Texas Business & Commerce Code - Section 40.036. Gift Offers; Prohibited Acts
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 40.036. Gift Offers; Prohibited Acts
§ 40.036. GIFT OFFERS; PROHIBITED ACTS. A person may
not:
(1) use the term "gift" or a similar term in a false,
misleading, or deceptive manner;
(2) directly represent or imply that a gift promotion
is a contest;
(3) in a gift promotion, use the term:
(A) "finalist," "major award winner," "grand
prize recipient," "winner," "won," "will win," or "will be awarded"
or use words or phrases of similar meaning that imply that a person
is being solicited to enter or participate in a contest; or
(B) "sweepstakes" or "contest" or use words or
phrases of similar meaning that imply that the respondent is being
solicited to enter or has won a contest;
(4) fail to disclose the retail value of a gift;
(5) fail to disclose clearly and conspicuously in at
least 10-point type that airfare, lodging, or both are not included
as part of a prize that is a trip or recreational activity to the
extent that either or both are not included;
(6) represent that a gift has a sponsor, approval,
characteristic, ingredient, use, benefit, quantity, status,
affiliation, connection, or identity that the gift does not have;
(7) represent that a gift is of a particular standard,
quality, grade, style, or model if the gift is of another; or
(8) use a word or phrase that simulates or causes
confusion with:
(A) a document issued by an officer of a court of
any jurisdiction or that implies the offeror is sending a court or
legal document; or
(B) the seal or name of a governmental entity,
whether real or fictitious, or that implies that the offeror is a
governmental entity.
Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.
Section: 40.006 40.007 40.031 40.032 40.033 40.034 40.035 40.036 40.061 40.062 40.063 40.064 40.065 40.066 40.067
Last modified: August 10, 2007
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