Texas Business & Commerce Code - Section 40.067. Drawings; Prohibited Acts
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§ 40.067. DRAWINGS; PROHIBITED ACTS. (a) A person may
not use a drawing unless the offeror clearly and conspicuously
discloses in writing in the offer:
(1) a statement of the odds of winning each prize
offered, expressed as a ratio in Arabic numerals;
(2) the exact prizes to be awarded in the contest;
(3) the beginning and ending dates of the contest
period;
(4) the date on which the drawing will take place; and
(5) the location of the drawing.
(b) A person engaged in the preparation, promotion, sale,
distribution, or use of a drawing may not:
(1) use the term "prize" or a similar term in a false,
misleading, or deceptive manner;
(2) fail to provide the prize as represented at the
conclusion of the drawing;
(3) fail to disclose the retail value of the prize;
(4) fail to disclose clearly and conspicuously in at
least 10-point type that airfare, lodging, or both are not included
in a prize that is a trip or recreational activity to the extent
that either or both are not included;
(5) represent that a prize has a sponsor, approval,
characteristic, ingredient, use, benefit, quantity, status,
affiliation, connection, or identity that the prize does not have;
(6) represent that a prize is of a particular
standard, quality, grade, style, or model if the prize is of
another;
(7) misrepresent the odds of winning a prize; or
(8) misrepresent the rules or terms of participation
in a contest.
(c) If the odds of winning cannot be determined because the
total number of entries is not known, the offeror shall make a
statement to the effect that the odds of winning depend on the total
number of entries received.
Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.
Section: 40.036 40.061 40.062 40.063 40.064 40.065 40.066 40.067 40.091 40.092 40.093 40.094 40.095 40.121 40.122
Last modified: August 10, 2007
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