Texas Business & Commerce Code - Section 40.092. General Contest Records; List Of Winners
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 40.092. General Contest Records; List Of Winners
§ 40.092. GENERAL CONTEST RECORDS; LIST OF WINNERS. (a)
For each contest other than a drawing, the offeror shall maintain
until the second anniversary of the date on which all prizes have
been awarded:
(1) a record of the identity and address of each person
who is responsible for developing, creating, sponsoring, or
implementing any part of the advertising plan or program;
(2) records that show that the winning numbers have
been deposited in the mail or otherwise made available to
recipients in accordance with the odds statement provided under
Section 40.066(b);
(3) a copy of each contest solicitation;
(4) records adequate to disclose:
(A) the name and address of each contestant;
(B) the approximate date on which each contestant
was sent the solicitation used in the contest;
(C) the number of major prizes awarded;
(D) the date on which each major prize was
awarded;
(E) the name, brand, type, model number, and
manufacturer of each prize offered;
(F) the method of computing the retail value of
each prize;
(G) the method of selecting major prize winners;
(H) the name and address of each major prize
winner; and
(I) the facts on which each representation or
disclosure made in connection with the contest is based and from
which the validity of the representation or disclosure can be
determined.
(b) Postal receipt records, affidavits of mailing, and a
list of winners or recipients of the major prizes satisfy the
requirements of Subsection (a)(2).
Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, 1997.
Section: 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 41.001 41.002
Last modified: August 10, 2007
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