Sec. 622.053. ADVERTISEMENT OR INSERT IN MAGAZINE, NEWSPAPER, OR CATALOG. This chapter does not apply to a sweepstakes conducted through an advertisement or insert in:
(1) a magazine or newspaper:
(A) that is a publication in which more than 40 percent of the total column inches in each issue consist of advertising space purchased by companies other than:
(i) the publisher;
(ii) an affiliate of the publisher; or
(iii) a vendor for the publisher or an affiliate; and
(B) that is a publication for which more than 50 percent of the total number of copies distributed of each issue are provided to customers who paid for the copy; or
(2) a catalog that is a promotional booklet listing merchandise for sale and that:
(A) is at least 24 pages long;
(B) has a circulation of at least 250,000; and
(C) either:
(i) requires customers to go to a physical location to purchase the advertised items; or
(ii) is published by a company that derives more than 50 percent of the company's total gross revenue from sales occurring at physical locations.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
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