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State Law
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Texas Business & Commerce Code - Chapter 40 Contests And Gift GiveawaysLegal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Chapter 40 Contests And Gift Giveaways This chapter may be cited as the Contest and Gift Giveaway Act. Added by Acts 1997, 75th Leg., ch. 1008, § 4, eff. Sept. 1, ... This chapter shall be interpreted to provide the maximum disclosure to, and fair treatment of, a person who enters a contest or gift giveaway through ... (a) In this chapter: (1) "Contest" means a promotional device in which: (A) a person is offered, as an inducement to attend a sales presentation, ... This chapter does not apply to a sales presentation conducted in conjunction with a business seminar, trade show, convention, or other gathering at which representatives ... (a) The retail value of an item offered as a prize or gift is the price at which a substantial number of sales of the ... (a) Subject to Subsections (d)-(g), an offeror may not fail: (1) in a gift offer to provide each gift as represented to each person who ... (a) If a gift or prize involves lodging, airfare, a trip, or a recreational activity, the offeror may require a refundable deposit if the requirement ... This subchapter applies to a person who uses a gift as part of an advertising plan or program. Added by Acts 1997, 75th Leg., ch. ... A gift is not prohibited in a legitimate trade promotion if the advertising regarding the promotion fully discloses any requirement of a purchase to be ... (a) An offeror may not notify a person that the person will receive a gift, a condition of receipt of which requires the person to ... An offeror may not notify a person that the person will receive a gift, a condition of receipt of which requires the person to purchase ... (a) An offeror may not notify a person that the person will receive a gift unless at the time of the notification the offeror clearly ... 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 ... This subchapter applies to a person who uses a contest as part of an advertising plan or program. Added by Acts 1997, 75th Leg., ch. ... An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or ... An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or ... An offeror may not notify a person that the person has won a prize, will receive a prize, or has a chance to win or ... (a) The identity and number of the major prizes to be awarded in a matched contest shall be determined before the contest begins. That information ... (a) A person engaged in the preparation, promotion, sale, distribution, or use of a matched contest may not: (1) use the term "prize" or another ... (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 ... This subchapter applies to a person who uses a contest as part of an advertising plan or program. Added by Acts 1997, 75th Leg., ch. ... (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 ... (a) For each drawing, the offeror shall maintain until the second anniversary of the date on which all major prizes have been awarded: (1) a ... At the end of the contest period, each person who conducts a contest shall provide to any person requesting the information: (1) the names of ... The records required under this subchapter shall be made available to the attorney general not later than the 30th day after the date on which ... (a) A person commits an offense if the person knowingly violates this chapter. (b) Except as provided by Subsection (c), an offense under this section ... A violation of this chapter is a deceptive trade practice in addition to the practices described by Subchapter E, Chapter 17, and is actionable under ... Last modified: August 10, 2007 |