Texas Business And Commerce Code Title 13, Chapter 621 - Contests And Gift Giveaways

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 621.001 - Short Title
  This chapter may be cited as the Contest and Gift Giveaway Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01,...
• Texas Section 621.002 - Construction Of Chapter
  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...
• Texas Section 621.003 - Definitions
  (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,...
• Texas Section 621.004 - Inapplicability Of Chapter To Certain Sales Presentations
  This chapter does not apply to a sales presentation that is conducted in conjunction with a business seminar, trade show, convention, or other gathering if...
• Texas Section 621.005 - Determination Of Retail Value Of Prize Or Gift
  (a) The retail value of an item offered as a prize or gift is the price at which at least two principal retail outlets in...

SUBCHAPTER B GIFT OFFERS

• Texas Section 621.006 - Deposit Requirements
  (a) In this section, "refundable deposit" means a deposit that is required to be returned in its entirety to a consumer if: (1) it is...
• Texas Section 621.051 - Applicability Of Subchapter
  This subchapter applies to a person who uses a gift as part of an advertising plan or program. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 621.052 - Required Disclosures Relating To Gifts
  (a) An offeror who notifies a person that the person will receive a gift shall, at the time of the notification, clearly and conspicuously disclose:...
• Texas Section 621.053 - Prohibited Acts Relating To Gifts
  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...
• Texas Section 621.054 - Limitations On Conditioning Gift On Payment Of Consideration, Charge, Or Expense
  (a) In this section, "redemption or shipping fee" means any kind of consideration paid to the offeror. The term does not include a refundable deposit....

SUBCHAPTER C MATCHED CONTESTS AND DRAWINGS

• Texas Section 621.055 - Limitations On Conditioning Gift On Purchase
  (a) An offeror may notify a person that the person will receive a gift, the receipt of which is conditioned on the person purchasing a...
• Texas Section 621.101 - Applicability Of Subchapter
  This subchapter applies to a person who uses a contest as part of an advertising plan or program. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 621.102 - Required Disclosures Relating To Prizes Generally
  An offeror who notifies a person that the person has won a prize, will receive a prize, or has a chance to win or receive...
• Texas Section 621.103 - Requirements For Matched Contest
  (a) The identity and number of the major prizes to be awarded in a matched contest must be: (1) determined before the contest begins; and...
• Texas Section 621.104 - Required Disclosures Relating To Matched Contest
  (a) A person who uses a matched contest shall clearly and conspicuously disclose in writing in the offer: (1) that attendance at a sales presentation...
• Texas Section 621.105 - Prohibited Acts Relating To Matched Contest
  A person engaged in the preparation, promotion, sale, distribution, or use of a matched contest may not: (1) use the term "prize" or a similar...
• Texas Section 621.106 - Required Disclosures Relating To Drawings
  (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...
• Texas Section 621.107 - Prohibited Acts Relating To Drawings
  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...
• Texas Section 621.108 - Conditioning Prize On Payment Of Consideration, Charge, Or Expense Prohibited; Exceptions
  (a) Except as provided by Subsection (b), an offeror may not notify a person that the person has won a prize, will receive a prize,...

SUBCHAPTER D FULFILLMENT OF GIFT AND PRIZE OFFERS

• Texas Section 621.109 - Conditioning Prize On Purchase Prohibited
  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...
• Texas Section 621.151 - Availability And Awarding Of Gift Or Prize
  (a) Subject to Sections 621.152-621.154, an offeror shall: (1) in a gift offer, provide each gift as represented to each person who attends a sales...
• Texas Section 621.152 - Raincheck Requirements
  Subject to Section 621.153(a), if the response to an offer exceeds the number of gifts or major or minor prizes, as applicable, available at the...
• Texas Section 621.153 - Issuance Of Check Or Money Order In Lieu Of Gift Or Minor Prize
  (a) An offeror who knows at the time a recipient of an offer visits a sales location or attends a sales presentation that the gift...

SUBCHAPTER E CONTEST RECORDS

• Texas Section 621.154 - Certificate Permitted For Lodging, Airfare, Trip, Or Recreational Activity
  An offeror may give the recipient of a gift or prize involving lodging, airfare, a trip, or a recreational activity a certificate that evidences the...
• Texas Section 621.201 - Applicability Of Subchapter
  This subchapter applies to a person who uses a contest as part of an advertising plan or program. Added by Acts 2007, 80th Leg., R.S.,...
• Texas Section 621.202 - Required Records For Contests Other Than Drawings
  (a) For each contest other than a drawing, the offeror shall maintain until the second anniversary of the date the last prize was awarded: (1)...
• Texas Section 621.203 - Required Records For Drawings
  (a) For each drawing, the offeror shall maintain until the second anniversary of the date the last major prize was awarded: (1) records of the...
• Texas Section 621.204 - Disclosure Of Major Prizes And Winners On Request
  A person who conducts a contest shall, at the end of the contest period, provide to any person who requests the information: (1) the names...

SUBCHAPTER F ENFORCEMENT

• Texas Section 621.205 - Records Available To Attorney General
  A person who receives a written request from the attorney general for the records required under this subchapter shall make the records available to the...
• Texas Section 621.251 - Criminal Penalty
  (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...
• Texas Section 621.252 - Deceptive Trade Practice
  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: September 28, 2016