Texas Laws - Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 13. CONTESTS AND OTHER PROMOTIONS

Sec. 622.053. ADVERTISEMENT OR INSERT IN MAGAZINE, NEWSPAPER, OR CATALOG. (12789)(1-click HTML)

This chapter does not apply to a sweepstakes conducted through an advertisement or insert in: (12790)

(1) a magazine or newspaper: (12791)

(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: (12792)

(i) the publisher; (12793)

(ii) an affiliate of the publisher; or (12794)

(iii) a vendor for the publisher or an affiliate; and (12795)

(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 (12796)

(2) a catalog that is a promotional booklet listing merchandise for sale and that: (12797)

(A) is at least 24 pages long; (12798)

(B) has a circulation of at least 250,000; and (12799)

(C) either: (12800)

(i) requires customers to go to a physical location to purchase the advertised items; or (12801)

(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. (12802)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12803)

Sec. 622.054. CHARITABLE RAFFLE. (12804)(1-click HTML)

This chapter does not apply to a charitable raffle regulated by Chapter 2002, Occupations Code. (12805)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12806)

Sec. 622.0545. SAVINGS PROMOTION RAFFLE. (12807)(1-click HTML)

This chapter does not apply to a savings promotion raffle authorized under Chapter 280, Finance Code. (12808)

Added by Acts 2017, 85th Leg., R.S., Ch. 978 (H.B. 471), Sec. 2, eff. November 7, 2017. (12809)

Sec. 622.055. SWEEPSTAKES REGULATED BY ALCOHOLIC BEVERAGE CODE. (12810)(1-click HTML)

This chapter does not apply to a sweepstakes regulated by the Alcoholic Beverage Code. (12811)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12812)

Sec. 622.056. COMPANY REGULATED UNDER PUBLIC UTILITY REGULATORY ACT. (12813)(1-click HTML)

This chapter does not apply to a company regulated under Title 2, Utilities Code. (12814)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12815)

Sec. 622.057. AIR CARRIER; AIRMAN ASSOCIATION. (12816)(1-click HTML)

This chapter does not apply to: (12817)

(1) a company that is an air carrier subject to Title 49, United States Code; or (12818)

(2) a nonprofit association of airmen who are subject to that title. (12819)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12820)

Sec. 622.058. CERTAIN RECREATIONAL EVENTS. (12821)(1-click HTML)

This chapter does not apply to a drawing for the opportunity to participate in a hunting, fishing, or other recreational event conducted by the Parks and Wildlife Department. (12822)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12823)

Sec. 622.059. CERTAIN FOOD PRODUCTS. (12824)(1-click HTML)

This chapter does not apply to a sweepstakes promoting one or more food products regulated by the United States Food and Drug Administration or the United States Department of Agriculture. (12825)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12826)

Sec. 622.060. AUDIOVISUAL ENTERTAINMENT WORK, PRODUCT, OR SOUND RECORDING. (12827)(1-click HTML)

This chapter does not apply to a company if 75 percent or more of the company's business is: (12828)

(1) the systematic development, planning, and execution of creating audiovisual entertainment works, products, or sound recordings; and (12829)

(2) the distribution, sale, and marketing of those works, products, or recordings. (12830)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12831)

Sec. 622.061. CABLE SYSTEM. (12832)(1-click HTML)

This chapter does not apply to a company that owns or operates a cable system, as defined by 47 U.S.C. Section 522, as amended. (12833)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12834)

SUBCHAPTER C. PROHIBITED ACTS OR CONDUCT (12835)(1-click HTML)
Sec. 622.101. CONNECTING SWEEPSTAKES ENTRY OR OPERATION TO ORDER OR PURCHASE. (12836)(1-click HTML)

(a) A person conducting a sweepstakes may not use a mechanism for entering the sweepstakes that: (12837)

(1) has any connection to ordering or purchasing a good or service; (12838)

(2) is not identical for all individuals entering the sweepstakes; and (12839)

(3) does not have printed on the entry form, in a font size at least as large as the largest font size used on the entry form, the following language: "Buying Will Not Help You Win. Your chances of winning without making a purchase are the same as the chances of someone who purchases something. It is illegal to give any advantage to buyers in a sweepstakes." (12840)

(b) A person conducting a sweepstakes may not: (12841)

(1) require an individual to order, purchase, or promise to purchase a good or service to enter the sweepstakes; (12842)

(2) automatically enter an individual in the sweepstakes because the individual ordered, purchased, or promised to order or purchase a good or service; or (12843)

(3) solicit business using an order form or purchasing mechanism that has any role in the operation of the sweepstakes. (12844)

(c) Subsections (a)(1) and (b)(3) do not apply to a single sheet of paper that contains both a sweepstakes entry form and an order form if: (12845)

(1) the order form is perforated or detachable; and (12846)

(2) the entry form must be separated from the order form and returned to a different address than the order form. (12847)

(d) Subsections (a) and (b)(2) and (3) do not apply to a sweepstakes offered to promote a credit card or debit card if the official rules of the sweepstakes provide that consumers are entered in the sweepstakes based on the number of purchases made or the amount of money spent. The exception provided by this subsection applies only to a person offering a sweepstakes who qualified as an issuer as of January 1, 2001. (12848)

(e) Subsections (a) and (b)(2) and (3) do not apply to a company offering a sweepstakes in which the consumer must go to a physical location to obtain or use the goods or services being sold by the company. (12849)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12850)

Sec. 622.102. USING MULTIPLE SWEEPSTAKES ENTRY ADDRESSES OR MULTIPLE PURPOSES FOR ADDRESS. (12851)(1-click HTML)

A person conducting a sweepstakes who provides for entering the sweepstakes by mail may not: (12852)

(1) accept entries at more than one address; or (12853)

(2) use the address for entry in the sweepstakes for any other purpose. (12854)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12855)

Sec. 622.103. ALLOWING CHOICE OF PRIZE OR INDICATION OF PREFERRED PRIZE CHARACTERISTICS. (12856)(1-click HTML)

A person conducting a sweepstakes may not: (12857)

(1) solicit an individual to enter the sweepstakes by invitation or other opportunity; and (12858)

(2) allow the individual to choose, or indicate the preferred characteristics of, a prize to be awarded in the sweepstakes unless the choice or indication: (12859)

(A) is made on the sweepstakes entry form; and (12860)

(B) does not appear on, and is not in any way connected to, an order form or other purchasing mechanism. (12861)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12862)

Sec. 622.104. SENDING SWEEPSTAKES MATERIAL THAT INCLUDES CERTAIN STATEMENTS OR IMPLICATIONS. (12863)(1-click HTML)

A person conducting a sweepstakes may not send material accompanying or relating to the sweepstakes or an offer to enter the sweepstakes that: (12864)

(1) states or implies that: (12865)

(A) an individual must comply with a restriction or condition to enter the sweepstakes, unless all individuals entering the sweepstakes are required to comply with the identical restriction or condition; (12866)

(B) an individual's chances of winning a prize in the sweepstakes are higher, lower, or different in any way because of a factor or circumstance that does not relate to the manner in which a winner is selected; (12867)

(C) a winner will be selected at a time or place or in a manner that is different from the actual time or place at which or manner in which a winner is selected; (12868)

(D) an individual who orders or purchases a good or service will receive a benefit or be treated differently in the sweepstakes in comparison to an individual who does not order or purchase a good or service; or (12869)

(E) an individual who does not order or purchase a good or service will be disadvantaged or treated differently in the sweepstakes in comparison to an individual who orders or purchases a good or service; (12870)

(2) states or implies falsely that the individual receiving the material has received special treatment or personal attention from the offeror of the sweepstakes or any officer, employee, or agent of the offeror; or (12871)

(3) states that the recipient of the material: (12872)

(A) is a winner, if the recipient is not a winner; (12873)

(B) may be a winner; (12874)

(C) will be a winner if certain conditions are met or certain events occur; (12875)

(D) may be or will be among the group from which a winner will be selected; or (12876)

(E) has in any way a better chance than another individual of being chosen as a winner. (12877)

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (12878)

  

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