AN
ACT Relating to disclosures made for prize promotions; and amending RCW
19.170.030.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
19.170.030 and 1991 c 227 s 3 are each amended to read as follows:
(1)
The offer must identify the name and address of the promoter and the sponsor of
the promotion.
(2)
The offer must state the verifiable retail value of each prize offered in it.
(3)(a)
If an element of chance is involved, each offer must state the odds the
participant has of being awarded each prize. The odds must be expressed in
Arabic numerals, in ratio form, based on the total number of prizes to be
awarded and the total number of offers distributed.
(b)
If the promotion identified in the offer is part of a collective promotion with
more than one participating sponsor, that fact must be clearly and
conspicuously disclosed.
(c)
The odds must be stated in a manner that will not deceive or mislead a person
about that person's chance of being awarded a prize.
(4)
The verifiable retail value and odds for each prize must be stated in immediate
proximity on the same page with the first listing of each prize in type at
least as large as the typeface used in the standard text of the offer.
(5)
If a person is required or invited to view, hear, or attend a sales
presentation in order to claim a prize that has been awarded, may have been
awarded, or will be awarded, the requirement or invitation must be
conspicuously disclosed under subsection (7) of this section to the
person in the offer in bold-face type at least as large as the typeface
used in the standard text of the offer ((on the first page of the offer)).
(6)
No item in an offer may be denominated a prize, gift, award, premium, or similar
term that implies the item is free if, in order to receive the item or use the
item for its intended purpose the intended recipient is required to spend any
sum of money, including but not limited to shipping fees, deposits, handling
fees, payment for one item in order to receive another at no charge, or the
purchase of another item or the expenditure of funds in order to make
meaningful use of the item awarded in the promotion. The payment of any
applicable state or federal taxes by a recipient directly to a government
entity is not a violation of this section.
(7)
If the receipt of the prize is contingent upon certain restrictions or
qualifications that the recipient must meet, or if the use or availability of
the prize is restricted or qualified in any way, including, but not limited to
restrictions on travel dates, travel times, classes of travel, airlines,
accommodations, travel agents, or tour operators, the restrictions or
qualifications must be disclosed on the offer in immediate proximity on the
same page with the first listing of the prize in type at least as large as the
typeface used in the standard text of the offer or, in place thereof, the
following statement printed in direct proximity to the prize or prizes awarded
in type at least as large as the typeface used in the standard text of the
offer:
(("Major restrictions may apply to the use,
availability, or receipt of the prize(s) awarded.")) "Details
and qualifications for participation in this promotion may apply."
This
statement must be followed by a disclosure, in the same size type as the
statement, indicating where in the offer the restrictions may be found. The
restrictions must be printed in type at least as large as the typeface used in
the standard text of the offer.
(8) If a prize will not be awarded or given unless a winning
ticket, the offer itself, a token, number, lot, or other device used to
determine winners in a particular promotion is presented to a promoter or a
sponsor, this fact must be clearly stated on the first page of the offer.
