_______________________________________________
SUBSTITUTE
SENATE BILL 6373
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Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 2000 Regular Session
By
Read
first time 02/01/2000.
Clarifying promotional contests of chance.
AN
ACT Relating to promotional contests of chance; adding a new section to chapter
9.46 RCW; and repealing RCW 9.46.0355.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 9.46 RCW to read as follows:
(1)
The legislature authorizes a business to conduct a promotional contest of
chance as defined in this section, in this state, or partially in this state,
whereby the elements of prize and chance are present but in which the element
of consideration is not present.
(2)
Promotional contests of chance under this section are not gambling as defined
in RCW 9.46.0237.
(3)
Promotional contests of chance shall be conducted as advertising and
promotional undertakings solely for the purpose of advertising or promoting the
services, goods, wares, and merchandise of a business.
(4)
No person eligible to receive a prize in a promotional contest of chance may be
required to:
(a)
Pay any consideration to the promoter or operator of the business in order to
participate in the contest; or
(b)
Purchase any service, goods, wares, merchandise, or anything of value from the
business, however, for other than contests entered through a direct mail
solicitation, the promoter or sponsor may give additional entries or chances
upon purchase of service, goods, wares, or merchandise if the promoter or
sponsor provides an alternate method of entry requiring no consideration.
(5)(a)
As used in this section, "consideration" means anything of pecuniary
value required to be paid to the promoter or sponsor in order to participate in
a promotional contest. Such things as visiting a business location, placing or
answering a telephone call, completing an entry form or customer survey, or
furnishing a stamped, self-addressed envelope do not constitute consideration.
(b)
Coupons or entry blanks obtained by purchase of a bona fide newspaper or
magazine or in a program sold in conjunction with a regularly scheduled
sporting event are not consideration.
(6)
Unless authorized by the commission, equipment or devices made for use in a
gambling activity are prohibited from use in a promotional contest.
(7)
This section shall not be construed to permit noncompliance with chapter 19.170
RCW, promotional advertising of prizes, and chapter 19.86 RCW, unfair business
practices.
NEW
SECTION. Sec. 2. RCW
9.46.0355 (Promotional contests of chance authorized) and 1987 c
4 s 35 are each repealed.
Passed the Senate February 15, 2000.
Passed the House March 3, 2000.
Approved by the Governor
March 30, 2000.
Filed
in Office of Secretary of State March 30, 2000.
