2014 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 8. PROMOTIONAL GIFTS AND CONTESTS CHAPTER 3. NOTICE
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IC 24-8-3
Chapter 3. Notice
IC 24-8-3-1
Delivery
Sec. 1. Notice may be delivered by any of the following methods:
(1) Hand.
(2) Mail.
(3) Newspaper.
(4) Other periodical.
(5) Electronic mail or any other form of electronic, digital, or
Internet based communication.
As added by P.L.233-1989, SEC.1. Amended by P.L.222-2005,
SEC.35.
IC 24-8-3-2
Names and addresses
Sec. 2. The notice must contain the name and address of the
promoter and the sponsor of the promotion.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-3
Statement of verifiable retail value of prizes
Sec. 3. The notice must state the verifiable retail value of each
prize a participant has been awarded or may have been awarded.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-4
Statement of odds
Sec. 4. (a) If an element of chance is involved, each notice must
state the odds the participant has of receiving each prize.
(b) The statement of the odds must include, for each prize, the
total number of prizes to be given away and the total number of
notices distributed.
(c) The total number of notices must include all notices in which
a prize may be given including notices for other sponsors.
(d) If the odds of winning a prize are not accurately stated on the
basis of the number of notices, the odds shall be stated in a manner
that will not deceive or mislead a participant regarding the
participant's chance of receiving a prize.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-5
Location and size of statement of verifiable retail value and odds
Sec. 5. (a) The verifiable retail value and odds for each prize must
be stated in immediate proximity with each listing of the prize in each
place it appears on the notice.
(b) The verifiable retail value and odds for each prize must be
listed in the same size type and boldness as the prize.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-6
Attendance at sales presentation
Sec. 6. 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 or
may have been awarded, the requirement or invitation must be
conspicuously disclosed to the person in the notice in at least 10 point
boldface type on the first page of the notice.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-7
Additional purchases
Sec. 7. (a) If a prize is offered or given that will require a person
to purchase additional goods or services, including shipping fees,
handling fees, or any other charge, the requirement and additional
cost to the person must be clearly disclosed on the first page of the
notice.
(b) Disclosure must be made by using the following appropriately
completed statement:
"You must pay $ _______ in order to receive this item.".
(c) The disclosure statement must be in at least 10 point boldface
type.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-8
Eligibility limitations
Sec. 8. A limitation on the eligibility of persons must be clearly
disclosed in the notice in at least 10 point boldface type.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-9
Presentation of winning ticket necessary
Sec. 9. If prizes will not be awarded or given if a winning ticket,
token, number, lot, or other device used to determine winners in a
particular promotion is not presented to a promoter or a sponsor, this
fact must be clearly stated in the notice.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-10
Applicability of chapter to certain book, record, video, and
magazine promotions
Sec. 10. Sections 3, 5 and 7 of this chapter shall not apply in a
promotion only for books, records, videos, or magazines when the
person has the right to review the merchandise without obligation for
at least seven (7) days and the right to obtain a full refund for the
return of undamaged merchandise.
As added by P.L.233-1989, SEC.1.
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