Sec. 42-103z. Advertising and promotional devices.
Sec. 42-103z. Advertising and promotional devices. (a) Advertising materials
pertaining to time-sharing plans shall not: (1) Misrepresent facts or create false or misleading impressions regarding the time-sharing plan; (2) make predictions of specific
or immediate price or value increases of time-share periods; (3) contain statements
concerning nonspecific or not bona fide future price increases by the seller; (4) contain
any asterisk or other reference symbol as a means of contradicting or substantially changing any previously made statement or as a means of obscuring material facts; (5) describe
any improvement to the time-sharing plan that is not required to be built or that is
uncompleted unless conspicuously labeled as "need not be built", or "proposed", or
"under construction" with the date of promised completion clearly indicated; (6) misrepresent the size, nature, extent, qualities or characteristics of the offered accommodations
or facilities; (7) misrepresent the amount or period of time during which the accommodations or facilities will be available to any purchaser; (8) misrepresent the nature or extent
of any services incident to the time-sharing plan; (9) misrepresent the conditions under
which a purchaser may exchange the right to use accommodations or facilities in one
location for the right to use accommodations or facilities in another location.
(b) No promotional device, including sweepstakes, lodging certificates, gift awards,
premiums, discounts, drawings or display booths may be utilized without a disclosure
that: (1) The promotional devices are being used for the purpose of soliciting sales of
time-share periods; and (2) the promotional devices are being used to obtain the names
and addresses of prospective purchasers, and that any acquired names and addresses
may be used for the purpose of soliciting sales of time-share periods.
(c) When a time-share project uses free offers, gift enterprises, drawings, sweepstakes or discounts as a promotional program the rules of such promotional program
shall be disclosed to the public and shall state: (1) The name of each time-sharing plan
or business entity participating in the program; (2) the day and the year by which all
prizes listed or offered will be awarded; and (3) the method by which all prizes are to
be awarded.
(d) At least one of each prize featured in a promotional program shall be awarded
by the day and year specified in the promotion. The provisions of this section shall apply
to persons or firms that engage in advertising the opportunity for any person to contract
for the purchase of a time-sharing plan.
(P.A. 82-232, S. 4.)