Sec. 42-295. Definitions.
Sec. 42-295. Definitions. As used in sections 42-295 to 42-300, inclusive:
(1) "Advertise" means the use of the media, mail, computer, telephone or personal
contact to offer: (A) to a specifically named person the opportunity to participate in a
sweepstakes and such offer represents that (i) such person has been awarded a prize,
(ii) such person will be awarded a prize, or (iii) there is a strong likelihood, as determined
pursuant to regulations adopted by the Commissioner of Consumer Protection in accordance with chapter 54, that such person will be awarded a prize; or (B) a game of skill
and such offer represents that (i) a participant will be awarded a prize, or (ii) there is a
strong likelihood, as determined pursuant to such regulations, that a participant will be
awarded a prize;
(2) "Consumer product" means any article used primarily for personal, family or
household purposes;
(3) "Person" means an individual, corporation, association, partnership or any other
entity;
(4) "Prize" includes, but is not limited to, an award, gift certificate, travel coupon
or anything else of value regardless of whether there are any conditions or restrictions
attached to the receipt of the prize that is separate and distinct from the goods, services
or property promoted by the sponsor;
(5) "Promoter" means a person conducting a sweepstakes;
(6) "Simulated check" means a document which looks similar to a check but is not
currency or a check, draft, note, bond or other negotiable instrument;
(7) "Sponsor" means a person on whose behalf the sweepstakes is being conducted
to promote or advertise goods or services of that person;
(8) "Sweepstakes" means a legal contest or game where a prize is distributed by
lot or by chance and does not require a permit or license to operate in the state;
(9) "Verifiable retail value" means: (A) A price at which a substantial number of
the prizes have sold at retail in the local market no earlier than one year prior to the
advertisement of the sweepstakes by a person other than the promoter or sponsor; (B)
if the prize is not available for retail sale in the local market, the retail value of an item
substantially similar to the prize in quality, quantity, grade and utility; or (C) if the value
cannot be established under subparagraph (A) or (B) of this subdivision, no more than
three times the cost of the prize to the promoter or sponsor; and
(10) "800 number" means a prefixed telephone number for which no charge is assessed.
(P.A. 96-196, S. 6; P.A. 98-187; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)
History: P.A. 98-197 redefined "advertise" in Subdiv. (1); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of
Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189
repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and
Consumer Protection, effective June 1, 2004.