06-003 Code Vt. R. 06-031-003-X - RULE CF 109 - CONTESTS AND PRIZES

Section 109.01 Contests

It shall constitute an unfair and deceptive trade act and practice in commerce under 9 V.S.A. Section 2453(a) for any person to solicit any other person to engage in any kind of a game of skill, contest, sweepstakes, giveaway or other promotion which:

a) is deceptive or misleading as to chances of winning, the number of winners, the value of the prizes, or the availability of the prize;

b) requires any kind of entry fee, service charge, purchase or similar consideration in order to enter or to continue to remain eligible; or,

c) uses publications, literature, written or verbal promotion that is false, deceptive or misleading.

Section 109.02 Prizes

It shall constitute an unfair and deceptive trade act and practice in commerce under 9 V.S.A. Section 2453(a) for any person to represent that any other person is a "winner" or has been "selected" or is otherwise being included in a select group for receipt of a prize or an opportunity or that a person is entering a "contest," "sweepstakes," "drawing," or other competitive enterprise from which a winner or select group of winners will receive a prize or opportunity when, in fact, the enterprise is a promotional scheme designed to make contact with prospective customers and all or a substantial number of those "entering" receive the same "prize" or "opportunity."Statutory Authority: 9 V.S.A. § 2453

Notes

06-003 Code Vt. R. 06-031-003-X

Effective Date: February 1974