As used in this part 8, unless the context otherwise requires:
(1) “Contest” means any game, puzzle, competition, or plan that holds out or offers to prospective participants the opportunity to receive or compete for gifts, prizes, or gratuities as determined by skill or any combination of chance and skill; except that “contest” shall not be construed to include any activity of licensees regulated under article 9 or part 6 of article 21 of title 24, or article 30 or article 40 of title 44.
(2) “No purchase necessary message” means the following statement, set apart and in bold-faced type, and at least ten-point type: “No purchase or payment of any kind is necessary to enter or win this [sweepstakes or contest].”.
(3) “Official rules” means the formal printed statement of the rules for the sweepstakes or contest, which statement shall be printed in contrasting type face at least ten-point type.
(4) “Prize” means cash or an item or service of monetary value that is offered or awarded to a person in a real or purported sweepstakes or contest.
(5) “Prize notice” means a written notice, other than an advertisement appearing in a magazine or newspaper of general circulation, delivered by the United States postal service or by a private carrier, that is or contains a representation that the recipient will receive, or may be or may become eligible to receive, a prize.
(6) “Represent” and “representation” includes express statements and the implications and inferences that would be drawn from those statements, taking into account the context in which the representation is made, including, but not limited to, emphasis, font, size, color, location, and presentation of the representation and any qualifying language. If the representation is made on or visible through a mailing envelope, the context in which the representation is to be considered, including any qualifying language, shall be limited to that which is visible without opening the mailing envelope.
(7) “Retail value” of a prize means:
(a) A price at which the sponsor can demonstrate that a substantial number of the prizes or substantially similar items have been sold to the public in this state by someone other than the sponsor during the preceding year; or
(b) If the sponsor is unable to satisfy the requirement in paragraph (a) of this subsection (7), then the retail value is no more than one and one-half times the amount that the sponsor paid or would pay for the prize in a bona fide purchase from a seller unaffiliated with the sponsor.
(8) “Specially selected” means a representation that a person is a winner, a finalist, in first place or tied for first place, or otherwise among a limited group of persons with an enhanced likelihood of receiving a prize.
(9) “Sponsor” means a person who offers, by means of a prize notice, a prize to another person in this state in conjunction with any real or purported sweepstakes or contest that requires or allows, or creates the impression of requiring or allowing, the person to purchase any goods or services or pay any money as a condition of receiving, or in conjunction with allowing the person to receive, use, compete for, or obtain a prize or information about a prize.
(10) “Sweepstakes” means any competition, giveaway, drawing, plan, or other selection process or other enterprise or promotion in which anything of value is awarded to participants by chance or random selection that is not otherwise unlawful under other provisions of law; except that “sweepstakes” shall not be construed to include any activity of licensees regulated under part 6 of article 21 of title 24, or article 30 or article 40 of title 44.
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