As used in sections 42-295 to 42-301, 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 and that is offered or awarded to a participant in a sweepstakes or a promotional drawing;

(5) “Promoter” means a person conducting a sweepstakes or a promotional drawing on behalf of a sponsor;

(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 whose primary business is the sale of goods, services or property and who authorizes a sweepstakes or a promotional drawing to be conducted to promote or advertise goods, services or property of that person;

(8) “Sweepstakes” means a legal contest, competition, scheme, plan or game that (A) is conducted by a sponsor or promoter for advertising or promotional purposes related to the sale of goods, services or property where a prize is distributed by lot or by chance, and (B) 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;

(10) “800 number” means a prefixed telephone number for which no charge is assessed;

(11) “Simulated gambling device” means any mechanically, electrically or electronically operated machine, network, system or device that (A) is intended to be used by an entrant to a sweepstakes or a promotional drawing, (B) displays a simulated gambling display on a screen or mechanism, and (C) is owned, leased or otherwise possessed by a sponsor or a promoter, or any partners, affiliates, subsidiaries or contractors thereof; and

(12) “Simulated gambling display” means visual or aural information that takes the form of actual or simulated gambling or gaming play, including, but not limited to, a video poker game or any other kind of video playing card game, a video slot machine, a video game based on or involving the random or chance matching of different pictures, words, numbers or symbols, a video bingo game, a video craps game, a video keno game or a video lotto game.

(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; P.A. 14-217, S. 201.)

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; P.A. 14-217 added reference to Sec. 42-301, redefined “prize” in Subdiv. (4), redefined “promoter” in Subdiv. (5), redefined “sponsor” in Subdiv. (7), redefined “sweepstakes” in Subdiv. (8), added Subdiv. (11) defining “simulated gambling device”, added Subdiv. (12) defining “simulated gambling display”, and made technical changes, effective July 1, 2014.