TITLE XXXI
TRADE AND COMMERCE

CHAPTER 358-O
PRIZES AND GIFTS ACT

Section 358-O:3

    358-O:3 Representation of Having Won a Prize, Gift or Any Item of Value. –
I. No person shall, in connection with the sale or lease or solicitation for the sale or lease of goods, property or service, represent that another person has won anything of value or is the winner of a contest, unless all of the following conditions are met:
(a) The recipient of the prize, gift or item of value shall be given the prize, gift or item of value without obligation; and
(b) The prize, gift or item of value shall be delivered to the recipient at no expense to the recipient, within 10 days of the representation.
II. The use of language that may lead a reasonable person to believe he has won a contest or anything of value, including, but not limited to, "Congratulations," or "You have won," or "You are the winner of," shall be considered a representation of the type governed by this section.

Source. 1994, 229:2, eff. Jan. 1, 1995.