(a) A person may not use a drawing unless the offeror clearly and conspicuously discloses in writing in the offer:
(1) a statement of the odds of winning each prize offered, expressed as a ratio in Arabic numerals, except as provided by Subsection (c);
(2) the exact prizes to be awarded in the drawing;
(3) the beginning and ending dates of the contest period;
(4) the date the drawing will occur; and
(5) the location at which the drawing will occur.
(b) A person engaged in the preparation, promotion, sale, distribution, or use of a drawing shall disclose:
(1) the retail value of a prize; and
(2) clearly and conspicuously in at least 10-point type that airfare, lodging, or both are not included in a prize that is a trip or recreational activity to the extent that either or both are not included.

Terms Used In Texas Business and Commerce Code 621.106

  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(c) If the odds of winning a prize cannot be determined because the total number of entries is not known, the offeror shall make a statement to the effect that the odds of winning depend on the total number of entries received.