A. 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:

Terms Used In Virginia Code 59.1-416

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • item: means any item or service with monetary value. See Virginia Code 59.1-415
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means any natural person, corporation, trust, partnership, association and any other legal entity. See Virginia Code 59.1-415

1. The recipient of the prize, gift or item of value shall be given the prize, gift or item of value without obligation; and

2. The prize, gift or item of value shall be delivered to the recipient at no expense to him, within ten days of the representation.

B. 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.

1989, c. 689.

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