North Dakota Code 53-11-02 – Disclosures required
1. A sponsor may not require a person to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize. A sponsor may not use a solicitation that creates the reasonable impression that a payment is required, unless the sponsor first has delivered to the person written prize notice containing the following information:
Terms Used In North Dakota Code 53-11-02
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
a. The true name or names of the sponsor and the address of the sponsor’s actual principal place of business; b. The retail value of each prize the person receiving the notice has been selected to receive or may be eligible to receive; c. A statement of the person’s odds of receiving each prize identified in the notice; d. Any requirement that the person pay shipping or handling fees or any other charges to obtain or use a prize, including the nature and amount of the charges; e. If receipt of the prize is subject to a restriction, a statement that a restriction applies, and a description of the restriction; f. Any limitation on eligibility; and
g. If a sponsor represents that the person is a “winner”, is a “finalist”, has been “specially selected”, is in “first place”, or is otherwise among a limited group of persons with an enhanced likelihood of receiving a prize, the written prize notice must contain a statement of the maximum number of persons in the group or purported group with this enhanced likelihood of receiving a prize.
2. The information required by subsection 1 must be presented in the following form:
a. The retail value and the statement of odds required must be stated in immediate proximity to each identification of a prize on the written notice and must be in the same size and boldness of type as the reference to the prize. The statement of odds must include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be distributed. The number of prizes and written prize notices must be stated in Arabic numerals. The statement of odds must be in the following form:
(number of prizes) out of notices distributed.
b. If a person is required to pay a shipping or handling fee or any other charge to obtain a prize, to be eligible to obtain a prize, or participate in a contest, the following statement must appear in immediate proximity to each listing of the prize in the written prize notice, in not less than ten-point boldface type: YOU MUST PAY $ TO RECEIVE THIS ITEM or YOU MUST PAY $ TO COMPETE FOR THIS ITEM, whichever is applicable.
c. The statement required under subdivision g of subsection 1 must appear in immediate proximity to each representation that the person is among a group of persons with an enhanced likelihood of receiving a prize and must be in the same size and boldness of type as the representation.