Utah Code 13-28-2. Definitions
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For the purpose of this part:
(1) “Division” means the Division of Consumer Protection in the Department of Commerce.
Terms Used In Utah Code 13-28-2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) “Prize” means a gift, award, or other item or service of value.(3)(3)(a) “Prize notice” means a notice given to an individual in this state that satisfies all of the following:(3)(a)(i) is or contains a representation that the individual has been selected or may be eligible to receive a prize; and(3)(a)(ii) conditions receipt of a prize on a payment or donation from the individual or requires or invites the individual to make a contact to learn how to receive the prize or to obtain other information related to the notice.(3)(b) “Prize notice” does not include:(3)(b)(i) a notice given at the request of the individual; or(3)(b)(ii) a notice informing the individual that he or she has been awarded a prize as a result of his actual prior entry in a game, drawing, sweepstakes, or other contest if the individual is awarded the prize stated in the notice.(4) “Solicitor” means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize.(5) “Sponsor” means a person on whose behalf a solicitor gives a prize notice.(6) “Verifiable retail value” of a prize means:(6)(a) a price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor or sponsor in the trade area in which the prize notice is given; or(6)(b) if the solicitor or sponsor is unable to satisfy Subsection (6)(a), no more than 1.5 times the amount the solicitor or sponsor paid for the prize.