In the case of prize promotions, it is unlawful for a seller to fail to provide the following information:

Terms Used In Nebraska Statutes 86-228

  • Consumer: means an actual or prospective purchaser, lessee, or recipient of consumer goods or services bought primarily for use for personal, family, or household purposes. See Nebraska Statutes 86-214
  • Prize: means anything offered, or purportedly offered, and given, or purportedly given, to a person by chance. See Nebraska Statutes 86-217
  • Prize promotion: means (1) a sweepstakes or other game of chance or (2) an oral or written express or implied representation that a person has won, has been selected to receive, or may be eligible to receive a prize or purported prize. See Nebraska Statutes 86-218
  • Seller: means any person or organization who individually or through salespersons initiates unsolicited consumer telephone calls in order to (1) sell, lease, or rent consumer goods or services, (2) offer gifts or prizes with the intent to sell, lease, or rent consumer goods or services, or (3) represent to a consumer that the consumer has won or will receive a prize by telephonic means or by written notice sent through the mail in which the goods and services and all the material terms of the transaction are not fully described and which require that the consumer contact the seller by telephone to learn about or initiate the transaction. See Nebraska Statutes 86-219
  • Solicitor: means any person, who is not the seller offering a prize promotion, who represents to an individual that the individual has won or will receive a prize. See Nebraska Statutes 86-220
  • Sponsor: means any person on whose behalf a solicitor gives a prize but who is not the seller offering a prize promotion. See Nebraska Statutes 86-221
  • Verifiable retail value: means the price (1) at which the solicitor or sponsor can demonstrate that a substantial number of prizes have been sold within the prior twelve months by a person other than the solicitor in the trade area in which the prize notice is given or (2) no more than one and one-half times the amount the solicitor or sponsor paid for the prize. See Nebraska Statutes 86-223

(1) The odds of winning or receiving the prize and, if the odds are not calculable in advance, the factors used in calculating the odds;

(2) That no purchase and no payment is necessary to win;

(3) All material costs or conditions to receive or redeem a prize that is the subject of the prize promotion;

(4) The no-purchase or no-payment method of participating in the prize promotion, with either instructions on how to participate or an address or local or toll-free telephone number to which customers may write or call for information on how to participate;

(5) The true name and address of the solicitor, sponsor, or seller offering a prize when the consumer is told he or she has won or will receive a prize; and

(6) The verifiable retail value of each prize the consumer is told he or she has won or will receive.

Source

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