New Hampshire Revised Statutes 358-O:3 – Representation of Having Won a Prize, Gift or Any Item of Value
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I. 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:
(a) The recipient of the prize, gift or item of value shall be given the prize, gift or item of value without obligation; and
(b) The prize, gift or item of value shall be delivered to the recipient at no expense to the recipient, within 10 days of the representation.
II. 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.
(a) The recipient of the prize, gift or item of value shall be given the prize, gift or item of value without obligation; and
Terms Used In New Hampshire Revised Statutes 358-O:3
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(b) The prize, gift or item of value shall be delivered to the recipient at no expense to the recipient, within 10 days of the representation.
II. 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.