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 :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) |
(a) |
“Prize notice” means a notice given to an individual in this state that satisfies all of the following:
(i) |
is or contains a representation that the individual has been selected or may be eligible to receive a prize; and |
(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. |
|
(b) |
“Prize notice” does not include:
(i) |
a notice given at the request of the individual; or |
(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:
(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 |
(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. |
|
Amended by Chapter 324, 2010 General Session