13-28-2. Definitions.

298 words·~1 min read·/ut/title-13/chapter-28/13-28-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

For the purpose of this part:

(1)"Division" means the Division of Consumer Protection in the Department of Commerce.

(2)"Prize" means a gift, award, or other item or service of value.

(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