100.171 Prize notices.

516 words·~2 min read·/wi/chapter-100/100-171-5

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

(1)Definitions. In this section:

(a)“Prize” means a gift, award or other item or service of value.

1. “Prize notice” means a notice given to an individual in this state that satisfies all of the following:

a. Is or contains a representation that the individual has been selected or may be eligible to receive a prize.

b. Conditions receipt of a prize on a payment 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.

2. “Prize notice” does not include any of the following:

a. A notice given at the request of the individual.

b. A notice informing the individual that he or she has been awarded a prize as a result of his or her actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice.

c. A notice given in the form of an in-pack chance promotion if it meets the requirements of s. 100.16

(2).

(c)“Solicitor” means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize.

(d)“Sponsor” means a person on whose behalf a solicitor gives a prize notice.

(e)“Verifiable retail value” of a prize means:

1. 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.

2. If the solicitor or sponsor is unable to satisfy subd. 1. , no more than 1.5 times the amount the solicitor or sponsor paid for the prize.

(2)Written prize notice required. If a solicitor represents to an individual that the individual has been selected or may be eligible to receive a prize, the solicitor may not request, and the solicitor or sponsor may not accept, a payment from the individual in any form before the individual receives a written prize notice that contains all of the information required under sub.

(a)presented in the manner required under sub.

(b)to

(f).

(3)Delivery and contents of written prize notices.

(a)A written prize notice shall contain all of the following information presented in the manner required under pars.

(b)to

(f):

1. The name and address of the solicitor and sponsor.

2. The verifiable retail value of each prize the individual has been selected or may be eligible to receive.

3. If the notice lists more than one prize that the individual has been selected or may be eligible to receive, a statement of the odds the individual has of receiving each prize.

4. Any requirement or invitation for the individual to view, hear or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation and a description of the property or service that is the subject of the sales presentation.