940 CMR, § 12.02

Current through Register 1536, December 6, 2024
Section 12.02 - Disclosure
(1) In any raffle conducted pursuant to M.G.L. c. 271, § 7A, the sponsoring organization must disclose the following information either on the raffle ticket itself or in a written notice given to the purchaser prior to the sale:
(a) a full and fair description of the prize;
(b) the appraised value of the prize;
(c) date or dates when the prize will be available for inspection;
(d) if there is a minimum number of tickets to be sold; what the minimum is and the procedure to be employed to secure a refund in the event the minimum is not reached;
(e) the maximum number of tickets to be sold if any;
(f) the fact that the value of the prize will be treated as ordinary income to the winner for federal and state income tax purposes and that the winner may be required to pre-pay a portion of the tax liability prior to receiving the prize;
(g) the fact that the Internal Revenue Service takes the position that no portion of the ticket price will qualify as a charitable contribution for federal income tax purposes:
(h) the drawing date for the raffle;
(i) the estimated percentage of the ticket price which will be used for charitable purposes in the event that only the minimum number of tickets are sold;
(j) the exact nature of the charitable purpose for which the proceeds will be used:
(k) any other facts the disclosure of which may have influenced the purchaser or prospective purchaser not to enter into the transaction.
(2) Each ticket must bear a clear and conspicuous warning to the effect that depositing the ticket or any other material in connection with the raffle in the federal mails is a violation of federal law and may lead to criminal penalties.

940 CMR, § 12.02