N.M. Code R. § 12.2.2.10

Current through Register Vol. 35, No. 11, June 11, 2024

Section 12.2.2.10 - PROMOTIONS

It is an unfair or deceptive trade practice for any person to sponsor, use or promote in any manner any game promotion, whether involving skill or chance, which requires consideration in order to participate, unless the following disclosures are clearly and conspicuously made in each and every representation made in connection with the game promotion, including all advertising and promotional literature:

A. the number of prizes to be awarded in each category or denomination, and a complete description of all prizes, including the exact monetary amount of cash prizes. If a prize is to be shared in the event of multiple winners, that fact should be disclosed, as well as the method by which the allocation will be made, and the approximate amount of the reduced share;

B. the odds of winning each stated prize. This information should be based on statistics on actual numbers of participants in prior similar game promotions, if available; or upon a reasonable estimate of anticipated participation in the promotion. If the promotion has multiple stages, the odds of reaching each stage should be disclosed;

C. the total amount of consideration necessary in order to be eligible for the first prize in each category or denomination. If the promotion has multiple stages, each involving separate consideration, the amounts involved should be totaled to reflect the full consideration which would be required by a participant were he successful at each stage;

D. the manner in which winners in each category or denomination shall be selected;

E. the complete name and address of the sponsor, user or promoter. Where there is a national sponsor, user or promoter as well as local retail outlets through which the game promotion is operated, only the name and address of the national sponsor, user or promoter need be stated in national advertisements or representations, although the local retail outlets should be described or identified if possible. Both the national and local sponsors must be identified in local advertising;

F. the geographic area covered;

G. the opening date and scheduled termination date;

H. the scheduled announcement date of the winners and the date and manner of award of prizes;

I. with respect to radio, television and outdoor billboard advertising, only the information required by Subparagraphs 10.1.5, 10.1.6 and 10.1.7 [now Subsections E, F and G of 12.2.2.10 NMAC] need be disclosed in the body of the advertisement, as long as the advertisement also contains a specific reference to a publication or other source where further detailed information concerning the game promotion can be obtained;

J. for purposes of Paragraph ten [now 12.2.2.10 NMAC] only, game promotions shall not include athletic competition or other sports events, pari-mutuel betting, booths at fairs or competition whose entrants are judged on the results of their skilled efforts at raising animals, training dogs, growing flowers, baking cakes, creating arts and crafts or other endeavors.

N.M. Code R. § 12.2.2.10

5/1/98; Recompiled 10/15/01