N.M. Admin. Code § 12.2.3.7

Current through Register Vol. 35, No. 21, November 5, 2024

Section 12.2.3.7 - DEFINITIONS

The following words when used in these regulations shall have the following meaning:

A. "Time share" means a right to occupy a unit or any of several units during five or more separated time periods over a period of at least five years, including renewal options, whether or not coupled with an estate or interest in a condominium or a specified portion thereof, or any other estate or interest in land.

B. "Membership campground" means any enterprise that has as one of its purposes camping or outdoor recreation, including the use of camping sites, which solicits memberships paid for by a fee or periodic payments, and which provides camping facilities primarily for the use of contractual members. "Membership campground" does not include:

(1) a mobile home park as defined by Section 47-10-2 NMSA 1978;

(2) camping or recreational trailer parks which are open to the general public and which provide camping sites only for a per use fee; or

(3) any enterprise that is tax exempt under Section 501(c) (3) of the Internal Revenue Code of 1954, as amended. "Membership" in this context means the contractual right or license to use campground facilities for more than 14 days in a year.

C. "Subdivided land" constitutes an area of land in New Mexico that has been divided into five or more parcels within three years for the purpose of sale or lease.

D. "Condominium" means real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owner of those portions. Real estate is not a condominium unless the undivided interest in the common elements are vested in the unit owners.

E. "Game promotion" or "promotional" means any advertising or publicity of an enterprise on the basis of representations that prizes, awards or gifts will be given to a certain number of entrants without any regard for the recipient's skill, and based solely on chance, for the primary purpose of the direct or indirect promotion of the sale of subdivided land, condominiums, time-share interests or membership in campground organizations. Game promotions shall include, without limitation, such activities as a "sweepstakes", "giveaway", "contest", "drawing", "lotto" or "game".

F. A "giveaway" means that all recipients of the game promotion are guaranteed receipt of the gift or gifts described in a promotional piece.

G. "Sweepstakes" means that there is an element of chance involved to receive a gift described in the promotional piece, and that there will be winners and losers. A program or promotion is not a sweepstakes unless the sweepstakes is offered in addition to the items given to all recipients of promotional pieces.

H. "Promotional pieces" or "promotional materials" includes, but is not limited to, brochures, pamphlets, letters, envelopes, advertisements or other materials disseminated in connection with the sale of subdivided land, condominiums, time-share interests or memberships in campgrounds. This includes mail solicitations, advertising copy, testimonials and endorsements, telephone solicitations and offers of accommodations, meals or entertainment at no cost or at reduced cost, in whatever form.

I. "Property interest" means a time-share interest, a campground membership or any ownership interest in subdivided land or a condominium.

J. "Vacation certificates" means lodging certificates which include complimentary or discounted transportation, meals or other material benefits in addition to the mere use of accommodations and motel, hotel or campground facilities.

K. "Verifiable retail value" means either

(1) the price charged by a national or local retail outlet for an identical or substantially similar item; or

(2) an amount equal to no more than three times the cost paid by the seller or promoter for the item.

L. "Premium gift" means the gift which the majority of promotion recipients who claim their gifts will receive. It is usually the gift offered which is of the lowest value.

M. "Promoter" means any organization which authorizes or disseminates promotional material.

N.M. Admin. Code § 12.2.3.7

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