N.M. Code R. § 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.
Notes
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