N.M. Code R. § 12.2.2.12 - DISCLOSURE
A. It is an unfair
or deceptive act or practice to represent that a person is a "winner" or has
been "selected" or is otherwise being involved in a select group for receipt of
a prize or an opportunity or that a person is entering a "contest",
"sweepstakes", "drawing" or other competitive enterprise from which a winner or
select group of winners will receive a prize or opportunity when, in fact, the
contest is no more than the sale of a product or service at a discounted price
and, to that end, most if not all of the entrants receive prizes which have
value, if at all, only when applied towards the purchase of said product or
service.
B. A sponsor, user or
promoter of any game promotion shall maintain written documentation in support
of each and every disclosure requirement stated in these regulations. Sponsors,
users or promoters shall, upon written demand from the attorney general's
office, provide that office with substantiating evidence on any required
disclosure.
Notes
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