A. It is unlawful for any person by any means, as part of an advertising program, to offer any item of value as an inducement to the recipient to visit a membership camping operator’s campground, attend a sales presentation or contact a salesperson, unless the person clearly discloses in writing in the offer in readily understandable language each of the following:
1. The name and campground address of the membership camping operator.
2. A general statement that the advertising program is being conducted by a membership camping operator and the purpose of any requested visit.
3. A statement of odds, in arabic numerals, of receiving each item offered.
5. The number of campgrounds that are participating in such advertising program.
6. The restrictions, qualifications and other conditions that must be satisfied before the recipient is entitled to receive the item, including:
a. Any deadline, if any, by which the recipient must visit the campground, attend the sales presentation or contact a salesperson in order to receive the item.
b. The approximate duration of any visit and sales presentation.
c. The date upon which the offer shall terminate and the final date upon which the gifts or prizes are to be awarded.
d. Any other conditions, such as minimum age qualification, a financial qualification or a requirement that if the recipient is married both husband and wife must be present in order to receive the item.
7. A statement that the membership camping operator reserves the right to provide a rain check or a substitute or like item, if these rights are reserved.
8. All other material rules, terms and conditions of the offer or program.
B. It is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to offer any item if the person knows or has reason to know that the offered item will not be available in a sufficient quantity based on the reasonably anticipated response to the offer.
C. It is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to fail to provide any offered item which any recipient who has responded to the offer in the manner specified in the offer, has performed the requirements disclosed in the offer and has met the qualifications described in the offer is entitled to receive, unless the offered item is not reasonably available and the offer discloses the reservation of a right to provide a rain check or a like or substitute item if the offered item is unavailable.
D. If the person making an offer subject to subsection A is unable to provide an offered item because of limitations of supply, quantity or quality not reasonably foreseeable or controllable by the person making the offer, the person making the offer shall inform the recipient of the recipient’s right to receive a rain check for the item offered, unless the person making the offer knows or has a reasonable basis for knowing that the item will not be reasonably available at approximately the same price to the person making the offer, and shall inform the recipient of the recipient’s right to at least one of the following additional options:
1. The person making the offer will provide a like item of equivalent or greater retail value or a rain check for the item. This option must be offered if the offered item is not reasonably available.
2. The person making the offer will provide a substitute item of equivalent or greater retail value.
3. The person making the offer will provide a rain check for a like or substitute item.
E. If a rain check is provided, the person making an offer subject to subsection A shall, within a reasonable time, and in any event not more than ninety days after the rain check is provided, deliver the agreed item to the recipient’s address without additional cost or obligation to the recipient, unless the item for which the rain check is provided remains unavailable because of limitations of supply, quantity or quality not reasonably foreseeable or controllable by the person making the offer. If the item is unavailable for these reasons, the person shall, not more than thirty days after the expiration of the aforesaid ninety-day period, deliver a like item of equal or greater retail value or, if the item is not reasonably available to the person at approximately the same price, a substitute item of equal or greater retail value.
F. On the written request of a recipient who has received or claims a right to receive any offered item, the person making an offer subject to subsection A shall furnish to the recipient sufficient evidence showing that the item provided matches the item randomly or otherwise selected for distribution to that recipient.
G. It is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to:
1. Misrepresent the size, quantity, identity or quality of any prize, gift, money or other item of value offered.
2. Misrepresent in any manner the odds of receiving any particular gift, prize, amount of money or other item of value.
3. Label any offer a “notice of termination” or “notice of cancellation.”
4. Materially misrepresent, in any manner, the offer, or program.
H. If any provision of this section is in conflict with the provisions of the Prizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes and Gifts Act shall control.
History
1985, c. 409; 1992, c. 545.
