(a) The following definitions apply throughout this section:
(1) "Drawing" means an activity in which:
- (A) multiple participating persons could possibly receive a prize; and
- (B) the person or persons who receive a prize are determined by chance, as by randomly drawing one (1) or more names or numbers from among many names or numbers.
- (2) "Gift" means the voluntary transfer of anything of value without consideration.
- (3) "Prize" means something of value received by a person as the result of a drawing.
(b) Notwithstanding any other provision of this title, an insurer, an employee of an insurer, or an insurance producer may do the following:
- (1) Offer and give one (1) or more gifts to a person in connection with marketing for the sale or retention of a contract of insurance if the reasonable value of all gifts given by the insurer, employee, or producer to a person in one (1) year does not exceed two hundred fifty dollars ($250).
(2) Conduct a drawing if:
- (A) persons participating in the drawing do not pay or incur a cost for their participation; and
- (B) the value of the prize or prizes received by any single person participating in the drawing does not exceed five hundred dollars ($500).
(c) Neither:
- (1) a gift given under subsection (b)(1); nor
(2) a prize received in a drawing conducted under subsection (b)(2);
may be in the form of cash.
As added by P.L.196-2021, SEC.33. Amended by P.L.9-2022, SEC.50.