Tex. Bus. & Com. Code § 621.105

Prohibited Acts Relating to Matched Contest

Effective Apr 1, 2009Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278)

A person engaged in the preparation, promotion, sale, distribution, or use of a matched contest may not:

  1. (1) use the term "prize" or a similar term in a false, misleading, or deceptive manner;
  2. (2) represent in soliciting a person to enter or participate in the contest that the person is a "finalist," "major award winner," "grand prize recipient," or "winner" or that a person has "won," "will win," or "will be awarded" or use words or phrases of similar meaning unless the representation is true;
  3. (3) represent that a prize has a sponsor, approval, characteristic, ingredient, use, benefit, quantity, status, affiliation, connection, or identity that the prize does not have;
  4. (4) represent that a prize is of a particular standard, quality, grade, style, or model if the prize is of another;
  5. (5) misrepresent the odds of winning a prize;
  6. (6) misrepresent the rules or terms of participation in the contest;
  7. (7) represent that:

    1. (A) a number, ticket, coupon, symbol, or entry form confers or will confer an advantage on a person that another person does not have or has a value that other entries do not have; or
    2. (B) a person is more likely to win a prize than another person;
  8. (8) fail to obtain a person's express written consent before using that person's name for a promotional purpose;
  9. (9) use or distribute simulated checks or currency or other simulated items of value unless the words "SPECIMEN--NON-NEGOTIABLE" are clearly and conspicuously printed on those items in at least 18-point type; or
  10. (10) use a word or phrase that:

    1. (A) simulates or causes confusion with a document issued by an officer of a court or with the seal or name of a real or fictitious governmental entity; or
    2. (B) implies that the offeror is sending a court document or legal document or that the offeror is a governmental entity.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

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