II

105TH CONGRESS

2D SESSION S. 2141

To require certain notices in any mailing using a game of chance for the

promotion of a product or service, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 5, 1998

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To require certain notices in any mailing using a game

of chance for the promotion of a product or service,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NOTICE REQUIRED ON MAILINGS USING

4 GAMES OF CHANCE.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Honesty in Sweepstakes Act of 1998’’.

7 (b) NOTICE REQUIRED.—Section 3001 of title 39,

8 United States Code, is amended—

9 (1) by redesignating subsections (j) and (k) as

10 subsections (k) and (l), respectively; and
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1 (2) by inserting after subsection (i) the follow2 ing:

3 ‘‘(j)(1) Matter otherwise legally acceptable in the

4 mails that constitutes a solicitation or offer in connection

5 with the sales promotion for a product or service that uses

6 any game of chance of winning anything of value (includ7 ing any sweepstakes) shall not be carried or delivered by

8 mail, and may be disposed of as the Postal Service directs,

9 unless such matter in conspicuous and legible type in con10 trast by typography, layout, or color with other printing

11 on its face, in accordance with regulations which the Post12 al Service shall prescribe—

13 ‘‘(A) bears on the envelope the following notice:

14 ‘This is a game of chance (or sweepstakes, if appli15 cable). You have not automatically won.’, or a notice

16 to the same effect in words which the Postal Service

17 may prescribe; and

18 ‘‘(B) bears on the top of the first page of en19 closed printed matter the following notice: ‘This is a

20 game of chance (or sweepstakes, if applicable). You

21 may not have automatically won. Your chances of

22 winning are (insert applicable mathematical prob23 ability). No purchase is required either to win a

24 prize or enhance your chances of winning a prize.’,
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1 or a notice to the same effect in words which the

2 Postal Service may prescribe.

3 ‘‘(2) Matter otherwise legally acceptable in the mails

4 that constitutes a solicitation or offer in connection with

5 the sales promotion for a product or service that uses any

6 matter resembling a negotiable instrument shall not be

7 carried or delivered by mail, and may be disposed of as

8 the Postal Service directs, unless such matter bears on the

9 face of the negotiable instrument in conspicuous and leg10 ible type in contrast by typography, layout, or color with

11 other printing on its face, in accordance with regulations

12 which the Postal Service shall prescribe the following no13 tice: ‘This is not a check (or negotiable instrument). This

14 has no cash value.’, or a notice to the same effect in words

15 which the Postal Service may prescribe.

16 ‘‘(3) The notices described under paragraphs (1) and

17 (2) shall be printed in a font which is the larger of—

18 ‘‘(A) 80 percent or more of the size of the larg19 est font otherwise used in the matter; or

20 ‘‘(B) a 16-point font.

21 ‘‘(4) Nothing in this subsection shall preempt any

22 State law that regulates advertising or sales of goods and

23 services associated with any game of chance.’’.

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