137-020-0410 Definitions and Exemptions (1) Purpose: The purpose of OAR 137-020-0410 to 137-020-0440 is to declare as unfair or deceptive in trade or commerce certain practices in promotions. (2) Authority: OAR 137-020-0410 to 137-020-0440 are adopted pursuant to ORS Chapter 183 on authority granted to the Attorney General by 646.608(4) and 646.608(1)(u). (3) Definitions: For purposes of OAR 137-020-0410 to 137-020-0440: (a) The definitions set forth in ORS 646.605 are applicable. (b) “Advertisement” or “solicitation” means any oral, written or graphic notice given in a manner designed to attract public attention and includes without limitation, public broadcasts, and notices published in the electronic press as well as telephone and mail solicitations used to encourage any type of action by the person solicited relating to a promotion. (c) “Clear and conspicuous” means the message is conveyed in a manner that is reasonably apparent to the audience to whom it is directed. In order for a message to be considered clear and conspicuous, it shall, at a minimum: (A) Not contradict or substantially alter any terms it purports to clarify, explain or otherwise relate to; and (B) In the case of printed advertising or solicitations: (i) Be in close proximity to the terms it purports to clarify, explain or otherwise relate to; and (ii) Be of sufficient prominence in terms of placement, font or color contrast as compared with the remainder of the advertisement or solicitation so as to be reasonably apparent to the audience to whom it is directed. (d) “Contest” means a procedure where a prize is awarded or offered in which the outcome depends on the skill of the contestant and includes puzzles, games, and competitions. “Contest” includes any such procedure in which a person is required to purchase anything, pay anything of value or make a donation. “Contest” includes also any such procedure which is advertised in a way creating the reasonable impression that a payment of anything of value, purchase of anything, or making a donation is a condition of awarding a prize or receiving, using, competing for, or obtaining information about a prize. (e) “Prize” means a gift, award, cash award, or other thing of value offered or awarded to a person in a promotion. (f) “Promotion” means any contest, sweepstakes or scheme. “Promotion” does not include any contest, sweepstakes or scheme in which the sole act required for entry, participation, or receipt of a prize is that the participant mail or deposit a form or game piece with the sponsor, place a call to a local or toll free number, or, mail a request or place a call to a local or toll-free number to obtain a game piece or form which the entrant can then return by mail or deposit at a local retail establishment, provided: (A) That the fact that no purchase or payment of anything of value to the sponsor is required is clearly and conspicuously disclosed in each advertisement or solicitation; and (B) No advertisements or solicitations for the contest, sweepstakes, or scheme create the reasonable impression that a payment of anything of value, purchase of anything, or making a donation is a condition of awarding a prize or receiving, using, competing for, or obtaining information about a prize. (g) “Personal Financial Data” means personal financial data about the person, including but not limited to income, credit card ownership, bank account information, or similar financial information. (h) “Scheme” means any advertisement or solicitation which requires a person to pay anything of value, make a donation, or creates the reasonable impression that a payment of anything of value, purchase of anything, or making a donation is a condition of awarding a prize or receiving, using, competing for, or obtaining information about a prize. (i) “Sponsor” means any person who, in connection with any promotion, awards or offers another person a prize or who allows the person to receive, use, compete for, or obtain information about a prize. (j) “Sweepstakes” means a procedure based on chance of awarding a prize. “Sweepstakes” includes any such procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of awarding a prize or receiving, using, competing for, or obtaining information about a prize. “Sweepstakes” includes also any such procedure which is advertised in a way creating the reasonable impression that a payment of anything of value, purchase of anything, or making a donation, is a condition of awarding a prize or receiving, using, competing for, or obtaining information about a prize. (k) “Verifiable Retail Value” has the meaning given in OAR 137-020-0015(1)(c). (4) OAR 137-020-0410 to 137-020-0440 apply only to promotions. These rules do not apply to: (a) Any activity by the State of Oregon or by a private person acting as a duly authorized contractee of the State Lottery Commission; (b) A qualified nonprofit organization conducting a raffle pursuant to ORS Chapter 464; or (c) Activity described in ORS 646.612(2). (5) The information required to be disclosed pursuant to OAR 137-020-0420, 137-020-0430 and 137-020-0440 shall be deemed to be clearly and conspicuously disclosed if it is printed in compliance with this subsection in a distinct portion of the solicitation entitled “Consumer Disclosure,” “Official Rules,” or words of similar meaning. To comply with this subsection, the main text of the advertisement or solicitation shall contain clear and conspicuous reference to this portion, and the reference to the portion shall appear in close proximity to each description of the principal prize. (6) Broadcast advertisements shall be exempt from the requirements of OAR 137-020-0420 and 137-020-0430(2)(a), (b), and (c) if: (a) The information otherwise required by OAR 137-020-0420 to 137-020-0440 is available in writing; and (b) The broadcast advertisement clearly and conspicuously refers the consumer to the location where the information is available. Statutory/Other Authority: ORS 180.520(1)(c) & 646.608(1)(u) Statutes/Other Implemented: ORS 180.520(1)(c) & 646.608(1)(u) History: JD 2-1996, f. 6-21-96, cert. ef. 7-8-96