Missouri Code of State Regulations › Title 15 - ELECTED OFFICIALS › Division 60 - Attorney General › Chapter 4 - Time-Sharing Rules › Section 15 CSR 60-4.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The attorney general enforces the provisions
				  of sections 407.600-407.630, RSMo. The attorney general may make rules as are
				  necessary to carry out the provisions of sections 407.600-407.630, RSMo and may
				  define terms, whether or not used in those sections, insofar as the definitions
				  are not inconsistent with those sections. This rule defines certain terms used
				  in the administration of sections 407.600-407.630, RSMo and in these rules made
				  thereunder.
(1) Unless
				inconsistent with the meanings provided in chapter 407, RSMo, as used in
				sections 407.600-407.630, RSMo and in these rules, the following terms shall
				mean:
(A) Giveaway or gift award, a
				promotional program, device or other method of promoting the sale of time-share
				plans in which all recipients of the promotional program, device or other
				method of promotion are guaranteed the receipt of the gift(s) offered in the
				promotional program, device or other method of promotion;
(B) Manufacturer's suggested retail price,
				the retail value attached to a product by the manufacturer thereof or the
				retail price charged or advertised for sale by a national or local retail
				outlet for an identical or substantially similar item. If a manufacturer's
				suggested retail price cannot be established because the item is not advertised
				or sold commercially then a verifiable estimate of the item's value must be
				provided;
(C) Promotional device,
				includes, but is not limited to, promotional brochures; pamphlets;
				advertisements or advertising material; transcripts of radio or television
				advertisements; sweepstakes; giveaways or gift awards; premiums; discounts;
				drawings; display booths; postcards; envelopes; and all other such advertising
				materials and statements disseminated in connection with the solicitation of
				sales of time-share periods;
(D)
				Seller, includes the owner or developer of a time-share plan or facility; and
				the owner's or developer's agents, employees and representatives including, but
				not limited to, independent marketing or sales contractors and their employees
				and representatives who make material representations to prospective
				purchasers;
(E) Sweepstakes, a
				method of promoting the sale of time-share plans which involves the offering,
				giving or awarding of prizes which have odds associated with the actual
				delivery of the prize or gift and in which, as implied by the odds, not every
				participant is guaranteed to win a prize;
(F) Ticket, a card or pass entitling the
				bearer to admission to a music, theatre, dinner, museum, variety or any other
				type of entertainment or educational show or presentation; and
(G) Vacation certificate, or vacation prize,
				a certificate or agreement which entitles a person to receive free or
				discounted lodging or a trip or vacation outside the state of Missouri and
				which may include one (1) or more of the following:
1. The right to use accommodations or
				facilities at any hotel, motel, campground, time-share or other similar
				establishments; and
2.
				Transportation, meals or other material benefits.