New Mexico Administrative Code › Title 12 - TRADE, COMMERCE AND BANKING › Chapter 2 - CONSUMER PROTECTION › Part 2 - GAME PROMOTION REQUIREMENTS › Section 12.2.2.10 - PROMOTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
It is an unfair or deceptive trade practice for any person to
				  sponsor, use or promote in any manner any game promotion, whether involving
				  skill or chance, which requires consideration in order to participate, unless
				  the following disclosures are clearly and conspicuously made in each and every
				  representation made in connection with the game promotion, including all
				  advertising and promotional literature:
A. the number of prizes to be awarded in each
				category or denomination, and a complete description of all prizes, including
				the exact monetary amount of cash prizes. If a prize is to be shared in the
				event of multiple winners, that fact should be disclosed, as well as the method
				by which the allocation will be made, and the approximate amount of the reduced
				share;
B. the odds of winning each
				stated prize. This information should be based on statistics on actual numbers
				of participants in prior similar game promotions, if available; or upon a
				reasonable estimate of anticipated participation in the promotion. If the
				promotion has multiple stages, the odds of reaching each stage should be
				disclosed;
C. the total amount of
				consideration necessary in order to be eligible for the first prize in each
				category or denomination. If the promotion has multiple stages, each involving
				separate consideration, the amounts involved should be totaled to reflect the
				full consideration which would be required by a participant were he successful
				at each stage;
D. the manner in
				which winners in each category or denomination shall be selected;
E. the complete name and address of the
				sponsor, user or promoter. Where there is a national sponsor, user or promoter
				as well as local retail outlets through which the game promotion is operated,
				only the name and address of the national sponsor, user or promoter need be
				stated in national advertisements or representations, although the local retail
				outlets should be described or identified if possible. Both the national and
				local sponsors must be identified in local advertising;
F. the geographic area covered;
G. the opening date and scheduled termination
				date;
H. the scheduled announcement
				date of the winners and the date and manner of award of prizes;
I. with respect to radio, television and
				outdoor billboard advertising, only the information required by Subparagraphs
				10.1.5, 10.1.6 and 10.1.7 [now Subsections E, F and G of 12.2.2.10 NMAC] need
				be disclosed in the body of the advertisement, as long as the advertisement
				also contains a specific reference to a publication or other source where
				further detailed information concerning the game promotion can be
				obtained;
J. for purposes of
				Paragraph ten [now 12.2.2.10 NMAC]
only
, game promotions shall not
				include athletic competition or other sports events, pari-mutuel betting,
				booths at fairs or competition whose entrants are judged on the results of
				their skilled efforts at raising animals, training dogs, growing flowers,
				baking cakes, creating arts and crafts or other endeavors.