Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 20 - MISLEADING PRICE REPRESENTATIONS › Section 137-020-0410 - Definitions and Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(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).