RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE MAILINGS.

SEC. 103. RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE MAILINGS. Section 3001 of title 39, United States Code, is amended by inserting after subsection (j) (as added by section 102(4)) the following: “(k) (1) In this subsection— “(A) the term ‘clearly and conspicuously displayed’ means presented in a manner that is readily noticeable, readable, and understandable to the group to whom the applicable matter is disseminated; “(B) the term ‘facsimile check’ means any matter that— “(i) is designed to resemble a check or other negotiable instrument; but “(ii) is not negotiable; “(C) the term ‘skill contest’ means a puzzle, game, competition, or other contest in which— “(i) a prize is awarded or offered; “(ii) the outcome depends predominately on the skill of the contestant; and “(iii) a purchase, payment, or donation is required or implied to be required to enter the contest; and “(D) the term ‘sweepstakes’ means a game of chance for which no consideration is required to enter. “(2) Except as provided in paragraph (4), any matter otherwise legally acceptable in the mails which is described in paragraph(3) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. “(3) Matter described in this paragraph is any matter that— “(A) (i) includes entry materials for a sweepstakes or a promotion that purports to be a sweepstakes; and “(ii) (I) does not contain a statement that discloses in the mailing, in the rules, and on the order or entry form, that no purchase is necessary to enter such sweepstakes; “(II) does not contain a statement that discloses in the mailing, in the rules, and on the order or entry form, that a purchase will not improve an individual’s chances of winning with such entry; “(III) does not state all terms and conditions of the sweepstakes promotion, including the rules and entry procedures for the sweepstakes; “(IV) does not disclose the sponsor or mailer of such matter and the principal place of business or an address at which the sponsor or mailer may be contacted; 113 STAT. 1809 “(V) does not contain sweepstakes rules that state— the estimated odds of winning each prize; the quantity, estimated retail value, and nature of each prize; and the schedule of any payments made over time; “(VI) represents that individuals not purchasing products or services may be disqualified from receiving future sweepstakes mailings; “(VII) requires that a sweepstakes entry be accompanied by an order or payment for a product or service previously ordered; “(VIII) represents that an individual is a winner of a prize unless that individual has won such prize; or “(IX) contains a representation that contradicts, or is inconsistent with sweepstakes rules or any other disclosure required to be made under this subsection, including any statement qualifying, limiting, or explaining the rules or disclosures in a manner inconsistent with such rules or disclosures; “(B) (i) includes entry materials for a skill contest or a promotion that purports to be a skill contest; and “(ii) (I) does not state all terms and conditions of the skill contest, including the rules and entry procedures for the skill contest; “(II) does not disclose the sponsor or mailer of the skill contest and the principal place of business or an address at which the sponsor or mailer may be contacted; or “(III) does not contain skill contest rules that state, as applicable— the number of rounds or levels of the contest and the cost to enter each round or level; that subsequent rounds or levels will be more difficult to solve; the maximum cost to enter all rounds or levels; the estimated number or percentage of entrants who may correctly solve the skill contest or the approximate number or percentage of entrants correctly solving the past 3 skill contests conducted by the sponsor; the identity or description of the qualifications of the judges if the contest is judged by other than the sponsor; the method used in judging; the date by which the winner or winners will be determined and the date or process by which prizes will be awarded; the quantity, estimated retail value, and nature of each prize; and the schedule of any payments made over time; or “(C) includes any facsimile check that does not contain a statement on the check itself that such check is not a negotiable instrument and has no cash value. “(4) Matter that appears in a magazine, newspaper, or other periodical shall be exempt from paragraph (2) if such matter— “(A) is not directed to a named individual; or “(B) does not include an opportunity to make a payment or order a product or service. 113 STAT. 1810 “(5) Any statement, notice, or disclaimer required under paragraph (3) shall be clearly and conspicuously displayed. Any statement, notice, or disclaimer required under subclause (I) or (II) of paragraph (3)(A)(ii) shall be displayed more conspicuously than would otherwise be required under the preceding sentence. “(6) In the enforcement of paragraph (3), the Postal Service shall consider all of the materials included in the mailing and the material and language on and visible through the envelope or outside cover or wrapper in which those materials are mailed. “(l) (1) Any person who uses the mails for any matter to which subsection (h), (i), (j), or (k) applies shall adopt reasonable practices and procedures to prevent the mailing of such matter to any person who, personally or through a conservator, guardian, or individual with power of attorney— “(A) submits to the mailer of such matter a written request that such matter should not be mailed to such person; or “(B) (i) submits such a written request to the attorney general of the appropriate State (or any State government officer who transmits the request to that attorney general); and “(ii) that attorney general transmits such request to the mailer. “(2) Any person who mails matter to which subsection (h), (i), (j), or (k) applies shall maintain or cause to be maintained a record of all requests made under paragraph (1). The records shall be maintained in a form to permit the suppression of an applicable name at the applicable address for a 5-year period beginning on the date the written request under paragraph (1) is submitted to the mailer.”.