HAR §16-106-38. Filing of advertising and promotional material

(a) No advertisements, promotional brochures, circulars, pamphlets, handouts, or other material shall be published or used by a developer, acquisition agent, sales agent, or OPC in connection with the sale of any interest or interests in a time share plan unless copies of these materials are filed with the director at least fifteen days prior to use. (b) No radio or television advertisements or any standard verbal sales presentation shall be used by a developer, acquisition agent, or sales agent in connection with the sale of any interest or interests in a time share plan unless copies of verbatim scripts relating to these advertisements or a sales presentation are filed with the director at least fifteen days prior to use. (c) Any audio-visual material used in connection with a sales presentation for a time share plan shall be produced for examination upon the request of the director. [Eff 11/15/80; am and comp 3/28/85; comp 8/30/85; comp 11/29/85; comp 6/5/87; comp 3/7/88; comp 9/15/90] (Auth: HRS §514E-13) (Imp: HRS §§514E-11, 514E-11.1) §16-106-39 Requirements for promotional literature and other printed or written material. (a) The following caption shall be included on all promotional literature and other printed or written material used in connection with the sale of any interest or interests in a time share plan; provided that the caption shall be printed in capital letters of twenty-four point bold type or type as large as the largest printing or writing elsewhere in the material: "THIS IS A TIME SHARING SALES PRESENTATION. ANY PURCHASER HAS, UNDER THE LAW, A SEVEN-DAY RIGHT OF RESCISSION OF ANY TIME SHARING SALES CONTRACT." Failure to include this caption on any printed or written material shall constitute an unfair or deceptive trade practice within the meaning of chapter 480, HRS, and shall be a violation of chapter 514E, HRS, and this chapter. (b) Any written invitation used in connection with any time share advertising or sales promotion plan which offers a prospective purchaser a prize or gift, conditioned upon the attendance of the prospective purchaser at a sales presentation, shall contain the following written disclosure; provided that the disclosure is furnished to the prospective purchaser at the time the prospective purchaser is notified of the prize or gift; and provided further that the disclosure shall be written or printed in a size equal to at least ten point bold type: (1) A full description of the exact prize or gift won by the prospective purchaser, including the cash value of the prize or gift; 106-40 (2) All terms and conditions attached to the prize or gift; (3) A statement that the prospective purchaser must attend a sales presentation; and (4) An identification of the time share plan to be offered for sale, including type of ownership, exchange privileges, limitations, and price ranges of the time share interests in the plan. Failure to provide the written disclosure required in this subsection shall constitute an unfair or deceptive trade practice within the meaning of chapter 480, HRS, and shall be a violation of chapter 514E, HRS, and this chapter. [Eff and comp 3/28/85; am and comp 8/30/85; comp 11/29/85; comp 6/5/87; comp 3/7/88; comp 9/15/90] (Auth: HRS §514E-13) (Imp: HRS §§514E-11, 514E-11.1) SUBCHAPTER 11 BOND