Definitions

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. AUTHORITY: section 407.145, RSMo 1986.* Original rule filed Nov. 14, 1986, effective May 11, 1987. *Original authority: 407.145, RSMo 1986.