Prize, Gift or Other

Inducement, Devices, Disclosures PURPOSE: This rule further elaborates upon the minimum requirements set forth in subsection 1 of section 407.610, RSMo for inclusion in each promotional program. (1) Each promotional program shall disclose any and all conditions and requirements in connection with the offer of a vacation certificate or vacation prize including, but not limited to, the following: (A) The odds of being awarded the vacation prize; (B) The number of persons for whom air fare or other method of transportation will be provided free of charge as part of the vacation prize package; (C) All details concerning departure location for the vacation; (D) All details concerning lodging accommodations including, but not limited to, how many persons will receive free lodging and the length of time for which free lodging will be provided; (E) Whether or not meals will be included in the vacation prize package; (F) Any requirements that the recipient of the vacation prize or certificate purchase airline tickets, railway tickets, bus tickets or tickets for any other mode of commercial transportation from any particular provider and the cost of the ticket(s); (G) All details concerning the time period in which the vacation prize is available; (H) Whether or not a deposit shall be made by the recipient of the vacation prize in order to redeem the vacation certificate or to collect the vacation prize and such conditions of the deposit; and (I) All conditions and terms under which a deposit may and may not be refunded to the recipient of the vacation prize. For example, if the marketing, travel or tour company must make deposits with hotels or airlines in connection with providing this vacation prize and cancellation is made at the fault of the recipient subsequent to the expiration of the cancellation period, the providing company who loses their deposit may retain the recipient’s refundable deposit. (2) Each promotional program shall disclose all conditions and restrictions in connection with the offer of any type of tickets or free or discounted admissions as a gift or prize in exchange for touring the time-share property and facilities in conjunction with a sales presentation. Alternatively, the promotional program may include a general disclosure statement regarding the ticket, gift or prize, an example of which follows: “All tickets are subject to any restrictions or conditions as determined by participating merchants, that is, time, availability, etc.” (3) Each promotional program shall contain an accurate and complete description of each prize, award or gift offered to the consumer. The promotional program shall not misrepresent to the consumer the type, quality, true nature, size, usage, kind or any other condition of the prize by way of description, name, manufacturer’s suggested retail, narrative copy or graphic depiction so as to mislead or deceive the consumer. AUTHORITY: section 407.145, RSMo 1986.* Original rule filed Nov. 14, 1986, effective May 11, 1987. *Original authority: 407.145, RSMo 1986.