The Florida Senate

721.111  Prize and gift promotional offers.--

(1)  As used herein, the term "prize and gift promotional offer" means any advertising material wherein a prospective purchaser may receive goods or services other than the timeshare plan itself, either free or at a discount, including, but not limited to, the use of any prize, gift, award, premium, or lodging or vacation certificate.

(2)  A game promotion, such as a contest of chance, gift enterprise, or sweepstakes, in which the elements of chance and prize are present may not be used in connection with the offering or sale of timeshare periods, except for drawings, as that term is defined in s. 849.0935(1)(a), in which no more than 10 prizes are promoted and in which all promoted prizes are actually awarded. All such drawings must meet all requirements of this chapter and of ss. 849.092 and 849.094(1), (2), and (7).

(3)  Any prize, gift, or other item offered pursuant to a prize and gift promotional offer must be delivered to the prospective purchaser on the day she or he appears to claim it, whether or not she or he purchases a timeshare period.

(4)  A separate filing for each prize and gift promotional offer to be used in the sale of timeshare periods shall be made with the division pursuant to s. 721.11(1). One item of each prize or gift, except cash, must be made available for inspection by the division.

(5)  Each filing of a prize and gift promotional offer with the division shall include, when applicable:

(a)  A copy of all advertising material to be used in connection with the prize and gift promotional offer.

(b)  The name, address, and telephone number (including area code) of the supplier or manufacturer from whom each type or variety of prize, gift, or other item is obtained.

(c)  The manufacturer's model number or other description of such item.

(d)  The information on which the developer relies in determining the verifiable retail value.

(e)  The name, address, and telephone number (including area code) of the promotional entity responsible for overseeing and operating the prize and gift promotional offer.

(f)  The name and address of the registered agent in this state of the promotional entity for service of process purposes.

(g)  The number of anticipated recipients of each item of advertising material related to the prize and gift promotional offer.

(h)  Full disclosure of all pertinent information concerning the use of lodging or vacation certificates, including the terms and conditions of the campaign and the fact and extent of participation in such campaign by the developer. The division may require reasonable assurances that the obligation incurred by a seller or the seller's agent in a lodging certificate program can be met.

(6)  Each developer shall pay to the division a fee of $100 for the filing of each prize and gift promotional offer, at the time of filing. Those developers utilizing game promotions in which the elements of chance and prize are present shall pay an additional $400 fee at the time of filing of the prize and gift promotional offer. No additional fee may be charged for the submission of corrected advertising material related to a prize and gift promotional offer or for the submission of additional material related to a prize and gift promotional offer for which a prior filing has been made.

(7)  All advertising material to be distributed in connection with a prize and gift promotional offer shall contain, in addition to the information required pursuant to the provisions of s. 721.11, the following disclosures:

(a)  A description of the prize, gift, or other item that the prospective purchaser will actually receive, including the manufacturer's suggested retail price or, if none is available, the verifiable retail value.

(b)  All rules, terms, requirements, and preconditions which must be fulfilled or met before a prospective purchaser may claim any prize, gift, or other item involved in the prize and gift promotional plan, including whether the prospective purchaser is required to attend a sales presentation in order to receive the prize, gift, or other item.

(c)  The date upon which the offer expires.

(d)  If the number of prizes, gifts, or other items to be awarded is limited, a statement of the number of items that will be awarded.

(e)  The method by which prizes, gifts, or other items are to be awarded.

(8)  All developers shall file with the division by March 1st of each year the following information regarding each prize and gift promotional offer used during the prior calendar year:

(a)  The total number of each prize, gift, or other item actually awarded or given away.

(b)  The name and address of each person who actually received a prize, gift, or other item which had a verifiable retail value or manufacturer's suggested retail price in excess of $200. This regulation does not apply to recipients of lodging or vacation certificates.

(9)  All prizes, gifts, or other items represented by the developer to be awarded in connection with any prize and gift promotional offer shall be awarded by the date referenced in the advertising material used in connection with such offer.

History.--s. 11, ch. 83-264; s. 3, ch. 87-343; s. 8, ch. 91-236; s. 897, ch. 97-102.