CHAPTER 3. NOTICE
IC 24-8-3
Chapter 3. Notice
IC 24-8-3-1
Delivery
Sec. 1. Notice may be delivered by any of the following methods:
(1) Hand.
(2) Mail.
(3) Newspaper.
(4) Other periodical.
(5) Electronic mail or any other form of electronic, digital, orInternet based communication.
As added by P.L.233-1989, SEC.1. Amended by P.L.222-2005,SEC.35.
IC 24-8-3-2
Names and addresses
Sec. 2. The notice must contain the name and address of thepromoter and the sponsor of the promotion.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-3
Statement of verifiable retail value of prizes
Sec. 3. The notice must state the verifiable retail value of eachprize a participant has been awarded or may have been awarded.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-4
Statement of odds
Sec. 4. (a) If an element of chance is involved, each notice muststate the odds the participant has of receiving each prize.
(b) The statement of the odds must include, for each prize, thetotal number of prizes to be given away and the total number ofnotices distributed.
(c) The total number of notices must include all notices in whicha prize may be given including notices for other sponsors.
(d) If the odds of winning a prize are not accurately stated on thebasis of the number of notices, the odds shall be stated in a mannerthat will not deceive or mislead a participant regarding theparticipant's chance of receiving a prize.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-5
Location and size of statement of verifiable retail value and odds
Sec. 5. (a) The verifiable retail value and odds for each prize mustbe stated in immediate proximity with each listing of the prize ineach place it appears on the notice.
(b) The verifiable retail value and odds for each prize must belisted in the same size type and boldness as the prize.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-6
Attendance at sales presentation
Sec. 6. If a person is required or invited to view, hear, or attend asales presentation in order to claim a prize that has been awarded ormay have been awarded, the requirement or invitation must beconspicuously disclosed to the person in the notice in at least 10point boldface type on the first page of the notice.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-7
Additional purchases
Sec. 7. (a) If a prize is offered or given that will require a personto purchase additional goods or services, including shipping fees,handling fees, or any other charge, the requirement and additionalcost to the person must be clearly disclosed on the first page of thenotice.
(b) Disclosure must be made by using the following appropriatelycompleted statement:
"You must pay $ _______ in order to receive this item.".
(c) The disclosure statement must be in at least 10 point boldfacetype.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-8
Eligibility limitations
Sec. 8. A limitation on the eligibility of persons must be clearlydisclosed in the notice in at least 10 point boldface type.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-9
Presentation of winning ticket necessary
Sec. 9. If prizes will not be awarded or given if a winning ticket,token, number, lot, or other device used to determine winners in aparticular promotion is not presented to a promoter or a sponsor, thisfact must be clearly stated in the notice.
As added by P.L.233-1989, SEC.1.
IC 24-8-3-10
Applicability of chapter to certain book, record, video, andmagazine promotions
Sec. 10. Sections 3, 5 and 7 of this chapter shall not apply in apromotion only for books, records, videos, or magazines when theperson has the right to review the merchandise without obligation forat least seven (7) days and the right to obtain a full refund for thereturn of undamaged merchandise.
As added by P.L.233-1989, SEC.1.