§ 59.1-332. Conditions on offering items as an inducement to execute.
A. It is unlawful for any person by any means, as part of an advertisingprogram, to offer any item of value as an inducement to the recipient tovisit a membership camping operator's campground, attend a sales presentationor contact a salesperson, unless the person clearly discloses in writing inthe offer in readily understandable language each of the following:
1. The name and campground address of the membership camping operator.
2. A general statement that the advertising program is being conducted by amembership camping operator and the purpose of any requested visit.
3. A statement of odds, in arabic numerals, of receiving each item offered.
4. The approximate retail value of each item offered.
5. The number of campgrounds that are participating in such advertisingprogram.
6. The restrictions, qualifications and other conditions that must besatisfied before the recipient is entitled to receive the item, including:
a. Any deadline, if any, by which the recipient must visit the campground,attend the sales presentation or contact a salesperson in order to receivethe item.
b. The approximate duration of any visit and sales presentation.
c. The date upon which the offer shall terminate and the final date uponwhich the gifts or prizes are to be awarded.
d. Any other conditions, such as minimum age qualification, a financialqualification or a requirement that if the recipient is married both husbandand wife must be present in order to receive the item.
7. A statement that the membership camping operator reserves the right toprovide a rain check or a substitute or like item, if these rights arereserved.
8. All other material rules, terms and conditions of the offer or program.
B. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to offer any item if the person knows orhas reason to know that the offered item will not be available in asufficient quantity based on the reasonably anticipated response to the offer.
C. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to fail to provide any offered itemwhich any recipient who has responded to the offer in the manner specified inthe offer, has performed the requirements disclosed in the offer and has metthe qualifications described in the offer is entitled to receive, unless theoffered item is not reasonably available and the offer discloses thereservation of a right to provide a rain check or a like or substitute itemif the offered item is unavailable.
D. If the person making an offer subject to subsection A is unable to providean offered item because of limitations of supply, quantity or quality notreasonably foreseeable or controllable by the person making the offer, theperson making the offer shall inform the recipient of the recipient's rightto receive a rain check for the item offered, unless the person making theoffer knows or has a reasonable basis for knowing that the item will not bereasonably available at approximately the same price to the person making theoffer, and shall inform the recipient of the recipient's right to at leastone of the following additional options:
1. The person making the offer will provide a like item of equivalent orgreater retail value or a rain check for the item. This option must beoffered if the offered item is not reasonably available.
2. The person making the offer will provide a substitute item of equivalentor greater retail value.
3. The person making the offer will provide a rain check for a like orsubstitute item.
E. If a rain check is provided, the person making an offer subject tosubsection A shall, within a reasonable time, and in any event not more thanninety days after the rain check is provided, deliver the agreed item to therecipient's address without additional cost or obligation to the recipient,unless the item for which the rain check is provided remains unavailablebecause of limitations of supply, quantity or quality not reasonablyforeseeable or controllable by the person making the offer. If the item isunavailable for these reasons, the person shall, not more than thirty daysafter the expiration of the aforesaid ninety-day period, deliver a like itemof equal or greater retail value or, if the item is not reasonably availableto the person at approximately the same price, a substitute item of equal orgreater retail value.
F. On the written request of a recipient who has received or claims a rightto receive any offered item, the person making an offer subject to subsectionA shall furnish to the recipient sufficient evidence showing that the itemprovided matches the item randomly or otherwise selected for distribution tothat recipient.
G. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to:
1. Misrepresent the size, quantity, identity or quality of any prize, gift,money or other item of value offered.
2. Misrepresent in any manner the odds of receiving any particular gift,prize, amount of money or other item of value.
3. Label any offer a "notice of termination" or "notice of cancellation."
4. Materially misrepresent, in any manner, the offer, or program.
H. If any provision of this section is in conflict with the provisions of thePrizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes andGifts Act shall control.
§ 59.1-332. Conditions on offering items as an inducement to execute.
A. It is unlawful for any person by any means, as part of an advertisingprogram, to offer any item of value as an inducement to the recipient tovisit a membership camping operator's campground, attend a sales presentationor contact a salesperson, unless the person clearly discloses in writing inthe offer in readily understandable language each of the following:
1. The name and campground address of the membership camping operator.
2. A general statement that the advertising program is being conducted by amembership camping operator and the purpose of any requested visit.
3. A statement of odds, in arabic numerals, of receiving each item offered.
4. The approximate retail value of each item offered.
5. The number of campgrounds that are participating in such advertisingprogram.
6. The restrictions, qualifications and other conditions that must besatisfied before the recipient is entitled to receive the item, including:
a. Any deadline, if any, by which the recipient must visit the campground,attend the sales presentation or contact a salesperson in order to receivethe item.
b. The approximate duration of any visit and sales presentation.
c. The date upon which the offer shall terminate and the final date uponwhich the gifts or prizes are to be awarded.
d. Any other conditions, such as minimum age qualification, a financialqualification or a requirement that if the recipient is married both husbandand wife must be present in order to receive the item.
7. A statement that the membership camping operator reserves the right toprovide a rain check or a substitute or like item, if these rights arereserved.
8. All other material rules, terms and conditions of the offer or program.
B. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to offer any item if the person knows orhas reason to know that the offered item will not be available in asufficient quantity based on the reasonably anticipated response to the offer.
C. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to fail to provide any offered itemwhich any recipient who has responded to the offer in the manner specified inthe offer, has performed the requirements disclosed in the offer and has metthe qualifications described in the offer is entitled to receive, unless theoffered item is not reasonably available and the offer discloses thereservation of a right to provide a rain check or a like or substitute itemif the offered item is unavailable.
D. If the person making an offer subject to subsection A is unable to providean offered item because of limitations of supply, quantity or quality notreasonably foreseeable or controllable by the person making the offer, theperson making the offer shall inform the recipient of the recipient's rightto receive a rain check for the item offered, unless the person making theoffer knows or has a reasonable basis for knowing that the item will not bereasonably available at approximately the same price to the person making theoffer, and shall inform the recipient of the recipient's right to at leastone of the following additional options:
1. The person making the offer will provide a like item of equivalent orgreater retail value or a rain check for the item. This option must beoffered if the offered item is not reasonably available.
2. The person making the offer will provide a substitute item of equivalentor greater retail value.
3. The person making the offer will provide a rain check for a like orsubstitute item.
E. If a rain check is provided, the person making an offer subject tosubsection A shall, within a reasonable time, and in any event not more thanninety days after the rain check is provided, deliver the agreed item to therecipient's address without additional cost or obligation to the recipient,unless the item for which the rain check is provided remains unavailablebecause of limitations of supply, quantity or quality not reasonablyforeseeable or controllable by the person making the offer. If the item isunavailable for these reasons, the person shall, not more than thirty daysafter the expiration of the aforesaid ninety-day period, deliver a like itemof equal or greater retail value or, if the item is not reasonably availableto the person at approximately the same price, a substitute item of equal orgreater retail value.
F. On the written request of a recipient who has received or claims a rightto receive any offered item, the person making an offer subject to subsectionA shall furnish to the recipient sufficient evidence showing that the itemprovided matches the item randomly or otherwise selected for distribution tothat recipient.
G. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to:
1. Misrepresent the size, quantity, identity or quality of any prize, gift,money or other item of value offered.
2. Misrepresent in any manner the odds of receiving any particular gift,prize, amount of money or other item of value.
3. Label any offer a "notice of termination" or "notice of cancellation."
4. Materially misrepresent, in any manner, the offer, or program.
H. If any provision of this section is in conflict with the provisions of thePrizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes andGifts Act shall control.
§ 59.1-332. Conditions on offering items as an inducement to execute.
A. It is unlawful for any person by any means, as part of an advertisingprogram, to offer any item of value as an inducement to the recipient tovisit a membership camping operator's campground, attend a sales presentationor contact a salesperson, unless the person clearly discloses in writing inthe offer in readily understandable language each of the following:
1. The name and campground address of the membership camping operator.
2. A general statement that the advertising program is being conducted by amembership camping operator and the purpose of any requested visit.
3. A statement of odds, in arabic numerals, of receiving each item offered.
4. The approximate retail value of each item offered.
5. The number of campgrounds that are participating in such advertisingprogram.
6. The restrictions, qualifications and other conditions that must besatisfied before the recipient is entitled to receive the item, including:
a. Any deadline, if any, by which the recipient must visit the campground,attend the sales presentation or contact a salesperson in order to receivethe item.
b. The approximate duration of any visit and sales presentation.
c. The date upon which the offer shall terminate and the final date uponwhich the gifts or prizes are to be awarded.
d. Any other conditions, such as minimum age qualification, a financialqualification or a requirement that if the recipient is married both husbandand wife must be present in order to receive the item.
7. A statement that the membership camping operator reserves the right toprovide a rain check or a substitute or like item, if these rights arereserved.
8. All other material rules, terms and conditions of the offer or program.
B. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to offer any item if the person knows orhas reason to know that the offered item will not be available in asufficient quantity based on the reasonably anticipated response to the offer.
C. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to fail to provide any offered itemwhich any recipient who has responded to the offer in the manner specified inthe offer, has performed the requirements disclosed in the offer and has metthe qualifications described in the offer is entitled to receive, unless theoffered item is not reasonably available and the offer discloses thereservation of a right to provide a rain check or a like or substitute itemif the offered item is unavailable.
D. If the person making an offer subject to subsection A is unable to providean offered item because of limitations of supply, quantity or quality notreasonably foreseeable or controllable by the person making the offer, theperson making the offer shall inform the recipient of the recipient's rightto receive a rain check for the item offered, unless the person making theoffer knows or has a reasonable basis for knowing that the item will not bereasonably available at approximately the same price to the person making theoffer, and shall inform the recipient of the recipient's right to at leastone of the following additional options:
1. The person making the offer will provide a like item of equivalent orgreater retail value or a rain check for the item. This option must beoffered if the offered item is not reasonably available.
2. The person making the offer will provide a substitute item of equivalentor greater retail value.
3. The person making the offer will provide a rain check for a like orsubstitute item.
E. If a rain check is provided, the person making an offer subject tosubsection A shall, within a reasonable time, and in any event not more thanninety days after the rain check is provided, deliver the agreed item to therecipient's address without additional cost or obligation to the recipient,unless the item for which the rain check is provided remains unavailablebecause of limitations of supply, quantity or quality not reasonablyforeseeable or controllable by the person making the offer. If the item isunavailable for these reasons, the person shall, not more than thirty daysafter the expiration of the aforesaid ninety-day period, deliver a like itemof equal or greater retail value or, if the item is not reasonably availableto the person at approximately the same price, a substitute item of equal orgreater retail value.
F. On the written request of a recipient who has received or claims a rightto receive any offered item, the person making an offer subject to subsectionA shall furnish to the recipient sufficient evidence showing that the itemprovided matches the item randomly or otherwise selected for distribution tothat recipient.
G. It is unlawful for any person making an offer subject to subsection A, orany employee or agent of the person, to:
1. Misrepresent the size, quantity, identity or quality of any prize, gift,money or other item of value offered.
2. Misrepresent in any manner the odds of receiving any particular gift,prize, amount of money or other item of value.
3. Label any offer a "notice of termination" or "notice of cancellation."
4. Materially misrepresent, in any manner, the offer, or program.
H. If any provision of this section is in conflict with the provisions of thePrizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes andGifts Act shall control.
