Page:United States Statutes at Large Volume 113 Part 3.djvu/290

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113 STAT. 1808 PUBLIC LAW 106-168—DEC. 12, 1999 "(j)(l) Any matter otherwise legally acceptable in the mails which is described in paragraph (2) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. "(2) Matter described in this paragraph is any matter that— "(A) constitutes a solicitation for the purchase of or pay- ment for any product or service that— "(i) is provided by the Federal Government; and "(ii) may be obtained without cost from the Federal Government; and "(B) does not contain a clear and conspicuous statement giving notice of the information set forth in clauses (i) and (ii) of subparagraph (A).". SEC. 103. RESTRICTIONS ON SWEEPSTAKES AND DECEPTIVE MAILINGS. Section 3001 of title 39, United States Code, is amended by inserting after subsection (j) (as added by section 102(4)) the following: "(k)(l) In this subsection— "(A) the term 'clearly and conspicuously displayed' means presented in a manner that is readily noticeable, readable, and understandable to the group to whom the applicable matter is disseminated; "(B) the term 'facsimile check' means any matter that— "(i) is designed to resemble a check or other negotiable instrument; but "(ii) is not negotiable; "(C) the term 'skill contest' means a puzzle, game, competition, or other contest in which— "(i) a prize is awarded or offered; "(ii) the outcome depends predominately on the skill of the contestant; and "(iii) a purchase, payment, or donation is required or implied to be required to enter the contest; and "(D) the term 'sweepstakes' means a game of chance for which no consideration is required to enter. "(2) Except as provided in paragraph (4), any matter otherwise legally acceptable in the mails which is described in paragraph (3) is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs. "(3) Matter described in this paragraph is any matter that— "(A)(i) includes entry materials for a sweepstakes or a promotion that purports to be a sweepstakes; and "(ii)(I) does not contain a statement that discloses in the mailing, in the rules, and on the order or entry form, that no purchase is necessary to enter such sweepstakes; "(II) does not contain a statement that discloses in the mailing, in the rules, and on the order or entry form, that a purchase will not improve an individual's chances of winning with such entry; "(III) does not state all terms and conditions of the sweepstakes promotion, including the rules and entry procedures for the sweepstakes; "(IV) does not disclose the sponsor or mailer of such matter and the principal place of business or an address at which the sponsor or mailer may be contacted;