Page:United States Statutes at Large Volume 113 Part 3.djvu/291

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PUBLIC LAW 106-168—DEC. 12, 1999 113 STAT. 1809 "(V) does not contain sweepstakes rules that state— "(aa) the estimated odds of winning each prize; "(bb) the quantity, estimated retail value, and nature of each prize; and "(cc) the schedule of any payments made over time; "(VI) represents that individuals not purchasing products or services may be disqualified from receiving future sweepstakes mailings; "(VII) requires that a sweepstakes entry be accompanied by an order or payment for a product or service previously ordered; "(VIII) represents that an individual is a winner of a prize unless that individual has won such prize; or "(IX) contains a representation that contradicts, or is inconsistent with sweepstakes rules or any other disclosure required to be made under this subsection, including any statement qualifying, limiting, or explaining the rules or disclosures in a manner inconsistent with such rules or disclosures; "(B)(i) includes entry materials for a skill contest or a promotion that purports to be a skill contest; and "(ii)(I) does not state all terms and conditions of the skill contest, including the rules and entry procedures for the skill contest; "(II) does not disclose the sponsor or mailer of the skill contest and the principal place of business or an address at which the sponsor or mailer may be contacted; or "(III) does not contain slall contest rules that state, as applicable— "(aa) the number of rounds or levels of the contest and the cost to enter each round or level; "(bb) that subsequent rounds or levels will be more difficult to solve; "(cc) the maximum cost to enter all rounds or levels; "(dd) the estimated number or percentage of entrants who may correctly solve the skill contest or the approximate number or percentage of entrants correctly solving the past 3 skill contests conducted by the sponsor; "(ee) the identity or description of the qualifications of the judges if the contest is judged by other than the sponsor; "(fO the method used in judging; "(gg) the date by which the winner or winners will be determined and the date or process by which prizes will be awarded; "(hh) the quantity, estimated retail value, and nature of each prize; and "(ii) the schedule of any payments made over time; or "(C) includes any facsimile check that does not contain a statement on the check itself that such check is not a negotiable instrument and has no cash value. "(4) Matter that appears in a magazine, newspaper, or other periodical shall be exempt from paragraph (2) if such matter— "(A) is not directed to a named individual; or "(B) does not include an opportunity to make a payment or order a product or service.