(a)  No person shall, in connection with the sale or lease or solicitation for the sale or lease of goods, property, or services, represent that another person has won anything of value or is the winner of a contest, unless all of the following conditions are met:

(1)  The recipient of the prize, gift, or item of value shall be given the prize, gift, or item of value without obligation; and

(2)  The prize, gift, or item of value shall be delivered to the recipient at no expense to them, within ten (10) days of the representation.

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Terms Used In Rhode Island General Laws 42-61.1-2

  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • item: means any item or service with monetary value. See Rhode Island General Laws 42-61.1-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means any natural person, corporation, trust, partnership, association, and any other legal entity. See Rhode Island General Laws 42-61.1-1

(b)  The use of language that may lead a reasonable person to believe they have won a contest or anything of value, including, but not limited to: “congratulations,” or “you have won,” or “you are the winner of,” or “you are guaranteed to receive,” shall be considered a representation of the type governed by this section.

History of Section.
P.L. 1991, ch. 276, § 1.