South Carolina Code 37-15-30. Restrictions on representation that a person has won a prize or contest
Current as of: 2023 | Check for updates
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(A) No person, in connection with the sale, lease, or solicitation for the sale or lease of goods, property, or service, may represent that another person has won anything of value or is the winner of a contest, unless these conditions are met:
(1) The recipient of the prize, gift, or item of value must be given the prize, gift, or item of value without monetary obligation.
Terms Used In South Carolina Code 37-15-30
- 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 an item or service with monetary value. See South Carolina Code 37-15-20
- 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 an individual, corporation, trust, partnership, association, and any other legal entity. See South Carolina Code 37-15-20
(2) The prize, gift, or item of value must be delivered to the recipient at no expense to the recipient within ten days of the representation.
(B) The use of language that may lead a reasonable person to believe that the person has won a contest or anything of value including, but not limited to, "Congratulations", or "You have won", or "You are the winner of", is considered a representation of the type governed by this section.
(C) This section does not apply to a promotion or contest meeting the requirements or one of the stated exceptions to applicability set forth in § 37-15-40.