Texas Business and Commerce Code 621.053 – Prohibited Acts Relating to Gifts
Terms Used In Texas Business and Commerce Code 621.053
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
A person may not:
(1) use the term “gift” or a similar term in a false, misleading, or deceptive manner;
(2) directly represent or imply that a gift promotion is a contest;
(3) in a gift promotion, use the term:
(A) “finalist,” “major award winner,” “grand prize recipient,” “winner,” “won,” “will win,” or “will be awarded” or use words or phrases of similar meaning that imply that a person is being solicited to enter or participate in a contest; or
(B) “sweepstakes” or “contest” or use words or phrases of similar meaning that imply that a person is being solicited to enter or has won a contest;
(4) represent that a gift has a sponsor, approval, characteristic, ingredient, use, benefit, quantity, status, affiliation, connection, or identity that the gift does not have;
(5) represent that a gift is of a particular standard, quality, grade, style, or model if the gift is of another; or
(6) use a word or phrase that:
(A) simulates or causes confusion with a document issued by an officer of a court or with the seal or name of a real or fictitious governmental entity; or
(B) implies that the offeror is sending a court document or legal document or that the offeror is a governmental entity.