Texas Business and Commerce Code 621.151 – Availability and Awarding of Gift or Prize
Current as of: 2024 | Check for updates
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(a) Subject to Sections 621.152-621.154, an offeror shall:
(1) in a gift offer, provide each gift as represented to each person who attends a sales presentation; or
(2) in a matched contest, award each prize as represented on the entry form to each person who presents a winning entry.
(b) An offeror shall have available at the sales location a sufficient quantity of:
(1) each gift to meet the reasonable anticipated response to the offer; or
(2) each prize to meet the reasonable anticipated number of prize winners.
Terms Used In Texas Business and Commerce Code 621.151
- 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
(c) Except as provided by Sections 621.152-621.154, an offeror may not provide a coupon book, a discount book, or a certificate or voucher that entitles the holder to redeem the certificate or voucher for a gift or prize required to be available under this section.