Washington Code 19.105.365 – Advertising promises of free gifts, awards, or prizes — Provision of gift or substitute — Security arrangements after violation — Advance fees placed in trust — Membership referral programs considered promo
Current as of: 2023 | Check for updates
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(1) It is unlawful for a camping resort operator or other person, in connection with an advertisement or offer for sale of a camping resort contract in this state, to promise or offer a free gift, award, prize, or other item of value if the operator or person knows or has reason to know that the offered item is unavailable in a sufficient quantity based upon the reasonably anticipated response to the advertisement or offer.
Terms Used In Washington Code 19.105.365
- Advertisement: means any offer, written, printed, audio, or visual, by general solicitation, including all material used by an operator in a membership referral program. See Washington Code 19.105.300
- Camping resort: means any enterprise, other than one that is tax exempt under section 501(c)(3) of the Internal Revenue Code of 1986, as amended, that has as its primary purpose the ownership, operation, or promotion of campgrounds that includes or will include camping sites. See Washington Code 19.105.300
- Camping resort contract: means an agreement evidencing a purchaser's title to, estate or interest in, or right or license to use for more than thirty days the campground of a camping resort. See Washington Code 19.105.300
- Contract: A legal written agreement that becomes binding when signed.
- Director: means the director of licensing. See Washington Code 19.105.300
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Offer: means any solicitation reasonably designed to result in the entering into of a camping resort contract. See Washington Code 19.105.300
- Person: means any individual, corporation, partnership, trust, association, or other organization other than a government or a subdivision thereof. See Washington Code 19.105.300
(2) A person who responds to an advertisement or offer in the manner specified, who performs all stated requirements, and who meets the qualifications disclosed shall receive the offered item subject to chapter 19.170 RCW.
(3) The director may, upon making a determination that a violation of subsection (1) or (2) of this section has occurred, require any person, including an operator or other registrant found in violation, who continues, or proposes to continue, offering a free gift, award, prize, or other item of value in this state for purposes of advertising a camping resort or inducing persons to purchase a camping resort contract, to provide evidence of the ability to deliver on promised gifts, prizes, or awards by means such as bonds, irrevocable letters of credit, cash deposits, or other security arrangements acceptable to the director.
(4) The director may require that any fees or funds of any description collected in advance from persons for purposes of obtaining promised gifts, awards, prizes, or other items of value, be placed in trust in a depository in this state until after delivery of the promised gift, prize, award, or other item of value.
(5) Operators or other registrants or persons promising gifts, prizes, awards, or other items of consideration as part of a membership referral program shall be considered to be offering or selling promotional programs.
(6) Chapter 19.170 RCW applies to free gifts, awards, or prizes regulated under this chapter.