1. A person shall not, in connection with the sale or lease or solicitation for the sale or lease of any goods, property or service, represent that another person has won anything of value or is the winner of any contest unless:
(a) The advertiser indicates, clearly and conspicuously, the name and address of the advertiser at the commencement of an oral solicitation or advertisement. If the advertisement is written, the information must be in bold type at least 2 points larger than the type used in the major portion of the advertisement, and must be placed at the top of the first page of the advertisement.
(b) The method of selection of the recipient of the prize is one in which no more than 10 percent of the names considered are selected as recipients.
(c) The prize is given without obligation to the recipient.
(d) The prize is delivered to the recipient at no expense to him or her within 30 days after the representation.
(e) The language of the advertisement represents that it is a sales promotion.
(f) The language of the advertisement does not represent that the recipient has been contacted by telephone or any other means when no such contact has occurred.
(g) The advertisement indicates to the recipient the brand name of any advertising premium offered. If the advertising premium consists of a vacation or trip, the advertiser shall indicate, clearly and conspicuously, the name and location of the accommodations and whether transportation to and from the vacation site or point of departure is included. The advertiser shall not offer a vacation or trip for which a deposit or other fee is required of the recipient.
(h) The advertisement does not misrepresent the value of an advertising premium by any means, including, but not limited to, the grouping of advertising premiums of substantially different value.
(i) The advertisement indicates, clearly and conspicuously, to the recipient that an advertising premium is discounted, no longer manufactured, damaged or less than first quality.
(j) The advertisement indicates that the advertiser will disclose upon request and without charge which advertising premium will be received. The advertiser shall disclose such information upon request.
(k) The advertisement indicates, clearly and conspicuously, the probability that a person may receive each advertising premium mentioned in the advertisement. The probability must be indicated adjacent to the first mention of each advertising premium and expressed in whole numbers. If the advertisement is written, such information and any rule or condition must appear in bold type the same size as the type used for the major portion of the advertisement.
(l) The advertisement indicates, clearly and conspicuously, the date the prizes are to be awarded, and that a record regarding the names and addresses of the winners will be provided upon request without charge. The advertiser shall provide the record to any person upon request.
(m) The advertiser does not offer merchandise as a substitute for a reimbursement for travel, allowance for a trip or similar plan of compensation.
2. As used in this section, "language of the advertisement" means the use of any language that has a tendency to lead a reasonable person to believe he or she has won a contest or merchandise of value, including, but not limited to, "congratulations," "you have won," "you are a winner," "you have been chosen," "you have been selected" and "you are entitled to receive."
(Added to NRS by 1989, 2194)
Structure Nevada Revised Statutes
Chapter 598 - Deceptive Trade Practices
NRS 598.0901 - "Consumer Affairs Unit" or "Unit" defined.
NRS 598.0905 - "Advertisement" defined.
NRS 598.0907 - "Certification mark" defined.
NRS 598.091 - "Collective mark" defined.
NRS 598.0913 - "Commissioner" defined.
NRS 598.0915 - "Deceptive trade practice" defined.
NRS 598.0916 - "Deceptive trade practice" defined.
NRS 598.0917 - "Deceptive trade practice" defined.
NRS 598.0918 - "Deceptive trade practice" defined.
NRS 598.092 - "Deceptive trade practice" defined.
NRS 598.0921 - "Deceptive trade practice" defined.
NRS 598.09213 - "Deceptive trade practice" defined.
NRS 598.0922 - "Deceptive trade practice" defined.
NRS 598.09223 - "Deceptive trade practice" defined.
NRS 598.09227 - "Deceptive trade practice" defined.
NRS 598.0923 - "Deceptive trade practice" defined.
NRS 598.09235 - "Deceptive trade practice" defined.
NRS 598.0924 - "Deceptive trade practice" defined.
NRS 598.0925 - "Deceptive trade practice" defined.
NRS 598.0927 - "Director" defined.
NRS 598.0933 - "Elderly person" defined.
NRS 598.0934 - Goods" defined.
NRS 598.0935 - "Mark" defined.
NRS 598.0936 - "Person with a disability" defined.
NRS 598.0937 - "Property" defined.
NRS 598.0943 - "Service mark" defined.
NRS 598.0945 - "Trademark" defined.
NRS 598.0947 - "Trade name" defined.
NRS 598.0955 - Applicability of NRS 598.0903 to 598.0999, inclusive.
NRS 598.0957 - Director may delegate powers and duties.
NRS 598.0959 - Advisory committees: Creation and appointment; membership; compensation.
NRS 598.096 - Powers of Director, Commissioner and Attorney General.
NRS 598.0963 - Additional powers of Attorney General.
NRS 598.0967 - Commissioner and Director: Subpoenas; hearings; regulations.
NRS 598.097 - Commissioner, Director and Attorney General: Equitable relief.
NRS 598.09735 - Civil penalty for engaging in deceptive trade practice directed toward minor person.
NRS 598.0974 - Civil penalty prohibited under certain circumstances.
NRS 598.0979 - Restraining orders; injunctions; assurances of discontinuance.
NRS 598.098 - Use and disclosure of information by Commissioner or Director; regulations.
NRS 598.0983 - Actions by district attorney: Prerequisites.
NRS 598.0985 - Actions by district attorney: Injunctive relief.
NRS 598.0987 - Actions by district attorney: Preliminary notice required before filing; exception.
NRS 598.0989 - Actions by district attorney: Venue; powers of court.
NRS 598.099 - Injunctions without prior notice.
NRS 598.0993 - Relief for injured persons.
NRS 598.0995 - Assurances of discontinuance.
NRS 598.0997 - Service of notices.
NRS 598.0999 - Civil and criminal penalties for violations.
NRS 598.110 - Pyramid promotional schemes or endless chains are deceptive trade practices.
NRS 598.120 - Contracts and agreements voidable by participant.
NRS 598.130 - Injunctive relief; receivership.
NRS 598.1315 - "Advertisement" defined.
NRS 598.132 - "Advertiser" defined.
NRS 598.1325 - "Advertising premium" defined.
NRS 598.133 - "Merchandise" defined.
NRS 598.1335 - "Sale" defined.
NRS 598.134 - "Sales promotion" defined.
NRS 598.136 - Representation that person has won prize or is winner of contest.
NRS 598.137 - Representation that person has chance to receive prize.
NRS 598.138 - Representation that person has been specially selected.
NRS 598.139 - Violation constitutes deceptive trade practice.
NRS 598.150 - "Business day" defined.
NRS 598.160 - "Buyer" defined.
NRS 598.170 - "Consumer goods or services" defined.
NRS 598.180 - "Door-to-door sale" defined.
NRS 598.200 - "Place of business" defined.
NRS 598.210 - "Purchase price" defined.
NRS 598.220 - "Seller" defined.
NRS 598.230 - Right of buyer to rescind contract of sale; notice of rescission.
NRS 598.240 - Seller to furnish buyer copy of receipt or contract; required contents.
NRS 598.250 - Seller to furnish buyer form for notice of cancellation.
NRS 598.260 - Penalty for cancellation permitted; limitations.
NRS 598.2801 - Violation constitutes deceptive trade practice.
NRS 598.3971 - "Athletic contest" defined.
NRS 598.3972 - "Entertainment facility" defined.
NRS 598.3973 - "Internet robot" defined.
NRS 598.3974 - "Live entertainment event" defined.
NRS 598.39745 - "Primary ticket provider" defined.
NRS 598.3975 - "Resale" and "resell" defined.
NRS 598.3976 - "Reseller" defined.
NRS 598.39765 - "Rights holder" defined.
NRS 598.3977 - "Ticket" defined.
NRS 598.3979 - Prohibited acts relating to resale of tickets.
NRS 598.39795 - Resale of ticket without first disclosing total amount to be charged prohibited.
NRS 598.398 - Restrictions on use of Internet robots.
NRS 598.3982 - Civil action; venue; damages; certain natural persons immune.
NRS 598.3983 - Criminal penalty.
NRS 598.3984 - Criminal penalty for violations relating to certain government affiliated facilities.
NRS 598.416 - "Advertise" and "advertisement" defined.
NRS 598.425 - "Commissioner" defined.
NRS 598.435 - "Division" defined.
NRS 598.445 - "Sightseeing tour" defined.
NRS 598.455 - "Tour broker" defined.
NRS 598.465 - "Tour operator" defined.
NRS 598.515 - Release of security if tour broker or tour operator ceases to operate.
NRS 598.545 - "Buyer" defined.
NRS 598.555 - "Grant" defined.
NRS 598.565 - "Grant writing service" defined.
NRS 598.585 - Contracts for grant writing services: Requirements; content.
NRS 598.595 - Violation constitutes deceptive trade practice.
NRS 598.706 - "Commissioner" defined.
NRS 598.711 - "Division" defined.
NRS 598.716 - "Registrant" defined.
NRS 598.736 - Release of security if registrant ceases to operate or registration expires.
NRS 598.757 - Organization to provide buyer certain information in writing.
NRS 598.767 - Organization to maintain registered agent for service of legal process.
NRS 598.782 - Criminal penalty.
NRS 598.787 - Provisions and remedies not exclusive; violation constitutes deceptive trade practice.
NRS 598.8541 - Release of security if registrant ceases to operate or registration expires.
NRS 598.855 - Trust account required for payments on contracts.
NRS 598.860 - Trust account required for payments on goods and services.
NRS 598.865 - Administration of trust accounts; audits.
NRS 598.875 - Requirements for contracts for membership.
NRS 598.880 - Limits on contracts for membership.
NRS 598.885 - Cancellation of contract by buyer; notice required.
NRS 598.890 - Membership of buyer effective 7 days after contract signed.
NRS 598.895 - Refund required, if requested, for goods not delivered within 6 weeks.
NRS 598.900 - Untrue or misleading statements by organization prohibited; effect on contract.
NRS 598.905 - Correction of violations.
NRS 598.915 - Waiver of statutory rights is void.
NRS 598.930 - Remedies not exclusive; violation constitutes deceptive trade practice.
NRS 598.9403 - "Business day" defined.
NRS 598.9405 - "Buyer" defined.
NRS 598.9407 - "Commissioner" defined.
NRS 598.941 - "Dance studio" defined.
NRS 598.9413 - "Division" defined.
NRS 598.9415 - "Health club" defined.
NRS 598.9417 - "Pre-sale" defined.
NRS 598.9418 - "Registrant" defined.
NRS 598.944 - Registration of dance studio or health club required.
NRS 598.9476 - Release of security if registrant ceases to operate or registration expires.
NRS 598.948 - Requirements for contract between buyer and dance studio or health club.
NRS 598.950 - Cancellation of contract by buyer; notice required.
NRS 598.954 - Rights of buyer who becomes disabled during term of contract.
NRS 598.956 - Rights of buyer upon closure of dance studio or health club; election of remedies.
NRS 598.960 - Correction of violations.
NRS 598.962 - Waiver of provisions is void.
NRS 598.9682 - "Provider" defined.
NRS 598.9684 - "Telecommunication service" defined.
NRS 598.9691 - Regulations governing disclosures made by provider to customer.
NRS 598.9692 - Opportunity to freeze interexchange carrier.
NRS 598.9702 - "Consumer" defined.
NRS 598.9703 - "Creditor" defined.
NRS 598.9704 - "Dealer" defined.
NRS 598.9705 - "Device" defined.
NRS 598.9706 - "Electronic tracking technology" defined.
NRS 598.9707 - "Lease" defined.
NRS 598.9708 - "Long-term lessee" defined.
NRS 598.9709 - "Long-term lessor" defined.
NRS 598.9711 - "Retail buyer" defined.
NRS 598.9712 - "Retail installment contract" defined.
NRS 598.9713 - "Secured party" defined.
NRS 598.9714 - "Starter interruption technology" defined.
NRS 598.9717 - Responsibility for device.
NRS 598.9718 - Violation constitutes deceptive trade practice; remedies.
NRS 598.9731 - "Contract or agreement" defined.
NRS 598.9737 - Elements of translated contract or agreement permitted to be retained in English.
NRS 598.9739 - Right of aggrieved party to rescind contract or agreement.
NRS 598.9802 - "Commission" defined.
NRS 598.9803 - "Disclosure" defined.
NRS 598.9804 - "Distributed generation system" defined.
NRS 598.9805 - "Host customer" defined.
NRS 598.9806 - "Portfolio energy credit" defined.
NRS 598.9807 - "Power purchase agreement" defined.
NRS 598.9808 - "Solar installation company" defined.
NRS 598.9809 - Agreement for lease of distributed generation system: Cover page.
NRS 598.9811 - Agreement for lease of distributed generation system: Contents.
NRS 598.9812 - Agreement for lease of distributed generation system: Disclosure.
NRS 598.9813 - Agreement for purchase of distributed generation system: Cover page.
NRS 598.9814 - Agreement for purchase of distributed generation system: Contents.
NRS 598.9815 - Agreement for purchase of distributed generation system: Disclosure.
NRS 598.9816 - Power purchase agreement: Cover page.
NRS 598.9817 - Power purchase agreement: Contents.
NRS 598.9818 - Power purchase agreement: Disclosure.
NRS 598.9819 - Utility rates disclosure required in agreement in certain circumstances.
NRS 598.9821 - Certain express warranties required in agreement; exception.