75-32. Representation of winning a prize.
No person, firm or corporation engaged in commerce shall, in connection with the sale or lease or solicitation for the sale or lease of any goods, property, or service, represent that any other person, firm or corporation has won anything of value or is the winner of any contest, unless all of the following conditions are met:
(1) The recipient of the prize must have been selected by a method in which no more than ten percent (10%) of the names considered are selected as winners of any prize;
(2) The recipient of the prize must be given the prize without any obligation; and
(3) The prize must be delivered to the recipient at no expense to him, within 10 days of the representation.
The use of any language that has a tendency to lead a reasonable person to believe he has won a contest or anything of value, including but not limited to "congratulations," and "you are entitled to receive," shall be considered a representation of the type governed by this section. (1979, c. 879, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 75 - Monopolies, Trusts and Consumer Protection
Article 1 - General Provisions.
§ 75-1 - Combinations in restraint of trade illegal.
§ 75-1.1 - Methods of competition, acts and practices regulated; legislative policy.
§ 75-2 - Any restraint in violation of common law included.
§ 75-2.1 - Monopolizing and attempting to monopolize prohibited.
§ 75-4 - Contracts to be in writing.
§ 75-8 - Continuous violations separate offenses.
§ 75-9 - Duty of Attorney General to investigate.
§ 75-10 - Power to compel examination.
§ 75-11 - Person examined exempt from prosecution.
§ 75-12 - Refusal to furnish information; false swearing.
§ 75-13 - Criminal prosecution; district attorneys to assist; expenses.
§ 75-14 - Action to obtain mandatory order.
§ 75-15 - Actions prosecuted by Attorney General.
§ 75-15.1 - Restoration of property and cancellation of contract.
§ 75-16 - Civil action by person injured; treble damages.
§ 75-16.2 - Limitation of actions.
§ 75-17 - Lender may not require borrower to deal with particular insurer.
§ 75-18 - Lender may require nondiscriminatory approval of insurer.
§ 75-19 - Violators subject to fine and injunction.
§ 75-20 - Unsolicited checks to secure loans.
§ 75-27 - Unsolicited merchandise.
§ 75-28 - Unauthorized disclosure of tax information; violation a Class 1 misdemeanor.
§ 75-29 - Unfair and deceptive trade names; use of term "wholesale" in advertising, etc.
§ 75-31 - Work-at-home solicitations.
§ 75-32 - Representation of winning a prize.
§ 75-33 - Representation of eligibility to win a prize.
§ 75-34 - Representation of being specially selected.
§ 75-35 - Simulation of checks and invoices.
§ 75-37 - Declaration of State public policy.
§ 75-39 - Conditioning services on electric service prohibited.
§ 75-40 - Deadline for mailing consumer rebates.
§ 75-41 - Contracts with automatic renewal clauses.
§ 75-43 - Solicitation of a fee for copy of recorded documents.