37-32-10. Prize unavailable.
A solicitor who represents to an individual in a written prize notice that the individual has won or will receive a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:
(1)Any other prize listed in the written prize notice that is available and that is of equal or greater value;
(2)The verifiable retail value of the prize in the form of cash, a money order, or a certified check; or
(3)A voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the individual within thirty days at no cost to the individual.
If a voucher, certificate, or other evidence of obligation delivered pursuant to subdivision (3) is not honored within thirty days, the solicitor shall deliver the verifiable retail value of the prize in the form of cash, a money order, or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.
Source: SL 1997, ch 223, ยง10.
Structure South Dakota Codified Laws
Chapter 32 - Sweepstake Prizes
Section 37-32-1 - Definition of terms.
Section 37-32-2 - Payment not allowed as requirement to receive written prize notice.
Section 37-32-3 - Written prize notice--Contents.
Section 37-32-4 - Retail value and statement of odds.
Section 37-32-5 - Statement of shipping and handling fees.
Section 37-32-6 - Location and size of information in notice.
Section 37-32-7 - Name of sponsor on notice.
Section 37-32-8 - Limitations on solicitor or sponsor.
Section 37-32-9 - Sales presentations.
Section 37-32-10 - Prize unavailable.
Section 37-32-11 - Temporary or permanent injunction for violation.
Section 37-32-12 - Civil penalties for violation of injunction.
Section 37-32-13 - Civil penalties for intentional violation.
Section 37-32-14 - Civil action by individual.
Section 37-32-15 - Venue of action.
Section 37-32-16 - Conflict with other actions.