Sec. 621.152. RAINCHECK REQUIREMENTS. Subject to Section 621.153(a), if the response to an offer exceeds the number of gifts or major or minor prizes, as applicable, available at the sales location, the offeror, at the time of the visit or, if a sales presentation is required, at the conclusion of the sales presentation, shall tender to the recipient of the offer a raincheck for the gift or prize represented in the offer. Except as provided by Section 621.153(b), the offeror shall send that exact gift or prize to the recipient, without cost to the recipient, not later than the 14th day after the date the recipient visits the sales location or attends the sales presentation. The offeror shall obtain a return receipt from the shipper verifying that the gift or prize was delivered to the recipient.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Structure Texas Statutes
Title 13 - Contests and Other Promotions
Chapter 621 - Contests and Gift Giveaways
Subchapter D. Fulfillment of Gift and Prize Offers
Section 621.151. Availability and Awarding of Gift or Prize
Section 621.152. Raincheck Requirements
Section 621.153. Issuance of Check or Money Order in Lieu of Gift or Minor Prize
Section 621.154. Certificate Permitted for Lodging, Airfare, Trip, or Recreational Activity