(a) The General Assembly has become aware of the avalanche of sweepstakes, contests, and prize promotions that have been and are being directed at Arkansas consumers and recognizes that consumers are often misled by these sweepstakes, contests, and prize promotions. The General Assembly also recognizes that Arkansas consumers have paid hundreds of thousands of dollars […]
As used in this chapter, unless the context otherwise requires: (1) “Prize” means a gift, award, or other item or service that is offered or awarded to a participant in a real or purported contest, competition, sweepstakes, puzzle, drawing, scheme, plan, or other selection process; (2) “Retail value” of a prize means: (A) A price […]
(a) Nothing in this chapter shall be construed to permit an activity otherwise prohibited by law. (b) (1) Each prize offer made in violation of this chapter, as to each separate person to whom such offer is made, shall constitute a separate violation of this chapter. (2) (A) A violation of this chapter is also […]
(a) Nothing in this chapter creates liability for the acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, television station, cable television station system, or other advertising medium arising out of the publication or dissemination of a solicitation, notice, or promotion governed by this chapter, unless the publisher, owner, agent, […]
A sponsor shall not do any of the following: (1) Offer a prize to any person except in accordance with the requirements of this chapter; (2) (A) Deliver a written prize notice, or an envelope containing a written prize notice that contains language or is designed in a manner that would have the tendency or […]
(a) No sponsor shall offer a prize nor shall a sponsor use any solicitation, whether written or oral, and however communicated, that offers a prize, unless the person to whom such offer is made has first received a written prize notice containing the information required in subsections (b) and (c) of this section. (b) A […]
A sponsor who represents to a person that the person has been awarded a prize shall, not later than thirty (30) days after making a representation, provide the person with the prize, or with a voucher, certificate, or other document giving the person the unconditional right to receive the prize, or shall provide the person […]
(a) All provisions of this chapter apply to prize offers made by way of telephone communication. (b) Sponsors of the offers shall not solicit or accept the payment of any money from any person unless that person has first received the written prize notice as required by this chapter. (c) No sponsor shall solicit or […]
All prize offers, including telephone prize offers, in which the sponsor has initiated contact, regardless of his or her location, and the consumer’s agreement to pay is made at the consumer’s home and is an agreement to pay more than twenty-five dollars ($25.00) is a home solicitation sale within the meaning of § 4-89-102(4).
