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A contest requires talent and skills (rather than pure chance) in order to win the prize, and is conditioned wholly or partly on a payment of some value. However, chance may play a part. For example, guessing the number of jelly beans in a jar is generally not considered to be a contest, although some people go as far as to figure out mathematical formulas for the area of each jelly bean.
A person who operates a contest may not represent, either directly or by implication, that another person has won any prize or item of value without disclosing its exact nature and approximate value. Similarly, a person may not make representations to someone else that he or she has won any prize or item of value in a contest, unless there has been a real contest in which at least a majority of the participants have failed to win.
Every person who conducts a contest must disclose on each entry blank the deadline for submission of that entry.
Use of the word “lucky” to describe an entry form or symbol, or any other implication that advantage is conferred on the participant in preference to other participants, is prohibited.The use of simulated checks, currency or items of value, is prohibited unless they bear the words “SPECIMEN – NONNEGOTIABLE” clearly and conspicuously.
All contest and promotional puzzles and games must clearly and conspicuously disclose each of the following:
•All the rules, regulations, terms and conditions of the contest
•The maximum number of puzzles or games that may be necessary to complete the contest and determine winners
•The maximum amount of money, including postage and handling fees, which a participant may be asked to pay to win eachof the prizes offered
•The date(s) the contest will end, and the date(s) when all prizes will be awarded
•Whether future contests or tie-breakers, if any, will be significantly more difficult than the initial contest, and the method of determining prizewinners if a tie remains after completion of the last tie-breaker
•The exact nature and approximate value of prizes must be disclosed clearly and conspicuously when they are offered.
•If a tie-breaker for extra cash or any other type of prize may be entered by paying money, it must be clearly disclosed to the participant that the payment is optional, and that he or she does not have to make the payment to play for these prizes. Participants must be given, clearly and conspicuously, the opportunity to indicate that they wish to enter this phase of the contest for free (other than reasonable postage and handling fees).
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