Tex. Bus. & Com. Code Section 622.101
Connecting Sweepstakes Entry or Operation to Order or Purchase


(a)

A person conducting a sweepstakes may not use a mechanism for entering the sweepstakes that:

(1)

has any connection to ordering or purchasing a good or service;

(2)

is not identical for all individuals entering the sweepstakes; and

(3)

does not have printed on the entry form, in a font size at least as large as the largest font size used on the entry form, the following language: “Buying Will Not Help You Win. Your chances of winning without making a purchase are the same as the chances of someone who purchases something. It is illegal to give any advantage to buyers in a sweepstakes.”

(b)

A person conducting a sweepstakes may not:

(1)

require an individual to order, purchase, or promise to purchase a good or service to enter the sweepstakes;

(2)

automatically enter an individual in the sweepstakes because the individual ordered, purchased, or promised to order or purchase a good or service; or

(3)

solicit business using an order form or purchasing mechanism that has any role in the operation of the sweepstakes.

(c)

Subsections (a)(1) and (b)(3) do not apply to a single sheet of paper that contains both a sweepstakes entry form and an order form if:

(1)

the order form is perforated or detachable; and

(2)

the entry form must be separated from the order form and returned to a different address than the order form.

(d)

Subsections (a) and (b)(2) and (3) do not apply to a sweepstakes offered to promote a credit card or debit card if the official rules of the sweepstakes provide that consumers are entered in the sweepstakes based on the number of purchases made or the amount of money spent. The exception provided by this subsection applies only to a person offering a sweepstakes who qualified as an issuer as of January 1, 2001.

(e)

Subsections (a) and (b)(2) and (3) do not apply to a company offering a sweepstakes in which the consumer must go to a physical location to obtain or use the goods or services being sold by the company.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 622.101 — Connecting Sweepstakes Entry or Operation to Order or Purchase, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­622.­htm#622.­101 (accessed Jun. 5, 2024).

622.001
Definitions
622.002
Acts Constituting Conducting Sweepstakes
622.051
Chapter Limited to Sweepstakes Conducted Through Mail
622.053
Advertisement or Insert in Magazine, Newspaper, or Catalog
622.054
Charitable Raffle
622.055
Sweepstakes Regulated by Alcoholic Beverage Code
622.056
Company Regulated Under Public Utility Regulatory Act
622.057
Air Carrier
622.058
Certain Recreational Events
622.059
Certain Food Products
622.060
Audiovisual Entertainment Work, Product, or Sound Recording
622.061
Cable System
622.101
Connecting Sweepstakes Entry or Operation to Order or Purchase
622.102
Using Multiple Sweepstakes Entry Addresses or Multiple Purposes for Address
622.103
Allowing Choice of Prize or Indication of Preferred Prize Characteristics
622.104
Sending Sweepstakes Material that Includes Certain Statements or Implications
622.105
Using Game Piece to Convey Information or Offer to Enter
622.106
Publishing Advertisements or Rules with Inconsistent or Incomplete Prize Descriptions
622.107
Engaging in Conduct that Falsely Indicates an Individual Has Won
622.108
Awarding Multiple Prizes
622.109
Mailing Certain Offers During Period Following Sweepstakes
622.110
Providing Names or Addresses Used in Prohibited Sweepstakes
622.151
Description of Method of Choosing Winner
622.152
Notification of and Affidavit from Winner
622.201
Action by Attorney General
622.202
Civil Penalty
622.203
Liability for Providing Names or Addresses Used in Prohibited Sweepstakes
622.204
Injunctive and Other Relief
622.205
No Private Right of Action
622.206
Recovery of Expenses by Attorney General
622.0545
Savings Promotion Raffle

Accessed:
Jun. 5, 2024

§ 622.101’s source at texas​.gov