Tex. Bus. & Com. Code Section 622.104
Sending Sweepstakes Material that Includes Certain Statements or Implications

A person conducting a sweepstakes may not send material accompanying or relating to the sweepstakes or an offer to enter the sweepstakes that:

(1)

states or implies that:

(A)

an individual must comply with a restriction or condition to enter the sweepstakes, unless all individuals entering the sweepstakes are required to comply with the identical restriction or condition;

(B)

an individual’s chances of winning a prize in the sweepstakes are higher, lower, or different in any way because of a factor or circumstance that does not relate to the manner in which a winner is selected;

(C)

a winner will be selected at a time or place or in a manner that is different from the actual time or place at which or manner in which a winner is selected;

(D)

an individual who orders or purchases a good or service will receive a benefit or be treated differently in the sweepstakes in comparison to an individual who does not order or purchase a good or service; or

(E)

an individual who does not order or purchase a good or service will be disadvantaged or treated differently in the sweepstakes in comparison to an individual who orders or purchases a good or service;

(2)

states or implies falsely that the individual receiving the material has received special treatment or personal attention from the offeror of the sweepstakes or any officer, employee, or agent of the offeror; or

(3)

states that the recipient of the material:

(A)

is a winner, if the recipient is not a winner;

(B)

may be a winner;

(C)

will be a winner if certain conditions are met or certain events occur;

(D)

may be or will be among the group from which a winner will be selected; or

(E)

has in any way a better chance than another individual of being chosen as a winner.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.

Source: Section 622.104 — Sending Sweepstakes Material that Includes Certain Statements or Implications, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­622.­htm#622.­104 (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
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 622.104’s source at texas​.gov