A person running a sweepstakes may not send sweepstakes materials that make certain false or misleading statements about entry conditions, winning chances, selection timing or method, purchase-related benefits, or the recipient’s winner status or odds.
Sec. 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.