NRS598.136. Representation that person has won prize or is winner of contest.

      1.  A person shall not, in connection with the sale or lease or solicitation for the sale or lease of any goods, property or service, represent that another person has won anything of value or is the winner of any contest unless:

      (a) The advertiser indicates, clearly and conspicuously, the name and address of the advertiser at the commencement of an oral solicitation or advertisement. If the advertisement is written, the information must be in bold type at least 2 points larger than the type used in the major portion of the advertisement, and must be placed at the top of the first page of the advertisement.

      (b) The method of selection of the recipient of the prize is one in which no more than 10 percent of the names considered are selected as recipients.

      (c) The prize is given without obligation to the recipient.

      (d) The prize is delivered to the recipient at no expense to him or her within 30 days after the representation.

      (e) The language of the advertisement represents that it is a sales promotion.

      (f) The language of the advertisement does not represent that the recipient has been contacted by telephone or any other means when no such contact has occurred.

      (g) The advertisement indicates to the recipient the brand name of any advertising premium offered. If the advertising premium consists of a vacation or trip, the advertiser shall indicate, clearly and conspicuously, the name and location of the accommodations and whether transportation to and from the vacation site or point of departure is included. The advertiser shall not offer a vacation or trip for which a deposit or other fee is required of the recipient.

      (h) The advertisement does not misrepresent the value of an advertising premium by any means, including, but not limited to, the grouping of advertising premiums of substantially different value.

      (i) The advertisement indicates, clearly and conspicuously, to the recipient that an advertising premium is discounted, no longer manufactured, damaged or less than first quality.

      (j) The advertisement indicates that the advertiser will disclose upon request and without charge which advertising premium will be received. The advertiser shall disclose such information upon request.

      (k) The advertisement indicates, clearly and conspicuously, the probability that a person may receive each advertising premium mentioned in the advertisement. The probability must be indicated adjacent to the first mention of each advertising premium and expressed in whole numbers. If the advertisement is written, such information and any rule or condition must appear in bold type the same size as the type used for the major portion of the advertisement.

      (l) The advertisement indicates, clearly and conspicuously, the date the prizes are to be awarded, and that a record regarding the names and addresses of the winners will be provided upon request without charge. The advertiser shall provide the record to any person upon request.

      (m) The advertiser does not offer merchandise as a substitute for a reimbursement for travel, allowance for a trip or similar plan of compensation.

      2.  As used in this section, “language of the advertisement” means the use of any language that has a tendency to lead a reasonable person to believe he or she has won a contest or merchandise of value, including, but not limited to, “congratulations,” “you have won,” “you are a winner,” “you have been chosen,” “you have been selected” and “you are entitled to receive.”

      (Added to NRS by 1989, 2194)