PARRIS N. GLENDENING, Governor                              Ch. 589

Article - Commercial Law

13-305.

(a) This section does not apply to:

(1)     Trading stamps, as defined by § 13-101 of the Business Regulation
Article;

(2)     State lottery tickets issued under the authority of Title 9, Subtitle 1 of
the State Government Article;

(3)     Retail promotions, not involving the offer of gifts and prizes, which offer
savings on . consumer goods or services including "one-cent sales",
"two-for-the-price-of-one-sales", or manufacturer's "cents-off" coupons; or

(4)     Games of skill competition not involving sales promotion efforts.

[(b) A person may not notify any other person by any means, as part of an
advertising scheme or plan, that the other person has won a prize, received an award, or
has been selected or is eligible to receive anything of value if the other person is required
to purchase goods or services, pay any money to participate in, or submit to a sales
promotion effort.]

(C) IN ADDITION TO THE EXCEPTIONS PROVIDED IN SUBSECTION (A) OF THIS
SECTION, SUBSECTION (B) OF THIS SECTION DOES NOT PROHIBIT THE OFFER OF
PRIZES REQUIRING THE PERSON TO PURCHASE OTHER GOODS AND SERVICES IF
THE RETAIL PRICE OF THE PRIZE OFFERED DOES NOT EXCEED THE GREATER OF:

(1) $40; OR

(2) THE LESSER OF:

(I) 20% OF THE PURCHASE PRICE OF THE GOODS OR SERVICES
THAT MUST BE PURCHASED; OR

(II) $400.

(D) THE EXCEPTION PROVIDED IN SUBSECTION (C) OF THIS SECTION DOES
NOT APPLY TO THE OFFER OF A PRIZE REQUIRING THE PERSON EITHER TO PAY
ANY MONEY TO PARTICIPATE IN OR TO SUBMIT TO A SALES PROMOTION EFFORT,
OR TO A PRIZE PROMOTION INVOLVING THE AWARD OF PRIZES BY CHANCE.

[(c)] (B) (E) When a person offers prizes in a sales promotion effort relating to
the sale, lease, or rental of real property not prohibited by this subsection SECTION, that
person shall disclose to each offeree, in writing, clearly and conspicuously:

(1)     That the purpose of the sales promotion effort is to solicit the purchase,
lease, or rental of real property;

(2)     The exact number of each prize offered in each category to be made
available during the sales promotion;

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