Senate Bill No. 200
               Senate Bill No. 200

              PUBLIC ACT NO. 98-187


AN ACT CONCERNING SWEEPSTAKES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  42-295  of  the  general  statutes is
repealed and the following is substituted in  lieu
thereof:
    As   used   in   sections  42-295  to  42-300,
inclusive:
    (1) "Advertise" means  the  use  of the media,
mail, computer, telephone  or  personal contact to
offer: [to] (A) TO a specifically named person the
opportunity to participate  in a sweepstakes [or a
game of skill]  and such offer represents that (i)
such person has  been  awarded  [or] A PRIZE, (ii)
SUCH PERSON will  be  awarded  a  prize,  OR (iii)
THERE  IS  A   STRONG  LIKELIHOOD,  AS  DETERMINED
PURSUANT   TO   REGULATIONS    ADOPTED    BY   THE
COMMISSIONER OF CONSUMER  PROTECTION IN ACCORDANCE
WITH CHAPTER 54,  THAT SUCH PERSON WILL BE AWARDED
A PRIZE; OR  (B)  A  GAME  OF SKILL AND SUCH OFFER
REPRESENTS THAT (i)  A PARTICIPANT WILL BE AWARDED
A PRIZE, OR  (ii) THERE IS A STRONG LIKELIHOOD, AS
DETERMINED PURSUANT TO  SUCH  REGULATIONS,  THAT A
PARTICIPANT WILL BE AWARDED A PRIZE;
    (2) "Consumer product"  means any article used
primarily  for  personal,   family   or  household
purposes;
    (3) "Person" means an individual, corporation,
association, partnership or any other entity;
    (4)  "Prize"  includes, but is not limited to,
an  award,  gift  certificate,  travel  coupon  or
anything else of value regardless of whether there
are any conditions or restrictions attached to the
receipt of the prize that is separate and distinct
from the goods, services or property  promoted  by
the sponsor;
    (5)  "Promoter"  means  a  person conducting a
sweepstakes;
    (6)  "Simulated  check" means a document which
looks similar to a check but is not currency or  a
check,  draft,  note,  bond  or  other  negotiable
instrument;
    (7)  "Sponsor"  means a person on whose behalf
the sweepstakes is being conducted to  promote  or
advertise goods or services of that person;
    (8)  "Sweepstakes"  means  a  legal contest or
game where a prize is distributed  by  lot  or  by
chance and does not require a permit or license to
operate in the state;
    (9)  "Verifiable  retail  value"  means: (A) A
price at which a substantial number of the  prizes
have sold at retail in the local market no earlier
than one year prior to the  advertisement  of  the
sweepstakes by a person other than the promoter or
sponsor; (B) if the prize  is  not  available  for
retail  sale in the local market, the retail value
of an item substantially similar to the  prize  in
quality,  quantity,  grade  and utility; or (C) if
the value cannot be established under subparagraph
(A) or (B) of this subdivision, no more than three
times the cost of the prize  to  the  promoter  or
sponsor; and
    (10) "800 number"  means  a prefixed telephone
number for which no charge is assessed.

Approved June 4, 1998