§ 73.1216   Licensee-conducted contests.

   A licensee that broadcasts or advertises information about a contest it
   conducts shall fully and accurately disclose the material terms of the
   contest, and shall conduct the contest substantially as announced or
   advertised. No contest description shall be false, misleading or
   deceptive with respect to any material term.

   Note 1: For the purposes of this rule:

   (a) A contest is a scheme in which a prize is offered or awarded, based
   upon chance, diligence, knowledge or skill, to members of the public.

   (b) Material terms include those factors which define the operation of
   the contest and which affect participation therein. Although the
   material terms may vary widely depending upon the exact nature of the
   contest, they will generally include: how to enter or participate;
   eligibility restrictions; entry deadline dates; whether prizes can be
   won; when prizes can be won; the extent, nature and value of prizes;
   basis for valuation of prizes; time and means of selection of winners;
   and/or tie-breaking procedures.

   Note 2: In general, the time and manner of disclosure of the material
   terms of a contest are within the licensee's discretion. However, the
   obligation to disclose the material terms arises at the time the
   audience is first told how to enter or participate and continues
   thereafter. The material terms should be disclosed periodically by
   announcements broadcast on the station conducting the contest, but need
   not be enumerated each time an announcement promoting the contest is
   broadcast. Disclosure of material terms in a reasonable number of
   announcements is sufficient. In addition to the required broadcast
   announcements, disclosure of the material terms may be made in a
   non-broadcast manner.

   Note 3: This rule is not applicable to licensee-conducted contests not
   broadcast or advertised to the general public or to a substantial
   segment thereof, to contests in which the general public is not
   requested or permitted to participate, to the commercial advertisement
   of non-licensee-conducted contests, or to a contest conducted by a
   non-broadcast division of the licensee or by a non-broadcast company
   related to the licensee.

   [ 41 FR 43152 , Sept. 30, 1976]

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