13-28-2. Definitions.
For the purpose of this part:
(1) "Division" means the Division of Consumer Protection in the Department of Commerce.
(2) "Prize" means a gift, award, or other item or service of value.
(3) "Prize notice" means a notice given to an individual in this state that satisfies all of the following: is or contains a representation that the individual has been selected or may be eligible to receive a prize; and conditions receipt of a prize on a payment or donation from the individual or requires or invites the individual to make a contact to learn how to receive the prize or to obtain other information related to the notice. "Prize notice" does not include: a notice given at the request of the individual; or a notice informing the individual that he or she has been awarded a prize as a result of his actual prior entry in a game, drawing, sweepstakes, or other contest if the individual is awarded the prize stated in the notice.
(4) "Solicitor" means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize.
(5) "Sponsor" means a person on whose behalf a solicitor gives a prize notice.
(6) "Verifiable retail value" of a prize means: a price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor or sponsor in the trade area in which the prize notice is given; or if the solicitor or sponsor is unable to satisfy Subsection, no more than 1.5 times the amount the solicitor or sponsor paid for the prize. (6)(a)