Short title
Short title. This Act may be cited as the Prizes and Gifts Act. (Source: P.A. 92-436, eff. 1-1-02.)
Illinois · statute · 815 ILCS 525 · 11 active provisions
Short title. This Act may be cited as the Prizes and Gifts Act. (Source: P.A. 92-436, eff. 1-1-02.)
Legislative intent. The General Assembly finds that deceptive promotional advertising of prizes is a matter vitally affecting the public interest in this State. (Source: P.A. 92-436, eff. 1-1-02.)
Definitions. As used in this Act: "Catalog seller" means an entity (and its subsidiaries) or a person at least 50% of whose annual revenues are derived from the sale of products sold in connection with the distribution of catalogs of at least 24 pages, which contain written descriptions or illustrations and sale prices…
Application of Act. Except as otherwise provided in this Act, this Act applies only to a written promotional offer that is: (1) made to a person in this State; (2) used to induce or invite a person to come to this State to claim a prize, attend a sales presentation, meet a promoter, sponsor, salesperson, or agent, or c…
No payment required. (a) No sponsor may require a person in this State to pay the sponsor money as a condition of awarding the person a prize, or as a condition of allowing the person to receive, use, compete for, or obtain information about a prize. (b) A sponsor shall not represent that a person has won or unconditio…
Disclosures required. A written promotional prize offer must contain each of the following in a clear and conspicuous statement at the onset of the offer: (1) the true name or names of the sponsor and the address of the sponsor's actual principal place of business; (2) the retail value of each prize the person receivin…
Prize award required. A sponsor who represents that a person has been awarded a prize shall, not later than 30 days after making the representation, provide the person with: (1) the prize; (2) a voucher, certificate, or other document giving the person the prize; or (3) the retail value of the prize, as stated in the w…
Advertising media exempt. Nothing in this Act creates liability for acts by the publisher, owner, agent, or employee of a newspaper, periodical, radio station, television station, cable television system, or other advertising medium arising out of the publication or dissemination of a solicitation, notice, or promotion…
Exemptions. This Act does not apply to solicitations or representations in connection with: (1) the sale or purchase of books, recordings, video cassettes, periodicals, and similar goods through a membership group or club that is regulated by the Federal Trade Commission under Code of Federal Regulations, Title 16, par…
Violations. (a) Nothing in this Act may be construed to permit an activity otherwise prohibited by law. (b) Enforcement by consumer. A consumer who suffers loss by reason of any intentional violation of any provision of this Act may bring a civil action to enforce that provision. A consumer who is successful in such an…
Severability. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application and to this end the provisions of this Act are severable…