61B-37.004. Prize and Gift Promotional Offers

(1) Contents of Filing. In addition to the general filing requirements of Sections 721.11 and 721.111(4), Florida Statutes, and other applicable Chapter 61B-37, F.A.C., rules, each filing with the division of a prize and gift promotional offer shall comply with the following specific requirements:

(a) In instances where a manufacturer’s suggested retail price must be disclosed, this figure shall be evidenced by a letter from the manufacturer of the item stating its suggested retail price or by the manufacturer’s printed price list. Where disclosure of a verifiable retail value is required, this value may be evidenced by providing the division with a page from a national or a regional retail catalog depicting the item, or a comparable item, properly used as a reference of retail value or by providing the division with copies of the actual purchase and invoice agreements governing the purchase of the item.

(b) In disclosing the terms and conditions and other information concerning the use of lodging or vacation certificates, and in providing reasonable assurances that the obligations thereunder will be met, the developer shall include the following information:

1. The name and address of the business entity or entities creating and distributing the lodging or vacation certificates;

2. A copy of the lodging or vacation certificate;

3. The name and location of the resort, hotel, motel, time-share project or other entity providing benefits under the vacation or lodging certificate.

4. A letter to the division from the developer verifying that a bona fide agreement exists, between the certificate supplier and the developer.

(2) Filing fees. Each developer shall provide the division with a separate filing and filing fee for each prize and gift promotional offer as specified in Section 721.111(4), (6), Florida Statutes. Notwithstanding the above, a developer may, without paying an additional filing fee, file a prize and gift promotional offer which merely corrects an offer previously filed with the division. A prize and gift promotional offer corrects a previously filed offer when it only cures typographical or printing errors that do not change the meaning of the previously filed offer.

(3) Advertising disclosures.

(a) In describing the prize, gift or other item that a prospective purchaser will receive, advertising material shall describe, where applicable, the item’s dimensions, material and construction, volume, warranties, guarantees, brand name, and method of operation.

(b) In describing vacation or lodging certificates, the advertising material shall fairly disclose, where applicable:

1. The location and a fair accurate description of the lodging facility. If proximity to any area attraction is mentioned, the distance of the attraction from the lodging facility shall be fairly described.

2. The number of days and nights lodging offered;

3. The number of persons included without additional charges;

4. Whether a sales presentation is required to validate the certificate;

5. The expiration date of the certificate;

6. The existence and amount of any charges to the recipient.

7. Whether the recipients must use a credit card to make their reservations.

(c) In disclosing the rules, terms, requirements, and preconditions governing the use of a vacation or lodging certificate, the certificate shall contain a section labeled “Terms and Conditions,” or language of similar import, which shall include the following:

1. Any eligibility requirements such as age, employment, residency, or marital status;

2. Any expiration date; and

3. Any additional charges.

(4) Unavailability of accommodations under the vacation or lodging certificates. Where, through no fault of the developer of the time-share plan, any entity which is to provide lodging or other services under the vacation or lodging certificate fails to do so, the developer must offer recipients of such certificates the choice of receiving either a refund of any monies paid therefor or pursuant thereto, or of receiving comparable lodging and services subject to the same terms and conditions as specified in the vacation or lodging certificate. After the provider of the lodging or other services fails to honor the terms of the vacation or lodging certificate, the developer shall immediately cease distribution of any vacation or lodging certificates offering lodging or services at the unavailable facility.

Specific Authority 721.26(6) FS. Law Implemented 721.11, 721.111 FS. History–New 1-1-85, Formerly 7D-37.04, 7D-37.004, Amended 8-24-94, 2-15-00.