NAC119B.430. Approval of program including sweepstakes, vacation or gift certificate by division; requirements.

     1. Before a developer advertises or promotes a campground in which memberships are offered for sale with a program which includes the use of a sweepstakes, vacation or gift certificate, he must submit a written description of the program to the division for approval. The material submitted must include:

     (a) Copies of the vacation or gift certificate and any other published material to be used in the program;

     (b) The name of each company with whom he has contracted to provide the goods or services offered;

     (c) Evidence satisfactory to the division that he has commitments with the suppliers of goods or services which will be used as part of the program; and

     (d) If required by the administrator, proof of financial assurance that he can and will honor his commitments to the recipients and suppliers.

     2. A program which includes the use of a sweepstakes, vacation or gift certificate must conform to the provisions of NAC 119B.310 to 119B.400, inclusive, and must:

     (a) Contain a date for the expiration of the rights of the recipient to the gift or other benefit; and

     (b) Disclose the nature of the gift or other benefit. This disclosure must specify:

          (1) What the potential purchaser will actually receive;

          (2) When he will receive it;

          (3) His obligations, if any;

          (4) All other material conditions or limitations to his receipt of the gift or benefit;

          (5) The actual value of the gift or benefit; and

          (6) If the offering constitutes a chance to win a gift or other benefit, the probability of winning conspicuously stated in plain language.

     3. Any change in the date of expiration of the rights of a recipient to a gift or other benefit or in the identity of a supplier of goods or services used in the program is a material change in the written plan, and notice of the change must be given to the division for its written approval before the change becomes effective.

     4. When the developer, broker of record, sales agent or registered representative meets with a recipient of a gift or other benefit, he shall clearly identify himself and his status of employment with regard to the campground.

     (Added to NAC by Real Estate Div., eff. 2-18-87; A 10-23-87)