NAC598.300. Presumption of solicitation having been made; use of name of person or charitable organization by itself not deemed solicitation; requirements for required disclosures concerning solicitations; disclosure not required in certain circumstances.

     1. For the purposes of NRS 598.1305:

     (a) A solicitation is presumed to have been made whether or not the person making the solicitation receives a contribution or donation.

     (b) A person’s or charitable organization’s use of his, her or its own name in any communication shall not, by itself, be deemed sufficient to constitute a solicitation.

     2. A disclosure made pursuant to NRS 598.1305 must:

     (a) For solicitations made electronically or in written form, be:

          (1) Clear and conspicuous on any printed material, social media account or other Internet website or electronic media which contains information about support for or contributions or donations to the person or charitable organization and on any printed material, social media account or other Internet website or electronic media whereby a solicitation is made, including, without limitation, materials provided for making a response to the solicitation and on a web page that authorizes or performs fulfillment of a contribution or donation.

          (2) If the solicitation consists of more than one piece or page, prominently displayed on any material on which a solicitation occurs.

          (3) Set apart from the other printed content in the communication.

          (4) Of a type size that is sufficient to be clearly readable by the recipient of the communication.

          (5) Printed in black or blue on a white background or, if on a background of another color or with graphics, there must be a reasonable degree of contrast of colors between the print of the disclosure and the background so as to be clearly readable.

     (b) For solicitations made orally or verbally, be provided by the person making the solicitation before the prospective donor makes a commitment to contribute.

     (c) For solicitations made on the Internet and for web pages on an Internet website that contain information about support for or contributions or donations to a person or charitable organization, appear on each web page where the solicitation is made and on the web page that authorizes or performs fulfillment of a contribution or donation.

     3. A disclosure is not required to be made pursuant to NRS 598.1305 if:

     (a) A person or charitable organization receives a contribution or donation that is not the result of a solicitation.

     (b) Materials or verbal communications do not infer, ask or mention a solicitation or a request for support, contribution or donation.

     4. As used in this section, “social media account” means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, electronic mail programs or services, online services or Internet website profiles.

     (Added to NAC by Sec’y of State by R068-13, 12-23-2013, eff. 1-1-2014)