Sec. 622.053. ADVERTISEMENT OR INSERT IN MAGAZINE, NEWSPAPER, OR CATALOG    


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  • This chapter does not apply to a sweepstakes conducted through an advertisement or insert in:

    (1) a magazine or newspaper:

    (A) that is a publication in which more than 40 percent of the total column inches in each issue consist of advertising space purchased by companies other than:

    (i) the publisher;

    (ii) an affiliate of the publisher; or

    (iii) a vendor for the publisher or an affiliate; and

    (B) that is a publication for which more than 50 percent of the total number of copies distributed of each issue are provided to customers who paid for the copy; or

    (2) a catalog that is a promotional booklet listing merchandise for sale and that:

    (A) is at least 24 pages long;

    (B) has a circulation of at least 250,000; and

    (C) either:

    (i) requires customers to go to a physical location to purchase the advertised items; or

    (ii) is published by a company that derives more than 50 percent of the company's total gross revenue from sales occurring at physical locations.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 , Sec. 2.01, eff. April 1, 2009.