{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/59.1-332.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/59.1-332.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/59.1-332.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/59.1-332.html"}],"law_id":54608,"edition_id":1,"section_id":54608,"structure_id":13388,"section_number":"59.1-332","catch_line":"Conditions on offering items as an inducement to execute","history":"1985, c. 409; 1992, c. 545; 2020, c. 900.","full_text":"A\n\nIt is unlawful for any person by any means, as part of an advertising program, to offer any item of value as an inducement to the recipient to visit a membership camping operator’s campground, attend a sales presentation, or contact a salesperson, unless the person clearly discloses in writing in the offer in readily understandable language each of the following:1\n\nThe name and campground address of the membership camping operator.2\n\nA general statement that the advertising program is being conducted by a membership camping operator and the purpose of any requested visit.3\n\nA statement of odds, in Arabic numerals, of receiving each item offered.4\n\nThe approximate retail value of each item offered.5\n\nThe number of campgrounds that are participating in such advertising program.6\n\nThe restrictions, qualifications, and other conditions that must be satisfied before the recipient is entitled to receive the item, including:\n\t\t\t\ta. Any deadline, if any, by which the recipient must visit the campground, attend the sales presentation, or contact a salesperson in order to receive the item.\n\t\t\t\tb. The approximate duration of any visit and sales presentation.\n\t\t\t\tc. The date upon which the offer shall terminate and the final date upon which the gifts or prizes are to be awarded.\n\t\t\t\td. Any other conditions, such as minimum age qualification, a financial qualification, or a requirement that if the recipient is married both spouses must be present in order to receive the item.7\n\nA statement that the membership camping operator reserves the right to provide a rain check or a substitute or like item, if these rights are reserved.8\n\nAll other material rules, terms, and conditions of the offer or program.B\n\nIt is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to offer any item if the person knows or has reason to know that the offered item will not be available in a sufficient quantity based on the reasonably anticipated response to the offer.C\n\nIt is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to fail to provide any offered item that any recipient who has responded to the offer in the manner specified in the offer, has performed the requirements disclosed in the offer, and has met the qualifications described in the offer is entitled to receive, unless the offered item is not reasonably available and the offer discloses the reservation of a right to provide a rain check or a like or substitute item if the offered item is unavailable.D\n\nIf the person making an offer subject to subsection A is unable to provide an offered item because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person making the offer, the person making the offer shall inform the recipient of the recipient’s right to receive a rain check for the item offered, unless the person making the offer knows or has a reasonable basis for knowing that the item will not be reasonably available at approximately the same price to the person making the offer, and shall inform the recipient of the recipient’s right to at least one of the following additional options:1\n\nThe person making the offer will provide a like item of equivalent or greater retail value or a rain check for the item. This option must be offered if the offered item is not reasonably available.2\n\nThe person making the offer will provide a substitute item of equivalent or greater retail value.3\n\nThe person making the offer will provide a rain check for a like or substitute item.E\n\nIf a rain check is provided, the person making an offer subject to subsection A shall, within a reasonable time, and in any event not more than 90 days after the rain check is provided, deliver the agreed item to the recipient’s address without additional cost or obligation to the recipient, unless the item for which the rain check is provided remains unavailable because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person making the offer. If the item is unavailable for these reasons, the person shall, not more than 30 days after the expiration of the aforesaid 90-day period, deliver a like item of equal or greater retail value or, if the item is not reasonably available to the person at approximately the same price, a substitute item of equal or greater retail value.F\n\nOn the written request of a recipient who has received or claims a right to receive any offered item, the person making an offer subject to subsection A shall furnish to the recipient sufficient evidence showing that the item provided matches the item randomly or otherwise selected for distribution to that recipient.G\n\nIt is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to:1\n\nMisrepresent the size, quantity, identity, or quality of any prize, gift, money, or other item of value offered.2\n\nMisrepresent in any manner the odds of receiving any particular gift, prize, amount of money, or other item of value.3\n\nLabel any offer a “notice of termination” or “notice of cancellation.”4\n\nMaterially misrepresent, in any manner, the offer or program.H\n\nIf any provision of this section is in conflict with the provisions of the Prizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes and Gifts Act shall control.","order_by":null,"text":{"0":{"id":200530,"text":"It is unlawful for any person by any means, as part of an advertising program, to offer any item of value as an inducement to the recipient to visit a membership camping operator’s campground, attend a sales presentation, or contact a salesperson, unless the person clearly discloses in writing in the offer in readily understandable language each of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":200531,"text":"The name and campground address of the membership camping operator.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":200532,"text":"A general statement that the advertising program is being conducted by a membership camping operator and the purpose of any requested visit.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":200533,"text":"A statement of odds, in Arabic numerals, of receiving each item offered.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":200534,"text":"The approximate retail value of each item offered.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":200535,"text":"The number of campgrounds that are participating in such advertising program.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":200536,"text":"The restrictions, qualifications, and other conditions that must be satisfied before the recipient is entitled to receive the item, including:\n\t\t\t\ta. Any deadline, if any, by which the recipient must visit the campground, attend the sales presentation, or contact a salesperson in order to receive the item.\n\t\t\t\tb. The approximate duration of any visit and sales presentation.\n\t\t\t\tc. The date upon which the offer shall terminate and the final date upon which the gifts or prizes are to be awarded.\n\t\t\t\td. Any other conditions, such as minimum age qualification, a financial qualification, or a requirement that if the recipient is married both spouses must be present in order to receive the item.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":200537,"text":"A statement that the membership camping operator reserves the right to provide a rain check or a substitute or like item, if these rights are reserved.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":200538,"text":"All other material rules, terms, and conditions of the offer or program.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"B"},"9":{"id":200539,"text":"It is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to offer any item if the person knows or has reason to know that the offered item will not be available in a sufficient quantity based on the reasonably anticipated response to the offer.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A8","next_prefix":"C"},"10":{"id":200540,"text":"It is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to fail to provide any offered item that any recipient who has responded to the offer in the manner specified in the offer, has performed the requirements disclosed in the offer, and has met the qualifications described in the offer is entitled to receive, unless the offered item is not reasonably available and the offer discloses the reservation of a right to provide a rain check or a like or substitute item if the offered item is unavailable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"11":{"id":200541,"text":"If the person making an offer subject to subsection A is unable to provide an offered item because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person making the offer, the person making the offer shall inform the recipient of the recipient’s right to receive a rain check for the item offered, unless the person making the offer knows or has a reasonable basis for knowing that the item will not be reasonably available at approximately the same price to the person making the offer, and shall inform the recipient of the recipient’s right to at least one of the following additional options:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"12":{"id":200542,"text":"The person making the offer will provide a like item of equivalent or greater retail value or a rain check for the item. This option must be offered if the offered item is not reasonably available.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"13":{"id":200543,"text":"The person making the offer will provide a substitute item of equivalent or greater retail value.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"14":{"id":200544,"text":"The person making the offer will provide a rain check for a like or substitute item.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"15":{"id":200545,"text":"If a rain check is provided, the person making an offer subject to subsection A shall, within a reasonable time, and in any event not more than 90 days after the rain check is provided, deliver the agreed item to the recipient’s address without additional cost or obligation to the recipient, unless the item for which the rain check is provided remains unavailable because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person making the offer. If the item is unavailable for these reasons, the person shall, not more than 30 days after the expiration of the aforesaid 90-day period, deliver a like item of equal or greater retail value or, if the item is not reasonably available to the person at approximately the same price, a substitute item of equal or greater retail value.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"16":{"id":200546,"text":"On the written request of a recipient who has received or claims a right to receive any offered item, the person making an offer subject to subsection A shall furnish to the recipient sufficient evidence showing that the item provided matches the item randomly or otherwise selected for distribution to that recipient.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"17":{"id":200547,"text":"It is unlawful for any person making an offer subject to subsection A, or any employee or agent of the person, to:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"18":{"id":200548,"text":"Misrepresent the size, quantity, identity, or quality of any prize, gift, money, or other item of value offered.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"19":{"id":200549,"text":"Misrepresent in any manner the odds of receiving any particular gift, prize, amount of money, or other item of value.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"20":{"id":200550,"text":"Label any offer a “notice of termination” or “notice of cancellation.”","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"G4"},"21":{"id":200551,"text":"Materially misrepresent, in any manner, the offer or program.","type":"section","prefixes":["G","4"],"prefix":"4","entire_prefix":"G4","prefix_anchor":"G4","level":2,"prior_prefix":"G3","next_prefix":"H"},"22":{"id":200552,"text":"If any provision of this section is in conflict with the provisions of the Prizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes and Gifts Act shall control.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G4"}},"ancestry":[{"id":13388,"edition_id":1,"name":"Protection of Purchasers","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13387,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":260813,"object_type":"structure","relational_id":13388,"identifier":"3","token":"59.1\/25\/3","url":"\/59.1\/25\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13387,"edition_id":1,"name":"Virginia Membership Camping Act","identifier":"25","label":"chapter","depth":2,"order_by":1,"parent_id":12809,"metadata":{},"date_created":"2026-06-26 03:44:47","date_modified":"2026-06-26 03:44:47","permalink":{"id":260739,"object_type":"structure","relational_id":13387,"identifier":"25","token":"59.1\/25","url":"\/59.1\/25\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12809,"edition_id":1,"name":"Trade and Commerce","identifier":"59.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":259521,"object_type":"structure","relational_id":12809,"identifier":"59.1","token":"59.1","url":"\/59.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":54360,"structure_id":13388,"section_number":"59.1-326","catch_line":"Membership camping operator's disclosure statement","url":"\/59.1-326\/","token":"59.1\/25\/3\/59.1-326","metadata":false},{"id":69391,"structure_id":13388,"section_number":"59.1-327","catch_line":"Purchaser's rights","url":"\/59.1-327\/","token":"59.1\/25\/3\/59.1-327","metadata":false},{"id":73946,"structure_id":13388,"section_number":"59.1-328","catch_line":"Membership camping contracts","url":"\/59.1-328\/","token":"59.1\/25\/3\/59.1-328","metadata":false},{"id":71765,"structure_id":13388,"section_number":"59.1-329","catch_line":"Escrow and bonding","url":"\/59.1-329\/","token":"59.1\/25\/3\/59.1-329","metadata":false},{"id":62272,"structure_id":13388,"section_number":"59.1-330","catch_line":"Repealed","url":"\/59.1-330\/","token":"59.1\/25\/3\/59.1-330","metadata":false},{"id":79035,"structure_id":13388,"section_number":"59.1-330.1","catch_line":"Noncomplying contract voidable","url":"\/59.1-330.1\/","token":"59.1\/25\/3\/59.1-330.1","metadata":false},{"id":79248,"structure_id":13388,"section_number":"59.1-330.2","catch_line":"Fraud rendering contract voidable","url":"\/59.1-330.2\/","token":"59.1\/25\/3\/59.1-330.2","metadata":false},{"id":58027,"structure_id":13388,"section_number":"59.1-331","catch_line":"Resale of memberships","url":"\/59.1-331\/","token":"59.1\/25\/3\/59.1-331","metadata":false},{"id":54608,"structure_id":13388,"section_number":"59.1-332","catch_line":"Conditions on offering items as an inducement to execute","url":"\/59.1-332\/","token":"59.1\/25\/3\/59.1-332","metadata":false},{"id":79622,"structure_id":13388,"section_number":"59.1-333","catch_line":"Nondisturbance provisions","url":"\/59.1-333\/","token":"59.1\/25\/3\/59.1-333","metadata":false}],"previous_section":{"id":58027,"structure_id":13388,"section_number":"59.1-331","catch_line":"Resale of memberships","url":"\/59.1-331\/","token":"59.1\/25\/3\/59.1-331","metadata":false},"next_section":{"id":79622,"structure_id":13388,"section_number":"59.1-333","catch_line":"Nondisturbance provisions","url":"\/59.1-333\/","token":"59.1\/25\/3\/59.1-333","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/59.1-332\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 409 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 545; in 2020, chapter 900<\/a>.<\/p>","references":[{"id":62261,"section_number":"59.1-335","catch_line":"Penalties","order_by":null,"url":"\/59.1-335\/"}],"refers_to":[{"id":61833,"section_number":"59.1-415","catch_line":"Definitions","order_by":null,"url":"\/59.1-415\/"}],"permalink":{"id":260847,"object_type":"law","relational_id":54608,"identifier":"59.1-332","token":"59.1\/25\/3\/59.1-332","url":"\/59.1-332\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/59.1-332\/","token":"59.1\/25\/3\/59.1-332","dublin_core":{"Title":"Conditions on offering items as an inducement to execute","Type":"Text","Format":"text\/html","Identifier":"\u00a7 59.1-332","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for any person<\/span> by any means, as part of an advertising program, to offer any item of value as an inducement to the recipient to visit a membership camping operator<\/span>’s campground<\/span>, attend a sales presentation, or contact a salesperson<\/span>, unless the person<\/span> clearly discloses in writing in the offer in readily understandable language each of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The name and campground<\/span> address of the membership camping operator<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A general statement that the advertising program is being conducted by a membership camping operator<\/span> and the purpose of any requested visit. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A statement of odds, in Arabic numerals, of receiving each item offered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The approximate retail value of each item offered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The number of campgrounds<\/span> that are participating in such advertising program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The restrictions, qualifications, and other conditions that must be satisfied before the recipient is entitled to receive the item, including:\n\t\t\t\ta. Any deadline, if any, by which the recipient must visit the campground<\/span>, attend the sales presentation, or contact a salesperson<\/span> in order<\/span> to receive the item.\n\t\t\t\tb. The approximate duration of any visit and sales presentation.\n\t\t\t\tc. The date upon which the offer shall terminate and the final date upon which the gifts or prizes are to be awarded.\n\t\t\t\td. Any other conditions, such as minimum age qualification, a financial qualification, or a requirement that if the recipient is married both spouses must be present in order<\/span> to receive the item. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> A statement that the membership camping operator<\/span> reserves the right to provide a rain check or a substitute or like item, if these rights are reserved. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> All other material<\/span> rules, terms, and conditions of the offer or program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It is unlawful for any person<\/span> making an offer subject to subsection A, or any employee or agent of the person<\/span>, to offer any item if the person<\/span> knows or has reason to know that the offered item will not be available in a sufficient quantity based on the reasonably anticipated response to the offer. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> It is unlawful for any person<\/span> making an offer subject to subsection A, or any employee or agent of the person<\/span>, to fail to provide any offered item that any recipient who has responded to the offer in the manner specified in the offer, has performed the requirements disclosed in the offer, and has met the qualifications described in the offer is entitled to receive, unless the offered item is not reasonably available and the offer discloses the reservation of a right to provide a rain check or a like or substitute item if the offered item is unavailable. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the person<\/span> making an offer subject to subsection A is unable to provide an offered item because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person<\/span> making the offer, the person<\/span> making the offer shall inform the recipient of the recipient’s right to receive a rain check for the item offered, unless the person<\/span> making the offer knows or has a reasonable basis for knowing that the item will not be reasonably available at approximately the same price to the person<\/span> making the offer, and shall inform the recipient of the recipient’s right to at least one of the following additional options: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person<\/span> making the offer will provide a like item of equivalent or greater retail value or a rain check for the item. This option must be offered if the offered item is not reasonably available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person<\/span> making the offer will provide a substitute item of equivalent or greater retail value. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The person<\/span> making the offer will provide a rain check for a like or substitute item. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If a rain check is provided, the person<\/span> making an offer subject to subsection A shall, within a reasonable time, and in any event not more than 90 days after the rain check is provided, deliver the agreed item to the recipient’s address without additional cost or obligation to the recipient, unless the item for which the rain check is provided remains unavailable because of limitations of supply, quantity, or quality not reasonably foreseeable or controllable by the person<\/span> making the offer. If the item is unavailable for these reasons, the person<\/span> shall, not more than 30 days after the expiration of the aforesaid 90-day period, deliver a like item of equal or greater retail value or, if the item is not reasonably available to the person<\/span> at approximately the same price, a substitute item of equal or greater retail value. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> On the written request of a recipient who has received or claims a right to receive any offered item, the person<\/span> making an offer subject to subsection A shall furnish to the recipient sufficient evidence<\/span> showing that the item provided matches the item randomly or otherwise selected for distribution to that recipient. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> It is unlawful for any person<\/span> making an offer subject to subsection A, or any employee or agent of the person<\/span>, to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Misrepresent the size, quantity, identity, or quality of any prize, gift, money, or other item of value offered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Misrepresent in any manner the odds of receiving any particular gift, prize, amount of money, or other item of value. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Label any offer a “notice of termination” or “notice of cancellation.” <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Materially misrepresent, in any manner, the offer or program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If any provision of this section is in conflict with the provisions of the Prizes and Gifts Act (§ 59.1-415<\/a> et seq.), the provisions of the Prizes and Gifts Act shall control. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONS ON OFFERING ITEMS AS AN INDUCEMENT TO EXECUTE (\u00a7 59.1-332)\n\nA. It is unlawful for any person by any means, as part of an advertising\nprogram, to offer any item of value as an inducement to the recipient to visit a\nmembership camping operator’s campground, attend a sales presentation, or\ncontact a salesperson, unless the person clearly discloses in writing in the\noffer in readily understandable language each of the following:\n\n 1. The name and campground address of the membership camping operator.\n\n 2. A general statement that the advertising program is being conducted by a\n membership camping operator and the purpose of any requested visit.\n\n 3. A statement of odds, in Arabic numerals, of receiving each item offered.\n\n 4. The approximate retail value of each item offered.\n\n 5. The number of campgrounds that are participating in such advertising\n program.\n\n 6. The restrictions, qualifications, and other conditions that must be\n satisfied before the recipient is entitled to receive the item, including:\n \t\t\t\ta. Any deadline, if any, by which the recipient must visit the campground,\n attend the sales presentation, or contact a salesperson in order to receive\n the item.\n \t\t\t\tb. The approximate duration of any visit and sales presentation.\n \t\t\t\tc. The date upon which the offer shall terminate and the final date upon\n which the gifts or prizes are to be awarded.\n \t\t\t\td. Any other conditions, such as minimum age qualification, a financial\n qualification, or a requirement that if the recipient is married both spouses\n must be present in order to receive the item.\n\n 7. A statement that the membership camping operator reserves the right to\n provide a rain check or a substitute or like item, if these rights are\n reserved.\n\n 8. All other material rules, terms, and conditions of the offer or program.\n\nB. It is unlawful for any person making an offer subject to subsection A, or any\nemployee or agent of the person, to offer any item if the person knows or has\nreason to know that the offered item will not be available in a sufficient\nquantity based on the reasonably anticipated response to the offer.\n\nC. It is unlawful for any person making an offer subject to subsection A, or any\nemployee or agent of the person, to fail to provide any offered item that any\nrecipient who has responded to the offer in the manner specified in the offer,\nhas performed the requirements disclosed in the offer, and has met the\nqualifications described in the offer is entitled to receive, unless the offered\nitem is not reasonably available and the offer discloses the reservation of a\nright to provide a rain check or a like or substitute item if the offered item\nis unavailable.\n\nD. If the person making an offer subject to subsection A is unable to provide an\noffered item because of limitations of supply, quantity, or quality not\nreasonably foreseeable or controllable by the person making the offer, the\nperson making the offer shall inform the recipient of the recipient’s\nright to receive a rain check for the item offered, unless the person making the\noffer knows or has a reasonable basis for knowing that the item will not be\nreasonably available at approximately the same price to the person making the\noffer, and shall inform the recipient of the recipient’s right to at least\none of the following additional options:\n\n 1. The person making the offer will provide a like item of equivalent or\n greater retail value or a rain check for the item. This option must be offered\n if the offered item is not reasonably available.\n\n 2. The person making the offer will provide a substitute item of equivalent or\n greater retail value.\n\n 3. The person making the offer will provide a rain check for a like or\n substitute item.\n\nE. If a rain check is provided, the person making an offer subject to subsection\nA shall, within a reasonable time, and in any event not more than 90 days after\nthe rain check is provided, deliver the agreed item to the recipient’s\naddress without additional cost or obligation to the recipient, unless the item\nfor which the rain check is provided remains unavailable because of limitations\nof supply, quantity, or quality not reasonably foreseeable or controllable by\nthe person making the offer. If the item is unavailable for these reasons, the\nperson shall, not more than 30 days after the expiration of the aforesaid 90-day\nperiod, deliver a like item of equal or greater retail value or, if the item is\nnot reasonably available to the person at approximately the same price, a\nsubstitute item of equal or greater retail value.\n\nF. On the written request of a recipient who has received or claims a right to\nreceive any offered item, the person making an offer subject to subsection A\nshall furnish to the recipient sufficient evidence showing that the item\nprovided matches the item randomly or otherwise selected for distribution to\nthat recipient.\n\nG. It is unlawful for any person making an offer subject to subsection A, or any\nemployee or agent of the person, to:\n\n 1. Misrepresent the size, quantity, identity, or quality of any prize, gift,\n money, or other item of value offered.\n\n 2. Misrepresent in any manner the odds of receiving any particular gift,\n prize, amount of money, or other item of value.\n\n 3. Label any offer a “notice of termination” or “notice of\n cancellation.”\n\n 4. Materially misrepresent, in any manner, the offer or program.\n\nH. If any provision of this section is in conflict with the provisions of the\nPrizes and Gifts Act (§ 59.1-415 et seq.), the provisions of the Prizes and\nGifts Act shall control.\n\nHISTORY: 1985, c. 409; 1992, c. 545; 2020, c. 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}