§ 73.1216   Licensee-conducted contests.

   (a) A licensee that broadcasts or advertises information about a
   contest it conducts shall fully and accurately disclose the material
   terms of the contest, and shall conduct the contest substantially as
   announced or advertised over the air or on the Internet. No contest
   description shall be false, misleading or deceptive with respect to any
   material term.

   (b) The disclosure of material terms shall be made by the station
   conducting the contest by either:

   (1) Periodic disclosures broadcast on the station; or

   (2) Written disclosures on the station's Internet Web site, the
   licensee's Web site, or if neither the individual station nor the
   licensee has its own Web site, any Internet Web site that is publicly
   accessible.

   (c) In the case of disclosure under paragraph (b)(1) of this section, a
   reasonable number of periodic broadcast disclosures is sufficient. In
   the case of disclosure under paragraph (b)(2) of this section, the
   station shall:

   (1) Establish a conspicuous link or tab to material contest terms on
   the home page of the Internet Web site;

   (2) Announce over the air periodically the availability of material
   contest terms on the Web site and identify the Web site address where
   the terms are posted with information sufficient for a consumer to find
   such terms easily; and

   (3) Maintain material contest terms on the Web site for at least thirty
   days after the contest has concluded. Any changes to the material terms
   during the course of the contest must be fully disclosed on air within
   24 hours of the change on the Web site and periodically thereafter or
   the fact that such changes have been made must be announced on air
   within 24 hours of the change, and periodically thereafter, and such
   announcements must direct participants to the written disclosures on
   the Web site. Material contest terms that are disclosed on an Internet
   Web site must be consistent in all substantive respects with those
   mentioned over the air.

   Note 1 to § 73.1216: For the purposes of this section:

   (a) A contest is a scheme in which a prize is offered or awarded, based
   upon chance, diligence, knowledge or skill, to members of the public.

   (b) Material terms include those factors which define the operation of
   the contest and which affect participation therein. Although the
   material terms may vary widely depending upon the exact nature of the
   contest, they will generally include: How to enter or participate;
   eligibility restrictions; entry deadline dates; whether prizes can be
   won; when prizes can be won; the extent, nature and value of prizes;
   basis for valuation of prizes; time and means of selection of winners;
   and/or tie-breaking procedures.

   Note 2 to § 73.1216: In general, the time and manner of disclosure of
   the material terms of a contest are within the licensee's discretion.
   However, the obligation to disclose the material terms arises at the
   time the audience is first told how to enter or participate and
   continues thereafter.

   Note 3 to § 73.1216: This section is not applicable to
   licensee-conducted contests not broadcast or advertised to the general
   public or to a substantial segment thereof, to contests in which the
   general public is not requested or permitted to participate, to the
   commercial advertisement of non-licensee-conducted contests, or to a
   contest conducted by a non-broadcast division of the licensee or by a
   non-broadcast company related to the licensee.

   [ 80 FR 64361 , Oct. 23, 2015]

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