Current through Register Vol. 56, No. 18, September 16, 2024
(a) A charitable
organization that permits a charitable sales promotion to be conducted on its behalf
shall obtain a written contract from the commercial co-venturer and shall file a
copy of the agreement with the Attorney General at least 10 business days prior to
the initiation of that charitable sales promotion, solicitation or venture
agreement.
(b) The charitable sales
promotion contract shall include, but is not limited to, the following information:
1. A description of the charitable sales
promotion, solicitation, or venture undertaken, and dates to be commenced and
terminated;
2. The name and address of
the charitable organization and of the commercial co-venturer;
3. The dollar amount or percent per unit of goods
or services purchased or used that will benefit the charitable organization or
purpose. If the actual dollar amount or percent cannot reasonably be determined
prior to the final date of the charitable sales promotion, the commercial
co-venturer shall disclose an estimated dollar amount or percent. Any such estimate
shall be reasonable and shall be based upon all of the relevant facts known to the
commercial co-venturer and the charitable organization regarding the charitable
sales promotion;
4. A requirement that
the commercial co-venturer provide the charitable organization with the gross amount
of income received by the commercial co-venturer attributable to the charitable
sales promotion, solicitation or venture undertaken; and
5. A provision clearly and conspicuously stating
that the parties are subject to the Act and the rules of this chapter.
(c) The contract filing shall include
the fee set forth in
13:48-2.1(a)9.
(d) A charitable organization shall file a
charitable sales promotions report, on forms provided by the Attorney General, with
the Division within 40 days after the expiration of the contract or service
agreement. For campaign contracts lasting more than 12 months, a charitable
organization shall file an interim report within 40 days of the end of each of the
charitable organization's fiscal years. The charitable organization may file the
final report within 40 days after the expiration of the contract or service
agreement or at the end of the last fiscal year of the contract.
(e) A charitable sales promotion campaign report
shall contain the following information:
1. A
description of the charitable sales promotion, solicitation, or venture undertaken
and the dates it commenced and terminated;
2. A certification from an officer or principal of
the commercial co-venturer, attesting to the gross amount of income received by the
commercial co-venturer attributable to the charitable sales promotion, solicitation
or venture;
3. The amount of money or
other contribution remitted to the charitable organization covering each event or
portion of an extended charitable sales promotion, solicitation or venture. If the
contribution is other than money, a list of the donated goods or a description of
the services donated, as well as their dollar value, must be attached to the
report;
4. A copy of each advertisement,
publication, solicitation or other material used as part of the charitable sales
promotion to directly or indirectly induce a contribution; and
5. Any other information as may be requested of
the charitable organization.
(f) This filing shall include the fee set forth in
13:48-2.1(a)
10.
