N.J. Admin. Code § 13:48-9.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:48-9.2 - Contracts with commercial co-venturers; sales promotion report

(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.

N.J. Admin. Code § 13:48-9.2

Amended by R.2011 d.061, effective 2/22/2011.
See: 42 N.J.R. 1676(a), 43 N.J.R. 439(a).
In (a), substituted "that" for "which", and deleted a comma following "solicitation"; in (b)3, deleted "and" from the end; in (b)4, substituted "provide" for "provides" and "; and" for a period at the end; added (b)5; in (e)2, substituted "A certification from an officer or principal of" for "As reported to the charitable organization by", and inserted "attesting to"; in (e)3, inserted a comma following the second occurrence of "donated" and "value", and deleted "and" from the end; added new (e)4; and recodified former (e)4 as (e)5.