S.D. Codified Laws § 37-32-10

Current through the 2024 Legislative Session

Section 37-32-10 - Prize unavailable

A solicitor who represents to an individual in a written prize notice that the individual has won or will receive a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:

(1) Any other prize listed in the written prize notice that is available and that is of equal or greater value;

(2) The verifiable retail value of the prize in the form of cash, a money order, or a certified check; or

(3) A voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the individual within thirty days at no cost to the individual.

If a voucher, certificate, or other evidence of obligation delivered pursuant to subdivision (3) is not honored within thirty days, the solicitor shall deliver the verifiable retail value of the prize in the form of cash, a money order, or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.

SDCL 37-32-10

SL 1997, ch 223, § 10.