ADRE LAW BOOK 2025

4. For the purposes of the supervision required under this subsection, a developer may: (a) Operate its own promotional program and provide supervision of its unlicensed telemarketing or other promotional employees through its designated broker. (b) Establish a branch office that is managed by a licensed real estate salesperson under the supervision of the developer’s designated broker and who provides super vision of the developer’s unlicensed telemarketing or other promotional employees. (c) Pursuant to a written promotion agreement: (i) Contract with an unlicensed telemarketer or any other promoter if the agreement requires the developer’s designated broker to provide supervi sion of the telemarketer’s or promoter’s unlicensed telemarketing or other promotional employees. (ii) Contract with a telemarketer or any other promoter who is licensed as a broker in this state if the agreement requires the designated broker of the telemarketer or other promoter to provide supervision of unlicensed tele marketing or other promotional employees. 5. The commissioner may exempt from the supervision requirements of this section a time share developer that is not based in this state and that desires to conduct telemarketing solicitations of residents of this state or a developer that is based in this state but that desires to use the services of a telemarketer that is not located in this state to conduct telemarketing solicitations of residents of this state on written application containing information about the developer, the timeshare plan and the marketing procedures that will be used. The commissioner may grant such an exemption on a showing that supervision equivalent to that required under this section exists. If the developer does not adhere to the marketing procedures submitted with its application for exemption or if there is any material change in the information submitted with the application, the exemption may be denied or revoked. I. A timeshare developer may hold a drawing or contest to solicit interest in or promote timeshare interests if all of the following requirements are met: 1. The timeshare plan has in effect a current public report. 2. The developer is not the subject of an ongoing investigation by the commissioner, unless the commissioner in the commissioner’s discretion gives written permission to the devel oper to hold a drawing or contest. 3. The extent to which the drawing or contest is limited in time and scope and the geo graphic location in which eligible recipients reside are fully disclosed. 4. The estimated odds of winning and all other material terms of the drawing or contest are fully disclosed to all participants. 5. No fee is charged to any person who participates in a drawing or contest. 6. No participant in a drawing or contest, as a condition of participation, is required to attend a timeshare sales presentation or take a site tour. 7. The developer is in compliance with all applicable federal, state and local laws involving drawings or contests. 8. The developer is responsible at all times for the lawful and proper conduct of any draw ing or contest. 9. The developer submits the details of the drawing or contest, including the method of awarding any offered. J. A premium may be given to persons who visit timeshare properties or who attend a timeshare

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