N.C.P.I.—Civil 813.36

The (state number) issue reads:

"Did the defendant unlawfully represent to the plaintiff that he may

win or was eligible to win a prize?"

On this issue the burden of proof is on the plaintiff. This means

that the plaintiff must prove, by the greater weight of the evidence, three

things:

First, that the defendant represented to the plaintiff that he may

win or was eligible to win a prize. A "representation" is any statement

that would lead a reasonable person to believe that he may win or was

eligible to win a prize (including, but not limited to, "congratulations, you

may win" or "you are a finalist").

Second, that the defendant made this representation in connection

with the [sale] [lease] [solicitation for sale] [solicitation for lease] of a

[good] [property] [service].

Third, that the defendant made the representation without clearly

disclosing (one or both of the following):

[on whose behalf the contest or promotion is conducted]

[all material conditions which a participant must meet].

Fourth, that the defendant failed to disclose clearly and

prominently immediately adjacent to the description of the item or prize

to which it relates one or more of the following:

[the actual retail value of each prize]1

[the actual number of each prize to be awarded]

[the odds of winning each prize].

A disclosure is made "clearly and prominently" when it is written or

otherwise communicated in a way that a reasonable person under the

same or similar circumstances would notice and understand it.2

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the

defendant unlawfully represented to the plaintiff that he may win or was

eligible to win a prize, then it would be your duty to answer this issue

"Yes" in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the defendant.