Hensley Group

Volume 113 · 113 F.T.C. 82

Citation: 113 F.T.C. 82
Docket: 9230
Complaint: 1989-07-17
Decision: 1990-01-10
Document type: consent order
Case type: consumer protection
Statutes: FTC Act (section 5)
Industry: timeshare promotion
Outcome: consent order entered
Relief: cease_and_desist; affirmative_disclosure
Commission counsel: Terrence J. Boyle and Eileen Harrington
Respondent counsel: Frank T. Eclc, Eck, Collins Anderson Richmond, VA. COMPLAIXT The Federal Trade Commission, having reason to believe that The Hensley Group, a corporation, and H. Lloyd Hensley, individually and as an officer of said corporation ("respondents ), have violated certain provisions of the Federal Trade Commission Act FTC Act"), 15 C. 41 et seg. and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest alleges:
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Hensley Group, 113 F.T.C. 82 (1990). Consumer Law Library, https://consumerlawlibrary.org/decisions/v113-0023

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Order status: unknown. Sunset may be extended by the latest qualifying federal-court complaint alleging an order violation; complaints, dismissal/appeal outcomes, and respondent-specific extensions are not fully tracked.

Cited by 0 later FTC decisions

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Complaint 118 F.T.C.

IN THE MATTER OF

THE HENSLEY GROUP, ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket 9230. Complaint, July 17, 1989—Decision, January 10, 1990

This consent order prohibits, among other things, an Alexandria, Va. timeshare promoter and its president from representing that a consumer has won a specified prize when he or she has not won the specified prize. The order requires respondents to disclose any applicable costs immediately following reference to the prize.

Appearances

For the Commission: Terrence J. Boyle and Eileen Harrington.

For the respondents: Frank T. Eck, Eck, Collins & Anderson, Richmond, VA.

COMPLAINT

The Federal Trade Commission, having reason to believe that The Hensley Group, a corporation, and H. Lloyd Hensley, individually and as an officer of said corporation ("respondents"), have violated certain provisions of the Federal Trade Commission Act, ("FTC Act"), 15 U.S.C. 41 et seq., and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, alleges:

PARAGRAPH 1. The Hensley Group, is a Virginia corporation with its principal office and place of business located at 4701 A Eisenhower Avenue, Alexandria, Virginia.

H. Lloyd Hensley is an officer of The Hensley Group. He formulates, directs and controls the acts and practices of The Hensley Group, including the acts and practices hereinafter set forth. His address is the same as that of The Hensley Group.

PAR. 2. (a) Since at least 1987, respondents have created and disseminated promotional mailings such as attached Exhibits 1-2 throughout the United States to promote the sale of resort memberships and other recreational or real property interests.

HENSLEY GROUP, ET AL. 87

86 Complaint

(b) Respondents' promotional mailings make numerous representations regarding prizes or gifts to be awarded to consumers who appear at the site at which resort memberships or other recreational or real property interests are sold.

PAR. 3. The acts and practices of respondents alleged in this complaint have been in or affecting commerce. PAR. 4. In numerous instances, respondents have represented, directly or by implication, that a named consumer has won one or more specified prizes.

PAR. 5. In truth and in fact, the named consumer has not won the specified prizes. Therefore, the representations set forth in paragraph four were false and misleading.

PAR. 6. In numerous instances, respondents have represented, directly or by implication, that a consumer will receive one or more prizes for no cost.

PAR. 7. In truth and in fact, consumers are unable to receive one or more prizes without paying additional costs. Therefore, the representations set forth in paragraph six were false and misleading. PAR. 8. The acts and practices of respondents as alleged in this complaint constitute unfair and deceptive acts or practices in or affecting commerce in violation of Section 5(a) of the FTC Act, 15 U.S.C. 45(a).

Complaint 118 F.T.C.

EXHIBIT 1

Certificate Of Trust Code: 097944 **CR10 To Mrs. M. A. Laurello 6613 Huntsman Boulevard Springfield, Virginia 22152

Be it known that Mrs. Laurello is hereby entitled to the sum of ONE HUNDRED THOUSAND AND 00/100 DOLLARS payable as award 1988 BMW 325 AUTOMOBILE upon your presenting the Certificate of Trust to the redemption center listed below evidencing you to be the holder as registered herein at the time award event is the expiration date of November 16, 1988

As the recipient of the top (1) grand prize, you will additionally receive an additional redeemable for $10,000.00 voucher upon your presenting the Certificate of Trust to the redemption center evidencing Mrs. Laurello to be the holder as registered herein at the time award event is the expiration date of November 16, 1988

CONFIRMED Charles Buck Sole Donor

For it is known that millions of dollars worth of prizes have been and will be awarded to families throughout America. A list is attached hereto which illustrates a partial list of winners.

Claim Numbers 01530 and 19998

MRS. LAURELLO OF VIRGINIA MRS. M. A. LAURELLO 6613 HUNTSMAN SPRINGFIELD, VIRGINIA 22152

MRS. M. A. LAURELLO 6613 HUNTSMAN SPRINGFIELD, VIRGINIA 22152

MRS. M. A. LAURELLO 6613 HUNTSMAN SPRINGFIELD,

HENSLEY GROUP, ET AL.

Complaint

AWARD REDEMPTION RULES must be of legal age to participate in this program. If married both husband and wife must sign the Redemption Agreement and any other instruments required to transfer title. Similarly, if title is held by more than one person (including where title is held as joint tenants with right of survivorship or as tenants by the entireties) all such persons must execute the Agreement and any other instruments required to transfer title. The term "Transferor" as used in the Agreement includes all persons who must execute the Agreement. The term "Transferee" includes the person or persons acquiring title. The term "Redemption" means the transfer of the Premises to the Redevelopment Authority pursuant to the Agreement. The term "Redemption Price" means the amount to be paid by the Redevelopment Authority for the Premises as provided in the Agreement. The term "Fair Market Value" means the fair market value of the Premises as hereinafter defined. The term "Owner" means the Owner or Owners of the Premises. The term "Mortgagee" means the holder of a mortgage on the Premises. The term "Agreement" means the Agreement between the Redevelopment Authority and Transferor. The term "Redevelopment Authority" means the Redevelopment Authority of the City of Philadelphia.

2. The Redevelopment Authority will pay the Redemption Price to the Transferor in cash or by its check as provided in the Agreement. The Redemption Price will be the lesser of (a) the Fair Market Value of the Premises, or (b) the "Maximum Redemption Price" as hereinafter defined. The Maximum Redemption Price is One Hundred Fifty Thousand ($150,000.00) Dollars.

3. The Fair Market Value of the Premises will be determined by an appraiser or appraisers selected by the Redevelopment Authority. The appraiser or appraisers will determine the Fair Market Value of the Premises as of the date of the Agreement. The Redevelopment Authority will notify the Transferor in writing of the Fair Market Value of the Premises within thirty (30) days after the date of the Agreement. The Transferor will have thirty (30) days after receipt of such notice to notify the Redevelopment Authority in writing of its disagreement with the Fair Market Value determined by the Redevelopment Authority's appraiser or appraisers. If the Transferor does not so notify the Redevelopment Authority within such thirty (30) day period, the Fair Market Value determined by the Redevelopment Authority's appraiser or appraisers will be conclusive and binding on the Transferor. If the Transferor does so notify the Redevelopment Authority of its disagreement, the Fair Market Value will be determined by three appraisers, one to be selected by the Redevelopment Authority, one to be selected by the Transferor, and the third to be selected by the two appraisers so selected. The appraisers will determine the Fair Market Value of the Premises as of the date of the Agreement. The determination of the appraisers, or a majority of them, will be conclusive and binding on the Redevelopment Authority and the Transferor. The Redevelopment Authority and the Transferor will each pay the fees and expenses of the appraiser selected by it, and will each pay one-half of the fees and expenses of the third appraiser.

4. The Redevelopment Authority will pay the Redemption Price to the Transferor within sixty (60) days after the date of the Agreement, or, if the Fair Market Value is determined by appraisers as provided in Paragraph 3, within sixty (60) days after the date of the determination of the appraisers. The Redevelopment Authority will pay the Redemption Price to the Transferor by its check, and the Transferor will deliver to the Redevelopment Authority a deed to the Premises, free and clear of all liens and encumbrances, in form satisfactory to the Redevelopment Authority, and will execute and deliver to the Redevelopment Authority such other instruments as the Redevelopment Authority may reasonably require to transfer title to the Premises to the Redevelopment Authority.

5. The Transferor will have the right to remain in possession of the Premises for a period of time after the date of the Agreement as provided in the Agreement. The Transferor will pay to the Redevelopment Authority a rental for the Premises for such period of time in the amount provided in the Agreement. The Transferor will also pay all taxes, water rents, sewer rents, and other charges against the Premises accruing during such period of time. The Transferor will maintain the Premises in good order and repair, and will comply with all laws and regulations applicable to the Premises. The Transferor will not commit waste, and will not do anything to decrease the value of the Premises. The Transferor will not assign the Agreement or sublet the Premises without the prior written consent of the Redevelopment Authority.

6. If the Transferor fails to comply with any of the terms and conditions of the Agreement, the Redevelopment Authority may, at its option, terminate the Agreement and retain any amounts theretofore paid to the Transferor on account of the Redemption Price. The Redevelopment Authority may also pursue any other remedies available to it at law or in equity.

7. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

8. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

9. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

10. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

11. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

12. The Agreement may not be amended or modified except by a written instrument executed by both parties.

13. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

14. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

15. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

17. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

18. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

19. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

20. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

21. The Agreement may not be amended or modified except by a written instrument executed by both parties.

22. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

23. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

24. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

25. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

26. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

27. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

28. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

29. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

30. The Agreement may not be amended or modified except by a written instrument executed by both parties.

31. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

32. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

33. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

34. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

35. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

36. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

37. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

38. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

39. The Agreement may not be amended or modified except by a written instrument executed by both parties.

40. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

41. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

42. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

43. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

44. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

45. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

46. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

47. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

48. The Agreement may not be amended or modified except by a written instrument executed by both parties.

49. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

50. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

51. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

52. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

53. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

54. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

55. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

56. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

57. The Agreement may not be amended or modified except by a written instrument executed by both parties.

58. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

59. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

60. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

61. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

62. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

63. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

64. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

65. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

66. The Agreement may not be amended or modified except by a written instrument executed by both parties.

67. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

68. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

69. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

70. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

71. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

72. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

73. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

74. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

75. The Agreement may not be amended or modified except by a written instrument executed by both parties.

76. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

77. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

78. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

79. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

80. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

81. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

82. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

83. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

84. The Agreement may not be amended or modified except by a written instrument executed by both parties.

85. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

86. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

87. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

88. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

89. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

90. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

91. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

92. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

93. The Agreement may not be amended or modified except by a written instrument executed by both parties.

94. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

95. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

96. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

97. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

98. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

99. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

100. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

101. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

102. The Agreement may not be amended or modified except by a written instrument executed by both parties.

103. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

104. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

105. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

106. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

107. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

108. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

109. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

110. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

111. The Agreement may not be amended or modified except by a written instrument executed by both parties.

112. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

113. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

114. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

115. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

116. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

117. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

118. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

119. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

120. The Agreement may not be amended or modified except by a written instrument executed by both parties.

121. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

122. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

123. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

124. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

125. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

126. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

127. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

128. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

129. The Agreement may not be amended or modified except by a written instrument executed by both parties.

130. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

131. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

132. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

133. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

134. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

135. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

136. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

137. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

138. The Agreement may not be amended or modified except by a written instrument executed by both parties.

139. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

140. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

141. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

142. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

143. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

144. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

145. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

146. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

147. The Agreement may not be amended or modified except by a written instrument executed by both parties.

148. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

149. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

150. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

151. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

152. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

153. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

154. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

155. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

156. The Agreement may not be amended or modified except by a written instrument executed by both parties.

157. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

158. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

159. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

160. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

161. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

162. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

163. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

164. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

165. The Agreement may not be amended or modified except by a written instrument executed by both parties.

166. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

167. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

168. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

169. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

170. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

171. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

172. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

173. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

174. The Agreement may not be amended or modified except by a written instrument executed by both parties.

175. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

176. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

177. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

178. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

179. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

180. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

181. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

182. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

183. The Agreement may not be amended or modified except by a written instrument executed by both parties.

184. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

185. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

186. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

187. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

188. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

189. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

190. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

191. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

192. The Agreement may not be amended or modified except by a written instrument executed by both parties.

193. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

194. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

195. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

196. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

197. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

198. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

199. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

200. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

201. The Agreement may not be amended or modified except by a written instrument executed by both parties.

202. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

203. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

204. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

205. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

206. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

207. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

208. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

209. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

210. The Agreement may not be amended or modified except by a written instrument executed by both parties.

211. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

212. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

213. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

214. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

215. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

216. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

217. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

218. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

219. The Agreement may not be amended or modified except by a written instrument executed by both parties.

220. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

221. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

222. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

223. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

224. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

225. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

226. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

227. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

228. The Agreement may not be amended or modified except by a written instrument executed by both parties.

229. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

230. The headings in the Agreement are for convenience of reference only and will not affect the interpretation of the Agreement.

231. If any provision of the Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

232. The Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

233. The Agreement will be binding upon and inure to the benefit of the parties thereto and their respective heirs, executors, administrators, successors, and assigns.

234. The Agreement may be executed in counterparts, each of which will be deemed an original, and all of which together will constitute one and the same instrument.

235. The Agreement will be effective as of the date it is executed by the Redevelopment Authority.

236. The Agreement sets forth the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior agreements and understandings, whether written or oral, with respect thereto.

237. The Agreement may not be amended or modified except by a written instrument executed by both parties.

238. The Agreement will be construed without regard to any presumption or rule requiring construction against the party causing the Agreement to be drafted.

239. The headings in the Agreement are for convenience of reference only

The image has been rotated 90 degrees clockwise.The text reads:

Complaint

D. 9221

In the Matter of WASHINGTON, D.C. 20580

Caroline Bunker Hunt, et al.

RESTRICTIVE BUSINESS USE

Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said Act, the Federal Trade Commission, having reason to believe that the parties named in the caption hereof, and more particularly described in Paragraph I hereof, have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows:

PARAGRAPH I: Caroline Bunker Hunt, et al.

CERTIFICATE OF MAILING

I, Caroline Bunker, do hereby certify that I have mailed the attached Certificate of Trust.

(illegible signature)

P A I D

PERMIT NO. 2

HENSLEY GROUP, ET AL. 91 86 Complaint

EXHIBIT 2

[Stylized Logo] NATIONAL AWARD ADVISORY COUNCIL DIVISION OF CONSUMER AFFAIRS When you are entitled to receive the top two listed prizes

#CR29 February 2, 1989

Mrs. Richard Davison Prize Claim 304 Brocdieof Drive Nos. 14098, 91388 Vienna, Virginia 22180 Code: 098705

PLEASE COMPLY WITH THIS PETITION

Mrs. Davison is hereby petitioned to claim one (1) 1989 BMW Automobile, and one (1) certificate entitling Mrs. Davison to $10,000.00 worth of Gold Bullion.

Failure to heed this petition will immediately result in the forfeiture of your prizes. You must call 1(800)352-7209 within 72 hours of receipt of this petition to notify us of your intent to claim your stated prizes.

Mrs. Davison, The Council of Equity Adjustments is an independent organization commissioned by national advertising groups to award unclaimed valuable prizes, and certify the distribution of said prizes. The Council has been given your file, and it states that you have been notified one or more times to claim your prizes. The prizes must be distributed, and certification must be made.

MRS. DAVISON, YOU ARE GUARANTEED TO RECEIVE YOUR TWO PRIZES! But there is one condition, you must qualify in accordance with the rules stated on the reverse of this notification. Your opportunity to claim the stated prizes ends on February 17, 1989. After this date, these stated prizes will be released to some other family in Virginia.

Mrs. Davison, call today 1(800)352-7209 to advise of your intent to claim your prizes, and schedule an appointment to visit the local claim center. Our operators are on duty from 11:00 AM to 8:00 PM, Monday through Friday, and 10:00 AM to 2:00 PM on Saturday. You have 72 hours to call.

Sincerely, Cecil K. Tyrone III

Cecil K. Tyrone III

Client: Hensley Group Project: Resort Services Type:

prizes: 1) BMW Car 2) Gold Bullion

Remaining prizes: 3) His & Hers Diamond Watches 4) $200 Gift Check

POST OFFICE BOX 25479 WASHINGTON, D.C. 20007-8479

Complaint 118 F.T.C.

POTOMAC BETHESDA SILVER SPRING TYSON'S CORNER M CLEAN WASHINGTON D.C.

FALLS CHURCH ARLINGTON ANNANDALE ALEXANDRIA IT'S EASY TO GET TO OUR RECEPTION CENTER

FROM VIRGINIA OR MARYLAND: Take Beltway 495 to Exit #6 (Route 236 East). Take Route 236 East approximately 1 1/2 miles. Turn left on John Marr Drive.

FROM WASHINGTON D.C.: Take 395 South to Exit #3 (Route 236 West). Take Route 236 West approximately 5 miles. Turn Right on John Marr Drive.

LOCATION: Resort Services is located at 4201 John Marr Drive in the Hub Center on the 2nd Floor, Suite 210. We look forward to your visit.

AWARD REDEMPTION RULES

You must be of legal age to contractually for this program. If married both you and your spouse must claim your gift together. No purchase is necessary, however you are required to attend a 90 minute sales presentation. Employees of the developer of related entities, present owners, students, and persons with no source of income should not contract with this program. If for any reason it is determined that you do not meet our qualifications, you will be entitled to receive $50 for your time and travel. The person named on the letter must appear at our office, with this letter to claim prizes. This promotion is sponsored by Resort Services. Proof of identification may be required. Tax liability on any prize is the responsibility of the recipient. For security reasons not all items are kept at the Merchandise Warehouse. Tax, License, shipping and handling are the responsibility of the recipient and shall not total more than $499 for the car. Awards and the chance of receiving each are as follows: (1) 1993 Ford Mustang LX 2-Dr. Sedan, 4 Cylinder, 5 Speed, Air Conditioning, AM/FM Cassette, Retail Value $12,000.00. (2) 1993 Geo Tracker 4x4 Convertible, 5 Speed, AM/FM Cassette, Retail Value $12,000.00. (3) 1993 Dodge Shadow, 4 Door Sedan, Automatic, Air Conditioning, AM/FM Cassette, Retail Value $12,000.00. (4) 1993 Ford Escort LX 4 Door Sedan, Automatic, Air Conditioning, AM/FM Cassette, Retail Value $12,000.00. (5) $10,000.00 Gold Check. (6) $5,000.00 Gold Check. (7) $2,500.00 Gold Check. (8) $1,000.00 Gold Check. (9) $500.00 Gold Check. (10) $100.00 Gold Check. (11) $50.00 Gold Check. Odds of winning: (1) 1:42,000, (2) 1:42,000, (3) 1:42,000, (4) 1:42,000, (5) 1:42,000, (6) 1:42,000, (7) 1:42,000, (8) 1:42,000, (9) 1:42,000, (10) 1:42,000, (11) 1:42,000. One of the prizes will be awarded in each participating region. Prizes are not transferable. No substitution of prizes except as may be required by law. All prizes will be awarded. All winners will be notified by mail. All prizes will be awarded within 30 days of the end of the promotion. The sponsor reserves the right to substitute gifts of equal or greater value. Presentation of prize options will vary in different regions. The prize options will be approximately the same. One offer per family. The odds of winning will be determined by the number of eligible entries received. This promotion is not valid in conjunction with any other promotion. The sponsor is not responsible for lost, late, misdirected, or illegible entries. The sponsor reserves the right to disqualify any individual who tampers with the entry process. The sponsor is not responsible for any typographical or other errors in the offer or the administration of the promotion. The sponsor reserves the right to cancel or suspend the promotion should any virus, bug, or other cause beyond the control of the sponsor corrupt the administration, security, or proper play of the promotion. All federal, state, and local laws and regulations apply. Void where prohibited by law. All taxes are the sole responsibility of the prize winner. All winners will be required to sign an affidavit of eligibility and a liability release. By accepting a prize, the winner consents to the use of his/her name and/or likeness for advertising and promotional purposes without additional compensation. All entries become the property of the sponsor and will not be returned. This promotion is sponsored by Resort Services, 4201 John Marr Drive, Suite 210, Annandale, VA 22003. For a list of winners, send a self-addressed stamped envelope to: Resort Services, 4201 John Marr Drive, Suite 210, Annandale, VA 22003. This promotion is not affiliated with the developers of any of the prizes. The developers of the prizes are not sponsors of this promotion. The developers of the prizes are not responsible for the administration of this promotion. The developers of the prizes are not responsible for any errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion. The developers of the prizes are not responsible for any lost, late, misdirected, or illegible entries. The developers of the prizes are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the winner's participation in the promotion or from the acceptance, possession, use, or misuse of any prize. The developers of the prizes are not responsible for any typographical or other errors in the offer or the administration of the promotion

The image has been rotated 90 degrees counterclockwise.OCR result: HENSLEY GROUP, ET AL.

Complaint

PAID URGENT SECOND NOTICE

DATED DOCUMENTS FOR OPENING ONLY

THE COUNSEL OF THE EQUITY ADJUSTMENTS P.O. Box 26419 Washington, D.C. 20017-8419

20 MAY 1979

POSTSCRIPT: If undeliverable as addressed, please refer to Section IV of the official transcript. ADDRESSEE: If you have received this notice in error, please contact the Court at your earliest convenience.

Decision and Order 113 F.T.C.

DECISION AND ORDER

The Commission having heretofore issued its complaint charging the respondents named in the caption hereof with violation of Section 5 of the Federal Trade Commission Act, as amended, and the respondents having been served with a copy of that complaint, together with the notice of contemplated relief; and

The respondents, their attorney, and counsel for the Commission having thereafter executed an agreement containing a consent order, an admission by the respondent of all the jurisdictional facts set forth in the complaint, a statement that the signing of said agreement is for settlement purposes only and does not constitute an admission by respondents that the law has been violated as alleged in such complaint, and waivers and other provisions as required by the Commission's Rules; and

The Secretary of the Commission having thereafter withdrawn this matter from adjudication in accordance with Section 3.25(c) of its Rules; and

The Commission having considered the matter and having thereupon accepted the executed consent agreement and placed such agreement on the public record for a period of sixty (60) days, now in further conformity with the procedure prescribed in Section 3.25(f) of its Rules, the Commission hereby makes the following jurisdictional findings and enters the following order:

1. Respondent The Hensley Group is a corporation organized, existing and doing business under and by virtue of the laws of the State of Virginia with its office and principal place of business located at 4701 A Eisenhower Avenue, in the City of Alexandria, State of Virginia.

Respondent H. Lloyd Hensley is an officer of The Hensley Group. He formulates, directs and controls the acts and practices which are the basis of the Commission's administrative complaint. His address is 4701 A Eisenhower Avenue, in the City of Alexandria, State of Virginia.

The Federal Trade Commission has jurisdiction of the subject matter of this proceeding and of the respondents, and the proceeding is in the public interest.

HENSLEY GROUP, ET AL. 95

86 Decision and Order

ORDER

It is ordered, That respondents, The Hensley Group, a corporation, its successors and assigns, and its officers, and H. Lloyd Hensley, individually and as an officer of said corporation, and respondents' agents, representatives, and employees, directly or through any corporation, subsidiary, division or other device, do forthwith cease and desist from representing, directly or by implication, that a consumer has won a specified prize, award, gift, bonus, premium, or any other good or service which is similarly described when in fact the consumer has not won the specified prize, gift, bonus, premium, or other good or service similarly described.

II.

It is further ordered, That respondents, The Hensley Group, a corporation, its successors and assigns, and its officers, and H. Lloyd Hensley, individually and as an officer of said corporation, and respondents' agents, representatives, and employees, directly or through any corporation, subsidiary, division or other device, do forthwith cease and desist from representing, directly or by implication to any consumer that they will receive a prize, award, gift, bonus, premium, or any other good or service which is similarly described, without disclosing fully, in type of equal size to that used to identify such good or service and immediately following each good or service thus represented, any cost that the consumer must pay to receive such good or service.

III.

It is further ordered, That respondents, The Hensley Group, a corporation, its successors and assigns, and H. Lloyd Hensley, individually and as an officer of said corporation, shall for three years after the date the representation was last made maintain and upon request make available to the Federal Trade Commission for inspection and copying accurate records of (1) all advertising, promotional or sales materials containing representations regarding prize or gift offerings and (2) all prizes or gifts awarded pursuant to such offerings.

Decision and Order 113 F.T.C.

IV.

It is further ordered, That respondents shall notify the Commission at least thirty (30) days prior to any proposed change in the corporate respondent such as dissolution, assignment or sale resulting in the emergence of a successor corporation, the creation or dissolution of subsidiaries or any other change in the corporation which may affect compliance obligations arising out of the order.

It is further ordered, That the individual respondent named herein promptly notify the Commission of the discontinuance of his present business or employment and of his affiliation with a new business or employment. In addition, for a period of 10 years from the date of service of this order, the respondent shall promptly notify the Commission of each affiliation with a new business or employment in which the respondent is newly engaged as well as a description of respondent's duties and responsibilities in connection with the business or employment. The expiration of the notice provision of this paragraph shall not affect any other obligation arising under this order.

VI.

It is further ordered, That respondents shall, within sixty (60) days after service of this order, file with the Commission a report, in writing, setting forth in detail the manner and form in which they have complied with all requirements of this order. Commissioner Owen not participating.

NUTRONICS CORPORATION, ET AL. 97

97 Complaint

IN THE MATTER OF

NUTRONICS CORPORATION, ET AL.

CONSENT ORDER, ETC., IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT

Docket C-3281. Complaint, Jan. 16, 1990—Decision, Jan. 16, 1990

This consent order requires, among other things, a Longmont, Co. manufacturer of the Alter-Brake System (ABS) to have competent and reliable scientific research to substantiate its increased fuel-saving claims, to cease misrepresenting that its ABS device has been approved by the government for sale to the public, and to display a disclaimer when making any representation of improved fuel economy or performance through the use of any such device.

Appearances

For the Commission: R. Norman Cramer, Jr., Claude C. Wild III and Mitchell B. Davis.

For the respondents: Paul A. Morris, Boulder, CO.

COMPLAINT

Pursuant to the provisions of the Federal Trade Commission Act, and by virtue of the authority vested in it by said act, the Federal Trade Commission, having reason to believe that Nutronics Corporation and Gary Kelsay, individually and as an officer of Nutronics Corporation (collectively the “respondents”), have violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges as follows:

PARAGRAPH 1. Respondent Nutronics Corporation is a corporation organized and existing under the laws of the State of Nevada. It is qualified to do business in the State of Colorado as a foreign corporation with its office and principal place of business located at 700 Weaver Park Road, Suite A, Longmont, Colorado.

PAR. 2. Respondent Gary Kelsay is President and CEO of corporate respondent Nutronics Corporation. He formulates, directs and controls the acts and practices of said corporate respondent, including the acts and practices hereinafter set forth.

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