Current through September 9, 2024
(a) Each licensee
shall be responsible for the content and conduct of all gaming related
advertising or marketing developed by, placed or disseminated on its behalf or
to its benefit whether by the licensee, an employee or agent of the licensee,
an affiliated entity or a third party pursuant to contract, regardless of
whether the licensee participated directly in its preparation, placement or
dissemination.
(b) For the purposes
of this section, advertising and marketing shall include, but not be limited
to:
(1) Mail, including electronic
mail;
(2) Telemarketing, including
text messaging;
(3) Broadcast
media;
(4) Billboards and
signage;
(5) Internet
advertising;
(6) Play-for-free
versions of internet games;
(7)
Social media;
(8) Sponsorships;
and
(9) Patron acquisition,
referral, rewards and retention programs.
(c) Each gaming entity licensee shall retain
a copy of all advertising, marketing and other promotional materials intended
to promote any gaming, including a log of when, how, and with whom, those
materials have been published, aired, displayed, or disseminated. A gaming
entity licensee shall also grant the department access to all social media
platforms utilized by the licensee.
(d) All gaming related advertising, marketing
and other promotional materials and the publication log shall be made available
to the department on request.
(e)
All advertising, marketing and other promotional materials published, aired,
displayed, or disseminated by or on behalf of any licensee shall:
(1) Include the message "If you or someone
you know has a gambling problem and wants help, call (888) 789-7777 or visit
ccpg.org/chat," or the equivalent of such message in a language other than
English. The department may update the required phone number or web address to
be displayed by providing ten days' notice to each licensee, after which time
the licensee shall display the new number and address. The department shall
consult with the Department of Mental Health and Addiction Services prior to
revising the required problem gambling message and shall provide ten days'
notice to each licensee, after which time the licensee shall display the new
message;
(2) Not directly advertise
or promote gaming, parimutuel wagering or casino gaming on or off of the
reservations to individuals that are (A) excluded persons, or (B) under
twenty-one years of age, or, if pertaining exclusively to keno, online lottery
and fantasy contests, individuals under eighteen years of age;
(3) State that patrons shall be eighteen or
twenty-one years of age or older, as applicable, to participate;
(4) Not contain images, symbols, celebrity or
entertainer endorsements, or language designed to appeal specifically to those
under twenty-one years of age, or if pertaining exclusively to keno, online
lottery and fantasy contests, individuals under eighteen years of
age;
(5) Not contain inaccurate or
misleading information that would reasonably be expected to confuse and mislead
patrons in order to induce them to engage in gaming;
(6) Not feature anyone who is, or appears to
be, under twenty-one years of age, or, if pertaining exclusively to online
keno, online lottery and fantasy contests, anyone who is, or appears to be,
under eighteen years of age;
(7)
Not be published, aired, displayed, or disseminated in media outlets, including
social media, that appeal primarily to individuals under twenty-one years of
age, or, if pertaining exclusively to online keno, online lottery, and fantasy
contests, individuals under eighteen years of age;
(8) Not be placed before any audience where
the majority of the viewers or participants is presumed to be under twenty-one
years of age, or, if pertaining exclusively to online keno, online lottery and
fantasy contests, under eighteen years of age;
(9) Not imply greater chances of winning
versus other licensees;
(10) Not
imply greater chances of winning based on wagering in greater quantity or
amount, except for online keno and online lottery that include game features
approved by the department that increase the chances of winning;
(11) Not contain claims or representations
that gaming will guarantee an individual's social, financial, or personal
success;
(12) Not use any type,
size, location, lighting, illustration, graphic, depiction or color resulting
in the obscuring of any material fact; and
(13) If a direct advertising, marketing, or
promotion, include a clear and conspicuous link that allows patrons to
unsubscribe by clicking on one link.
(f) Play-for-free versions of internet games
shall not be marketed to individuals under the legal age permitted to place
wagers on the corresponding play-for-money internet games.
(g) All play-for-free versions of internet
games offered by an online gaming operator shall comply with the following:
(1) The online gaming operators shall ask an
individual to verify the individual's age before allowing the individual to
play.
(2) The play-for-free version
of an internet game shall follow the same game rules as the corresponding
play-for-money internet game.
(3)
Online gaming operators shall ensure that play-for-free versions of internet
games accurately represent the likelihood of winning and prize distribution in
the play-for-money internet game.
(4) Play-for-free versions of internet games
shall use the same random number generator as the corresponding play-for-money
internet game.
(5) The distribution
of winnings or prizes in play-for-free versions of internet games shall
accurately represent the play-for-money internet game. For example, where a
play-for-free version of an internet game uses virtual cash, the virtual cash
payouts shall be the same as the corresponding play-for-money internet game,
and where tokens are used, the allocation of tokens as winnings or prizes shall
be proportionate to the stakes and winnings or prizes in the play-for-money
internet game.
(h) Where
videos are used to advertise an internet game's features, the online gaming
operator shall make it clear to consumers where footage has been edited or
sped-up for promotional purposes. Where an online gaming service provider's
website is demonstrating an internet game with higher than normal returns the
online gaming service provider shall make it clear to consumers that it is a
demonstration internet game specifically designed to demonstrate the bonus
features.
(i) No master wagering
licensee or online gaming operator may enter into an agreement with a third
party to conduct advertising or marketing on behalf of, or to the benefit of,
the licensee when compensation is dependent on, or related to, the volume of
patrons or wagers placed, or the outcome of wagers.
(j) Each gaming entity licensee shall ensure
that excluded persons do not receive advertising, marketing or other
promotional materials relating to gaming.
(k) Advertising, marketing, or promotional
materials may not be placed on any website or printed page or medium devoted
primarily to responsible gaming.
(l) Licensees shall provide the requirements
of this section to advertising, marketing, and promotions personnel,
contractors, agents, and agencies and shall require, and be held responsible
for, compliance with the same.
(m)
The following notices and communications shall not be deemed advertising,
marketing, or other promotional materials for purposes of this act: Any sign,
notice, or other information required to be provided by the act or sections
12-865-1 to 12-865-34, inclusive, of the Regulations of the Connecticut State
Agencies, including, without limitation, the following:
(1) Notice regarding the terms and conditions
or official procedures of the internet games; and
(2) The posting of information about rules of
games, payoffs of winning wagers and odds.
(n) A licensee shall discontinue as
expeditiously as possible the use of a particular advertisement in this state
or directed to residents in this state upon receipt of written notice that the
department has determined that the use of the particular advertisement in this
state could adversely impact the public or the integrity of gaming. The
licensee may appeal a determination by the department that a particular
advertisement must be removed by requesting a hearing before the commissioner
in accordance with chapter 54 of the Connecticut General Statutes. Such request
for hearing shall be made in writing to the commissioner within fifteen days of
receipt from the department of the notice requiring such advertisement be
removed and discontinued.
(o) If an
online gaming operator offers complimentaries to patrons that are subject to
conditions in order to redeem the complimentary, such as expiration dates or
engagement in multiple internet games, the online gaming operator shall clearly
disclose all such conditions or limitations to the patron through the following
methods:
(1) In any advertisement or
inducement where complimentaries are advertised;
(2) If being added to an internet gaming
account while a patron is logged into the patron's account, through the use of
a pop-up message; and
(3) If the
offer requires the patron to wager a specific dollar amount to receive the
complimentary, the amount that the patron is required to wager of the patron's
own funds shall be disclosed in the same size and style of font as the amount
of the complimentary.
