Code of Maine Rules
16 - DEPARTMENT OF PUBLIC SAFETY
633 - GAMBLING CONTROL BOARD
Chapter 28 - ADVANCE DEPOSIT WAGERING
Section 633-28-8 - PROMOTE AND ADVERTISE
Current through 2024-38, September 18, 2024
The Board finds that the State of Maine has a compelling interest in deterring excessive use of alcohol and tobacco products, especially by minors. The Board finds that the State of Maine has a compelling interest in that advance deposit wagering is conducted by persons 18 years of age or older, as evidenced by the provisions in 8 M.R.S. Chapter 31, Subchapter 7 and 8 M.R.S. Chapter 11 that are applicable to persons younger than the age of 18.
All advertising, marketing and promotional materials (referred to collectively as "advertising") related to advance deposit wagering shall be filed with the Board thirty (30) calendar days prior to use. This section can be waived, in writing, by the Board or its designee. Advertising materials that have been previously filed with the Board and that have not been substantially altered need not be pre-filed, but may be filed with the Board contemporaneously with distribution.
Advertising shall comply with the following standards:
A. False, misleading and deceptive advertising is prohibited.
B. Depictions of the use of alcohol and tobacco are prohibited.
C. Depictions of persons under the age of 18 engaged in wagering are prohibited.
D. Guarantees of success, riches or winnings are prohibited.
E. Advertising must include a disclaimer as follows: "Persons under 18 years of age may not apply for an advance deposit wagering account or place advance deposits or wagers."
F. Advertising must comply with all applicable Maine and federal laws.
On receipt of notice from the Board that advertising may be in violation of these rules or other laws of the State of Maine and upon request by the Board or its designee to do so, the advance deposit wagering licensee will suspend, or cause its agent or representative to suspend, the advertising campaign. Suspension of the use of the advertising materials in question will continue pending resolution of the matter, including any proceedings pursuant to 8 M.R.S. Chapter 31, Subchapter 5.