Current through 2024-38, September 18, 2024
1. Each sports
wagering operator shall retain a copy of all advertising, marketing, branding
and other promotional materials promoting or intended to promote any sports
wagering, including a log of when, how, and with whom, those materials have
been published, aired, displayed, or disseminated, for five (5) years. Each
sports wagering operator shall provide a complete copy of any sports wagering
advertising or marketing materials to the Director, or their designee, upon
request. Sports wagering operators shall disclose to the Director all social
media platforms on which they advertise or market sports wagering and will
provide clear identification of every account the operator, or someone on the
operator's behalf, uses to advertise or market sports wagering on each social
media platform. For all directed or targeted advertising and marketing, a
sports wagering operator shall maintain records sufficient to describe all
targeting parameters used.
2. All
advertising, marketing, branding, and other promotional materials by a sports
wagering operator related to sports wagering and the log described in section
(1), above, shall be made available to the Director or his/her designee upon
request.
3. All advertising and
promotions by a sports wagering operator related to sports wagering shall
comply with the following standards:
A.
Inaccurate or misleading statements regarding the likelihood of winning are
prohibited;
B. Guarantees of
success, riches or gambling winnings are prohibited;
C. Depictions of the use of alcohol and
tobacco are prohibited;
D. The use
of cartoon characters, professional or Olympic athletes, celebrities,
entertainers, images, symbols and or language designed to appeal specifically
to those under 21 years old is prohibited;
E. Depictions of persons under the age of 21
engaged in sports wagering is prohibited;
F. Sports wagering shall not be advertised or
marketed in or on any Maine college or university campus that is targeted at or
distributed in such a way to reach an audience that is primarily under 21 years
of age except via generally available advertising;
G. Flyers, handouts or in person account
signups shall not be distributed to or used for any person under 21 years of
age;
H. No sports wagering message
or logo, including trademarks or brand names, should be used or licensed for
use on clothing, toys, games or game equipment for sale in Maine intended
primarily for persons below the age of 21;
I. Sports wagering advertising must include a
disclaimer as follows: "Persons under 21 years of age may not participate in
sports wagering" and the 1-800 GAMBLER hotline phone number shall be included
for assistance;
J. Sports wagering
advertising must not state or imply an endorsement by a minor; and
K. Sports wagering advertising must not
specifically target sports wagering patrons who have a gambling addiction,
including sports wagering patrons who have requested to be restricted from play
temporarily or excluded formally from access to sports wagering
systems.
4. All sports
wagering licensees shall be responsible for the content and conduct of any and
all sports wagering advertising, marketing, or branding done on its behalf or
to its benefit whether conducted by the licensee, an employee, an affiliate, or
any other person or entity.
5.
Offer terms and the record of all offers related to sports wagering shall
include at a minimum:
A. The date and time
presented;
B. The date and time the
offer is active and expires;
C.
Patron eligibility, including any limitations on patron
participation;
D. Any restriction
on withdrawals of funds;
E. The
ability to unsubscribe from direct marketing (i.e. email, text, regular
mail);
F. Wagering requirements and
limitations;
G. The order in which
funds are used for wagers;
H.
Eligible events or wagers; and
I.
Rules regarding cancellation.
6. All promotions and bonuses related to
sports wagering must:
A. Include terms and
conditions that are full, accurate, clear, concise, transparent and do not
contain misleading information;
B.
Ensure advertising materials include material terms and conditions for that
promotion or bonus and have those material terms in close proximity to the
headline claim of the promotion or bonus;
C. Disclose applicable terms if the patron
has to risk or lose the patron's own money as part of the promotion or bonus or
has conditions attached to the patron's own money as a result of the promotion
or bonus;
D. Not be described as
risk free if the patron needs to incur any loss or risk the patron's own money
to use or withdraw winnings from the risk-free bet; and
E. Not restrict the patron from withdrawing
the patron's own funds or withdrawing winnings from bets placed using the
patron's own funds.
7.
For calculating gross sports wagering revenue due the state, free play, sign on
bonuses or any other marketing promotion shall not be given credit towards the
calculation of adjusted gross wagering receipts.
