Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 34.00 - Daily fantasy sports contest operators in Massachusetts
Section 34.03 - Definitions

AGO. The Commonwealth of Massachusetts Office of the Attorney General.

Beginner. Any DFS player who has entered fewer than 51 contests offered by a single DFSO who does not meet the definition of Highly-experienced Player by virtue of having won three DFS contest Prizes of $1,000 or more.

Daily Fantasy Sports or DFS. Any contest in which the offer or award of a Prize is connected to the statistical performance or finishing position of one or more persons participating in an underlying amateur or professional competition, but does not include offering or awarding a Prize to the winner of or participants in the underlying competition itself.

Daily Fantasy Sports Operator or DFSO. Any Enterprise that offers, by means of the Internet or smart phone application (or via other electronic or digital media or communication technologies), more than ten Daily Fantasy Sports contests each month to persons who include residents of Massachusetts. An Enterprise is not a Daily Fantasy Sports Operator if it offers only Exempt Contests.

DFS Consumer. Any individual or corporate resident of the Commonwealth of Massachusetts with an account to enter contests on a DFS Contest Platform.

DFS Contest Platform. Any website, smart phone application or other portal providing access to a DFS contest.

DFSO Contractor. Any person or corporate entity who works pursuant to an independent contract with a DFSO and who has regular access to non-public portions of the DFSO's office, to information on the DFSO's computer network that is not publicly available, or to DFSO proprietary information that may affect gameplay.

DFSO Promoter. Any person or corporate entity, who is not a DFSO Contractor as that term is defined herein, that regularly provides advice on gameplay to other DFS players pursuant to an agreement with a DFSO or pursuant to a DFSO's sponsorship.

Enterprise. Any business organization including, without limitation, its subsidiaries and parent entities, its owners, officers, partners and employees as individuals, as well as other related entities that share common ownership, control or management.

Exempt Contests. A DFS contest is an Exempt Contest if it meets one or more of the following criteria:

(a) No Prize is awarded other than game-based virtual currency that cannot be redeemed for cash, merchandise or something else that has value outside the context of gameplay;

(b) The contest is free to all participants;

(c) The Enterprise offering the contest receives no compensation in connection with the contest regardless of the outcome of the contest;

(d) The Prize or Prizes offered are of no greater value than the lowest individual fee charged to a single participant for entering or participating in the contest; or

(e) The contest encompasses an entire season of the activity in which the underlying competition is being conducted, consists of at least 150 underlying competitions, and the Prize or Prizes awarded, if any, are determined by agreement of the participants only in order to distribute fully the participants' contributions to a fund established to award a Prize or Prizes for the contest.

Highly-experienced Player. Any DFS player who has:

(a) entered more than 1,000 contests offered by a single DFSO; or

(b) has won more than three DFS contest Prizes valued at $1,000 or more.

Once a DFS player is classified as Highly-experienced Player, a player will remain classified as such.

Minors. Persons younger than 21 years old.

Prize. Anything of monetary value, including but not limited to, money, contest credits, merchandise, or admission to another contest in which a Prize may be awarded.

Prominently Publish. Material will be considered prominently published within the meaning of this regulation if it is placed, directly or via link, on one or more dashboards or on similar visualization tools that are properly labeled and clearly accessible from the home page of each of a DFSO's Contest Platforms.

Script. Commands that a DFS-related computer program can execute that are created by DFS players (or by third parties for the use of DFS players) to automate processes on a DFS Contest Platform.

Segregated Account. A financial account that segregates funds that are owned by DFS Consumers and that, by its terms, is restricted to funds owned by DFS players in the United States, such that the DFSO's operational funds may not be commingled.