Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Internet or mobile gaming shall only be engaged in by patrons who have
established an Internet or mobile gaming account.
(b) The message "If you or someone you know
has a gambling problem and wants help, call 1-800-Gambler" shall be displayed
prominently within the Internet or mobile gaming log on screen and a command to
display this message on the log off screen shall be transmitted whenever the
system detects a log off.
(c) When
a patron logs on to an Internet or mobile gaming system, the system shall
display the date and time of the patron's previous log on.
(d) If a patron has suspended his or her
account, a casino licensee shall not send gaming-related electronic mail to
such patron while the account is suspended.
(e) The Internet or mobile gaming system
shall employ a mechanism to detect the physical location of a patron upon
logging into the gaming system and as frequently as specified in the Internet
gaming permit holder's approved submission. If the system detects that the
physical location of the patron is in an area unauthorized for Internet or
mobile gaming, the system shall not accept wagers until such time that the
patron is in an authorized location as follows:
1. Mobile gaming shall only occur within the
property boundaries of an approved casino hotel facility. For purposes of this
chapter, the approved casino hotel facility shall include any area located
within the property boundaries of the casino hotel facility, including any
recreation area or swimming pool, where mobile gaming devices may be used by
patrons, but excluding parking garages or parking areas. A mobile gaming system
shall disable all gaming activity on a client terminal whenever it is removed
from the property boundaries; and
2. Internet gaming shall only occur within
the State of New Jersey, unless the conduct of such gaming is not inconsistent
with Federal law, law of the jurisdiction, including any foreign nation, in
which the participating patron is located, or such gaming activity is conducted
pursuant to a reciprocal agreement to which this State is a party that is not
inconsistent with Federal law.
(f) A client terminal used for Internet or
mobile gaming shall not contain patron account information or game logic that
determines the outcome of any game.
(g) Client terminal software used for
Internet or mobile gaming shall not contain unauthorized data collection, file
extraction, malware, or any other feature that compromises the integrity of the
client terminal or the data contained therein.
(h) Software utilized for Internet or mobile
gaming shall either:
1. Continuously display
the current time in the time zone where the game server is physically located
and the time elapsed while in the current patron session; or
2. Cause a pop-up notification, at least
every half-hour, to be prominently displayed on the client terminal advising
the patron of the current time and the amount of time elapsed since his or her
log on.
(i) A casino
licensee offering Internet wagering shall have an Internet gaming manager
responsible for the operation and integrity of Internet gaming and reviewing
all reports of suspicious behavior. A casino licensee offering mobile wagering
shall have a mobile gaming manager responsible for ensuring the operation and
integrity of mobile gaming and reviewing all reports of suspicious behavior.
The Internet or mobile gaming manager shall be a key employee, however nothing
shall preclude a casino licensee from having one key employee perform the
functions of both the Internet and mobile gaming managers. The Internet and
mobile gaming manager(s) shall immediately notify the Division upon detecting
any person participating in Internet or mobile wagering who is:
1. Engaging in or attempting to engage in, or
who is reasonably suspected of cheating, theft, embezzlement, collusion, money
laundering, or any other illegal activities, including those activities
prohibited in Article 9 of the Act;
2. Required to be excluded pursuant to
5:12-71, 5:12-71.2, or any person who is prohibited from entering a casino or a
casino simulcasting facility pursuant to 5:12-119(a); or
3. Prohibited by the casino licensee from
Internet wagering.
(j) A
licensee shall file with the Division, internal controls for all aspects of
Internet and mobile gaming operations prior to implementation and any time a
change is made thereafter. The internal controls shall include detailed
procedures for system security, operations, accounting, and reporting of
problem gamblers.
(k) A casino
licensee offering Internet or mobile gaming shall describe in its internal
controls the method for securely issuing, modifying, and resetting a patrons
account password, Personal Identification Number (PIN), or other approved
security feature, where applicable. Any method shall include notification to
the patron following any modification via electronic or regular mail, text
message, or other manner approved by the Division. Such method shall include at
a minimum:
1. Proof of identity, if in
person;
2. The correct response to
two or more challenge questions; or
3. Strong authentication.
(l) All terms and conditions for
Internet or mobile gaming shall be included as an appendix to the internal
controls of the licensee addressing all aspects of the operation, including the
following:
1. Name of the party or parties
with whom the patron is entering into a contractual relationship, including any
licensee;
2. Patron's consent to
have the licensee confirm the patron's age and identity;
3. Rules and obligations applicable to the
patron other than rules of the game including, but not limited to:
i. Prohibition from allowing any other person
to access or use his or her Internet or mobile gaming account;
ii. Prohibition from engaging in Internet or
mobile wagering activity, unless they are physically present in New
Jersey;
iii. Consent to the
monitoring and recording by the operator and/or the Division of any wagering
communications and geographic location information;
iv. Consent to the jurisdiction of the State
of New Jersey to resolve any disputes arising out of Internet or mobile gaming;
and
v. Prohibition against
utilizing automated computerized software or other equivalent mechanism, such
as a "bot," to engage in play.
4. Full explanation of all fees and charges
imposed upon a patron related to gaming transactions;
5. Availability of account statements
detailing patron account activity;
6. Privacy policies, including information
access;
7. Legal age policy,
including a statement that it is a criminal offense to allow a person who is
under the age of 21 to participate in Internet or mobile wagering;
8. Full explanation of all rules applicable
to dormant Internet gaming accounts;
9. Patron's right to set responsible gaming
limits and to self-exclude;
10.
Patron's right to suspend his or her account for a period of no less than 72
hours;
11. Actions that will be
taken in the event a patron becomes disconnected from the Internet or mobile
gaming system during game play;
12.
Notice that a malfunction voids all pays;
13. Estimated time period for withdrawal of
funds from Internet or mobile account; and
14. Information to be displayed on a patron
protection page. The patron protection page shall be accessible to a patron
during a patron session. The patron protection page shall contain, at a
minimum, the following:
i. Method for changing
or retrieving a password or other approved access security feature and the
ability to choose "strong authentication" log in protection;
ii. Method for filing a complaint with the
licensee;
iii. Method for filing
with the Division an unresolved complaint after all reasonable means to resolve
the complaint with the licensee have been exhausted utilizing the Internet
Dispute Form on the Division's website;
iv. Method for obtaining a copy of the terms
and conditions agreed to when establishing an Internet or mobile gaming
account;
v. Method for the patron
to obtain account and game history from the licensee;
vi. Notification that underage gambling is a
criminal offense and that anyone who facilitates someone under the age of 21 to
gamble has committed a criminal offense and shall be prohibited from Internet
gaming;
vii. Notification that the
patron is responsible to configure his or her client terminal's auto-lock
feature to protect the client terminal from unauthorized use;
viii. Notification that a patron is
prohibited from allowing any other person to access or use his or her Internet
or mobile gaming account;
ix.
Notification of Federal prohibitions and restrictions regarding Internet
gaming, specifically, any limitations upon Internet gaming as set forth in
18 U.S.C.
§§
1084 et seq. (The Wire Act) and
31 U.S.C. §§ 3163 through 3167 (UIEGA). The notice shall explicitly
state that it is a Federal offense for persons physically located outside of
New Jersey to engage in Internet wagering through a New Jersey casino, unless
explicitly authorized by the Division; and
x. Notification that for mobile gaming if the
mobile device is removed from the property boundaries of the casino hotel
facility the connection will be terminated.
(m) Whenever the terms and conditions that
apply to Internet or mobile gaming are changed, the licensee shall require a
patron to acknowledge acceptance of such change. Unless otherwise authorized by
the Division, the patron's acknowledgement shall be date and time stamped by
the Internet or mobile gaming system, as applicable.
(n) A casino operator's gaming equipment used
to conduct Internet or mobile gaming shall be located, with the prior approval
of the Division, as set forth below:
1.
Primary gaming equipment shall be located:
i.
In a restricted area on the premises of the casino hotel within the territorial
limits of Atlantic City, New Jersey; or
ii. In another facility owned or leased by
the casino licensee that is secure, inaccessible to the public, and
specifically designed to house that equipment, and where the equipment shall be
under the complete control of the casino licensee or its Internet gaming
affiliate, within the territorial limits of Atlantic City, New Jersey. For the
purposes of this subsection, a secure facility within Atlantic City that is
owned or leased by the casino licensee to house Internet gaming equipment shall
be considered to be part of the casino hotel facility notwithstanding that the
facility may not be contiguous with the premises of the casino hotel.
2. Backup gaming equipment used to
conduct Internet or mobile gaming may also be located:
i. Subject to Division approval, in a
restricted area on the premises of a casino hotel facility within the
territorial limits of Atlantic City to conduct Internet gaming for a time
period not to exceed 60 days unless otherwise authorized by the Division;
or
ii. In another facility owned or
leased by the casino licensee that is secure, inaccessible to the public, and
specifically designed to house that equipment, and where the equipment shall be
under the complete control of the casino licensee or its Internet gaming
affiliate, within the territorial limits of Atlantic City, New Jersey. For the
purposes of this subsection, a secure facility within Atlantic City that is
owned or leased by the casino licensee to house Internet gaming equipment shall
be considered to be part of the casino hotel facility notwithstanding that the
facility may not be contiguous with the premises of the casino hotel.
3. Backup gaming equipment that is
not used to conduct Internet or mobile gaming but which is used only to restore
data to primary Internet gaming equipment may be located within the State of
New Jersey.
(o) Internet
or mobile gaming systems shall require a patron after 15 minutes of user
inactivity, as measured by the Internet or mobile gaming system, to re-enter
his or her username and password.
(p) A casino licensee offering Internet or
mobile gaming shall comply with all Federal requirements including, but not
limited to, suspicious activity reporting and W2-G reporting.
(q) Each casino licensee offering Internet
gaming shall perform an annual system integrity and security assessment
conducted by an independent professional selected by the licensee, subject to
the approval of the Divison. The independent professional's report on the
assessment shall be submitted to the Division annually and shall include:
1. Scope of review;
2. Name and company affiliation of the
individual(s) who conducted the assessment;
3. Date of the assessment;
4. Findings;
5. Recommended corrective action, if
applicable; and
6. Casino
licensee's response to the findings and recommended corrective
action.
(r) A casino
licensee shall investigate each patron complaint related to Internet gaming and
provide a response to the patron within five calendar days. For complaints that
cannot be resolved to the satisfaction of the patron, related to patron
accounts, game outcomes, and/or illegal activity, a copy of the complaint and
licensees response including all relevant documentation shall be provided to
the Division. All other complaints and responses related to Internet gaming
(for example, password problems, online chat disputes and technical matters)
shall be provided biweekly or with such frequency approved by the
Division.
(s) An Internet or mobile
gaming system may offer games that do not require a wager or payment from a
patron's Internet gaming account to patrons who have not exceeded any daily
time-based limit, provided that the games comply with the following
requirements:
1. Any game substantially
similar to a game approved by the Division shall utilize a payout percentage
equal to or less than the lowest payout percentage of the approved
game;
2. Any game not substantially
similar to a game approved by the Division shall prominently display the
following prior to the start of the game and during game play:
i. The game is offered for entertainment
purposes only;
ii. The game is not
approved by the Division; and
iii.
The game outcomes may not be representative of those for a Division-approved
game; and
3. Games
traditionally played on social networks that may require a payment for certain
game features (social games) may be fundable or accessible from a patron's
Internet gaming account provided that the operator provides a clear and
conspicuous notice on the initial screen of any social game and in its terms
and conditions that such social games are not regulated by the
Division.
(t) An
Internet or mobile gaming system shall not induce a patron to continue placing
wagers when play is in session, when the patron attempts to end a session, or
when the patron wins or loses a bet.
(u) An Internet or mobile gaming system shall
allow patrons to access a player protection page at all times while logged into
their Internet or mobile gaming account. The player protection page shall
include all features listed in (l)14 above.
(v) Employees of an Internet gaming operator
who perform activities such as Internet casino accounting, patron
identification and verification, problem gaming detection, anti-money
laundering detection, fraud prevention, or other similar functions and that
require access to confidential patron account information shall be physically
present in New Jersey absent a showing of compelling need by the Internet
gaming operator that the employee should be located elsewhere. Such need shall
be documented by filing a written notice to the Division detailing the
employee's location, job function, and information access rights.
(w) Internet gaming operators and related
vendors shall be prohibited from retaining patron account information without
the expressed written consent of the Internet gaming permit holder.
(x) All Internet gaming operators with
employees who have direct contact with patrons via phone, e-mail, electronic
chat, or other means, shall implement training for those employees, at the
start of their employment and at regular intervals thereafter, addressing areas
set forth in (y)1 through 3 below. If the training requirement under this
subsection follows the standards set forth by the Council on Compulsive
Gambling of New Jersey it shall be deemed sufficient.
1. Recognizing the nature and symptoms of
problem gambling behavior and how to assist players in obtaining information
regarding help for a gambling problem and self-exclusion programs;
2. Responding to patrons who may disclose
that they have a gambling problem; and
3. Responding to reports from third parties,
such as family members, about patrons who may have a gambling
problem.
(y) Internet
gaming operators shall promptly notify all affected Internet gaming managers of
any issues impacting the integrity of Internet gaming operations.
(z) Each Internet gaming site shall display a
responsible gaming logo in a manner approved by the Division to direct a patron
to the site's responsible gaming page. The responsible gaming page shall be
accessible to a patron during a patron session and shall contain, at a minimum,
the following:
1. A prominent message, which
states "If you or someone you know has a gambling problem and wants help, call
1-800-Gambler";
2. A direct link to
the Council on Compulsive Gambling New Jersey, Inc., and one other organization
based in the United States dedicated to helping people with potential gambling
problems;
3. A clear statement of
the Internet gaming operator's policy and commitment to responsible
gaming;
4. Information regarding
the subjects in (z)4i through iv below, or a direct link to information
regarding the following subjects, if available, from an organization based in
the United States dedicated to helping people with potential gambling problems:
i. Practical tips to stay within safe
limits;
ii. Myths associated with
gambling;
iii. Information
regarding the risks associated with gambling; and
iv. The potential signs of a gambling
problem; and
5. Rules
governing self-imposed responsible gaming limits and the ability for the patron
to establish those limits.
(aa) Internet gaming operators shall employ
personnel responsible for the duties of an IT Department as detailed by
N.J.A.C.
13:69D-1.11(b)
3
and 2.
