Current through all regulations passed and filed through September 16, 2024
(A)
Fantasy contest
operators shall draft written internal procedures, which shall, at a minimum,
include procedures for ensuring compliance with all the following:
(1)
Complying with
all applicable state and federal requirements, as well as industry-standard
procedures, to protect the privacy and online security of fantasy contest
players and their accounts, including procedures preventing unauthorized
withdrawals from fantasy contest player accounts;
(2)
Suspending or
banning the account of fantasy contest players who violate a fantasy contest
operator's internal procedures, the rules or terms of a fantasy contest, or
fantasy contest law, applicable to a fantasy contest player;
(3)
Providing fantasy
contest players with free and immediate access to information on playing
responsibly and seeking assistance for compulsive behavior, including at a
minimum:
(a)
The national council on problem gambling's twenty-four hour
confidential helpline, the problem gambling hotline number established under
section 3772.062 of the Revised Code, or
another helpline approved by the executive director that is free of charge to
the fantasy contest player; and
(b)
Educational
information from a reputable mental health or addiction services organization
on identifying, monitoring, and managing compulsive behavior, including
information for individuals assisting a person in doing so;
(4)
Establishing the maximum number of entries that a fantasy contest player may
submit to each fantasy contest and clearly and conspicuously notifying fantasy
contest players of what that limit is prior to the player paying any entry
fee;
(5)
Verifying the identity of fantasy contest
players;
(6)
Prohibiting the following:
(a)
Fantasy contest
operator employees, relatives living in the same household as those employees,
and athletes, coaches, referees, and other participants in the underlying
professional sports competitions from competing in any public fantasy contest
offered by a fantasy contest operator; and
(b)
Anyone from
sharing material nonpublic information gained from a fantasy contest operator
with third parties;
(7)
Governing fantasy
contest operator employees', relatives' living in the same household as those
employees, and athletes', coaches', referees', and other participants'
competition in private fantasy contests to prohibit the misuse of material
nonpublic information gained from a fantasy contest operator in any private
fantasy contest entered;
(8)
Ensuring that fantasy contest operators prohibit access
to all the following:
(a)
Individuals under eighteen years of
age;
(b)
Individuals who, upon request, seek to restrict
themselves from entering fantasy contests; and
(c)
Fantasy contest
players who have been permanently barred or whose accounts have been suspended
by the operator for violating a fantasy contest operator's internal procedures,
the rules or terms of a fantasy contest, or fantasy contest law, applicable to
the fantasy contest player;
(9)
Ensuring that
fantasy contest operators protect fantasy contest player funds from operational
funds in a manner consistent with division (A)(3) of section
3774.03 of the Revised Code and
that fantasy contest player funds are shielded from creditors other than the
fantasy contest players for whose benefit and protection the segregation or
reserve has been established;
(10)
Describing how
entry fees will be returned to fantasy contest players in the event a fantasy
contest is canceled after entry fees have been paid;
(11)
Detailing how
fantasy contest operators will process unclaimed funds in accordance with
Chapter 169. of the Revised Code;
(12)
Ensuring that
fantasy contest operators complete all the following within five business
days:
(a)
Deposit cash and cash equivalent prizes won from fantasy contests into a
fantasy contest player's account;
(b)
Fund withdrawal
requests from a fantasy contest player's account, unless the fantasy contest
operator believes in good faith that the fantasy contest player engaged in
either fraudulent conduct or other conduct that would put the operator in
violation of fantasy contest operator's internal procedures, the rules or terms
of the fantasy contest, fantasy contest law, or other legal requirements. In
which case, the operator may decline to honor the request for withdrawal for a
reasonable investigatory period until its investigation is resolved. For
purposes of this provision, a request for withdrawal will be considered honored
if it is processed by the operator but delayed by a payment processor, credit
card issuer, or by the custodian of a financial account; and
(c)
Requests to close
a fantasy contest player's account;
(13)
Detailing how
non-cash or non-cash equivalent prizes will be given or otherwise made
available to fantasy contest players;
(14)
Prescribing
requirements related to beginning players and highly experienced players,
including, at a minimum:
(a)
The definitions of a beginning player and a highly
experienced player;
(b)
The method by which fantasy contests operators will
clearly and conspicuously identify highly experienced players in fantasy
contests;
(c)
How the fantasy contest operator will offer some
fantasy contests open only to beginning players; and
(d)
The process by
which fantasy contest operators will offer introductory procedures for fantasy
contests for beginning players, which shall:
(i)
Be clearly and
conspicuously offered to a beginning player before that player has paid any
entry fee to the fantasy contest operator;
(ii)
Explain fantasy
contest play, what the definition of a highly experienced player is, and how to
identify highly experienced players; and
(iii)
Recommend
beginning player-only contests as a learning experience;
(15)
Operating a voluntary restriction program for those
individuals who seek to restrict themselves from entering fantasy contests.
This program shall include all the following:
(a)
All notifications
or restrictions offered to players, which shall include complete exclusion and
may include contest entry, entry fee, and deposit limits, among other
notifications or restrictions;
(b)
How fantasy
contest players may request a notification or restriction;
(c)
How fantasy
contest operators will clearly and conspicuously make the program available to
fantasy contest players;
(d)
How fantasy contest players may request to have their
selected notification or restriction adjusted or removed, including allowing
them to have the option to adjust these notifications or restrictions to make
them more restrictive as often as they like but not allowing them to have the
option to remove or make notifications or restrictions less restrictive within
90 days of setting the notification or restriction at issue;
(e)
How the fantasy
contest operator will keep the name and other personal information of those
participating in the program confidential. Nothing in this provision restricts
operators from sharing this information with each other for the sole purpose of
operating joint voluntary restriction programs;
(f)
The duties of the
fantasy contest players enrolled in the voluntary restriction program;
and
(g)
The duties of the fantasy contest operator with respect
to the program, including how the operator will identify and prevent those on
the program from participating in fantasy contests in violation of the selected
restriction or being targeted by the operator's advertisements;
(16)
Identifying authorized scripts that are made readily
available to all fantasy contest players and detecting and preventing
unauthorized scripts and access;
(17)
Creating and
following a third-party audit schedule compliant with rule
3772-74-15
of the Administrative Code;
(18)
Investigating
fantasy contest player complaints that a violation of fantasy contest law has
occurred;
(19)
Monitoring, identifying, investigating, correcting, and
reporting to the executive director any violations in the internal procedures
adopted pursuant to this rule; and
(20)
Any other
internal procedures required by the commission at a meeting held under section
3772.02 of the Revised
Code.
(B)
Fantasy contest operators shall submit the internal
procedures required pursuant to this rule as an appendix to each application
submitted by the fantasy contest operator.
(C)
Fantasy contest
operators who amend these internal procedures prior to the fantasy contest
operator's next application must submit the amendments prior to or
contemporaneous with when the changes are made, with all changes tracked, in
the manner prescribed by the executive director.