Current through April 3, 2024
In order to maintain its License or Registration, a Licensee or
Registrant is required to maintain certain requirements, conditions, and
programs. Failure to maintain these requirements, conditions, and programs may
result in the suspension or revocation of a License or Registration or
imposition of a fine.
(1) Reserve
Requirements - Licensees
(a) Licensees shall
obtain a Bond in the amount of five hundred thousand dollars ($500,000) in
order to conduct sports wagering in the State of Tennessee. The Bond may be
used to fund the reserve. The company issuing the Bond shall be financially
rated A or better by a nationally recognized rating agency and duly licensed,
admitted, and authorized to transact business in the State of Tennessee.
Licensees shall provide the original Bond to the Council. The Bond shall be
renewable annually and shall list the Council as obligee of the Bond. The Bond
may not be cancelled without a minimum of thirty (30) days prior Written Notice
to the Council. The form of the Bond to be executed will be made available on
the Council's website.
(b)
Licensees also shall maintain a reserve in the form of cash, cash equivalents,
irrevocable letter of credit, in addition to the above-referenced Bond, of not
less than the amount necessary to ensure the ability to cover the outstanding
liability related to the Patron accounts.
The outstanding liability shall be the sum of the following
amounts:
1. Amounts held by the
Licensee for Sports Gaming Patron Accounts;
2. Aggregate amounts accepted by the Licensee
as Wagers on Sporting Events with outcomes that have not been determined;
and
3. Amounts owed but unpaid by
the Licensee on winning Wagers.
(c) Licensees must receive Council approval
in order to remove, release, or withdraw funds necessary to meet the Licensee's
reserve requirement in subdivision (b) of this section for non-Patron purposes.
For the avoidance of doubt, Licensees may remove, release, or withdraw funds
that are held in the reserve account that are in excess of the Licensee's
reserve requirement in subdivision (b) of this section.
(d) Licensees shall calculate their reserve
requirements each day. In the event a Licensee determines that its reserve is
not sufficient to cover the calculated requirement, the Licensee, within
twenty-four (24) hours, must notify the Council of this occurrence and indicate
the steps the Licensee has taken to remedy any deficiency. All reserve funds
must be held with a financial institution that is federally insured by the FDIC
or NCUA and lawfully operating in Tennessee.
(2) Insurance Requirements - Licensees.
(a) Licensees shall provide the Council with
certificates of insurance prior to approval of the License and with each
renewal application. The company issuing the insurance shall be financially
rated A or better by a nationally recognized rating agency and duly licensed,
admitted, and authorized to transact business in the State of
Tennessee.
(b) Subject to paragraph
(c) below, Licensees shall maintain the following types and amounts of
insurance while they are an approved Licensee to conduct Interactive Sports
Gaming activities in the State of Tennessee:
1. Licensees who anticipate, during the
upcoming year of licensure, having less than 100,000 Player accounts and
$15,000,000 in revenue shall maintain the following types and amounts of
insurance:
(i) Cyber Liability insurance in
the amount of five million dollars ($5,000,000); and
(ii) Errors and Omissions insurance in the
amount of five million dollars ($5,000,000).
2. Licensees who anticipate, during the
upcoming year of licensure, having more than 100,000 Player accounts and
$15,000,000 in revenue, shall maintain the following types of insurance:
(i) Cyber Liability insurance in the amount
of ten million dollars ($10,000,000); and
(ii) Errors and Omissions insurance in the
amount of ten million dollars ($10,000,000).
(c) Licensees that are unable to obtain the
coverage amounts specified in
1350-01-.07(2)(b)
must maintain coverage in the maximum amounts allowable by the issuing
insurance company. Such Licensees must provide a notarized statement or letter
from their insurance agent or broker stating that Licensee was unable to obtain
required insurance coverage after diligent effort and the reason for the
deficiency. Such Licensee shall provide the Council with a detailed plan of how
it intends to compensate for the deficiency in insurance coverage, which must
be approved by the Council prior to Licensure.
(3) Periodic Audits.
(a) Licensees.
1. Prior to Licensure and annually thereafter
prior to renewal, Licensees shall submit to the Council an audit of the
financial statements and condition of the Licensee's Interactive Sports Gaming
operations in the State of Tennessee prepared within the preceding twelve-month
period by a Certified Public Accountant in accordance with generally accepted
accounting principles and applicable state and federal law. If a Licensee has
audited financial statements prepared at the parent company level, the Licensee
shall include with its audited consolidated financial statements a supplemental
schedule (either audited or unaudited) of the Operator's Interactive Sports
Gaming operations in Tennessee or an attestation from the Operator's Certified
Public Accountant that the Licensee has implemented procedures to accurately
report all financial data necessary to determine privilege taxes owed by the
Applicant Interactive Sports Gaming operations in Tennessee.
2. Licensees shall establish and maintain
books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting principles and practices that
sufficiently and properly reflect all revenues and expenditures of funds
associated with Interactive Sports Gaming.
3. Licensees shall retain all records,
financial records, supporting documents, statistical records, and any other
documents (including electronic storage media) pertinent to their Interactive
Sports Gaming operations for a minimum period of five (5) years from their
creation.
4. Books and records
pertaining to Interactive Sports Gaming in the State of Tennessee shall be
subject to inspection, review, and audit by the Council at any time within the
sole discretion of the Council. Licensee shall cooperate in any such
inspection, review, or audit.
(b) Registrants.
1. Prior to Registration and annually
thereafter prior to renewal, Registrants shall submit financial statements of
the Registrant's financial condition prepared within the preceding twelve-month
period in accordance with generally accepted accounting principles and
applicable state and federal law. A Registrant Applicant may provide financial
statements prepared at the parent company level.
2. Registrants shall establish and maintain
books, records, and documents (including electronic storage media) in
accordance with generally accepted accounting principles and practices that
sufficiently and properly reflect all revenues and expenditures of funds
associated with Interactive Sports Gaming.
3. Registrants shall retain all records,
financial records, supporting documents, statistical records, and any other
documents (including electronic storage media) pertinent to involvement with
Interactive Sports Gaming for a minimum period of five (5) years from their
creation.
4. Books and records
pertaining to Interactive Sports Gaming in the State of Tennessee shall be
subject to inspection, review, and audit by the Council at any time within the
sole discretion of the Council. Registrant shall cooperate in any such
inspection, review, or audit.
(4) Financial Reporting and Financial Data
Requirements.
(a) The Sports Gaming System
must have the ability to deliver all requested data either by report or data
file to the Council while achieving compliance with standards of integrity,
security, and control required by the Council.
(b) The Sports Gaming System must have the
ability to generate reports or data necessary for the Licensee and the Council
to determine and record the financial data necessary to determine the privilege
tax calculation over a daily, weekly, and monthly period, in a manner
determined by the Council.
(c) All
data required must be submitted in formats approved by the Council. All
Licensees shall utilize the Council's (formerly TEL's) central accounting and
reporting system.
(d) All required
reports shall be generated by the Sports Gaming System, even if the period
specified contains no data to be presented. The report generated shall indicate
all required information and contain an indication of "No Activity" or similar
message if no data appears for the period specified.
(e) The Council may periodically prescribe a
set of standard reporting forms and instructions to be used by each Licensee
for filing daily, weekly, monthly, and/or quarterly reports.
(5) Bank Account.
In order to ensure the security of funds due to the State of
Tennessee for payment of the privilege tax imposed under the Sports Gaming Act,
Licensees shall maintain a bank account, designating the Council as sole
beneficiary, with a financial institution that is federally insured by the FDIC
or NCUA and lawfully operating in Tennessee. This bank account shall be
separate from all other operating accounts of the Licensee and shall hold all
amounts calculated by the Licensee to be owed for payment of the privilege tax
until payment is made pursuant to paragraph (6) below.
(6) Payment of Privilege Tax
(a) There is imposed upon the Gross Handle of
a Licensee a privilege tax of one and eighty-five one hundredths percent
(1.85%) of a Licensee's Gross Handle, less allowable deductions.
(b) A Licensee shall pay the privilege tax
each month based on its Gross Handle for the immediately preceding calendar
month.
(c) A Licensee shall utilize
the Cash Basis for calculating and reporting privilege taxes.
(d) A Licensee may deduct the following
amounts from the prior month's Gross Wagers prior to calculation of the
privilege tax owed:
1. The amount of Federal
Excise Tax paid by the Licensee for the prior month;
2. Cancelled Wagers:
3. Voided Wagers; and
4. Resettled Wagers that result in a negative
adjustment. Resettled Wagers that result in a positive adjustment must be added
to Gross Wagers.
(e) A
Licensee may not deduct the following from its Gross Handle prior to
calculation of the privilege tax owed:
1.
Payouts to Bettors;
2. Promotional
Wagers;
3. Promotional Payouts;
or
4. Anything not specified in
this Rule or that has not otherwise been expressly approved in writing by the
Executive Director or his or her designee prior to the deduction.
(f) The privilege tax for the
immediately preceding calendar month shall be transferred to the Licensee's
escrow account by the fifth (5th) business day of each month. A Licensee shall
contemporaneously, in a manner specified by the Council, submit a report
showing Gross Handle, Gross Wagers, deductions taken in accordance with
subparagraph (d) above, and the total amount of privilege tax owed by the
Licensee.
(7) Sports
Gaming System Technology Integrity and Security Assessment.
(a) Licensees shall, prior to commencing
operations and annually thereafter, prior to renewal, obtain an assessment of
the technological integrity and security of their Sports Gaming Systems
conducted by an Independent Testing Laboratory that is registered as a Vendor
and selected by the Licensee.
(b)
The Independent Testing Laboratory's report on the assessment shall be
submitted to the Council and shall, at a minimum, include:
1. The scope of review, which shall include,
at a minimum, an assessment of the Sports Gaming System's compliance with Rules
1350-01-.06(7)(b)
5., 1350-01-.06(7)(h),
1350-01-.07(7)(a),
1350-03-.03(1) and
(2),
1350-03-.03(4),
1350-03-.03(5),
1350-03-.12(1),
1350-03-.12(8),
and 1350-03-.12(18);
2. Name and company affiliation of the
individual(s) who conducted the assessment;
3. Date of assessment;
4. Findings related to technological
integrity and security in accordance with these Rules;
5. Recommended corrective action, if
applicable; and
6. The Licensee's
response to the findings and recommended corrective action.
(8) Prohibition on
Wagers by and Payouts to Minors.
(a) A
Licensee shall not permit Wagers to be placed by Minors. Each Licensee shall
maintain a system through which it verifies that Wagers are not made by Minors
in accordance with Rule
1350-03-.11. Licensee shall
prohibit any Minor from collecting payouts or winnings from Interactive Sports
Gaming.
(b) Licensee shall provide
the Council information about its methodology for verifying the age of a
Bettor. Licensee shall notify Council of any changes to its methodology, or if
there is a change of any Vendor or provider that provides age verification
services to the Licensee within ten (10) days of any such change.
(c) Licensee's system to verify that Wagers
are not made by Minors and prohibiting payouts to Minors shall be tested and
evaluated as part of the Licensee's Sports Gaming System Operational
Assessment.
(9)
Prohibited Participants.
(a) Licensees shall
not permit Wagers to be placed by Prohibited Participants. A Licensee shall
maintain a system through which it verifies that Wagers are not made by
Prohibited Participants.
(b)
Licensees shall provide the Council information about its methodology for
determining whether or not a Player is ineligible due to his/her inclusion in
one or more classes of Prohibited Participants as enumerated in the Sports
Gaming Act. Licensee shall notify Council of any changes to its methodology
pursuant to the change management provisions contained in Rule
1350-03-.02.
(c) Licensees shall prohibit any Person who
is included in a class of individuals ineligible to place a Wager pursuant to
the Sports Gaming Act from collecting payouts or winnings from Interactive
Sports Gaming.
(d) Licensee's
system to verify that Wagers are not made by Prohibited Participants and
prohibiting payouts to Prohibited Participants shall be tested and evaluated as
part of the Licensee's Sports Gaming System Operational Assessment.
(10) Integrity Monitoring.
(a) Licensees shall have controls in place to
identify Unusual and Suspicious Wagering Activity and report such activity to
the Council and to their Integrity Monitoring Provider according to the
Integrity Monitoring System provisions set forth in the MICS contained in these
Rules.
(b) Licensee's Integrity
Monitoring System procedures shall provide for the sharing of Unusual and
Suspicious Wagering Activity with the Council, either directly or through the
Licensee's approved Independent Integrity Monitoring Provider.
(c) Licensees shall review reports of Unusual
and Suspicious activity received from the Independent Integrity Monitoring
Provider of which they are a member and notify the Independent Integrity
Monitoring System Provider whether they have experienced similar
activity.
(d) If a Licensee finds
that previously reported Unusual Wagering Activity rises to the level of
Suspicious Wagering Activity or identifies Suspicious Wagering Activity,
Licensee shall Immediately Notify the Council.
(e) Licensees reporting on Suspicious
Wagering Activities shall be permitted to suspend or cancel Wagering on Events
related to the report and must Immediately Notify the Council upon taking such
action.
(f) Notwithstanding the
other provisions of this section, all information and data received by the
Council regarding Unusual or Suspicious Wagering Activity shall be considered
confidential. Such data and information may not be revealed in whole or in part
except upon the lawful order of a court of competent jurisdiction, or, with any
law enforcement entities, regulatory agencies, governing authorities, integrity
monitoring organizations or other organization necessary to facilitate
integrity monitoring, or with accredited sports governing bodies as required by
the Sports Gaming Act or Council.
(11) Participation in Investigations.
(a) Each Licensee and Registrant shall
cooperate in good faith with investigations conducted by the Council, sports
governing bodies, and law enforcement agencies.
(b) Licensees shall provide or facilitate
provision of account-level betting information and data files relating to
Persons placing Wagers and any other information necessary for investigations
conducted by the Council or law enforcement.
(c) The Council shall investigate, and each
Licensee or Registrant shall cooperate with such investigation, upon
information and belief that a Licensee or Registrant has failed to comply with
the requirements outlined in the Sports Gaming Act or these Rules.
(d) During normal business hours, the Council
and its agents may enter the premises of any facility of a Licensee or
Registrant that is utilized by the Licensee to operate and conduct Interactive
Sports Gaming business in the State of Tennessee for the purpose of inspecting
equipment, books, and records kept as required by the Sports Gaming Act or
these Rules, to ensure that the Licensee is in compliance with the Sports
Gaming Act or these Rules, or to make any other inspection as necessary to
enforce the Sports Gaming Act or these Rules. Failure to admit the Council or
its agents after presentation of credentials shall be grounds for disciplinary
action.
(e) The Council and its
agents, including its law enforcement representatives, shall be able to demand
access and inspect business records of any Licensee or Registrant without the
requirement to obtain a subpoena. Failure to provide access to the Council or
its agents after presentation of credentials shall be grounds for disciplinary
action.
(f) Each Licensee and
Registrant shall maintain all records relating to the conduct of Interactive
Sports Gaming in the State of Tennessee for a period of five (5)
years.
(g) The Council may
investigate any violation of the Sports Gaming Act, the Rules, or any conduct
that affects the integrity of Interactive Sports Gaming in the State of
Tennessee
(h) Licensees and
Registrants shall Immediately Report to the Council any information relating
to:
1. Criminal or disciplinary proceedings or
non-routine government or law enforcement investigations commenced against the
Licensee or Registrant in connection with its operations in any
jurisdiction;
2. Unusual or
Suspicious Wagering Activity, including activities reported to the federal
government pursuant to AML laws and regulations and Wagers placed to conceal or
launder funds derived from illegal activity;
3. Any potential or actual breach of a sports
governing body's internal rules and codes of conduct pertaining to sports
wagering that is known or reasonably should have been known to Licensee or
Registrant;
4. Cheating, including
wagering activities or patterns that may indicate a concern with the integrity
of a Sporting Event;
5. Conduct
that corrupts, is intended to corrupt, or unduly influences the betting outcome
of a Sporting Event for purposes of financial gain, including match fixing;
and
6. An agent or proxy placing a
Wager on behalf of another Person, or the use of false
identification.
(i)
Licensees also must report information relating to conduct described in
subparagraph (h), parts 2.-5., above, to the relevant sports governing body and
provide Written Notice of its communications to the sports governing body to
the Council. With respect to any information provided by a Licensee to a sports
governing body, a sports governing body may only use such information for
integrity purposes and shall maintain the confidentiality of such information,
unless disclosure is required by the Tennessee Sports Gaming Act, Council,
other law, court order, or unless the Licensee consents to
disclosure.
(j) Licensees shall
share with the Council, upon request by the Council, in real time and at the
account level, information regarding a Bettor, the amount and type of each
Wager, the time the Wager was placed, the location of the Wager, including the
Internet protocol address if applicable, the outcome of the Wager, and records
of abnormal, Unusual, or Suspicious Wagering Activity related to the Wager.
Information shared under this subparagraph shall be submitted in the form and
manner as requested by the Council.
(k) If a sports governing body has notified
the Council in writing that real-time information sharing for Wagers placed on
its Sporting Events is necessary and desirable, Licensees shall share the same
information with the sports governing body or its designee with respect to
Wagers on its Sporting Events. Such information may be provided in anonymized
form and may be used by a sports governing body solely for integrity
purposes.
(12) Manner in
Which Interactive Sports Gaming May Be Advertised, Marketed, and Promoted.
This Rule is authorized by T.C.A. §
4-49-118 to effectuate the
prohibitions of that statute and establish the manner in which a Licensee may
advertise its business operations compliant with the Sports Gaming Act.
(a) Licensees shall provide electronic copies
of all advertising, marketing, and promotional materials developed by or on
behalf of the Licensee to the Council within five (5) business days following
their publication, distribution, or airing to the public, as
applicable.
(b) Licensees shall not
directly advertise or promote Interactive Sports Gaming to Minors.
(c) Advertising, marketing, and promotional
materials published, distributed, or aired by or on behalf of a Licensee shall
include a responsible gaming message, which includes, at a minimum, a
Council-approved problem-gambling helpline number and an assistance and
prevention message.
1. Licensees shall include
the logo and gambling hotline number for the Tennessee REDLINE, a 24/7
addiction treatment and recovery hotline provided by the Tennessee Association
of Alcohol, Drug and other Addiction Services (TAADAS), or another toll-free
gambling hotline number as approved by the Council. Logos will be provided to
the Licensee for the Tennessee REDLINE by the Council.
2. In areas where space limitations create an
issue for use of a logo, copy can be used to communicate the phone number.
Individual social media postings (e.g., tweets, Facebook posts) where space is
severely limited are not required to include the information set forth in part
1. of subparagraph (c). Social media pages and direct messages sent via social
media platforms must contain the information set forth in part 1. of
subparagraph (c).
3. In determining
whether to approve a Licensee's usage of a toll-free number other than the
Tennessee REDLINE, the Council shall consider the following factors:
(i) Whether the toll-free number provides
callers with information about services available in the location of the
caller;
(ii) Whether the toll-free
number provides a direct connection with additional services needed by the
caller or requires the caller to place a separate, additional call;
(iii) The hours of operation of the toll-free
number;
(iv) Whether the toll-free
number allows for text-based communication;
(v) Whether the toll-free number is
specifically designed to address responsible gaming, or whether it also
encompasses other services;
(vi)
The promptness in answering and professionalism of the individuals providing
service through the toll-free number; and
(vii) Whether the toll-free number collects,
organizes and makes data publicly available, or specifically available to
Tennessee, regarding demographics and utilization rates of callers that may be
used to research and develop Responsible Gaming protocols.
4. The Council shall post on its website a
list of approved toll-free numbers that Licensees may use in their
advertisements, which may be amended from time to time to add additional
approved toll-free numbers. If the Council amends the list of approved
toll-free numbers to remove a previously approved number, the Council will give
Licensees thirty (30) days' advance Written Notice so Licensees can remove that
number from their advertisements.
(d) Licensees shall communicate the legal age
to participate (21 years old and above) on any website, mobile app, and other
mediums or forms of advertising, marketing, and promotions.
(e) Advertisements, marketing, or promotions
shall not contain images, symbols, celebrity/entertainer endorsements, and/or
language designed to appeal specifically to those under 21 years old.
(f) Advertisements, marketing, and promotions
shall not imply that Minors may engage in Interactive Sports Gaming, or feature
anyone who is or appears to be below 21 years old, unless the individual is a
participant in a Sporting Event upon which a wager may be placed;
(g) A Licensee must report the following
information regarding compensation, whether monetary or otherwise, paid by a
Licensee to an individual who is eligible to participate in Sporting Events
upon which a Wager can be placed:
1. The name
of the individual being compensated;
2. The amount and form of compensation;
and
3. A general description of the
service to be performed by the individual.
Upon request of the Council, the Licensee may be required to
provide copies of agreements between the Licensee and the individual receiving
the compensation.
(h) Licensees shall not advertise in media
outlets that appeal primarily to those under the age of 21;
(i) Advertisements, marketing, or promotions
shall not be placed before any audience where the majority of the participants
is presumed to be below the age of 21 or that targets potentially vulnerable
Persons, including self-excluded Bettors;
(j) For Persons who have self-excluded,
Licensees shall not target advertising and marketing to such Persons through
direct messaging, text, or e-mail.
(k) All direct advertising, marketing, or
promotions via e-mail or text message must allow the recipient an option to
unsubscribe;
(l) Licensees shall
provide the requirements of this paragraph (12) to advertising, marketing, and
promotions personnel, contractors, agents, and agencies retained by Licensees
or their agents to ensure compliance herewith; and
(m) Failure to adhere to any of the above may
be grounds for disciplinary action.
(13) Maintenance of a Self-Exclusion List.
(a) Licensees shall develop and maintain a
system to allow individuals to prohibit or restrict themselves from being able
to place a Wager with the Licensee. Licensees may offer the option of
implementing restrictions that apply solely to the Licensee or may offer
individuals the option of implementing restrictions that apply to all Licensees
operating in Tennessee, in coordination with the Council. Such self-exclusion
list shall be electronically provided to the Council no less than once per
week.
(b) Licensees shall submit a
monthly report to the Council that includes the number of individuals who
requested to exclude themselves from the ability to participate in Interactive
Sports Gaming on their Sports Gaming System.
(c) Any individual may request placement on
the list of self-excluded individuals, and that Person during any period of
exclusion may not collect any winnings or recover any losses resulting from any
Interactive Sports Gaming, except that a Player's account balance on settled
Wagers placed prior to the exclusion shall be returned to the Player.
Individuals who believe they were inadvertently placed on the exclusion list
may petition the Executive Director to request removal from the exclusion list
by completing an application for removal. The application for removal from the
exclusion list may be requested from the Council. Submission of the removal
request does not guarantee removal from the exclusion list.
(d) Licensees shall notify a Sports Gaming
Account holder via e-mail, mail, or other method approved by the Council,
whenever the Sports Gaming Account holder's Sports Wagering Account has been
closed or placed in a suspended mode. Such notification shall include the
restrictions placed on the Sports Gaming Account and any further course of
action needed to remove the restriction.
(e) Licensees shall provide sufficient notice
to the Player regarding any additional effects of inclusion on the
self-exclusion list. If applicable, such notice shall include language advising
the Player that, once included on the self-exclusion list, the Licensee may
choose to permanently exclude the Player, regardless of the exclusion period
requested.
(14)
Reporting Requirements.
Licensees and Registrants shall report, within three (3)
business days of the change, any information relating to:
(a) The name, home address, and date of birth
of any new Key Personnel;
(b)
Potential purchase or sale, transfer, assignment, gift or donation, or other
disposal or acquisition of 5% or more ownership of a Licensee or
Vendor;
(c) The resignation,
termination, removal, or departure of any Key Personnel of a Licensee or
Vendor; and
(d) All other
information or circumstances which are deemed to be reportable under these
Rules.
(15) House Rules.
(a) Licensees shall adopt comprehensive House
Rules which shall be submitted to the Council for approval with the initial
application for a License. Amendments to the House Rules must be submitted to
the Council for approval no less than ten (10) business days prior to their
proposed implementation.
(b) At a
minimum, the House Rules shall address the following items:
1. A method for the calculation and payment
of winning Wagers;
2. The effect of
schedule changes;
3. The method of
notifying Players of odds or proposition changes;
4. Acceptance of Wagers at terms other than
those posted;
5. The method of
contacting the Licensee for questions and complaints;
6. A description of Prohibited Participants
and others who may be restricted from placing a Wager;
7. The method(s) of funding a
Wager;
8. A description of all
types of Wagers that may be accepted, including any minimum and maximum
Wagers;
9. The method by which the
Sports Gaming Operator will identify and cancel Wagers, including defining
"Obvious Error";
10. A provision
prohibiting the structuring of Bets to avoid federal currency transactional
reporting thresholds; and
11.
Notice that Wagers are subject to AML standards, including triggers and
requirements for filing of Currency Transaction Reports and Suspicious Activity
Reports;
(c) House Rules
shall be conspicuously accessible on the Licensee's websites and Mobile
Applications.
(d) Copies of the
House Rules shall be made readily available, upon request, to
Players.
(16) Internal
Controls.
Licensees shall develop internal controls according to the
requirements and specifications found in the MICS in Rule Chapter 1350-03 and
industry standards. At a minimum, the internal controls shall address the
following items:
(a) Safeguarding
assets and revenues;
(b)
Safeguarding Sports Gaming Accounts;
(c) Requirements for internal and independent
audits of the Licensee;
(d) User
access controls for all Interactive Sports Gaming personnel;
(e) Segregation of duties among all
Interactive Sports Gaming personnel;
(f) Automated and manual risk management
procedures;
(g) Procedures for
identifying and reporting fraud, Cheating, and Suspicious or Unusual Wagering
Activity;
(h) Procedures for
identifying and preventing Minors from engaging in Interactive Sports
Gaming;
(i) Procedures to prevent
Wagering by Prohibited Participants;
(j) Description of AML compliance
standards;
(k) Description of all
types of Wagers available to be offered by the Sports Gaming System;
(l) Description of all integrated third-party
hardware, software, or systems;
(m)
A monitoring system to identify irregularities in volume or odds and swings
that could signal Unusual or Suspicious Wagering Activity that should require
further investigation; and
(n)
Wager or attempt to Wager over any maximum Wager threshold set by the Licensee
that qualifies as Unusual or Suspicious Wagering.
(17) Geolocation System.
(a) Licensee shall keep its geolocation
system up to date, including integrating the latest versions in real time that
can detect the use of remote desktop software, rootkits, virtualization, or any
other programs identified by the Council having the ability to circumvent
geolocation measures.
(b) The
integrity of the geolocation system shall be reviewed regularly, but no less
than every one hundred eighty (180) days, by the Licensee to ensure it detects
and mitigates existing and emerging location fraud risks, and that is has been
updated to incorporate all available patches and updates recommended by the
Licensee's Geolocation Service Vendor.
(c) Licensee must either (1) provide the
Council evidence that the geolocation system is updated to the latest version
every 180 days, or (2) provide the Council with access to its geolocation
system (or a dashboard or application utilized by the geolocation system
Vendor) so that compliance can be independently verified by the
Council.
Authority: T.C.A. §§
4-49-101,
4-49-102,
4-49-104,
4-49-106,
4-49-109,
4-49-110,
4-49-112,
4-49-115,
4-49-115(f),
4-49-117,
4-49-118,
4-49-119,
4-49-120,
4-49-122,
4-49-123,
4-49-124,
4-49-125,
4-49-127, and
4-49-131; and 2023 Tenn. Pub. Acts,
Ch. 450.