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

Current through Register 1525, July 5, 2024
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.