Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.04 - False or Misleading Advertising

Current through Register 1525, July 5, 2024
(1) No
			 Sports Wagering Operator shall allow, conduct, or participate in any unfair or
			 deceptive advertising, marketing, or branding for Sports Wagering.
(2) No Sports Wagering Operator shall obscure
			 or fail to disclose any material fact in its advertising, marketing, or
			 branding for sports wagering or use any type, size, location lighting,
			 illustration, graphic, depiction or color resulting in the obscuring of or
			 failure to disclose any material fact in any advertising, marketing, or
			 branding.
(3) All Sports Wagering
			 advertisements must clearly convey the material conditions under which Sports
			 Wagering is being offered, including information about the cost to participate
			 and the nature of any promotions, to assist patrons in understanding the odds
			 of winning. Any material conditions or limiting factors must be clearly and
			 conspicuously specified in the advertisement. Additional, non-material terms
			 and conditions may be otherwise made available on a website or application if
			 an advertisement is not of sufficient size or duration to permit inclusion of
			 the additional information.
(4) No
			 Sports Wagering Operator, Sports Wagering Vendor, or third party marketing or
			 adverting entity required to be licensed or registered pursuant to
			 205 CMR
			 234.00:
Sports Wagering Vendors
, nor
			 any employee of any of the foregoing, may advise or encourage patrons to place
			 a specific wager of any specific type, kind, subject, or amount. This
			 restriction does not prohibit general advertising or promotional activities
			 which may notify a patron of the need to place a specific wager type, kind,
			 subject, or amount in order for patron to receive a promotional
			 benefit.
(5) A Sports Wagering
			 Operator that engages in any promotion related to Sports Wagering shall clearly
			 and concisely explain the terms of the promotion and adhere to such terms. If a
			 Sports Wagering Operator offers complimentary items or promotional credit that
			 are subject to terms, conditions or limitations in order to claim the item or
			 redeem the item or credit, the Operator shall fully disclose all material
			 terms, conditions or limitations through the following methods, provided that
			 additional, non-material terms and conditions, may be otherwise made available
			 on a website or application if an advertisement is not of sufficient size or
			 duration to permit inclusion of the non-material information.
(a) In all advertisements or inducements
			 where the complimentary item or promotion are advertised;
(b) If being added to a Sports Wagering
			 Account, through the use of a pop-up message either while the complimentary
			 item or promotional credit is being added or when the patron next logs in to
			 the Account, whichever is earlier; and
(c) If the offer requires the patron to Wager
			 a specific dollar amount to receive the complimentary item or promotional
			 credit, the amount that the patron is required to Wager of the patron's own
			 funds shall be disclosed in the same size and style of font as the amount of
			 the complimentary item or promotional credit, and the complimentary item or
			 promotional credit shall not be described as free.