reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 248.00 - Sports Wagering Account Management › Section 248.19 - Abandoned Funds and Dormant Accounts

Current through Register 1525, July 5, 2024
(1) Subject
			 to the provisions of M.G.L. c. 200A, §§ 7 and 8A, and
			 960 CMR
			 4.00:
Procedures for the Administration of
			 Abandoned Property
, the Sports Wagering Operator shall presume that
			 the funds in any account without any activity for a period of three years after
			 the balance in that account became payable or deliverable to the patron to have
			 been abandoned. For purposes of this
			 205
			 CMR 248.19(1), the term
			 "activity" means Sports Wagers, customer-generated deposits, or
			 customer-generated withdrawals.
(2)
			 The Sports Wagering Operator shall report and deliver all Sports Wagering
			 Accounts presumed abandoned to the Treasurer of the Commonwealth as provided
			 for by M.G.L. c. 200A, §§ 7 and 8A, and
			 960
			 CMR 4.03:
Reporting Abandoned
			 Property
.
(3) Subject to
			 M.G.L. c. 200A, 7A and
			 960
			 CMR 4.03:
Reporting Abandoned
			 Property
, at least 60 days prior to reporting any Sports Wagering
			 Accounts to the Treasurer, the Sports Wagering Operator shall provide notice to
			 the patron's last known address and conduct reasonable due diligence to locate
			 the patron. During this time period the account shall be deemed dormant. In
			 addition, the Operator shall:
(a) Allow access
			 to a dormant account only after performing additional identity verifications;
			 and
(b) Protect dormant accounts
			 that contain funds from unauthorized access, changes or removal.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 250.00 - Protection of Minors and Underage Youth from Sports Wagering › Section 250.01 - Preventing Sports Wagering by Underage Persons

Current through Register 1525, July 5, 2024
(1)
			 Each Sports Wagering Operator shall implement policies, procedures and
			 practices designed to prevent Persons younger than 21 years old, except for an
			 employee 18 years of age or older solely acting in the performance of the
			 employee's duties, from:
(a) Entering a
			 Sports Wagering Area or Sports Wagering Facility;
(b) Placing a bet at a Sports Wagering Kiosk;
			 or
(c) Holding a Sports Wagering
			 Account.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 250.00 - Protection of Minors and Underage Youth from Sports Wagering › Section 250.02 - Monitoring the Premises for Unattended Minors

Current through Register 1525, July 5, 2024
Sports Wagering Operators shall be subject to the same
				responsibilities regarding the monitoring of parking areas and the safety of
				minors on the premises of a gaming establishment or Sports Wagering Facility as
				gaming licensees as set forth in
				205
				CMR 150.02:
Monitoring the Premises
				for Unattended Monors
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 250.00 - Protection of Minors and Underage Youth from Sports Wagering › Section 250.03 - Preventing the Service of Alcohol to Underage Persons

Current through Register 1525, July 5, 2024
Each Sports Wagering Operator shall implement policies,
				procedures and practices in accordance with
				205
				CMR 138.12:
Alcaholic Beverage
				Control
to prevent the service of alcoholic beverages to underage
				Persons upon the premises of the gaming establishment or Sports Wagering
				Facility.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 250.00 - Protection of Minors and Underage Youth from Sports Wagering › Section 250.04 - Reporting Requirements Related to Minors and Underage Persons

Current through Register 1525, July 5, 2024
Each Sports Wagering Operator shall submit an underage Person
				report to the bureau by the tenth day of each month reporting the following
				information for the previous month, as applicable to either in-person or mobile
				Sports Wagering operators:
(1) The
			 number of Persons younger than 21 years old found in the Sports Wagering
			 Facility;
(2) The number of Persons
			 younger than 21 years old found Sports Wagering or attempting to Sports Wager
			 in the Sports Wagering Area, including but not limited to, wagering on a Sports
			 Wagering Kiosk;
(3) The number of
			 Persons younger than 21 years old found Sports Wagering or attempting to Sports
			 Wager on a Sports Wagering Platform;
(4) The number of Persons younger than 21
			 years old found consuming or attempting to consume alcohol in the Sports
			 Wagering Area or Sports Wagering Facility;
(5) The number of Persons younger than 21
			 years old turned over to the proper law enforcement authority by the Sports
			 Wagering Operator; and
(6) The
			 number of Persons younger than 21 years old escorted from the Sports Wagering
			 Area.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 251.00 - Sports Wagering Operation Certificate › Section 251.02 - Operation Certificate: Test Period

Current through Register 1525, July 5, 2024
(1)
			 Prior to the issuance of an Operation Certificate, a Sports Wagering Operator
			 shall successfully complete an evaluation and test period in accordance with
			 such terms and conditions as are reasonably calculated by the Commission to
			 allow the Commission to assess whether the licensee is in compliance with
			 M.G.L. c. 23N and
			 205 CMR
			 251.00.
(2) The Commission will provide the Sports
			 Wagering Operator with the terms and conditions of the test period promptly
			 upon receipt of the licensee's request for an Operation Certificate.
(3) The terms and conditions of the test
			 period as determined by the Commission, or its designee, shall incorporate, at
			 a minimum, the following:
(a) The dates and
			 times of the test period; provided, said schedule may be increased or decreased
			 by the Commission or its designee as necessary;
(b) Any physical areas of a Sports Wagering
			 facility that will be tested, inspected, and reviewed including a review of the
			 layout of the Sports Wagering facility; and
(c) Any actions necessary to preserve and to
			 assure an effective evaluation of the Sports Wagering Operator during such test
			 period.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 251.00 - Sports Wagering Operation Certificate › Section 251.03 - Operation Certificate: Effective Date: Duration

Current through Register 1525, July 5, 2024
(1) Upon the successful completion of the
			 test period in accordance with
			 205
			 CMR 251.02 the Commission shall establish the
			 effective date of the Operation Certificate and the scope of the Sports
			 Wagering Operator's authority to conduct Sports Wagering.
(2) Each certificate, once issued, shall
			 remain in effect throughout the term of the Sports Wagering Operator License
			 under such terms and conditions as the Commission may impose, but may be
			 revoked, suspended, limited, or otherwise altered by the Commission.
(3) Each Sports Wagering licensee to which an
			 Operation Certificate is issued shall conduct Sports Wagering strictly in
			 accordance with the terms of its original Operation Certificate and shall not
			 change any of the items to which the Operation Certificate applies except as
			 otherwise approved by the Commission.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 254.00 - Temporary Prohibition from Sports Wagering › Section 254.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
As an alternative to voluntary self-exclusion as described in
				205 CMR
				233.00:
Sports Wagering Voluntary
				Self-exclusion,
Sports Wagering Operators shall allow individuals to
				designate themselves as temporarily prohibited from Sports Wagering.
				205 CMR
				254.00 shall govern the procedures and protocols
				relative to individuals' designation of themselves as temporarily prohibited
				from Sports Wagering. Designation is intended to offer individuals one means to
				help address potential problem gambling behavior, where individuals have not
				yet determined whether they may benefit from voluntary self-exclusion as
				described in
				205 CMR
				233.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 254.00 - Temporary Prohibition from Sports Wagering › Section 254.02 - Temporary Prohibition

Current through Register 1525, July 5, 2024
(1) Individuals who
			 designate themselves to a Sports Wagering Operator as temporarily prohibited
			 from Sports Wagering shall be prohibited from making any deposits into the
			 individual' s Sports Wagering Account or placing any wagers on the Sports
			 Wagering Operator's Sports Wagering Platform for the temporary prohibition
			 period referred to in
			 205
			 CMR 254.03(1). Provided,
			 however, that employees of a Sports Wagering Operator who designate themselves
			 to the Sports Wagering Operator as temporarily prohibited from Sports Wagering
			 may engage in Sports Wagering solely for the purposes of performing the
			 employees's job functions.
(2)
			 Individuals who designate themselves as temporarily prohibited from Sports
			 Wagering shall not collect any winnings or recover any losses resulting from
			 Sports Wagering in violation of the temporary prohibition.
(3) Upon an individual's initial enrollment
			 onto a Sports Wagering Platform, a Sports Wagering Operator shall conspicuously
			 display a message notifying an individual of the opportunity to designate
			 themselves as temporarily prohibited from Sports Wagering. A Sports Wagering
			 Operator shall require an individual to acknowledge the following prior to
			 being designated as temporarily prohibited from Sports Wagering:
(a) That the individual will not make any
			 deposits into the individual's Sports Wagering Account or place any wagers on
			 the Sports Wagering Operator's Sports Wagering Platform in accordance with
			 205
			 CMR 254.02(1);
(b) That the individual shall not collect any
			 winnings or recover any losses resulting from Sports Wagering in violation of
			 the temporary prohibition in accordance with
			 205
			 CMR 254.02(2);
(c) That once the individual is designated as
			 temporarily prohibited from Sports Wagering, an individual's attempted Sports
			 Wager shall be rejected or, if placed, shall be voided or cancelled by the
			 Sports Wagering Operator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 254.00 - Temporary Prohibition from Sports Wagering › Section 254.03 - Duration of Temporary Prohibition and Conclusion of Temporary Prohibition

Current through Register 1525, July 5, 2024
(1) An individual may select a temporary
			 prohibition period.
(2) An
			 individual may elect to renew the temporary prohibition at any time by
			 informing the Sports Wagering Operator of the individual's desire to renew the
			 temporary prohibition period. There shall be no limitations regarding the
			 number of times an individual is permitted to renew the temporary prohibition
			 period.
(3) 24 hours prior to the
			 expiration of the 72-hour or one-week temporary prohibition period, or 72 hours
			 prior to the expiration of the two-week, three-week or four-week, temporary
			 prohibition period, the Sports Wagering Operator shall notify the individual
			 when the temporary prohibition will expire. The notification shall also provide
			 the individual instructions on how to renew the temporary prohibition, and how
			 to apply to have the individual's name placed on the voluntary self-exclusion
			 list in accordance with
			 205
			 CMR 233.02(2).
(4) Upon conclusion of the temporary
			 prohibition, the Sports Wagering Operator shall notify the individual that the
			 temporary prohibition has concluded. The Sports Wagering Operator shall not
			 accept Wagers from the individual until the individual has acknowledged the
			 notification of the conclusion of the temporary prohibition. The notification
			 shall provide the individual instructions on how to renew the temporary
			 prohibition period, and how to apply to have the individual's name placed on
			 the voluntary self-exclusion list in accordance with
			 205
			 CMR
			 233.02(2).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 254.00 - Temporary Prohibition from Sports Wagering › Section 254.04 - Responsibilities of the Sports Wagering Operator

Current through Register 1525, July 5, 2024
A Sports Wagering Operator shall have the same responsibilities
				relative to the administration of the temporary prohibition from the Sports
				Wagering program as gaming licensees and Sports Wagering Operators have
				relative to the administration of the voluntary self-exclusion list pursuant to
				205
				CMR 133.06(3) through (6)
				and 7(b) and
				205
				CMR 233.06(4) through (8),
				respectively, including the obligation to submit a written policy for
				compliance with
				205 CMR
				254.00. Individuals who designate themselves to the
				Sports Wagering Operator as temporarily prohibited from Sports Wagering shall
				have the same rights as those provided under
				205
				CMR 133.06(7)(b). A Sports
				Wagering Operator shall also not accept any Sports Wager from an individual who
				designates themselves to the Sports Wagering Operator as temporarily prohibited
				from placing a Wager on the Sports Wagering Platform.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 254.00 - Temporary Prohibition from Sports Wagering › Section 254.05 - Collection of Debts

Current through Register 1525, July 5, 2024
Nothing in
				205 CMR
				254.00 shall be construed to prohibit a Sports
				Wagering Operator from seeking payment of a debt from an individual who is
				designated to the Sports Wagering Operator as temporarily prohibited from
				Sports Wagering, but who violates the terms of the temporary
				prohibition.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 254.00 - Temporary Prohibition from Sports Wagering › Section 254.06 - Collection of Debts

Current through Register 1525, July 5, 2024
Nothing in
				205 CMR
				254.00 shall be construed to prohibit a Sports
				Wagering Operator from seeking payment of a debt from an individual who is
				designated to the Sports Wagering Operator as temporarily prohibited from
				Sports Wagering, but who violates the terms of the temporary
				prohibition.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 255.00 - Play Management › Section 255.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
Sports Wagering Operators operating Sports Wagering Platforms
				shall maintain play management programs which allow individuals who maintain a
				Sports Wagering Account to designate themselves as subject to limitations
				regarding Sports Wagering. Sports Wagering Operators must offer, at a minimum,
				the limitations set forth in
				205
				CMR 255.02(1).
				205 CMR
				255.00 shall govern the procedures and protocols
				relative to these play management programs, which are intended to offer
				individuals a means to restrict gambling behavior and to increase informed
				player choice.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 255.00 - Play Management › Section 255.02 - Limitations

Current through Register 1525, July 5, 2024
(1) Individuals who designate themselves as
			 subject to limitations regarding Sports Wagering shall select one or more of
			 the following specific activities subject to the limitations:
(a) placing a Wager over a specified dollar
			 amount;
(b) placing a Wager once an
			 individual has, during a day, week or month, Wagered a specified cumulative
			 dollar amount; and
(c) depositing
			 an amount into the individual's Sports Wagering Account once the individual
			 has, during a day, week or month, deposited a specified cumulative amount into
			 the individual's Sports Wagering Account.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 255.00 - Play Management › Section 255.03 - Enrollment

Current through Register 1525, July 5, 2024
(1) When an individual seeks to enroll onto a
			 Sports Wagering Platform, a Sports Wagering Operator shall conspicuously
			 display to the individual a message describing the available limitations for
			 Sports Wagering, and offering the individual the opportunity to designate
			 themselves as subject to one or more of those limitations. In the event the
			 individual chooses to decline that opportunity, the individual shall be
			 required to affirmatively state that choice to the Sports Wagering
			 Operator.
(2) On a monthly basis as
			 measured from the time of enrollment onto the Sports Wagering Platform, if an
			 individual has not designated themselves as subject to limitations regarding
			 Sports Wagering, the Sports Wagering Operator shall conspicuously display a
			 message offering individuals the opportunity to designate themselves as subject
			 to limitations regarding Sports Wagering. In the event the individual chooses
			 to decline that opportunity, the individual shall be required to affirmatively
			 state that choice to the Sports Wagering Operator.
(3) Sports Wagering Operators shall maintain
			 at all times a link prominently placed on the Sports Wagering Platform on which
			 individuals may designate themselves as subject to limitations regarding Sports
			 Wagering.
(4) Limitations shall
			 become immediately effective upon designation.
(5) Individuals shall be permitted to modify
			 or unenroll from their selected limitations regarding Sports Wagering. If
			 individuals modify the limitations to be more restrictive, the limitations
			 shall become immediately effective. If individuals modify the wager limitation
			 described in
			 205
			 CMR 255.02(1)(a)  to be less
			 restrictive or unenroll from the limitation, the new limitation or unenrollment
			 shall not take effect until the next business day and the individual reaffirms
			 the modification or unenrollment. If individuals modify the limitations
			 described in
			 205
			 CMR 255.02(1)(b) and (c) to
			 be less restrictive or unenroll from the limitations, the new limitation or
			 unenrollment shall not take effect until the next business day after the time
			 period specified pursuant to
			 205
			 CMR 255.02(1)(b) and (c) has
			 expired and the individual reaffirms the modification or
			 unenrollment.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 255.00 - Play Management › Section 255.04 - Responsibilities of the Sports Wagering Operator

Current through Register 1525, July 5, 2024
A Sports Wagering Operator shall have the same responsibilities
				relative to the play management program as gaming licensees and Sports Wagering
				Operators have relative to the administration of the voluntary self-exclusion
				list pursuant to
				205
				CMR 133.06(7)(b)  and
				205
				CMR 233.06(4) through (8),
				respectively, including the obligation to submit a written policy for
				compliance with
				205 CMR
				255.00. Individuals who designate themselves to the
				Sports Wagering Operator as subject to limitations regarding Sports Wagering
				shall have the same rights as those provided under
				205
				CMR 133.06(7)(b).
A Sports Wagering Operator shall also have the following
				responsibilities relative to the administration of the play management
				program:
(1) A Sports Wagering
			 Operator shall not accept a Sports Wager over the dollar amount specified
			 pursuant to
			 205
			 CMR 255.02(1)(a);
(2) A Sports Wagering Operator shall not
			 accept a Sports Wager once an individual has Wagered during the period of time
			 specified pursuant to
			 205
			 CMR 255.02(1)(b)  the
			 cumulative dollar amount specified pursuant to
			 205
			 CMR 255.02(1)(b);
(3) A Sports Wagering Operator shall not
			 accept a deposit once the individual has during the period of time specified
			 pursuant to
			 205
			 CMR 255.02(1)(c)  deposited
			 the cumulative amount specified pursuant to
			 205
			 CMR 255.02(1)(c);
(4) A Sports Wagering Operator shall require
			 an individual to acknowledge the following prior to being designated as subject
			 to limitations regarding Sports Wagering:
(a)
			 That the individual shall not collect any winnings or recover any losses
			 resulting from Sports Wagering in violation of the limitation in accordance
			 with 205 CMR
			 255.02(1); and
(b) That once the individual is designated as
			 subject to limitations regarding Sports Wagering, an individual's attempted
			 Sports Wager or deposit into the individual's Sports Wagering Account may be
			 rejected or, if placed, may be voided or cancelled by the Sports Wagering
			 Operator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 255.00 - Play Management › Section 255.05 - Collection of Debts

Current through Register 1525, July 5, 2024
Nothing in 205 CMR 255 shall be construed to prohibit a Sports
				Wagering Operator from seeking payment of a debt from an individual who is
				designated to the Sports Wagering Operator as subject to notifications or
				limitations regarding Sports Wagering, but who violates the terms of the
				limitation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 255.00 - Play Management › Section 255.06 - Additional or Different Limitations

Current through Register 1525, July 5, 2024
Nothing in
				205
				CMR 255.02 shall be construed to prevent a
				Sports Wagering Operator from offering additional limitations or limitations
				that differ, either in whole or in part, from those described in
				205
				CMR 255.02(1). If a Sports
				Wagering Operator wishes to offer a limitation not described in
				205
				CMR 255.02(1)  or a
				limitation different, either in whole or in part, from the limitations
				described in
				205
				CMR 255.02(1), the Sports
				Wagering Operator shall submit a written request to the Sports Wagering
				Division describing the additional or different limitation and the reasons
				supporting the additional or different limitation. The Sports Wagering Operator
				may also include in its request a description of any requirement set forth in
				205 CMR 255 from which the Sports Wagering Operator seeks relief, either in
				whole or in part, and the reasons supporting relief. The Sports Wagering and
				Responsible Gaming Divisions shall review the request, and if approved, the
				additional or different limitation shall be implemented and relief from the
				requirements of
				205
				CMR 255.02(1)  granted, and
				the Sports Wagering Operator shall record and preserve data sufficient to
				evaluate the effectiveness of the additional or different limitation. The
				Commission shall retain final authority over the decision to approve or deny an
				Operator's request to implement an additional or different limitation pursuant
				to this section. Nothing in
				205
				CMR 255.06 shall be construed to permit an
				Operator to implement a less restrictive limitation from the limitations
				described in 205 CR 255.02(1).
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.01 - Third Parties

Current through Register 1525, July 5, 2024
(1) Each Sports
			 Wagering Operator shall be responsible for the content and conduct of any and
			 all Sports Wagering advertising, marketing, or branding done on its behalf or
			 to its benefit whether conducted by the Sports Wagering Operator, an employee
			 or agent of the Sports Wagering Operator, or an affiliated entity or a third
			 party pursuant to contract or any other agreement for consideration or
			 remuneration, regardless of whether such party is also required to be licensed
			 or registered as a Sports Wagering Vendor or Non-Sports Wagering
			 Vendor.
(2) Each Sports Wagering
			 Operator shall provide a copy of the regulations contained herein to all
			 advertising, marketing, branding and promotions personnel, contractors, agents,
			 and agencies retained by the Sports Wagering Operator or its agents and shall
			 ensure and require compliance herewith.
(3) No Sports Wagering Operator may enter
			 into an agreement with a third party to conduct advertising, marketing, or
			 branding on behalf of, or to the benefit of, the licensee, in exchange for a
			 percentage of sports wagering revenue earned from users that the third party
			 directs or causes to be directed to the Operator.
(4) Any advertisement or promotion for Sports
			 Wagering shall disclose the identity of the Sports Wagering Operator and
			 whether a financial relationship exists between any Person providing an
			 endorsement or promotion and the Sports Wagering Operator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.02 - Application

Current through Register 1525, July 5, 2024
(1) The provisions of
			 205
			 CMR 256.02 shall apply to all advertising,
			 marketing, and branding for Sports Wagering aimed at, published, aired,
			 displayed, disseminated, or distributed in the Commonwealth. Nothing in
			 205
			 CMR 256.02 shall be construed as limiting a
			 Person's obligations to comply with any other federal, state or local law
			 applicable to advertising, marketing and branding, nor shall anything herein be
			 construed as modifying or limiting in any way any more stringent or additional
			 requirement applicable to advertising, marketing and branding.
(2) Sports Wagering advertisements may only
			 be published, aired, displayed, disseminated, or distributed in the
			 Commonwealth by or on behalf of Sports Wagering Operators licensed to offer
			 Sports Wagering in the Commonwealth, unless the advertisement clearly states
			 that the offerings are not available in the Commonwealth or otherwise makes
			 clear that the offerings are not intended for use in the Commonwealth. Sports
			 Wagering Operators and their agents, employees, or any third party conducting
			 advertising or marketing on their behalf shall not advertise forms of illegal
			 gambling in the Commonwealth.
(3)
			 No Sports Wagering Operator shall allow, conduct, or participate in any
			 advertising, marketing, or branding for Sports Wagering on any billboard, or
			 other public signage, which fails to comply with any federal, state or local
			 law.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.03 - Internal Controls

Current through Register 1525, July 5, 2024
Each Sports Wagering Operator shall include in its internal
				controls submitted pursuant to
				205 CMR
				138.00:
Uniform Standards of Accounting
				Procedures and Internal Controls for Gaming
and
				205 CMR
				238.00:
Uniform Standards of Accounting
				Procedures and Internal Controls for Sports Wagering
provisions to
				ensure compliance with the requirements of
				205 CMR
				256.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.06 - Advertising to Other Vulnerable Persons

Current through Register 1525, July 5, 2024
(1)
			 No Sports Wagering Operator shall allow, conduct, or participate in any
			 advertising, marketing, or branding for Sports Wagering that is aimed
			 exclusively or primarily at individuals or groups of people that are at
			 moderate or high risk of gambling addiction. A Sports Wagering Operator shall
			 not use characteristics of at-risk or problem bettors to target potentially
			 at-risk or problem bettors with advertisements.
(2) Advertising, marketing, and other
			 promotional materials published, aired, displayed, disseminated, or distributed
			 by or on behalf of any Sports Wagering Operator shall include a link to and
			 phone number for the Massachusetts Problem Gambling Helpline using language
			 provided by the Department of Public Health or such other responsible gaming
			 information required by the Commission ("Responsible Gaming
			 Messaging").
(3) Such advertising,
			 marketing, branding and other promotional materials shall not use a font, type
			 size, location, lighting, illustration, graphic depiction or color obscuring or
			 limiting the advertisement of such Problem Gambling Helpline
			 Information.
(4) Information
			 regarding Responsible Gaming Messaging must also meet the following
			 requirements:
(a) For signs, direct mail
			 marketing materials, posters and other print advertisements, the height of the
			 font used to advertise Responsible Gaming Messaging must be the greater of:
1. The same size as the majority of the text
			 used in the sign, direct mail marketing material, poster or other print
			 advertisement; or
2. 2% of the
			 height or width, whichever is greater, of the sign, direct mail marketing
			 material, poster or other print advertisement.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.07 - Self-excluded Persons

Current through Register 1525, July 5, 2024
(1) No Sports
			 Wagering Operator shall allow, conduct, or participate in any advertising,
			 marketing, or branding for sports wagering that is aimed at persons who have
			 enrolled in a Self-exclusion Program pursuant to
			 205 CMR
			 233.00:
Sports Wagering Voluntary
			 Self-exclusion
.
(2) No
			 Sports Wagering Operator shall direct text messages or unsolicited pop-up
			 advertisements on the internet to an individual in the Self-Exclusion Program
			 or shall allow any employee or agent of the Sports Wagering Operator, or
			 affiliated entity or a third-party pursuant to contract, to take such
			 actions.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.08 - Disruption to Viewers

Current through Register 1525, July 5, 2024
(1) No Sports
			 Wagering Operator shall allow, conduct, or participate in any advertising,
			 marketing, or branding for Sports Wagering that obscures the game play area at
			 a sporting event.
(2)
			 Advertisements for Sports Wagering may not be placed by a Sports Wagering
			 Operator at a sports event with such intensity and frequency that they
			 represent saturation of that medium or become excessive.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.09 - Endorsements

Current through Register 1525, July 5, 2024
(1) An advertisement for Sports Wagering
			 shall not state or imply endorsement by minors, persons 18 through 20 years old
			 (other than professional athletes), collegiate athletes, schools or colleges,
			 or school or college athletic associations.
(2) An individual who participates in Sports
			 Wagering in the Commonwealth under an agreement with a Sports Wagering Operator
			 for advertising, branding or promotional purposes must disclose the
			 relationship and may not be compensated in promotional credits for additional
			 wagers.
(3) Endorsements must
			 comply with the Federal Trade Commission's Guides Concerning the Use of
			 Endorsements and Testimonials in Advertising, 16 CFR Part 255.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.10 - Records

Current through Register 1525, July 5, 2024
(1) Each Sports Wagering Operator shall
			 retain a copy of all advertising, marketing, branding and other promotional
			 materials promoting or intended to promote any Sports Wagering within the
			 Commonwealth, including a log of when, how, and with whom, those materials have
			 been published, aired, displayed, or disseminated, for six years. A Sports
			 Wagering Operator shall also grant the Commission access to all social media
			 platforms utilized by or on behalf of the licensee for such purposes, provided
			 that an Operator shall not be required to permit the Commission to control or
			 directly alter such content on such platforms. For all directed or targeted
			 advertising and marketing, a Sports Wagering Operator shall maintain records
			 sufficient to describe all targeting parameters used, as well as efforts
			 undertaking to comply with
			 205
			 CMR 256.06(1).
(2) All advertising, marketing, branding, and
			 other promotional materials related to Sports Wagering and the log described in
			 205
			 CMR 256.10(1)  shall be made
			 available to the Commission or its agents upon request.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 256.00 - Sports Wagering Advertising › Section 256.11 - Enforcement

Current through Register 1525, July 5, 2024
(1) A Sports Wagering Operator shall
			 discontinue or modify as expeditiously as possible the use of a particular
			 advertisement, marketing, or branding material in the Commonwealth or directed
			 to residents in this state upon receipt of written notice that the Commission
			 has determined that the advertisement, marketing, or branding material in
			 question does not conform to the requirements of
			 205 CMR
			 256.00 or the discontinuance or modification of which
			 is necessary for the immediate preservation of the public peace, health safety,
			 and welfare of the Commonwealth.
(2) A failure to adhere to the rules of
			 205 CMR
			 256.00 may be grounds for disciplinary action under
			 any enforcement method available to the Commission, including emergency
			 enforcement orders to immediately cease and desist such advertising pursuant to
			 205 CMR
			 109.00:
Authority of the Commission to Act in
			 an Emergency Situation
.
(3) The Commission may, in addition to, or in
lieu
of, any other discipline, require an Operator that
			 violates
			 205 CMR
			 256.00 to provide electronic copies of all
			 advertising, marketing and promotional materials developed by or on behalf of
			 the Operator to the Commission at least ten business days prior to publication,
			 distribution or airing to the public.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 257.00 - Sports Wagering Data Privacy › Section 257.01 - Definitions

Current through Register 1525, July 5, 2024
As used in 205 CMR 257.00, the following words and phrases
				shall have the following meanings, unless the context clearly indicates
				otherwise:
Data Breach
means Breach of Security
				as that phrase is defined in M.G.L. c. 93H, § 1.
Confidential Information
means
				information related to a Sports Wagering Account, the placing of any Wager or
				any other sensitive information related to the operation of Sports Wagering
				including the amount credited to, debited from, withdrawn from, or present in
				any particular Sports Wagering Account; the amount of money Wagered by a
				particular patron on any event or series of events; the unique patron ID or
				username and authentication credentials that identify the patron; the
				identities of particular Sporting Events on which the patron is Wagering or has
				Wagered, or the location from which the patron is Wagering, has Wagered, or has
				accessed their Sports Wagering Account. Confidential Information may also
				include Personally Identifiable Information.
Personally Identifiable Information
means information that identifies, relates to, describes, is reasonably capable
				of being associated with, or could reasonably be linked, directly or
				indirectly, with a particular patron, individual or household. Personally
				Identifiable Information includes, but is not limited to, Personal Information
				as that phrase is defined in M.G.L. c. 93H and 201 CMR 17.00:
Standards
				for the Protection of Personal Information of Residents of the
				Commonwealth
. Personally Identifiable Information may also include
				Confidential Information.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 257.00 - Sports Wagering Data Privacy › Section 257.02 - Data Use and Retention

Current through Register 1525, July 5, 2024
(1) A Sports
			 Wagering Operator shall only use and retain Confidential Information and
			 Personally Identifiable Information for legitimate business purposes necessary
			 to operate or advertise a Sports Wagering Area, Sports Wagering Facility or
			 Sports Wagering Platform, or to comply with M.G.L. c. 23N, 205 CMR, or any
			 other applicable law, regulation, court order, subpoena or civil investigative
			 demand of a governmental entity, to detect security incidents, protect against
			 malicious, deceptive, fraudulent, or illegal activity; or prosecute those
			 responsible for that activity, debug to identify and repair errors, to
			 investigate, respond to and defend against filed or reasonably anticipated
			 legal claims, and for other reasonable safety and security purposes. In
			 addition, use and retention of a patron's Confidential Information or
			 Personally Identifiable Information may be permissible where necessary to
			 conduct commercially reasonable review of a Sports Wagering Operator's assets
			 in the context of the sale of all or a portion of the Sports Wagering
			 Operator's business.
(2) If a
			 Sports Wagering Operator seeks to use a patron's Confidential Information or
			 Personally Identifiable Information for purposes beyond those specified in
			 205
			 CMR 257.02(1), a Sports
			 Wagering Operator shall obtain the patron's consent, which may be withdrawn at
			 any time.
(a) Consent may be obtained for
			 categories of uses, rather than specific instances of such uses.
(b) Such consent must be clear, conspicuous,
			 and received apart from any other agreement or approval of the patron.
			 Acceptance of general or broad terms of use or similar documents that purport
			 to permit the sharing of Confidential Information or Personally Identifiable
			 Information in the same document shall not constitute adequate consent, nor
			 shall hovering over, muting, pausing, pre-selecting, or closing a given piece
			 of content without affirmative indication of consent.
(c) Consent shall not be deemed to be a
			 waiver of any of the patron's other rights.
(d) The option to withdraw such consent must
			 be clearly and conspicuously available to the patron on the Sports Wagering
			 Operator's Sports Wagering Platform. A patron shall not be required to confirm
			 withdrawal of consent more than once, and no intervening pages (other than
			 those needed to confirm withdrawal of consent) or offers will be presented to
			 the patron before such confirmation is presented to the patron.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 257.00 - Sports Wagering Data Privacy › Section 257.04 - Patron Access

Current through Register 1525, July 5, 2024
(1) Patrons shall
			 be provided with a method to make the requests in
			 205
			 CMR 257.04(1)(a) through
			 (e). The request must be clearly and
			 conspicuously available to the patron online through the Sports Wagering
			 Operator's Sports Wagering Platform. A patron shall not be required to confirm
			 their request more than once, and no intervening pages (other than those needed
			 to confirm withdrawal of consent) or offers will be presented to the patron
			 before such confirmation is presented to the patron.
(a) A description as to how their
			 Confidential Information or Personally Identifiable Information is being used,
			 including confirmation that such Confidential Information or Personally
			 Identifiable Information is being used in accordance with 205 CMR
			 257.00;
(b) Access to a copy of
			 their Confidential Information or Personally Identifiable Information
			 maintained by the Operator or a Vendor, Subcontractor, or Registrant of the
			 Operator;
(c) Updates to their
			 Confidential Information or Personally Identifiable Information;
(d) The imposition of additional restriction
			 on the use of their Confidential Information or Personally Identifiable
			 Information for particular uses; and
(e) That their Confidential Information or
			 Personally Identifiable Information be erased or anonymized so it is no longer
			 traceable to the patron when it is no longer required to be retained by
			 applicable law or Court order. The Sports Wagering Operator may choose to offer
			 either erasure, anonymization, or both as an option pursuant to
			 205
			 CMR 257.04.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 257.00 - Sports Wagering Data Privacy › Section 257.05 - Data Program Responsibilities

Current through Register 1525, July 5, 2024
(1) A
			 Sports Wagering Operator shall develop, implement and maintain comprehensive
			 administrative, technical and physical data privacy and security policies
			 appropriate to the size and scope of business and addressing, at a minimum:
(a) Practices to protect the confidentiality,
			 integrity and accessibility of Confidential Information or Personally
			 Identifiable Information;
(b) The
			 secure storage, access and transportation of Confidential Information or
			 Personally Identifiable Information in the Sports Wagering Operator's
			 possession, custody or control, including the use of encryption and
			 multi-factor authentication;
(c)
			 The secure and timely disposal or anonymization of Confidential Information or
			 Personally Identifiable Information, including data retention
			 policies;
(d) Employee training on
			 data privacy and cyber security for employees who may have access to
			 Confidential Information or Personally Identifiable Information that, at a
			 minimum, advises such employees of the confidentiality of the data, the
			 safeguards required to protect the data and any applicable civil and criminal
			 penalties for noncompliance pursuant to state and federal law;
(e) Restrictions on access to Personally
			 Identifying Information or Confidential Information, including the area where
			 such records are kept, secure passwords for electronically stored records and
			 the use of multi-factor authentication;
(f) Reasonable monitoring of systems, for
			 unauthorized use of or access to Confidential Information or Personally
			 Identifying Information;
(g)
			 Reasonably up-to-date versions of system security agent software which must
			 include malware protection and reasonably up-to-date patches and virus
			 definitions, or a version of such software that can still be supported with
			 up-to-date patches and virus definitions, and is set to receive the most
			 current security updates on a regular basis;
(h) cyber security insurance, which shall
			 include, at a minimum, coverage for data compromise response, identity
			 recovery, computer attack, cyber extortion and network security;
(i) Data Breach investigation and incident
			 response procedures;
(j) Imposing
			 disciplinary measures for violations of Confidential Information and Personally
			 Identifiable Information policies;
(k) Active oversight and auditing of
			 compliance by Vendors, Registrants, or Subcontractors with
			 205
			 CMR 257.03(3)  and with the
			 Operator's Confidential Information and Personally Identifying Information
			 policies.
(l) Quarterly information
			 system audits; and
(m) A process
			 for reviewing and, if necessary, updating data privacy policies at least
			 annually.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 257.00 - Sports Wagering Data Privacy › Section 257.06 - Data Breaches

Current through Register 1525, July 5, 2024
(1) In the event of
			 a suspected Data Breach involving a patron's Confidential Information or
			 Personally Identifiable Information, a Sports Wagering Operator shall
			 immediately notify the Commission and commence an investigation of the
			 suspected Data Breach, which shall be commenced no less than five days from the
			 discovery of the suspected breach, and completed as soon as reasonably
			 practicable thereafter.
(2)
			 Following completion of the investigation specified pursuant to
			 205
			 CMR 257.06(1), the Sports
			 Wagering Operator shall submit a written report to the Commission describing
			 the suspected Data Breach and stating whether any patron's Confidential
			 Information or Personally Identifying Information was subjected to unauthorized
			 access. Unless the Sports Wagering Operator shows that unauthorized access did
			 not occur, the Sports Wagering Operator's written report shall also detail the
			 Operator's plan to remediate the Data Breach, mitigate its effects, and prevent
			 Data Breaches of a similar nature from occurring in the future.
(3) Upon request by the Commission, the
			 Sports Wagering Operator shall provide a report from a qualified third-party
			 forensic examiner, the cost of which shall be borne by the Sports Wagering
			 Operator being examined.
(4) In
			 addition to the other provisions of
			 205
			 CMR 257.06, the Sports Wagering Operator
			 shall be required to comply with any other legal requirements applicable to
			 such Data Breaches or suspected Data Breaches, including its obligations
			 pursuant to M.G.L. c. 9311 and 201 CMR 17.00:
Standards for the
			 Protection of Personal Information of Residents of the
			 Commonwealth
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.01 - Notification

Current through Register 1525, July 5, 2024
(1) A Sports Wagering Operator that intends
			 to cease Sports Wagering Operations in the Commonwealth shall immediately, and
			 in no event fewer than 90 days before such cessation of operations is
			 anticipated to become effective, notify the Commission in writing of its
			 anticipated cessation, as well the circumstances leading to the anticipated
			 cessation.
(2) The notice required
			 pursuant to
			 205
			 CMR 258.01(1)  shall be
			 given regardless of whether the anticipated cessation of Sports Wagering
			 Operations is permanent or indefinite, and whether the cessation is through
			 voluntary or involuntary dissolution, liquidation, or bankruptcy of the Sports
			 Wagering Operator.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 258.00 - Sports Wagering Operator Cessation › Section 258.02 - Commission Action Upon Receipt of Notice of Cessation

Current through Register 1525, July 5, 2024
Upon receiving written notification of a Sports Wagering
				Operator's anticipated cessation, the Commission may:
(1) Order the Sports Wagering Operator to
			 cease offering or accepting new Sports Wagers within five business days or such
			 longer period as determined by the Commission;
(2) Appoint a conservator or receiver to
			 manage and operate the business of the Sports Wagering Operator in the
			 Commonwealth through and after the intended date of cessation. The appointment,
			 duties and obligations of the conservator or receiver shall be subject to the
			 same procedures and requirements as those described in
			 205 CMR
			 130.00:
Conservators
, which shall be
			 construed relative to Sports Wagering for the purposes of
			 205
			 CMR 258.02; or
(3) Take any other action it deems necessary
			 in its discretion to protect the integrity of Sports Wagering in the
			 Commonwealth, or otherwise protect the interests of the Commonwealth.