New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 20 - RULES OF THE LOTTERY COMMISSION › Subchapter 12 - COURIER SERVICES › Section 17:20-12.6 - Ongoing requirements to maintain courier service registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				other requirements of this subchapter, subsequent to a courier service
				registration being awarded, a courier service must adhere to the following
				requirements to maintain registration:
1. The
				courier service shall report any change in status, such as ownership, control,
				governing board, address, business purpose, bankruptcy filing, or other data
				relevant to registration, in writing, within 10 days of occurrence in
				accordance with N.J.A.C. 17:20-12.9;
2. The courier service shall not use
				trademarks or other marks owned or controlled by the Division or any
				multi-state lottery consortium except with written expressed approval of the
				Director. Any unauthorized use of such trademarks or other marks is a violation
				of this subchapter;
3. The courier
				service shall provide courier customer support, for purposes of responding to
				courier customer inquiries and disputes, in a manner approved by the
				Director;
4. The courier service
				shall maintain a courier customer self-exclusion list and provide a mechanism
				for courier customers to register through the system to exclude themselves from
				using such system. The courier service shall ensure to the satisfaction of the
				Director that any courier customer placed on the self-exclusion list is
				prevented from requesting tickets through the courier service's system.
				Additionally, the self-exclusion list shall never be published or made
				public;
5. The courier service
				activities such as ticket purchasing, internal accounting, problem gambling
				detection, fraud prevention, or other similar functions requiring access to
				confidential courier customer account or courier service system information
				shall be performed by employees and/or owners physically present in New Jersey.
				Third-party technology vendors, such as geolocation, anti-money laundering, age
				verification, courier customer identification and verification, accounting, and
				payment processing services may be located outside the borders of New Jersey,
				provided that an employee or owner is physically present in New Jersey while
				utilizing the third-party software. Professional services, such as legal and
				CPA audit and accounting services may be performed outside the borders of New
				Jersey, but must be performed within the borders of the United States. While
				performing such activities, a courier service shall maintain such internal
				policies and procedures so as to notify employees of this requirement. The
				courier service shall be responsible to track and log all such owner and
				employee actions to document the owner or employee's physical location when
				performing the same;
6. For all
				courier service employees who have direct contact with customers by phone,
				e-mail, text message, electronic chat, or any other means, a courier service
				shall implement training for those employees, at the start of their employment
				and regular intervals thereafter, addressing:
i. The training requirements with standards
				set forth by the Council on Compulsive Gambling of New Jersey as to:
(1) Recognizing the nature and symptoms of
				problem gambling behavior and how to assist players in obtaining information
				regarding help for a gambling problem and self-exclusion programs;
(2) Responding to courier customers who may
				disclose that they have a gambling problem; and
(3) Responding to reports from third parties,
				such as family members, about courier customers who may have a gambling
				problem;
ii. Training
				regarding cyber security, including security of customer personal
				information;
7. The
				courier service shall be required to display certain warnings on the courier
				service website and mobile application, including, but not limited to:
i. Warning of the risk of being defrauded if
				purchasing tickets through a courier service not registered with the
				Division;
ii. Display prominently
				on its website and mobile application, a warning of the risk of being defrauded
				by lottery scams and information on playing responsibly, which information
				shall be substantially similar to the information displayed on the New Jersey
				Lottery website or such other information approved by the Division;
iii. Gambling addiction warnings;
iv. Information on how to seek help for a
				gambling problem through education, by telephone, from the Internet, or any
				other available means. See N.J.A.C. 17:20-12.11(m);
v. Notice that the courier service is not a
				part of the Lottery and that the Lottery does not guarantee, nor have any
				liability, for courier customer activities; and
vi. Statement that the ticket held in trust
				by the courier service is a bearer instrument within the meaning of all
				applicable law and notice of the ramifications of such status for the
				player;
8. The courier
				service must stay current of authorized game changes and offer only authorized
				games for purchase. A courier service is responsible for understanding and
				implementing all authorized game changes including, but not limited to,
				addition and deletion of bet types, addition or deletion of available
				authorized games, matrix changes, and drawing changes. The Lottery bears no
				liability if the courier service does not properly or timely implement
				authorized game changes;
9. The
				courier service's website and mobile applications shall provide information
				including links to game rules available at the Lottery's official website for
				all authorized games;
10. The
				courier service must have the written approval from the Director for each
				proposed promotion, prior to the launch of any promotion. Courier services must
				submit a description of each promotion with sufficient detail for the Director
				to make an informed decision. The Director will issue a written decision within
				five business days of receipt of each promotion request. The Division will
				monitor all registered courier services' websites and mobile applications for
				conformance to the promotion provisions of this subchapter, including the
				marketing and advertising provisions pursuant to N.J.A.C. 17:20-12.23. Failure
				to comply with this section shall be grounds for suspension, revocation, or
				non-renewal of the courier service's registration;
11. The courier service's website and mobile
				applications shall offer for sale only New Jersey authorized game tickets
				produced by the affiliated agent's dedicated terminal. The courier website and
				mobile applications shall be prohibited from the sale of all other
				products;
12. The courier service's
				website and/or mobile applications shall have restrictions on advertisements on
				their website and/or mobile application, as determined by the Director in her
				or his discretion, to ensure the integrity and reputation of the New Jersey
				lottery is maintained. Advertisements not permitted to be placed on a courier
				service website and/or mobile applications shall include advertisements for
				alcoholic beverages, tobacco products, pornographic material, advertising that
				is targeted toward or otherwise appeals to minors, and advertising that entices
				problem or disordered gamblers into an increased level of play, and any goods
				or services that are not legal in the State of New Jersey;
13. A courier service shall display on the
				courier service website and mobile applications a statement, containing the
				Division's customer service hotline telephone number 1-800-222-0996, and
				explaining that courier customer complaints can be made to the
				Division;
14. At the sole expense
				of the courier service, the courier service system shall be audited and
				certified to be compliant with this section at least annually by an independent
				party approved by the Director;
15.
				If during the term of a courier service registration a courier service requests
				a modification to their application, the courier service shall submit a written
				request to the Director for approval. The Director is authorized to allow or
				deny any requested modification during the term of a courier service
				registration. Following review, a written decision from the Director will be
				sent to the courier service and this decision will serve as an addendum to the
				original notification approving a registration for a courier service. See
				N.J.A.C. 17:20-12.4(e);
16. A
				courier service shall be responsible for complying with all provisions of the
				New Jersey Unclaimed Property Laws, specifically N.J.S.A. 46:30B1-109, and any
				amendments thereto; and
17. A
				courier service shall not offer ticket subscriptions to its customers, unless
				the game rules for an authorized game permits it.