Virginia Administrative Code › Title 11 - GAMING › Agency 5 - VIRGINIA LOTTERY BOARD › Chapter 70 - SPORTS BETTING › Section 11VAC5-70-240 - Advertising and marketing

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
				permit holder shall maintain and make available to the director upon request
				all advertising, marketing, and promotional materials developed by or on behalf
				of the permit holder by a supplier or vendor.
B. A supplier or vendor that advertises,
				markets, or offers promotions on behalf of more than one permit holder or
				without affiliation to any permit holder shall maintain and make available to
				the director upon request all advertising, marketing, and promotional materials
				related to sports betting in the Commonwealth of Virginia that it has
				developed.
C. A permit holder may
				not directly target sports betting advertisements or promotions to
				minors.
D. Advertising, marketing,
				and promotional materials shall include a responsible gaming message, which
				includes, at a minimum, a director-approved problem gambling helpline number
				and an assistance and prevention message, except as otherwise permitted by the
				director for certain mediums such as social media messages.
E. A permit holder shall communicate the
				minimum legal age to participate on any website, mobile application, and other
				mediums or forms of advertising, marketing, and promotions, except as otherwise
				permitted by the director for certain mediums such as social media
				messages.
F. A permit holder shall
				comply strictly with all state and federal standards to make neither false or
				misleading claims, nor to create a suggestion that the probabilities of winning
				or losing with the permit holder's sports betting platform are different than
				those actually experienced.
G.
				Advertising, marketing, and promotional materials may not contain images,
				symbols, celebrity or entertainer endorsements, or language designed to appeal
				specifically to individuals younger than 21 years of age.
H. Advertising, marketing, and promotional
				materials may not feature anyone who is or appears to be younger than 21 years
				of age except for professional athletes who may be minors.
I. A permit holder may not advertise in a
				media outlet (including social media) that appeals primarily to individuals
				younger than 21 years of age.
J.
				Advertisements may not be placed with such intensity and frequency that they
				represent saturation of that medium or become excessive.
K. Advertising, marketing, or promotional
				materials may not contain claims or representations that sports betting will
				guarantee an individual's social, financial, or personal success.
L. Advertising, marketing, or promotional
				materials may not be placed before an audience where the majority of the
				participants is presumed to be younger than 21 years of age or that targets
				potentially vulnerable persons, including self-excluded bettors.
M. Advertising, marketing, or promotional
				materials may not imply that chances of winning increase the more one
				participates in, or the more one spends on, sports betting.
N. A permit holder, or a supplier or vendor
				acting on behalf of a permit holder, shall discontinue targeted advertising and
				marketing to a self-excluded individual's mobile device through direct
				messaging or text, email, or through other contact information collected by the
				permit holder, supplier, or vendor.
O. Advertising, marketing, or promotional
				materials may not be placed on any website or printed page or medium devoted
				primarily to responsible gaming.
P.
				Advertising, marketing, or promotional materials shall neither contain nor
				imply lewd or indecent language, images, or actions.
Q. Advertising, marketing, and promotional
				materials shall reflect generally accepted contemporary standards of good
				taste.
R. All direct advertising,
				marketing, and promotions via email or text message shall allow the option to
				unsubscribe.
S. A permit holder
				shall respect user privacy and comply with all applicable legal privacy
				requirements, including those requiring governing consent.
T. A permit holder shall provide the
				requirements of this section to advertising, marketing, and promotions
				personnel, contractors, agents, and agencies and shall require
				compliance.
U. Cooperative
				marketing with ABC licensee
1. For purposes
				of this subsection:
(a) "ABC licensee" means
				a person to whom a license has been issued pursuant to the provisions of Title
				4.1 of the Code of Virginia.
(b)
				"Casino gaming operator" and "casino gaming establishment" shall have the
				meanings established in Chapter 41 (§
											58.1-4100 et seq.) of
				Title 58.1 of the Code of Virginia.
(c) "Major league sports franchise" and
				"motor sports facility" shall have the meanings established in §
											58.1-4030 of the Code
				of Virginia.