205 Mass. Reg. 247.03

Current through Register 1523, June 7, 2024

Section 247.03 - Petition for a Sporting Event or Wager Category

(1) Any Operator may petition the Commission for approval of a new Sporting Event or Wager Category.

(2) A proposed new Sporting Event or Wager Category may be a variation of an authorized Sporting Event or Wager Category, a composite of authorized Sporting Events or Wager Categories, or a new Sporting Event or Wager Category.

(3) A petition for a proposed new Sporting Event or Wager Category shall be in writing and must include, at a minimum, the following information:

(a) The name of the Sporting Event or Wager Category;

(b) Whether the Sporting Event or Wager Category is a variation of an authorized Sporting Event or Wager Category, a composite of authorized Sporting Events or Wager Categories, or a new Sporting Event or Wager Category;

(c) The name of the Sports Wagering Operator(s) sponsoring the petition;

(d) A complete and detailed description of the Sporting Event or Wager Category for which approval is sought, including:

1. A summary of the Sporting Event or Wager Category and the manner in which Sports Wagers would be placed and winning Sports Wagers would be determined;

2. A draft of the proposed House Rules, including a description of any technology that would be utilized to offer Sports Wagering on the Sporting Event or Wager Category;

3. Any rules or voting procedures related to the Sporting Event or Wager Category;

4. Assurance that the Sporting Event or Wager Category meets the requirements of 205 CMR 247.03(4);

5. Whether and to what extent the outcome of the Sporting Event or Wager Category is determined solely by chance;

(e) If the proposed Sporting Event or Wager Category is based on eSports activities, complete information about:

1. The proposed location(s) of the eSports event(s);

2. The video game used for the eSports event, including, without limitation, the publisher of the video game;

3. The eSports event operator, whether the eSports event operator is approved to host events by the video game publisher, and whether the eSports event operator has any affiliation with the video game publisher;

4. The manner in which the eSports event is conducted by the eSports event operator, including, without limitation, eSports event rules and certification from a third party, such as an eSports event operator or the game publisher, that the eSports event meets the Commission's event integrity requirements;

(g) The name of any Sports Governing Body or equivalent organization, as authorized by the Commission;

(h) To the extent known by the petitioner(s), a description of policies and procedures regarding event integrity;

(i) Any other information or material requested by the Bureau or Commission.

(4) The Commission shall not grant the petition and authorize the Sporting Event or Wager Category unless the following minimum criteria are met:

(a) The outcome can be verified;

(b) The Sporting Event generating the outcome is conducted in a manner that ensures sufficient integrity controls exist so the outcome can be trusted;

(c) The outcome is not likely to be affected by any Sports Wager placed; and

(d) The Sporting Event is conducted in conformity with all applicable laws.

(5) The Commission will consider the request, all provided materials, and any relevant input from the Sports Governing Body, the conductor of the Sporting Event or related Players Associations, prior to authorizing a Sporting Event or Wager Category.

(6) In its sole discretion, the Commission may require an appropriate test or experimental period, under such terms and conditions as the Commission may reasonably require, before granting final approval to a Sporting Event or Wager Category.

(7) In its sole discretion, the Commission may subject any technology that would be used to offer a Sporting Event or Wager Category to testing, investigation, and approval.

(8) The Commission may grant, deny, limit, restrict, or condition a request made pursuant to this rule, and may revoke, suspend, or modify any approval granted under this rule.

(9) The Commission shall notify all Sports Wagering Operators of any changes to authorized Sporting Events and Wager Categories.

(10) The Commission may prohibit the acceptance of any Sports Wagers, and may order the cancellation of Sports Wagers and require refunds on any Sporting Event or Wager Category, for which wagering would be contrary to the interests of the Commonwealth.

(11) If a Sports Wagering Operator offers an unauthorized or prohibited Sporting Event or Wager Category, the Sports Wagering Operator must immediately cancel and refund all Sports Wagers associated with the unauthorized or prohibited Sporting Event or Wager Category; provided, however, that where only a portion of a Sports Wager with multiple selections, such as a parlay, is unauthorized, the Sports Wagering Operator may cancel only that portion of the Sports Wager in accordance with the provisions of their House Rules if properly disclosed in accordance with 205 CMR 247.02(3)(o). The Sports Wagering Operator must notify the Commission promptly after cancelling any Sports Wager and again after refunding any Sports Wager.

(12) The Commission may use any information it considers appropriate, including, but not limited to, information received from a Sports Governing Body, in determining whether to authorize or prohibit wagering on a particular Sporting Event or Wager Category.