205 Mass. Reg. 247.09

Current through Register 1523, June 7, 2024

Section 247.09 - Promotional Offers

(1) A Sports Wagering Operator must maintain a record of all promotional offers related to Sports Wagering. For each promotional offer, the Operator must document, at a minimum, the following:

(a) The name or identification of the promotional offer;

(b) The terms of the promotional offer, as specified in 205 CMR 247.09(2);

(c) The date(s) and time(s) the promotional offer was or is scheduled to be available;

(d) The date and time the promotional offer was or is scheduled to become discontinued;

(e) The current status of the Promotional offer; and

(f) The conditions or circumstances under which the promotion is displayed to a patron.

(2)Disclosure of Terms.

(a) Sports Wagering Operators shall fully and accurately, clearly and conspicuously disclose the material terms of all promotional offers at the time such offers are advertised. If the material terms of a promotional offer cannot be fully and accurately disclosed within the constraints of a particular advertising medium, the promotional offer may not be advertised in that medium.

(b) Sports Wagering Operators shall provide full disclosures of the terms of and limitations on the offer before the patron provides anything of value in exchange for the offer. The terms disclosed according to 205 CMR 247.09(2)(b) must include, at a minimum, all of the following:

1. The date and time advertisements for the offer are being presented;

2. The date(s) and time(s) the offer is available;

3. The date and time the offer becomes discontinued;

4. Any requirements for a patron to be eligible;

5. Any associated restriction on withdrawals of funds;

6. Wagering requirements and limitations on Sporting Events or Wager Categories;

7. How the patron will be notified when they have received an award;

8. The order in which funds are used for wagers;

9. Eligible Sporting Events or Wager Categories; and

10. Rules regarding cancellation.

(3) No promotional offer available to new patrons may contain terms that delay full implementation of the ability to redeem the Offer, for a period of longer than 30 days, or require the patron to maintain an account with the Operator for longer than 30 days to be eligible for the Offer, regardless of the amount of Sports Wagering in that period by the patron.

(4) No promotional offer may reward, be contingent upon, or otherwise relate to a patron's referral of other patrons to the Operator.

(5) Promotional offers must comply with all applicable provisions of M.G.L. c. 23N, 205 CMR and all other applicable laws, including 940 CMR 3.00: Consumer Protection, General Regulations and 949 CMR 6.00: Retail Advertising, provided that 940 CMR 6.08(3)(b), (3)(c), (5)(b), (5)(c) and (6) shall not apply.

(6) A Sports Wagering Operator must provide a clear and conspicuous method for a patron to cancel their participation in a bonus or promotional offer that utilizes restricted wagering credits that cannot be cashed out until a wagering requirement or other restrictions associated with the credits is met:

(a) Upon request for cancellation, the Sports Wagering Operator shall inform the patron of the amount of unrestricted funds that will be returned upon cancellation and the value of restricted wagering credits that will be removed from the Sports Wagering Account; and

(b) If a patron elects to proceed with cancellation, unrestricted funds remaining in a patron's Sports Wagering Account must be returned according to the terms of a promotional offer.

(7) Once a patron has met the terms of a promotional offer, a Sports Wagering Operator must not limit payouts earned while participating in the offer.