205 CMR, § 256.05

Current through Register 1533, October 25, 2024

Section 256.05 - Advertising to Youth

(1) Advertising, marketing, branding, and other promotional materials published, aired, displayed, disseminated, or distributed by or on behalf of any Sports Wagering Operator shall state that patrons must be 21 years of age or older to participate; provided that branding consisting only of a display of an Operator's logo or trademark related to Sports Wagering shall not be required to comply with 205 CMR 256.05(1) unless it is, or is intended to be, displayed on signage or a fixed structure at a sports venue where it is likely to be viewed by persons younger than 21 years old.

(2) No Sports Wagering Operator shall allow, conduct, or participate in any advertising, marketing, or branding for Sports Wagering that is aimed at individuals younger than 21 years old.

(3) No advertising, marketing, branding, and other promotional materials published, aired, displayed, disseminated, or distributed by or on behalf of any Sports Wagering Operator for Sports Wagering shall contain images, symbols, celebrity or entertainer endorsements, or language designed to appeal primarily to individuals younger than 21 years old.

(4) No advertising, marketing, branding, and other promotional materials published, aired, displayed, disseminated, or distributed by or on behalf of any Sports Wagering Operator for Sports Wagering shall be published, aired, displayed, disseminated, or distributed:

(a) in media outlets, including social media, video and television platforms, where 25% of the audience is reasonably expected to be younger than 21 years old, unless adequate controls are in place to prevent the display, dissemination or distribution of such advertising, marketing, branding or other promotional materials to individuals younger than 21 years old including by use of age category exclusions and similar mechanisms;

(b) in other media outlets, including social media, video and television platforms, unless the Operator utilizes all available targeted controls to exclude all individuals younger than 21 years old from viewing such advertising, marketing, branding, and other promotional materials;

(c) at events aimed at minors or where 25% or more of the audience is reasonably expected to be younger than 21 years old;

(d) at any elementary, middle, and high school, or at any sports venue exclusively used for such schools;

(e) on any college or university campus, or in college or university news outlets such as school newspapers and college or university radio or television broadcasts, except for advertising, including television, radio, and digital advertising that is generally available, and primarily directed at an audience, outside of college and university campuses as well; or

(f) to any other audience where 25% or more of the audience is presumed to be younger than 21 years old.

(5) No Sports Wagering advertisements, including logos, trademarks, or brands, shall be used, or licensed for use, on products, clothing, toys, games, or game equipment designed or intended for persons younger than 21 years old.

(6) No advertising, marketing, branding, and other promotional materials published, aired, displayed, disseminated, or distributed by or on behalf of any Sports Wagering Operator for Sports Wagering shall depict an individual who is, or appears to be, younger than 21 years old, except live footage or images of professional athletes during sporting events on which sports wagering is permitted. Any individual younger than 21 years old may not be depicted in any way that may be construed as the underage individual participating in or endorsing sports gaming.

(7) No advertising, marketing, branding, and other promotional materials published, aired, displayed, disseminated, or distributed by or on behalf of any Sports Wagering Operator for Sports Wagering shall depict students, schools or colleges, or school or college settings.