Ill. Admin. Code tit. 11 § 1770.240

Current through Register Vol. 48, No. 43, October 25, 2024

Section 1770.240 - Voluntary Self-Exclusion Program

The Voluntary Self-Exclusion Program shall consist of those persons who have complied with the applicable provisions of this Section and have been placed on the Self-Exclusion List by the Lottery. The Voluntary Self-Exclusion Program is established for the purpose of allowing persons who wish to refrain from using Lottery gaming products to notify the Lottery that they will accept responsibility for refraining from using any gaming product offered by the Lottery and its licensees. Persons seeking placement in the Voluntary Self-Exclusion Program acknowledge that it is their responsibility to refrain from engaging in gambling activities under the jurisdiction of the Lottery.

a) Definitions

"Problem Gambling" means playing Lottery games in a manner that is characterized by difficulty in limiting money or time spent on gambling, which leads to adverse consequences for the player, the player's family or the community.

"Request for Removal" means a proposal submitted by a voluntarily excluded individual stating the individual wishes to be removed from the Self-Exclusion List.

"Responsible Gambling" means the provision of safe, socially responsible and supportive gambling environments in which the potential for harm that is associated with gambling is minimized and people can make informed decisions about participating in gambling.

"Responsible Gambling Community" or "Problem Gambling Community" means persons interested in responsible gambling or problem gambling.

"Self-Exclusion" means the act of excluding oneself from gambling establishments. Self-excluded persons shall be prohibited from entering those gambling establishments and shall not be paid for any winnings if they violate the prohibition.

"Self-Restriction" is similar to self-exclusion but allows players to ban themselves from specific games.

b) Placement on the Self-Exclusion List

1) In order to participate in the Voluntary Self-Exclusion Program, an individual must complete a self-exclusion agreement in a format established by the Department and mail or otherwise deliver the signed and notarized agreement to the Illinois Lottery's Claims Unit at 101 West Jefferson, MC5-915, Springfield, Illinois 62702. The form may be obtained in person or by mail from any Lottery office or may be downloaded and printed from the Lottery's website (https://www.illinoislottery.com).

2) Self-Exclusion List agreements may include a request to waive the liability of the Lottery and its agents, Lottery or other gambling licensees and its agents, the State, and any person licensed pursuant to the Lottery Law, or other person deemed necessary by the Lottery from any damages that may arise out of any act or omission related to placement in the Voluntary Self-Exclusion Program.

3) Upon receipt of the signed and notarized document, the Illinois Lottery will add the individual's identifying information to its confidential database of persons prohibited from receiving payment of prizes through the Lottery's regional prize payment facilities or central office. The Self-Exclusion List agreement may be disclosed to any Agent and their employees, as approved by the Lottery.

4) Upon receipt of a voluntary self-exclusion agreement, the Lottery will take all reasonable steps, including but not limited to providing the enrollee's name and address to advertising and public relations firms retained by the Lottery and to staff in charge of in-house e-mail and fax lists, to remove the Voluntary Self-Exclusion Program enrollee from existing promotional mailing lists, electronic distribution lists or other promotional listings, and to prevent the inclusion of the individual's name in any promotional listings that may be created in the future.

5) The Lottery will maintain an up-to-date database of the Self-Exclusion List.

6) An individual choosing to be placed on the Self-Exclusion List shall submit acknowledgment that the individual:

A) Will not be participating in any form of gambling offered by the Lottery and that it is the individual's sole responsibility to refrain from doing so;

B) Will not collect any winnings or recover any losses resulting from any gambling activity under the jurisdiction of the Lottery for the duration of the self-exclusion period;

C) Will forfeit all rewards or points earned through any player reward or another promotional program;

D) By placing their name on the Self-Exclusion List, will be subject to the prohibitions identified in this Section applicable to all Lottery or other gambling activities offered by the Lottery or its licensees or affiliates, whether within the State or another jurisdiction, and that the Lottery may share the list with other domestic or international gaming jurisdictions resulting in placement on those lists;

E) Submits the agreement freely and voluntarily; and

F) When the individual's name is placed on the Self-Exclusion List, may be refused entry into, or ejected from, areas specifically devoted to forms of playing the Lottery by a person licensed by the Lottery or law enforcement personnel.

7) The individual shall also submit:

A) A statement that the individual is not under the influence of a substance or suffering from a mental health condition that would impair the individual's ability to make an informed decision; and

B) An affidavit verifying that the individual wishes to be placed on the Self-Exclusion List, that the Lottery is specifically authorized and requested to release all contents of the person's agreement to persons who, in the sole discretion of the Lottery, are necessary to implement the policies and procedures contained in this Section. Persons to whom the Lottery releases this information shall be subject to terms of confidentiality prescribed by the Lottery, which shall be contained in the agreement. These persons shall include, but not be limited to, the following:

i) Employees or contractors of the Lottery involved in administration, supervision or activities related to the administration or supervision of this Section;

ii) Licensees of the Lottery or their affiliates, agents and employees;

iii) Designated agents of the Lottery; and

iv) Law enforcement personnel involved in the administration, supervision or investigation of activities regulated by this Part.

8) The Lottery or its designated agent will offer the individual:

A) Assistance in accessing information about gambling disorders, self-guided help; or

B) Approved counseling services by the Illinois Department of Human Services, and other resources such as the National Council on Problem Gambling.

9) The Lottery provides procedures permitting online self-exclusion if it determines that the goals, objectives and protections of the in-person self-exclusion process can be accomplished online. The Lottery may require any licensee offering mobile or online gambling to offer self-exclusion and self-restriction options to customers as a condition of its license. The full cost of the self-exclusion and self-restriction system shall be the responsibility of the licensee.

c) Exclusion Length

1) As part of the request for self-exclusion, the individual must select the duration of the exclusion. An individual may select any of the following time periods as a minimum length of exclusion:

A) One year;

B) 5 years; or

C) Lifetime (an individual may only select the lifetime duration if the individual's name has previously appeared on the Self-Exclusion List for at least 6 months).

2) An individual on the Self-Exclusion List may not apply to decrease the duration of exclusion. An individual who is on the list may submit a request to increase the minimum length of exclusion.

3) Upon expiration of the selected duration of exclusion, individuals may request to be removed from the list or renew the agreement for exclusion for a new duration. Individuals shall remain on the list after the expiration of the selected duration of exclusion until they submit a request for removal and that request is approved by the Lottery or its designee.

d) Removal from the Voluntary Self-Exclusion List

1) Upon the expiration of 5 years from the date of placement on the Lottery's Self-Exclusion List, an individual may request to be removed from the list based upon the elimination of a mental health or medical condition that rendered the individual to be a problem gambler and unable to gamble responsibly. The request for removal from the Self-Exclusion List shall be in writing, be addressed to the Director at the Lottery's central office in Springfield, and include the following:

A) Information as to treatment received for the person's gambling problem, length of treatment, and names and qualifications of treatment providers;

B) A waiver of liability of the Department, its agents and the State of Illinois for any damages that might arise out of any act or omission committed by the person as a consequence of his or her removal from the Lottery's Self-Exclusion List, including any monetary or other damages sustained in connection with the person's renewal of Lottery game ticket purchases or redemptions; and

C) The individual's name, address, taxpayer identification number, and notarized signature (subscribed and sworn).

2) A decision whether to remove a person from the Self-Exclusion List shall be at the discretion of the Director, and the Director shall not rule on a request for removal from the Self-Exclusion List until all of the requirements of this subsection (d) are met. Written notification of the determination will be sent to the individual by certified mail.

3) Any information as to mental health or medical conditions received pursuant to this subsection (d) will be maintained pursuant to the Mental Health and Developmental Disabilities Confidentiality Act [740 ILCS 110 ] and other applicable federal and State laws. A verified written consent is necessary to the release of all of the person's medical and counseling records related to the proposed removal from the Self-Exclusion List.

4) Any additional information, forms, recommendations, or other materials necessary, as determined by the Director, to demonstrate the elimination of mental health or a medical condition underlying the person's acknowledgement that he or she has been a problem gambler and unable to gamble responsibly.

5) Any request for removal received by the Lottery prior to the expiration of the selected exclusion period shall be denied.

e) Disclosure

1) The Lottery's list of self-excluded persons shall be kept confidential. Except as required by this Section, Lottery licensees and Management Services Providers shall not disclose the names included in the Self-Exclusion List.

2) The Lottery may disclose de-identified information from the Self-Exclusion List to one or more research entities selected by the Lottery for the purpose of evaluating the effectiveness of, and ensuring the proper administration of, the Voluntary Self-Exclusion Program.

3) Any person placed on the Self-Exclusion List is deemed ineligible to purchase a Lottery ticket at any licensed Lottery retailer under the jurisdiction of the Lottery. Persons on the Self-Exclusion List shall not be entitled to recover losses resulting from their gambling activity being voided. All Illinois Lottery prizes that are unclaimed as a result of the Voluntary Self-Exclusion Program shall be handled in the same manner as other unclaimed prizes and may be included in the prize pool of special drawings the Department may, from time to time, designate. All unclaimed prize money not included in the prize pool of a special drawing shall be transferred to the Common School Fund. [20 ILCS 1605/19]

f) Lottery Retailers Duties and Responsibilities

1) Lottery retailers shall have the following responsibilities relative to the administration of the Voluntary Self-Exclusion Program:

A) Verify that any person seeking to purchase a ticket is not on the Self-Exclusion List;

B) To refuse the sale of any gambling product approved by the Lottery, by any individual the licensee or Lottery retailer has identified as being on the Self-Exclusion List or a person the licensee or retailer suspects of being on the Self-Exclusion List;

C) To promptly notify the Lottery, or its designee, if an individual on the Self-Exclusion List purchases or attempts to purchase a Lottery product;

D) Remove self-excluded persons from player loyalty or reward card programs and targeted print, online or other forms of advertising or promotions;

E) Refrain from marketing to individuals on the Self-Exclusion List;

F) Deny a person on the Self-Exclusion List from accessing complimentary services or items, check cashing privileges, player reward programs, and other similar benefits;

G) Deny a person on the Self-Exclusion List from any winnings derived from gambling. Winnings derived from gambling shall include, but not be limited to, such things as proceeds derived from the purchase of any gambling product approved by the Lottery. When reasonably possible, the licensee or Lottery retailer shall confiscate from the individual, in a lawful manner, or shall notify a Lottery agent who shall confiscate, or shall refuse to pay any winnings derived from gambling or any money or thing of value that the individual has converted or attempted to convert into a gambling instrument, whether actually wagered or not. A wagering instrument shall include, but is not limited to, tickets, vouchers, prizes, non-complimentary pay vouchers, electronic credits on a mobile wagering system, or any other implement of value representing a prize won from gambling. The monetary value of the confiscated winnings shall be paid to the Lottery within 45 days;

H) If an individual on the Self-Exclusion List wishes to contest the forfeiture of winnings or things of value, the individual may request a hearing in writing with the Lottery within 15 days after the date of the forfeiture. The request shall identify the reason why the winnings or things of value should not be forfeited. A hearing shall be conducted to determine whether the subject funds were properly forfeited in accordance with this Section;

I) In cooperation with the Lottery, and when reasonably possible, the licensee or Lottery retailer shall determine the amount wagered and lost by an individual who is prohibited from gambling. The monetary value of the losses shall be paid to the Lottery within 45 days.

2) Programs and policies created by this Section are intended to prevent problem gambling, treat problem gamblers, and promote responsible gaming. The sole remedy for failure to comply with this Section shall be disciplinary actions imposed by the Lottery.

Ill. Admin. Code tit. 11, § 1770.240

Added at 32 Ill. Reg. 14888, effective August 28, 2008

Amended at 47 Ill. Reg. 13924, effective 9/18/2023