Mich. Admin. Code R. 432.533

Current through Vol. 24-15, September 1, 2024

Section R. 432.533 - Advertisements

Rule 533.

(1) Any advertisements disseminated by or on behalf of a fantasy contest operator or licensed management company must satisfy all of the following:

(a) Be based on fact.

(b) Accurately depict any representations made concerning entry or participation in fantasy contests.

(c) Include information on playing responsibly and seeking assistance for compulsive gaming behavior or direct individuals to a reputable source for this information. If an advertisement is not of sufficient size or duration to reasonably allow for inclusion of this information, the advertisement must refer to a website or fantasy contest platform that does prominently include this information.

(d) Clearly and conspicuously state all material or limiting rules, terms, or conditions or provide a reference to the fantasy contest operator's or licensed management company's fantasy contest website or fantasy contest platform where all material or limiting rules, terms, or conditions may be found. The referenced material must be publicly available and must state all rules, terms, or conditions clearly and conspicuously.

(2) Any advertisements disseminated by or on behalf of a fantasy contest operator or licensed management company must not do any of the following:

(a) Employ false, deceptive, or misleading advertising techniques.

(b) Contain false, deceptive, or misleading information.

(c) Include or involve targeted advertisements directed to either of the following:

(i) Self-restricted individuals.

(ii) Individuals who are less than 18 years of age.

(d) Portray entry or participation in fantasy contests by anyone who is less than 18 years of age.

(e) Prominently depict anyone who is less than 18 years of age, except for an athlete in an athletic event who may be less than 18 years of age.

(f) Depict or imply the endorsement of any high school or youth sporting league, event, team, or athlete.

(g) Be disseminated in any publication or through any other medium whose target demographic is exclusively or primarily individuals who are less than 18 years of age.

(h) Depict any fantasy contests that do not comply with the act and these rules.

(3) If the board determines that any advertisement disseminated by or on behalf of a fantasy contest operator or licensed management company violates this rule or could adversely impact the public or the integrity of fantasy contests, the board may direct the fantasy contest operator or licensed management company in writing to discontinue use of the advertisement in this state and may take any other action available to the board. On receipt of a written notice from the board directing discontinuance of an advertisement, the fantasy contest operator or licensed management company must discontinue use of the advertisement in this state as expeditiously as possible.

(4) A fantasy contest operator or licensed management company must retain a copy of each advertisement for at least 3 years from the date of the last use of the advertisement and must retain records to identify where and how the advertisement was communicated, published, or otherwise disseminated. The fantasy contest operator or licensed management company must provide the advertisement copies and records to the board on request.

(5) A fantasy contest operator or licensed management company must not use an affiliate marketer that promotes or markets, or both, any of the following to individuals in this state:

(a) Illegal fantasy contest sites that are not licensed, approved, or otherwise lawfully allowed to accept fantasy contest entries from customers located in this state or another state.

(b) Illegal online gaming sites including, but not limited to, illegal internet gaming sites, illegal internet sports betting sites, and illegal advance deposit wagering sites. An illegal online gaming site is an online gaming site that is not licensed, approved, or otherwise lawfully allowed to accept internet wagers, internet sports betting wagers, or advance deposit wagers, as applicable, from customers located in this state or another state.

Mich. Admin. Code R. 432.533

2023 MR 20, Eff. 10/11/2023