Ohio Admin. Code 3772-74-01

Current through all regulations passed and filed through December 2, 2024

Section 3772-74-01 - Definitions

(A) The words and terms defined in section 3774.01 of the Revised Code are used in Chapter 3772-74 of the Administrative Code as they are defined in that section.

(B) As used in Chapter 3772-74 of the Administrative Code, the following words have the following meanings, unless the context clearly indicates otherwise:

(1) "Advertisement" means any notice or communication to the public or any information concerning the fantasy contest-related business designed to solicit or entice fantasy contest players to participate in fantasy contests of a fantasy contest operator through broadcasting, publication, or any other means of dissemination and includes promotional giveaways, games, and similar activities.

(2) "Applicant" means any person who applies for a license under fantasy contest law.

(3) "Conduct" means to back, promote, offer, organize, manage, carry on, sponsor, or prepare for the operation of a fantasy contest.

(4) "Fantasy contest operator employee" means any of the following:

(a) A board member or employee of a fantasy contest operator;

(b) A board member or employee of a fantasy contest management company that must apply for licensure under rule 3772-74-08 of the Administrative Code; or

(c) Any contractor of a person described in paragraph (B)(4)(a) or (B)(4)(b) of this rule who has access to material nonpublic information.

(5) "Fantasy contest law" means division (L) of section 3772.03 of the Revised Code, Chapter 3774. of the Revised Code, and Chapter 3772-74 of the Administrative Code.

(6) "Fantasy contest player funds" means cash or cash equivalents of all of the following:

(a) Amounts held by the fantasy contest operator in the fantasy contest player's account. Funds that have been withdrawn by a fantasy contest player from a fantasy contest player's account are not captured in this definition;

(b) Amounts accepted by the fantasy contest operator as entry fees on fantasy contests whose outcome have not yet been determined; and

(c) Amounts owed to fantasy contest players but not yet paid by the fantasy contest operator as prizes, up to the amount of entry fees collected.

(7) "Licensee" means any person who has been granted a license under fantasy contest law.

(8) "Participate in conducting" means:

(a) To have a part in or share of backing, promoting, offering, organizing, managing, carrying on, sponsoring, or preparing the operation of a fantasy contest; or

(b) To manufacture, distribute, sell, lease, or otherwise supply or provide fantasy contest equipment, goods, or services.

(9) "Person" has the same meaning as in section 3772.01 of the Revised Code.

(10) "Prize" means anything of value, including but not limited to, cash or a cash equivalent, contest credits, merchandise, or admission to another fantasy contest in which a prize may be awarded.

(11) "Proposition selection" means fantasy contest players choosing whether an identified instance or statistical achievement will occur, will be achieved, or will be surpassed.

(12) "Roster" means a selected and assembled group of athletes from the underlying actual events and does not include fantasy contests that have the effect of mimicking proposition selection.

Ohio Admin. Code 3772-74-01

Five Year Review (FYR) Dates: 7/22/2024 and 07/22/2029
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3774.03
Rule Amplifies: 3774.01, 3774.03, 3774.06
Prior Effective Dates: 09/03/2019

Effective: 9/3/2019
Five Year Review (FYR) Dates: 09/03/2024
Promulgated Under: 119.03
Statutory Authority: 3772.03, 3774.03
Rule Amplifies: 3774.01, 3774.03, 3774.06