Mich. Admin. Code R. 432.532d - Fantasy contest self-restriction program

Rule 532d.

(1) A fantasy contest operator or licensed management company must establish and operate a self-restriction program as prescribed in the act and these rules and as directed by the board.

(2) A fantasy contest operator or licensed management company must make its self-restriction program clearly and conspicuously available on its fantasy contest platform.

(3) A fantasy contest operator's or licensed management company's self-restriction program must include a means to allow an individual to self-restrict his or her ability to enter or participate in fantasy contests offered by the fantasy contest operator or licensed management company, subject to all of the following conditions:

(a) The means to enable self-restriction must be made available by at least 1 of the following, at a minimum:

(i) Website or fantasy contest platform.

(ii) Telephone.

(iii) Online chat.

(b) An individual must be allowed to select the length of time the self-restriction will be in effect, subject to both of the following conditions:

(i) The time periods offered to or that may be selected or identified by an individual must include, at a minimum, 1 year and 5 years. A fantasy contest operator or licensed management company may offer or allow an individual to select or identify additional time periods that may include, but are not limited to, time periods of less than 1 year and lifetime self-restriction.

(ii) A self-restriction must end and must cease to be effective on the expiration of the time period selected or identified by an individual unless the individual extends or renews the self-restriction or enables a new self-restriction.

(c) Once enabled, a self-restriction must be irrevocable. A fantasy contest operator or licensed management company may allow an individual to increase the length of a self-restriction but must not allow an individual to decrease the length of or otherwise cancel a self-restriction.

(d) An individual enabling a self-restriction must agree to release all of the following from any harm, monetary or otherwise, that may arise as a consequence of the self-restriction:

(i) This state.

(ii) The board and its employees and agents.

(iii) The fantasy contest operator or licensed management company, as applicable, and its officers, directors, employees, and agents.

(e) A fantasy contest operator or licensed management company must provide to an individual, before the individual enables a self-restriction, a full explanation of the self-restriction, which must include, but is not limited to, all of the following information:

(i) The duties of the individual with respect to the self-restriction.

(ii) The duties of the fantasy contest operator or licensed management company with respect to the self-restriction.

(iii) Information explaining that the individual may not collect any prizes or awards or recover any losses resulting from entry or participation in fantasy contests during the period the self-restriction is in effect.

(iv) Information explaining that any fantasy contest entries pending at the time of the self-restriction will be cancelled and the corresponding entry fees will be refunded to the individual.

(v) A full and clear explanation of all activities the fantasy contest operator or licensed management company will restrict or prohibit the individual from engaging in during the period the self-restriction is in effect, whether in this state or any other jurisdiction, subject to all of the following conditions:

(A) During the period the self-restriction is in effect, the fantasy contest operator or licensed management company must prohibit the self-restricted individual from establishing a fantasy contest player account under the act and these rules and from entering or participating in a fantasy contest offered by the fantasy contest operator or licensed management company under the act and these rules.

(B) During the period the self-restriction is in effect, the fantasy contest operator or licensed management company may elect to restrict or prohibit the self-restricted individual from engaging in activities other than those described in subparagraph (A) of this paragraph, provided the restrictions or prohibitions are implemented only as instructed or agreed to by the self-restricted individual. This may include, but need not be limited to, restrictions or prohibitions on participation in fantasy contests conducted under the laws of another jurisdiction and restrictions or prohibitions on participating in gaming-related or other activities conducted in this state or any other jurisdiction.

(C) All restrictions and prohibitions implemented under this paragraph must end and must cease to be effective on expiration of the time period selected or identified by the self-restricted individual under subdivision (b) of this subrule unless the individual extends or renews the self-restriction or enables a new self-restriction.

(f) A completed request for a self-restriction, once received and approved by a fantasy contest operator or licensed management company, must take effect immediately or at the time that was clearly indicated to the individual requesting the self-restriction. A fantasy contest operator or licensed management company must ensure the self-restriction is correctly implemented at the time it takes effect.

(4) During the period a self-restriction is in effect under subrule (3) of this rule, a self-restricted individual is prohibited from establishing a fantasy contest player account and from entering or participating in a fantasy contest offered by a fantasy contest operator or licensed management company.

(5) A fantasy contest operator or licensed management company may offer additional notifications or self-imposed limits, or both, to fantasy contest players, which may include, but are not limited to, any of the following:

(a) Deposit limits or notifications.

(b) Fantasy contest entry volume limits or notifications.

(c) Fantasy contest entry fee limits or notifications.

(d) Loss limits or notifications.

(e) Time-based limits or notifications.

(f) Temporary suspension of an individual's fantasy contest player account, during which time the individual must be prevented from making a deposit and entering or otherwise participating in fantasy contests offered by the fantasy contest operator or licensed management company.

(g) Any other limits or notifications the fantasy contest operator or licensed management company considers appropriate.

(6) If additional notifications or self-imposed limits, or both, are offered by a fantasy contest operator or licensed management company under subrule (5) of this rule, the fantasy contest operator or licensed management company must do all of the following:

(a) Provide fantasy contest players with an easy and obvious method to request a notification or self-imposed limit.

(b) Ensure any self-imposed limits do not override any more restrictive limits imposed by the fantasy contest operator or licensed management company.

(c) Prevent a fantasy contest player from removing or reducing the severity of a notification or self-imposed limit with less than 24 hours" notice.

(d) Provide to a fantasy contest player, before he or she enables a notification or self-imposed limit, a full explanation of the notification or self-imposed limit.

(e) Adopt commercially reasonable procedures and internal controls to implement and enforce all notifications and self-imposed limits.

(7) A fantasy contest operator or licensed management company must include on its website or fantasy contest platform a responsible gaming page that is readily accessible to each fantasy contest player throughout a fantasy contest player session. The responsible gaming page must contain, but is not limited to, all of the following:

(a) Information on playing responsibly and how to ask for assistance for compulsive gaming behavior.

(b) Educational information from a reputable mental health or addiction services organization based in the United States on identifying, monitoring, and managing compulsive gaming behavior.

(c) Information regarding resources related to compulsive gaming behavior, including, but not limited to, both of the following:

(i) At least 1 of the following compulsive gaming helplines:

(A) The Michigan Gambling Disorder Helpline administered by the Michigan department of health and human services or its successor.

(B) The National Problem Gambling Helpline operated by the National Council on Problem Gambling.

(C) Any other compulsive gaming helpline operated by a reputable organization based in the United States that is free of charge to fantasy contest players.

(ii) A direct link to at least 1 of the following:

(A) The Michigan gaming control board compulsive/problem gambling website, https://www.michigan.gov/mgcb/0,4620,7-351-79256-231582--,00.html.

(B) The Michigan department of health and human services problem gambling website, https://www.michigan.gov//mdhhs/0,5885,7-339-71550_2941_74002---,00.html.

(C) Any other reputable organization based in the United States that is dedicated to helping people with compulsive gaming behavior.

(d) A clear statement of the fantasy contest operator's or licensed management company's policy and commitment to responsible gaming.

(e) Any other responsible gaming information or measures required by the board.

(8) A fantasy contest operator's or licensed management company's self-restriction program must be designed to safeguard the confidentiality of an individual's personal identifiable information.

(9) A fantasy contest operator or licensed management company must make reasonable efforts to prevent the direction of targeted advertisements to a self-restricted individual. A fantasy contest operator or licensed management company is considered to have complied with this subrule if both of the following occur:

(a) The fantasy contest operator or licensed management company removes the self-restricted individual from all targeted advertisements disseminated by or on behalf of the fantasy contest operator or licensed management company.

(b) The self-restricted individual does not receive targeted advertisements more than 30 days after the individual enabled the self-restriction.

(10) A fantasy contest operator or licensed management company may disclose the names and other identifying information of self-restricted individuals to a third party involved in disseminating advertisements on behalf of the fantasy contest operator or licensed management company for the purpose of allowing the third party to remove the self-restricted individuals from a targeted advertisement or other advertisement.

(11) A third party that obtains the names or other identifying information, or both, of self-restricted individuals from a fantasy contest operator or licensed management company is allowed to use the information only to exclude the self-restricted individuals from targeted advertisements or other advertisements disseminated on behalf of the fantasy contest operator or licensed management company. The third party to whom the information is disclosed must not distribute or disclose the information to the public or any other person. Disclosure may result in a fine or other action available to the board.

Notes

Mich. Admin. Code R. 432.532d

2023 MR 20, Eff. 10/11/2023