Mich. Admin. Code 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.
Notes
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