Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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58 Pa. Code § 1408a.4. Terms and conditions.

§ 1408a.4. Terms and conditions.

 (a)  A sports wagering certificate holder or sports wagering operator shall develop terms and conditions for sports wagering which shall be included in the internal controls. The terms and conditions and any changes thereto must be acknowledged by the player and the acknowledgment must be date and time-stamped by the sports wagering system.

 (b)  The terms and conditions must address all aspects of the sports wagering operation, including all of the following:

   (1)  Name of the party or parties with whom the player is entering into a contractual relationship, including any sports wagering certificate holder or sports wagering operator.

   (2)  Player’s consent to have the sports wagering certificate holder or sports wagering operator confirm the player’s age, identity and, for purposes of interactive sports wagering, location.

   (3)  Rules and obligations applicable to the player other than rules of sports wagering including all of the following:

     (i)   Prohibition from allowing any other person to access or use his or her sports wagering account.

     (ii)   Prohibition from engaging in sports wagering activity, unless the player is physically located in this Commonwealth.

     (iii)   Consent to the monitoring and recording by the sports wagering certificate holder, the sports wagering operator or the Board, or both, of any wagering communications and geographic location information.

     (iv)   Consent to the jurisdiction of this Commonwealth to resolve any disputes arising out of sports wagering.

     (v)   Prohibition against utilizing automated computerized software or other equivalent mechanism to engage in sports wagering.

   (4)  Full explanation of fees and charges imposed upon a player related to sports wagering transactions.

   (5)  Availability of account statements detailing sports wagering account activity.

   (6)  Privacy policies, including information access and use of customer data.

   (7)  Legal age policy, including a statement that it is a criminal offense to allow a person who is under 21 years of age to participate in sports wagering and a player who does so shall be prohibited from participating in sports wagering.

   (8)  Notification that if the player’s sports wagering account remains dormant for a period of 2 years any funds remaining on deposit and any pending wagers may be forfeited under applicable State and Federal laws.

   (9)  Player’s right to set responsible gaming limits and self-exclude.

   (10)  Player’s right to suspend his or her sports wagering account for a period of no less than 72 hours.

   (11)  Actions that will be taken in the event a player becomes disconnected from the sports wagering system during active betting.

   (12)  Notice that a malfunction voids all transactions.

   (13)  Estimated time-period for withdrawal of funds from the sports wagering account.

   (14)  Detailed information regarding compulsive and problem gaming and self-exclusion to be displayed on a player protection page.

   (15)  Method for changing or retrieving a password or other approved access security feature and the ability to choose ‘‘strong authentication’’ log in protection.

   (16)  Method for filing a complaint with the sports wagering certificate holder or sports wagering operator and method for filing with the Board an unresolved complaint after all reasonable means to resolve the complaint with the sports wagering certificate holder or sports wagering operator have been exhausted.

   (17)  Method for obtaining a copy of the terms and conditions agreed to when establishing a sports wagering account.

   (18)  Method for the player to obtain account and wagering history from the sports wagering certificate holder or sports wagering operator.

   (19)  Notification of Federal prohibitions and restrictions regarding sports wagering activity, specifically, any limitations upon sports wagering activity as set forth in The Wire Act (18 U.S.C.A. § §  1081—1084) and the Unlawful Internet Gaming Enforcement Act (31 U.S.C.A. § §  5361—5367). The notice shall explicitly state that it is a Federal offense for persons physically located outside of this Commonwealth to engage in sports wagering activity through a sports wagering certificate holder or sports wagering operator, unless explicitly authorized by State or Federal law.

   (20)  Any other information as required by the Board.



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