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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



CHAPTER 1409a. SPORTS WAGERING ADVERTISEMENTS, PROMOTIONS AND TOURNAMENTS

Sec.


1409a.1.    General requirements.
1409a.2.    Sports wagering contests, tournaments, pools or other organized events.

Authority

   The provisions of this Chapter 1409a added under 4 Pa.C.S. § §  1202(b)(30) and 13C02, unless otherwise noted.

Source

   The provisions of this Chapter 1409a added September 10, 2021, effective September 11, 2021, 51 Pa.B. 5973, unless otherwise noted.

§ 1409a.1. General requirements.

 A sports wagering certificate holder or sports wagering operator must comply with the advertisement and promotions requirements of Subparts C—E, I and L regarding its retail and interactive or mobile sportsbooks, including those provisions that require sports wagering certificate holders or sports wagering operators to submit all information to the Board as required by Subparts C—E, I and L.

§ 1409a.2. Sports wagering contests, tournaments, pools or other organized events.

 (a)  A sports wagering certificate holder or sports wagering operator may offer a sports wagering contest, tournament, pool or other organized event in which a player purchases entry and engages in competitive play against other players, subject to the following:

   (1)  Prior to offering a sports wagering contest, tournament, pool or other organized event, a sports wagering certificate holder or sports wagering operator shall file with the Office of Sports Wagering Operations notification of the terms and conditions of the contest, tournament, pool or other organized event at least 2 business days prior to the start of the contest, tournament, pool or other organized event.

   (2)  The terms and conditions for the contest, tournament, pool or other organized contest shall not be altered by the sports wagering certificate holder or sports wagering operator after notification to the Office of Sports Wagering Operation without filing an additional notification, and shall include, at a minimum, all of the following:

     (i)   A description of the sports wagering contest, tournament, pool or other organized event.

     (ii)   The dates and times in which the sports wagering contest, tournament, pool or other organized event will be conducted.

     (iii)   Rules concerning sports wagering contest, tournament, pool or other organized event play and participation.

     (iv)   Participation eligibility requirements, including all of the following:

       (A)   The minimum and maximum number of participants.

       (B)   Entry fees charged.

       (C)   The monetary amount and description of the prizes to be awarded.

     (v)   All conditions registered players shall meet to qualify for entry into, and advancement though, a sports wagering contest, tournament, pool or other organized event.

     (vi)   Funding source amounts comprising the prize pool (for example, the sports wagering entry fees).

     (vii)   Prize structure on payouts.

     (viii)   Methodology for determining winners of the sports wagering contest, tournament, pool or other organized event.

     (ix)   Any other information required by the Board.

   (3)  The terms and conditions for all sports wagering contests, tournaments, pools or other organized events shall be posted on the interactive sports wagering web site or mobile application or, if applicable, in the sports wagering area of a retail sports book, and shall be stated in a clear and concise manner using plain language.

   (4)  The terms and conditions of each sports wagering contest, tournament, pool or other organized event must be readily accessible to players on the interactive sports wagering web site or mobile application and remain available for review by players until the completion of the sports wagering contest, tournament, pool or other organized event.

   (5)  A sports wagering contest, tournament, pool or other organized event may not accept real money from any source nor pay out real money in any way during a contest, tournament, pool or other organized event, and must utilize contest, tournament, pool or other organized event specific points or credits which do not have cash value.

 (b)  Entry fees collected, less cash prizes paid, are to be included in the calculation of gross sports wagering revenue. In determining the amount to be included in the event that cash prizes paid out to players exceed entry fees collected, the sports wagering certificate holder or sports wagering operator shall be deemed to have paid the fees for the players.

 (c)  After completion of a sports wagering contest, tournament, pool or other organized event, the results shall be made available on the interactive sports wagering web site or mobile application or, if applicable, in the sports wagering area of a retail sportsbook, for the players to review. Subsequent to posting, the results shall be recorded and be made available upon request, with the recording including all of the following:

   (1)  The name of the sports wagering contest, tournament, pool or other organized event.

   (2)  Date or dates of the sports wagering contest, tournament, pool or other organized event.

   (3)  Total number of entries.

   (4)  Total amount of entry fees collected.

   (5)  Total prize pool.

   (6)  Amounts paid for each winning category.

 (d)  Immediately upon notification from the Board’s Executive Director, a sports wagering certificate holder or sports wagering operator licensee shall discontinue a sports wagering contest, tournament, pool or other organized event when it has been determined that the conduct of a sports wagering contest, tournament, pool or other organized event could adversely impact the public or the integrity of gaming.

 (e)  A sports wagering contest, tournament, pool or other organized event may only be comprised of sporting events and wagers contained in the sports wagering certificate holder or sports wagering operator’s approved Catalog of Events and Wagers under §  1408a.3(i) (relating to internal controls).

 (f)  All software and sports wagering devices and associated equipment used in conjunction with sports wagering contests, tournaments, pools or other organized events are subject to requirements set forth in §  1407a.3 (relating to testing and approval generally).

 (g)  Sports wagering contests, tournaments, pools or other organized events that do not require payment of an entry fee by a player are not subject to notification to the Office of Sports Wagering, but shall be considered a promotion and submitted as a notification to the Office of Sports Wagering under §  813a.3 (relating to promotions).

 (h)  When conducting a sports wagering contest, tournament, pool or other organized event, a sports wagering certificate holder or sports wagering operator shall comply with the provisions of §  811a.9 (relating to required reports; reconciliation). In addition to the reports contained therein, the sports wagering certificate holder or sports wagering operator shall maintain and make available to the Board upon request the following information for sports wagering contests, tournaments, pools or other organized events:

   (1)  Name of the sports wagering contest, tournament, pool or other organized event.

   (2)  Start date of the sports wagering contest, tournament, pool or other organized event.

   (3)  End date of the sports wagering contest, tournament, pool or other organized event.

   (4)  Total number of entrants.

   (5)  Total number of entries.

   (6)  Total amount of entry fees.

   (7)  Fees collected.

   (8)  Total prize pool.

   (9)  Patron’s wagering selections.

   (10)  Contest, tournament, pool or other organized event results.

   (11)  Amounts paid for each winning category.

 (i)  A sports wagering certificate holder or sports wagering operator licensee shall maintain records related to the conduct of sports wagering contests, tournaments, pools or other organized events in accordance with §  465a.6(c) (relating to retention, storage and destruction of books, records and documents) which shall be made available to Board staff and the Department upon request.



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