§ 811a.3. Terms and conditions.
(a) An interactive gaming certificate holder or interactive gaming operator shall develop terms and conditions for interactive gaming which must be included in the internal controls. The terms and conditions and any changes thereto shall be acknowledged by the player and the acknowledgment must be date and time-stamped by the interactive gaming system.
(b) The terms and conditions must address all aspects of the interactive gaming operation, including all of the following:
(1) The name of the party with whom the player is entering into a contractual relationship, including any interactive gaming certificate holder or interactive gaming operator.
(2) The player’s consent to have the interactive gaming certificate holder or interactive gaming operator confirm the player’s age and identity.
(3) Rules and obligations applicable to the player other than rules of the game including all of the following:
(i) Prohibition from allowing any other person to access or use his interactive gaming account.
(ii) Prohibition from engaging in interactive gaming activity, unless the player is physically located in this Commonwealth, unless this gaming is authorized by an interactive gaming reciprocal agreement.
(iii) Consent to the monitoring and recording by the interactive gaming certificate holder, interactive gaming operator or the Board, or all of the above, of any wagering communications and geographic location information.
(iv) Consent to the jurisdiction of this Commonwealth to resolve any disputes arising out of interactive gaming.
(v) Prohibition against utilizing automated computerized software or other equivalent mechanism, such as a bot, to engage in play.
(4) Full explanation of all fees and charges imposed upon a player related to interactive gaming transactions.
(5) Availability of account statements detailing player 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 interactive gaming and a player who does so must be prohibited from interactive gaming.
(8) Notification that if the player’s interactive gaming account remains dormant for 2 year any funds remaining on deposit and any pending wagers shall be forfeited.
(9) The player’s right to set responsible gaming limits and self-exclude.
(10) The player’s right to suspend his account for no less than 72 hours.
(11) Actions that will be taken in the event a player becomes disconnected from the interactive gaming system during game play.
(12) Notice that a malfunction voids all pays.
(13) Estimated time-period for withdrawal of funds from the interactive gaming account.
(14) Detailed information 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 login protection.
(16) Method for filing a complaint with the interactive gaming certificate holder or interactive gaming operator and method for filing with the Board an unresolved complaint after all reasonable means to resolve the complaint with the interactive gaming certificate holder or interactive gaming operator have been exhausted.
(17) Method for obtaining a copy of the terms and conditions agreed to when establishing an interactive gaming account.
(18) Method for the player to obtain account and game history from the interactive gaming certificate holder or interactive gaming operator.
(19) Notification of Federal prohibitions and restrictions regarding interactive gaming, specifically, any limitations upon interactive gaming in 18 U.S.C.A. § 1084 and the Unlawful Internet Gambling Enforcement Act of 2006 (31 U.S.C.A. § § 5361—5367). The notice must explicitly state that it is a Federal offense for persons physically located outside of this Commonwealth to engage in interactive wagering through an interactive gaming certificate holder or interactive gaming operator unless explicitly authorized by the Board or an interactive gaming reciprocal agreement.
(20) Any other information required by the Board.
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