Statutes, codes, and regulations
Delaware Administrative Code
Title 10 - Charitable Gaming, Lottery, and Fantasy SportsOffice of the State Lottery
Internet Lottery Rules and Regulations
Section 206-13.0 - Customers: Registration, Funds and Protection

10 Del. Admin. Code § 206-13.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 206-13.0 - Customers: Registration, Funds and Protection

Requirement to Register

13.1 No player may play an Internet lottery game without first registering to become an authorized player.
13.2 Regardless of location, PC and Mac players may register to play for free by providing, at a minimum, the following:
13.2.1 Full Name
13.2.2 Address and/or email address
13.2.3 Date of Birth or affirmation of legal gambling age
13.2.4 Self-verification that the information provided is correct.
13.3 Automated identity and age verification need not be performed for players registering to play for free. Only subsection 13.2.3 shall be required for players registering to play for free on a mobile device.
13.4 Players intending to play for real-money wagering must register by providing the following:
13.4.1 Full Name
13.4.2 Address
13.4.3 Cellular phone number
13.4.4 Email address
13.4.5 Date of birth
13.4.6 Social security number, if a United States resident or other form of government issued identification for non-US residents
13.5 Identity and age verification must be performed for players registering to play for real-money wagering.
13.6 Only players who complete the registration for real money wagering will be permitted to deposit funds into their gaming accounts. Funds may be deposited to the account of a player registered for real money wagering from any geographic location.
13.7 Only authorized players who access the licensed agent's website and have been reasonably determined to be located within the state of Delaware will be able to play Internet lottery games for real-money wagering.

Single Customer Account

13.8 Players shall be permitted to have one activeaccount at each Internet lottery agent provided the Internet lottery system employs a method of preventing inappropriate or fraudulent play resulting from an individual attempting to log on at more than one agent's site at the same time.
13.8.1 Each player account shall be treated independently and players shall not be permitted to transfer funds between accounts held with different Internet lottery agents.
13.8.2 Players shall not be permitted to transfer funds to an account held by another player.

Identity Verification

13.9 The Internet lottery system must have a means to verify the identity and age of a registrant.

State Exclusion List

13.10 Before completing the registration of a person for an Internet lottery gaming account, the Internet lottery system must verify that the person is not on the official exclusion list of persons to be excluded or ejected from internet lottery and video lottery facilities in the State of Delaware.
13.10.1 The agency or licensed agents will provide a current copy of the official exclusion list to the technology provider for the purposes of screening applicants registering for or attempting to play with an Internet lottery gaming account.

Self-Exclusion

13.11 Each licensed agent's website shall have a link to the self exclusion page of the Lottery website.
13.12 Any person may have his or her name placed on the self-exclusion list by submitting a request for self-exclusion in the form and manner required by these Internet Lottery Regulations.
13.13 Any person requesting placement on the self-exclusion list shall submit in person, a completed request for self-exclusion as required in this Regulation. The request shall be delivered to the Delaware State Lottery Office, 1575 McKee Road, Dover, DE. Any person submitting a self-exclusion request shall be required to present valid identification credentials containing his or her signature and a photograph and general physical description. Any person requesting self-exclusion pursuant to these Regulations shall be required to have his or her photograph taken by the Lottery or DGE on submission of the request.
13.14 A request for self-exclusion shall be in a form prescribed by the Lottery which form shall include:
13.14.1 The following identifying information concerning the person submitting the request for self-exclusion:
13.14.1.1 Name, including any aliases or nicknames;
13.14.1.2 Date of birth;
13.14.1.3 Address of current residence;
13.14.1.4 Telephone number;
13.14.1.5 Social security number or other form of government issued identification for non-US residents;
13.14.1.6 A physical description of the person, including height, weight, gender, hair color, eye color, and any other physical characteristic that may assist in the identification of the person.
13.14.2 The length of minimum self-exclusion requested by the person:
13.14.2.1 One year;
13.14.2.2 Five years; or
13.14.2.3 Lifetime.
13.14.3 A waiver and release which shall release and forever discharge the State of Delaware, its employees, and agents, and all Internet lottery agents, and their employees and agents from any liability to the person requesting self exclusion and his or her heirs, administrators, executors, and assigns for any harm, monetary or otherwise, which may arise out of or by reason of any act or omission relating to the request for self-exclusion or request for removal from the self-exclusion list, including:
13.14.3.1 Its processing or enforcement;
13.14.3.2 The failure of an Internet lottery agent to prevent Internet lottery play by a self-excluded person, or the failure by the agent to restore the ability of self-excluded person to play Internet lottery games;
13.14.3.3 Permitting a self-excluded person to engage in Internet lottery game play while on the list of self-excluded persons; and
13.14.3.4 Disclosure of the information contained in the self-exclusion request or list, except for a willfully unlawful disclosure of such information.
13.14.4 The signature of the person submitting the request for self-exclusion indicating acknowledgment of the following statement:

"I am voluntarily requesting exclusion from all gaming activities at all licensed Delaware Video Lottery Agent locations and their Internet lottery sites because I am a problem gambler. I certify that the information provided above is true and accurate, and that I have read and understand and agree to the waiver and release included with this request for self-exclusion. I am aware that my signature below authorizes the Lottery and the DGE to direct all licensed Video Lottery Agents to prohibit my access to their premises and all Internet lottery sites in accordance with this request and unless I have requested to be excluded for life, until such time as the Lottery removes my name from the self-exclusion list in response to my written request to terminate my voluntary self-exclusion. I am aware and agree that during any period of self-exclusion, I shall not collect any winnings or recover any losses resulting from any gaming activity at all licensed Video Lottery Agent facilities and Internet lottery sites, and that any money or thing of value obtained by me from, or owed to me by a Video Lottery Agent as a result of wagers made by me while on the self-exclusion list shall be subject to forfeiture. I am aware that during my period of self-exclusion I will be denied access to any player club promotions, offers or memberships relating to video lottery and internet lottery activities. Note: any person whose name has been placed on the self-exclusion list, who thereafter knowingly enters a gaming area, is guilty of a Class A misdemeanor."

13.14.5 The type of identification credentials examined containing the signature of the person requesting self-exclusion, and whether said credentials included a photograph and general physical description of the person; and
13.14.6 The signature of an authorized Lottery employee accepting the request, indicating that the signature of the person on the request for self-exclusion seems to agree with that contained on his or her identification credentials and that any photograph and physical description of the person seems to agree with his or her actual appearance.

Self Exclusion List

13.15 The Lottery shall maintain the official self-exclusion list and shall notify each Internet lottery agent of any addition to or deletion from the list by mailing a notice to each Internet lottery agent. The Lottery may provide copies of the official self-exclusion list to the DGE.
13.16 Each Internet lottery agent shall maintain its own copy of the self-exclusion list and shall establish procedures to ensure that its copy of the self-exclusion list is updated and that all appropriate employees and agents of the Internet lottery agent are notified of any addition to or deletion from the list within 48 hours after the notice is mailed by the Lottery. The notice mailed by the Lottery shall include the name and date of birth of any person whose name shall be removed from self-exclusion list and the following information concerning any person whose name shall be added to the self-exclusion list:
13.16.1 Name, including any aliases or nicknames;
13.16.2 Date of birth;
13.16.3 Address of current residence;
13.16.4 Telephone number;
13.16.5 Social security number or other form of government issued identification for non-US residents;
13.16.6 A physical description of the person, including height, weight, gender, hair color, eye color, and any other physical characteristic that may assist in the identification of the person; and
13.16.7 A copy of the photograph taken by the Lottery or DGE.
13.17 Information furnished to or obtained by the Lottery or DGE shall be deemed confidential and not be disclosed except in accordance with these regulations.
13.18 No Internet lottery agent or employee or agent thereof shall disclose the name of, or any information about, any person who has requested self-exclusion to anyone other than employees of the agent whose duties and functions require access to such information. Notwithstanding the foregoing, an Internet lottery agent may disclose the name of and information about a self-excluded person to appropriate employees of another Internet lottery agent for the purpose of alerting other Internet lottery agents that a self-excluded person has tried to register on the website of an Internet lottery agent.
13.19 Each Internet lottery agent and technology provider shall establish procedures that are designed, to the greatest extent practicable to
13.19.1 Prevent any self-excluded person from registering an Internet lottery gaming account.
13.19.2 Ensure that self-excluded persons do not receive, from the Internet lottery agent any solicitations, targeted mailings, telemarketing promotions, player club materials or other promotional materials relating to Internet lottery activities;
13.20 Each Internet lottery agent shall submit to the Lottery and the DGE, a copy of its procedures established to follow with these self-exclusion regulations within thirty days of the effective date of these regulations. The agent's procedures will be incorporated into the agent's internal control submission with the agency. Any amendments to said procedures shall be submitted to the Lottery and the DGE at least three business days before the implementation. If the Lottery and the DGE do not object to said procedures or amendments thereto, such procedures or amendments shall be deemed to be approved.
13.21 Except for those persons choosing a lifetime self-exclusion, any self-excluded person may, on the expiration of the period of self-exclusion requested, request removal of his or her name from the self-exclusion list by submitting, in person, a completed request for removal as required in subsection (2) below. The request shall be delivered to the Lottery Office, 1575 McKee Road, Dover, DE. Any person submitting a request for removal from the list shall be required to present valid identification credentials containing his or her signature and a photograph and general physical description.
13.21.1 A request for removal from the self-exclusion list shall be in a form prescribed by the Lottery, which form shall include:
13.21.1.1 The identifying information specified in Internet lottery regulation 13.8;
13.21.1.2 The signature of the person requesting removal from the self-exclusion list indicating acknowledgment of the following statement:

"I certify that the information that I have provided above is true and accurate. I am aware that my signature below constitutes a revocation of my previous request for self-exclusion, and I authorize the Lottery to permit all Internet lottery agents to reinstate my Internet lottery privileges at licensed Internet lottery websites;"

13.21.1.3 The type of identification credentials examined containing the signature of the person requesting removal from the self-exclusion list, and whether said credentials included a photograph and general physical description of the person; and,
13.21.1.4 The signature of a Lottery or DGE employee authorized to accept such request, indicating that the signature of the person on the request for removal from the self-exclusion list seems to agree with that contained on his or her identification credentials and that any photograph and physical description seems to agree with his or her actual appearance.
13.21.2 The Lottery shall delete the name of the person requesting the removal from the self-exclusion list and notify each Internet lottery agent of such removal by mailing a notice to each Internet lottery agent.

Geolocation

13.22 The Internet lottery system shall include functionality to identify the geographic location of any player who requests access to play for money games.
13.22.1 The Internet lottery system shall block access to play for money games from any player for whom a geographic location cannot be determined.
13.22.2 The Internet lottery system shall only allow players access to play for money games if there is reasonable assurance that the players are physically locatedin either the State of Delaware or a jurisdiction pursuant to a compact to which Delaware is a party.

Customer Accounts

13.23 Customer account balances shall be updated after each game cycle to ensure that sufficient funds are available for any future real money games the customer may choose to play.
13.23.1 It is not permitted to have a negative customer account balance.
13.23.2 Credit cannot be extended to customers by a Video Lottery Agent.
13.24 Funds may only be deposited into customer accounts by the following means:
13.24.1 Credit card;
13.24.2 Bank transfer; or
13.24.3 Other means approved by the Director.
13.25 Funds may only be withdrawn from customer accounts by the following means:
13.25.1 Bank transfer;
13.25.2 Bank draft; or
13.25.3 Other means approved by the Director.

Inactive Accounts

13.26 Accounts shall be deemed inactive as specified in Title 29, Section 4826 (c)(4) of the Delaware Code.
13.27 Inactive accounts shall be treated according to the Title 12, Chapter 11, Subchapter II of the Delaware Coderelated to abandoned or unclaimed property.
13.27.1 On or before November 10 in each year every Internet lottery license holder shall make a verified written report to the State Escheator which shall contain a true and accurate statement, as of the preceding June 30, of all inactive accounts held by it.
13.27.2 Such report shall, with respect to the inactive accounts specified in 13.20 above, include:
13.27.2.1 The name and last registered address of the account holder,
13.27.2.2 The amount due to the account holder,
13.27.2.3 The date of the last account login; and
13.27.2.4 Such other identifying information as the State Escheator may require.
13.27.3 Such report shall be in the form prescribed by the State Escheator.
13.27.4 In case any Internet lottery license holder shall on June 30 in any year not hold any inactive accounts, it shall on or before November 10 of the same year make a verified written report to the State Escheator stating as much.
13.27.5 On or before November 10, every Internet lottery license holder shall pay to the State Escheator the balances of all inactive accounts specified in the report, except for inactive accounts which have ceased to be inactive.

Privacy Policy

13.28 During the registration process the customer must agree to the terms and conditions which govern the relationship between the Internet lottery licensee and the customer. The terms and conditions must include a privacy policy which governs the protection and use of the customer's data.
13.29 A license holder or an employee or other person engaged in duties related to the conduct of an Internet lottery must not:
13.29.1 Disclose information about the name, or other identifying particulars, of a player; or
13.29.2 Use information about a player for a purpose other than the purpose for which the information was given.
13.30 The disclosure of information, or its use for a purpose other than the purpose for which it was given, is authorized if the disclosure or use is:
13.30.1 Approved in writing by the player
13.30.2 Reasonably necessary for the conduct of Internet lottery games; or
13.30.3 Required for the administration or enforcement of these regulations or required by a court of law.

Customer Complaints and Disputes

13.31 The Internet lottery agent and the technology provider shall establish a process for resolving customer complaints and disputes, and this process shall form part of the internal control system submitted to the agency for approval.
13.32 The Internet lottery licensee shall include on an appropriate page within part of its website the availability of a mechanism for resolving a customer's complaint.
13.33 Where a registered customer is unable to resolve a dispute using the process implemented by the Internet lottery agent and the technology provider, the Director shall initiate a full investigation of the complaint to be carried out by a duly authorized officer of the agency.
13.33.1 After investigating the complaint the Director shall:
13.33.1.1 Make a preliminary determination of the matter in dispute between the customer and the Internet lottery licensee;
13.33.1.2 Give written notice of that determination and the reasons for it to the customer and the Internet lottery licensee, at the same time inquiring of them whether each accepts his determination.
13.33.1.3 Where both the customer and the Internet lottery licensee accepts the preliminary determination, the determination shall be considered as final.
13.33.1.4 Where one or both recipients of the Director's preliminary determination do not accept it, the dissenting party or parties shall provide the agency with a written statement within ten days of receipt of the preliminary determination which contains the following:
13.33.1.4.1 A clear and concise assignment of each error alleged to have been committed in the preliminary determination.
13.33.1.4.2 A clear and concise statement of the facts on which the complainant relies in support of each assignment of error.
13.33.1.4.3 A prayer setting forth the relief sought.
13.33.1.4.4 The signature of the complainant.
13.33.1.4.5 A verification by the complainant or counsel for the complainant that the statements contained in the statement are true.
13.33.1.5 The Secretary of Finance shall appoint a hearing officer within a reasonable time of receipt of the statement referenced in the preceding paragraph. Notice of the hearing shall be given at least 20 days before the date it is to be held.
13.33.1.6 The complainant may appear individually, by legal counsel, or by any other duly authorized representative. In the absence of the complainant, written evidence of a representative's authority shall be presented to the hearing officer in a form satisfactory to the hearing officer.
13.33.1.7 The complainant or his duly authorized representative, may, with the approval of a hearing officer, waive the hearing and agree to submit the case for decision on the record, with or without a written brief. Such a waiver or agreement shall be in writing and placed in the record.
13.33.1.8 The complainant shall be given an opportunity for argument within the time limits fixed by the hearing officer following submission of the evidence. The hearing officer, on request of the licensee, may accept briefs in lieu of argument. The briefs shall be filed within ten days after the hearing date or within such other time as fixed by the hearing officer.
13.33.1.9 The hearing officer may admit any relevant evidence, except that it shall observe the rules of privilege recognized by law. The hearing officer may exclude any evidence which is irrelevant, unduly repetitious, or lacking a substantial probative effect.
13.33.1.10 A record shall be made of all hearings and all witnesses shall be sworn and subject to cross examination.
13.33.1.11 Following the conclusion of the hearing and within 10 days of the receipt of the transcript thereof, or within such other time as fixed by the hearing officer but in no event later than 45 days following the hearing, the hearing officer shall prepare a final decision, including his or her findings of fact and conclusions of law, and the order signed by the hearing officer shall be final. A copy of said order shall be served on the complainant and any attorney of record in person or by registered or certified mail.

10 Del. Admin. Code § 206-13.0

18 DE Reg. 370 (11/1/2014) (Final)