La. Admin. Code tit. 42 § VI-517

Current through Register Vol. 50, No. 11, November 20, 2024

Section VI-517 - Advertising, Mandatory Signage

A. Licensees and operators shall not advertise sports wagering to a person by phone, email, or any other form of individually targeted advertisement or marketing material if the person has self-restricted or is excluded pursuant to the provisions of the Act or these regulations, or if the person is otherwise barred from participating in sports wagering (including, but not limited to, advertisements targeted to persons under the age of 21).

B. Advertisements and marketing material shall not depict minors.

C. Licensees and operators shall not advertise or run promotional activities at any primary or secondary schools, as defined by Louisiana law and including elementary, middle, and high schools, or sports venues exclusively used for primary or secondary schools.

D. Licensees and operators shall ensure that all advertisements of sports wagering do not target prohibited players, persons under the age of 21, or self-restricted or excluded persons.

E. Licensees and operators shall not misrepresent the frequency or extent of winning in any advertisement.

F. Licensees and operators shall provide on its sports wagering platform, any websites, and in all advertisements of sports wagering the toll-free telephone number available for information and referral services regarding compulsive or problem gambling as required in R.S. 27:27.3, and a problem gambling assistance message. The problem gambling assistance message shall be comparable to "IF YOU OR SOMEONE YOU KNOW HAS A GAMBLING PROBLEM, CALL [BOARD APPROVED NUMBER]" or "GAMBLING PROBLEM? CALL [BOARD APPROVED NUMBER]".

1. All letters accompanying the toll-free telephone number shall be in capital letters and the same size as the toll-free telephone number. The toll-free telephone number and letters shall appear in conspicuous and legible type in contrast by typography, layout, or color with all other printed material on the advertisement and shall comply with the requirements contained in this Section.

G. Licensees and operators shall comply with the provisions of §2927 of Part III of this Title and the following.

1. Exterior Print Advertisements

a. Exterior print advertising including, but not limited to, billboards shall display the toll-free telephone number and all accompanying letters in a rectangle. The rectangle shall comprise an area equal to 1/10 of the entire advertisement's height and extend across the entire width of the advertisement. The toll-free telephone number and accompanying letters must be sized to utilize the entire area within the rectangle. In the case of billboards, the rectangle containing the toll-free telephone number shall be a part of the billboard itself and not a separate add-on to the frame.

2. Print Advertisements

a. Print advertising which is handheld or which is customarily viewed by the person holding the advertisement including, but not limited to, newspapers, flyers, coupons and other forms of advertising shall display the toll-free telephone number and all accompanying letters in a rectangle. The rectangle shall comprise an area equal to 1/20 of the entire advertisement's height and extend across the entire width of the advertisement. The toll-free telephone number and accompanying letters must be sized to utilize the entire area within the rectangle.

3. Radio Advertisements

a. Radio advertisements shall contain a problem gambling assistance message with a board approved problem gambling toll-free number.

4. Television and Video Advertisements

a. Television and video advertisements shall contain a problem gambling assistance message with a board approved problem gambling toll-free number. The message and number must either:

i. be visible throughout the entire time the advertisement is broadcast or displayed, with the height of the font used for the problem gambling assistance message and number being at least two percent of the height or width, whichever is greater, of the image that will be displayed; or

ii. be visible in a separate dedicated screen shot for at least three seconds of the advertisement, with the height of font used for the problem gambling assistance message and number being at least eight percent of the height or width, whichever greater, of the image that is displayed.

5. Web and Social Media Advertisements

a. All webpages and profile pages of any gaming-related advertisement shall contain a problem gambling assistance message with a board approved problem gambling toll-free number.

i. The height of the font of the problem gambling assistance message and number shall be at least the same size as the majority of the text used on the webpage or profile page.

H. Operators shall ensure that all advertising, public relations activities, and marketing campaigns comply with this Section and do not: contain false or misleading information; fail to disclose conditions or limiting factors associated with the advertisement; use a font, type size, location, lighting, illustration, graphic depiction or color obscuring conditions or limiting factors associated with the advertisement; consist of indecent or offensive graphics or audio, or both; encourage players to chase their losses or reinvest their winnings; or suggest that sports wagering is a means of solving financial problems.

I. Advertisements, public relations activities, and marketing campaigns shall provide information on compulsive gambling treatment or counseling; promote a problem gambling hotline; be socially responsible; and give a balanced message with regard to winning and losing.

J. Advertisements, public relations activities, and marketing campaigns of sports wagering platform providers shall identify the sports wagering licensee on behalf of whom it operates the sports book for purposes of said advertisement or campaign. For advertisements for mobile wagering, such as an app or website, the identifier must be for the licensee(s) with whom the platform provider contracts for mobile wagering. The identifier shall be the logo whenever possible, but may be the name, logo, or d/b/a of the sports wagering licensee and/or a statement that indicates who the sports book is operated on behalf of. The identifier must be conspicuous and reasonable in size and font to be legible by the consumer.

K. Advertisements by applicants for a sports wagering license or sports wagering platform provider permit must include a statement indicating its license or permit is pending.

L. Licensees or operators shall delete or modify any advertisement which does not confirm to the requirements of this Section or is necessary for the immediate preservation of public peace, health, safety, and welfare of Louisiana residents.

M. Licensees or operators shall retain a copy of all advertising and marketing materials intended to promote any sports wagering operation in the state of Louisiana, which shall be made available to the division upon request.

La. Admin. Code tit. 42, § VI-517

Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 47, Promulgated by the Department of Public Safety and Corrections, Gaming Control Board, LR 4860 (1/1/2022), Amended LR 481861 (7/1/2022).

AUTHORITY NOTE: Promulgated in accordance with R.S. 27:15 and 24.