Current through 2024-51, December 18, 2024
Section 633-28-8 - PROMOTION AND ADVERTISING1. The Board finds that the State of Maine has a compelling interest in deterring excessive use of alcohol and tobacco products, especially by minors. The Board finds that the State of Maine has a compelling interest in that advance deposit wagering is conducted by persons 18 years of age or older, as evidenced by the provisions in 8 M.R.S. Chapter 31, Subchapter 7 and 8 M.R.S. Chapter 11 that are applicable to persons younger than the age of 18.2. No advance deposit wagering operator shall allow, conduct, or participate in any false or misleading advertising concerning its wagering operations.3. All advertising and marketing materials published, aired, displayed, or distributed by or on behalf of any advance deposit wagering operator shall comply with the following: a. Must not directly advertise or promote wagering via mediums that appeal primarily to minors (i.e. children's television programming, children's publications, direct advertisements in schools). For the avoidance of doubt, advertisements via mass media and/or social media that incidentally are viewed by minors are not prohibited;b. Shall contain a disclaimer displaying a prominent message providing the 1-800- GAMBLER hotline phone number for assistance;c. Shall contain a disclaimer stating that patrons must be at least eighteen (18) years of age or older to wager;d. Shall not imply greater chances of winning versus other Advance Deposit Wagering Operators;e. Shall not imply greater chances of winning based on wagering in greater quantity or amount;f. All direct marketing shall allow the option to unsubscribe;g. Depictions of the use of alcohol and tobacco are prohibited; andh. Advertising must comply with all applicable Maine and federal laws.4. A record of the terms and conditions of all promotions made available to Maine residents shall be retained for no less than twenty-four (24) months following the date of such promotion.5. All Licensees shall be responsible for the content and conduct of any and all advance deposit wagering advertising, marketing, or branding done on its behalf or to its benefit whether conducted by the licensee, an employee, or an affiliate.6. On receipt of notice from the Board that advertising may be in violation of these rules or other laws of the State of Maine and upon request by the Board or its designee to do so, the advance deposit wagering licensee will suspend, or cause its agent or representative to suspend, the advertising campaign. Suspension of the use of the advertising materials in question will continue pending resolution of the matter, including any proceedings pursuant to 8 M.R.S. Chapter 31, Subchapter 5.16-633 C.M.R. ch. 28, § 8