N.J. Admin. Code § 17:20-12.6

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:20-12.6 - Ongoing requirements to maintain courier service registration

(a) In addition to other requirements of this subchapter, subsequent to a courier service registration being awarded, a courier service must adhere to the following requirements to maintain registration:

1. The courier service shall report any change in status, such as ownership, control, governing board, address, business purpose, bankruptcy filing, or other data relevant to registration, in writing, within 10 days of occurrence in accordance with N.J.A.C. 17:20-12.9;

2. The courier service shall not use trademarks or other marks owned or controlled by the Division or any multi-state lottery consortium except with written expressed approval of the Director. Any unauthorized use of such trademarks or other marks is a violation of this subchapter;

3. The courier service shall provide courier customer support, for purposes of responding to courier customer inquiries and disputes, in a manner approved by the Director;

4. The courier service shall maintain a courier customer self-exclusion list and provide a mechanism for courier customers to register through the system to exclude themselves from using such system. The courier service shall ensure to the satisfaction of the Director that any courier customer placed on the self-exclusion list is prevented from requesting tickets through the courier service's system. Additionally, the self-exclusion list shall never be published or made public;

5. The courier service activities such as ticket purchasing, internal accounting, problem gambling detection, fraud prevention, or other similar functions requiring access to confidential courier customer account or courier service system information shall be performed by employees and/or owners physically present in New Jersey. Third-party technology vendors, such as geolocation, anti-money laundering, age verification, courier customer identification and verification, accounting, and payment processing services may be located outside the borders of New Jersey, provided that an employee or owner is physically present in New Jersey while utilizing the third-party software. Professional services, such as legal and CPA audit and accounting services may be performed outside the borders of New Jersey, but must be performed within the borders of the United States. While performing such activities, a courier service shall maintain such internal policies and procedures so as to notify employees of this requirement. The courier service shall be responsible to track and log all such owner and employee actions to document the owner or employee's physical location when performing the same;

6. For all courier service employees who have direct contact with customers by phone, e-mail, text message, electronic chat, or any other means, a courier service shall implement training for those employees, at the start of their employment and regular intervals thereafter, addressing:

i. The training requirements with standards set forth by the Council on Compulsive Gambling of New Jersey as to:

(1) Recognizing the nature and symptoms of problem gambling behavior and how to assist players in obtaining information regarding help for a gambling problem and self-exclusion programs;

(2) Responding to courier customers who may disclose that they have a gambling problem; and

(3) Responding to reports from third parties, such as family members, about courier customers who may have a gambling problem;

ii. Training regarding cyber security, including security of customer personal information;

7. The courier service shall be required to display certain warnings on the courier service website and mobile application, including, but not limited to:

i. Warning of the risk of being defrauded if purchasing tickets through a courier service not registered with the Division;

ii. Display prominently on its website and mobile application, a warning of the risk of being defrauded by lottery scams and information on playing responsibly, which information shall be substantially similar to the information displayed on the New Jersey Lottery website or such other information approved by the Division;

iii. Gambling addiction warnings;

iv. Information on how to seek help for a gambling problem through education, by telephone, from the Internet, or any other available means. See N.J.A.C. 17:20-12.11(m);

v. Notice that the courier service is not a part of the Lottery and that the Lottery does not guarantee, nor have any liability, for courier customer activities; and

vi. Statement that the ticket held in trust by the courier service is a bearer instrument within the meaning of all applicable law and notice of the ramifications of such status for the player;

8. The courier service must stay current of authorized game changes and offer only authorized games for purchase. A courier service is responsible for understanding and implementing all authorized game changes including, but not limited to, addition and deletion of bet types, addition or deletion of available authorized games, matrix changes, and drawing changes. The Lottery bears no liability if the courier service does not properly or timely implement authorized game changes;

9. The courier service's website and mobile applications shall provide information including links to game rules available at the Lottery's official website for all authorized games;

10. The courier service must have the written approval from the Director for each proposed promotion, prior to the launch of any promotion. Courier services must submit a description of each promotion with sufficient detail for the Director to make an informed decision. The Director will issue a written decision within five business days of receipt of each promotion request. The Division will monitor all registered courier services' websites and mobile applications for conformance to the promotion provisions of this subchapter, including the marketing and advertising provisions pursuant to N.J.A.C. 17:20-12.23. Failure to comply with this section shall be grounds for suspension, revocation, or non-renewal of the courier service's registration;

11. The courier service's website and mobile applications shall offer for sale only New Jersey authorized game tickets produced by the affiliated agent's dedicated terminal. The courier website and mobile applications shall be prohibited from the sale of all other products;

12. The courier service's website and/or mobile applications shall have restrictions on advertisements on their website and/or mobile application, as determined by the Director in her or his discretion, to ensure the integrity and reputation of the New Jersey lottery is maintained. Advertisements not permitted to be placed on a courier service website and/or mobile applications shall include advertisements for alcoholic beverages, tobacco products, pornographic material, advertising that is targeted toward or otherwise appeals to minors, and advertising that entices problem or disordered gamblers into an increased level of play, and any goods or services that are not legal in the State of New Jersey;

13. A courier service shall display on the courier service website and mobile applications a statement, containing the Division's customer service hotline telephone number 1-800-222-0996, and explaining that courier customer complaints can be made to the Division;

14. At the sole expense of the courier service, the courier service system shall be audited and certified to be compliant with this section at least annually by an independent party approved by the Director;

15. If during the term of a courier service registration a courier service requests a modification to their application, the courier service shall submit a written request to the Director for approval. The Director is authorized to allow or deny any requested modification during the term of a courier service registration. Following review, a written decision from the Director will be sent to the courier service and this decision will serve as an addendum to the original notification approving a registration for a courier service. See N.J.A.C. 17:20-12.4(e);

16. A courier service shall be responsible for complying with all provisions of the New Jersey Unclaimed Property Laws, specifically N.J.S.A. 46:30B1-109, and any amendments thereto; and

17. A courier service shall not offer ticket subscriptions to its customers, unless the game rules for an authorized game permits it.

N.J. Admin. Code § 17:20-12.6

Adopted by 50 N.J.R. 1826(b), effective 8/6/2018