11 Va. Admin. Code § 5-70-240

Current through Register Vol. 41, No. 8, December 2, 2024

Section 11VAC5-70-240 - Advertising and marketing

A. A permit holder shall maintain and make available to the director upon request all advertising, marketing, and promotional materials developed by or on behalf of the permit holder by a supplier or vendor.

B. A supplier or vendor that advertises, markets, or offers promotions on behalf of more than one permit holder or without affiliation to any permit holder shall maintain and make available to the director upon request all advertising, marketing, and promotional materials related to sports betting in the Commonwealth of Virginia that it has developed.

C. A permit holder may not directly target sports betting advertisements or promotions to minors.

D. Advertising, marketing, and promotional materials shall include a responsible gaming message, which includes, at a minimum, a director-approved problem gambling helpline number and an assistance and prevention message, except as otherwise permitted by the director for certain mediums such as social media messages.

E. A permit holder shall communicate the minimum legal age to participate on any website, mobile application, and other mediums or forms of advertising, marketing, and promotions, except as otherwise permitted by the director for certain mediums such as social media messages.

F. A permit holder shall comply strictly with all state and federal standards to make neither false or misleading claims, nor to create a suggestion that the probabilities of winning or losing with the permit holder's sports betting platform are different than those actually experienced.

G. Advertising, marketing, and promotional materials may not contain images, symbols, celebrity or entertainer endorsements, or language designed to appeal specifically to individuals younger than 21 years of age.

H. Advertising, marketing, and promotional materials may not feature anyone who is or appears to be younger than 21 years of age except for professional athletes who may be minors.

I. A permit holder may not advertise in a media outlet (including social media) that appeals primarily to individuals younger than 21 years of age.

J. Advertisements may not be placed with such intensity and frequency that they represent saturation of that medium or become excessive.

K. Advertising, marketing, or promotional materials may not contain claims or representations that sports betting will guarantee an individual's social, financial, or personal success.

L. Advertising, marketing, or promotional materials may not be placed before an audience where the majority of the participants is presumed to be younger than 21 years of age or that targets potentially vulnerable persons, including self-excluded bettors.

M. Advertising, marketing, or promotional materials may not imply that chances of winning increase the more one participates in, or the more one spends on, sports betting.

N. A permit holder, or a supplier or vendor acting on behalf of a permit holder, shall discontinue targeted advertising and marketing to a self-excluded individual's mobile device through direct messaging or text, email, or through other contact information collected by the permit holder, supplier, or vendor.

O. Advertising, marketing, or promotional materials may not be placed on any website or printed page or medium devoted primarily to responsible gaming.

P. Advertising, marketing, or promotional materials shall neither contain nor imply lewd or indecent language, images, or actions.

Q. Advertising, marketing, and promotional materials shall reflect generally accepted contemporary standards of good taste.

R. All direct advertising, marketing, and promotions via email or text message shall allow the option to unsubscribe.

S. A permit holder shall respect user privacy and comply with all applicable legal privacy requirements, including those requiring governing consent.

T. A permit holder shall provide the requirements of this section to advertising, marketing, and promotions personnel, contractors, agents, and agencies and shall require compliance.

U. Cooperative marketing with ABC licensee

1. For purposes of this subsection:

(a) "ABC licensee" means a person to whom a license has been issued pursuant to the provisions of Title 4.1 of the Code of Virginia.

(b) "Casino gaming operator" and "casino gaming establishment" shall have the meanings established in Chapter 41 (§ 58.1-4100 et seq.) of Title 58.1 of the Code of Virginia.

(c) "Major league sports franchise" and "motor sports facility" shall have the meanings established in § 58.1-4030 of the Code of Virginia.

2. A permit holder shall not combine its sports betting platform marketing efforts with those of an ABC licensee for the parties' mutual benefit, except as follows:

(a) A permit holder that is a (i) motor sports facility or (ii) motor sports facility operator may combine its platform marketing efforts with those of an ABC licensee, provided such marketing is limited to consumers physically located on the premises of the motor sports facility;

(b) A permit holder that is a major league sports franchise may combine its platform marketing efforts with those of an ABC licensee, provided such marketing is limited to consumers physically located on the premises of the stadium where the sports franchise plays its games; and

(c) A permit holder that is a casino gaming operator may combine its platform marketing efforts with those of an ABC licensee, provided such marketing is limited to consumers physically located on the premises of the casino gaming establishment.

3. Prior to marketing its platform as permitted in this section, a permit holder must be able to demonstrate to the satisfaction of the director:

(a) Compliance with all applicable zoning ordinances; and

(b) Approval of the local governing body in the form of an ordinance allowing such marketing to occur with respect to the permit holder's motor sports facility, stadium, or casino gaming establishment.

11 Va. Admin. Code § 5-70-240

Derived from Virginia Register Volume 37, Issue 04, eff. 10/12/2020.

Statutory Authority: §§ 58.1-4007, 58.1-4015.1, and 58.1-4030 through 58.1-4047 of the Code of Virginia.