Ind. Admin. Code tit. 68, r. 21-10.5-22
Authority: IC 4-32.3-3-3
Affected: IC 4-32.3
Sec. 22. (a) Prohibited inducements include, but are not limited to, the following:
(1) Offering a key person, a member, a worker, or an operator of a qualified organization that holds or is applying for a charity gaming license to conduct electronic pull tab games a position to serve as an employee, an agent, an ambassador, a contractor, or a representative of, be compensated in any way by, or serve as a volunteer for, any distributor or manufacturer.
(2) Free or discounted licensed supply, maintenance, or services unrelated to the conduct of electronic pull tabs contingent on the placement or operation of electronic pull tab systems and games.
(3) Gifts, trips, or entertainment offered to key persons, members, workers, or operators of a qualified organization.
(4) Sponsorships or donations to the qualified organization or the qualified organization's events or activities contingent on the placement or operation of electronic pull tab systems and games.
(5) Providing marketing or promotional services, such as advertising campaigns or branded materials or activities, contingent on the placement or operation of electronic pull tab systems and games.
(6) Providing any cash or currency, monetary sum, loan, prize, or other gratuity directly or indirectly to a qualified organization or key person, member, worker, or operator of a qualified organization.
(7) Donating, loaning, leasing, or otherwise providing any licensed supply unrelated to the conduct of electronic pull tabs to a qualified organization conditioned on, or in consideration for, a right to provide electronic pull tab supplies to the qualified organization.
(8) No manufacturer or distributor shall knowingly solicit, offer, pay, or receive any kickback, bribe, inducement, or undocumented rebate or credit, directly or indirectly, overtly or covertly, in cash or in kind, in return for providing electronic pull tabs to any person in this state.
(9) An offering or a solicitation, either written or verbal, considered by the commission to be designed to induce a qualified organization into a particular operation or placement of an electronic pull tab system, device, or game.
(b) A qualified organization may not solicit or accept an inducement from a manufacturer or distributor. Qualified organizations shall report suspected inducements to the commission within ten (10) days after receiving a suspected inducement. All information and data received under such reports shall be considered confidential and shall not be revealed in whole or in part, except upon the lawful order of a court of competent jurisdiction or with any law enforcement entity or regulatory agency that the commission deems appropriate.
(c) The following are not considered inducements for the purpose of this rule:
(1) Standard lease or purchase terms offered uniformly to all qualified organizations, not contingent on the placement or operation of electronic pull tab systems and games.
(2) Technical support or maintenance services included in a written contract.
(3) Promotional materials or training provided to all qualified organizations without conditions tied to the placement or operation of electronic pull tab systems and games.
(4) Software or hardware upgrades to electronic pull tab devices and related equipment.
(d) A distributor may not sell, lease, or otherwise provide goods or services that are not required for the conduct or operation of electronic pull tab systems to a qualified organization as part of a contract for the sale, lease, or maintenance of electronic pull tab systems, games, or devices.
(e) No person other than an employee of a licensed distributor or manufacturer may receive a fee or other compensation to assist or consult with a licensed distributor or manufacturer in the placement or lease of electronic pull tab devices or systems at any facility or location.
(f) Contracts for the sale or lease of electronic pull tab systems, devices, or games to qualified organizations must contain an integration clause stating that the written contract is the complete, final, and exclusive understanding between the parties, superseding all prior written or oral agreements.
(Indiana Gaming Commission; 68 IAC 21-10.5-22; filed Dec 23, 2025, 10:26 a.m.: 20260114-IR-068250645IFA)