1. A. Definitions.

   1. (1) In this regulation, the following terms have the meaning indicated.

   2. (2) Terms Defined.

      1. (a) “Advertisement” means any material that is:

         1. (i) Disseminated to the public through broadcasting, publication, mail, or any other means; and
         2. (ii) Intended to encourage sports wagering.
      2. (b) “Billboard advertisement” means a roadside sign, aviation banner, or event banner that is intended to encourage sports wagering.
      3. (c) “Gambling assistance message” means a phrase approved by the Commission to encourage responsible play.
      4. (d) “Printed advertisement” means an advertisement that appears in or on a sign, direct mailing, poster, brochure or other written material and is intended to encourage sports wagering.
      5. (e) “Online advertisement” means an advertisement that appears on a website, an application in social media, or otherwise on the internet that is intended to encourage sports wagering.
      6. (f) “Responsible gambling awareness materials” means a sticker, a brochure, a wallet card, or other material that conveys only problem gambling resource information.
      7. (g) “Underage warning message” means the phrase: No bettor under the age of 21 is permitted to participate in sports wagering.

2. B. A sports wagering licensee shall:

   1. (1) Post signage approved by the Commission that prominently bears the gambling assistance message and the underage warning message at each customer entrance;
   2. (2) Include banners or other notifications on the sports wagering websites that bear the gambling assistance message and the underage warning message;
   3. (3) Include the gambling assistance message on an advertisement that is intended to encourage sports wagering;
   4. (4) Ensure that a printed advertisement bears the gambling assistance message and meets requirements of COMAR 36.10.13.43 and 36.03.03.08;
   5. (5) Ensure that a billboard bearing a printed advertisement bears the gambling assistance message and meets requirements of COMAR 36.10.13.43 and 36.03.03.08;
   6. (6) Ensure that a radio, television, video, online, or social media advertisement bears the gambling assistance message and meets requirements of COMAR 36.10.13.43 and 36.03.03.08;

   7. (7) Ensure that the gambling assistance message is printed on a paper product that is associated with bettor consumption of food or beverage if the paper product is:

      1. (a) Special ordered; and
      2. (b) Branded with the sports wagering licensees logo;
   8. (8) Ensure that the gambling assistance message is printed on a sports wagering ticket or sports wagering voucher;
   9. (9) Place in the sports wagering facility and sports wagering platform responsible gambling awareness information according to its responsible gaming plan required under COMAR 36.10.10.02;
   10. (10) Ensure that an advertisement for sports wagering, video lottery terminal, or table game play does not include language that suggests an outcome is guaranteed or without risk; and

   11. (11) Ensure that advertisements for sports wagering includes a gambling assistance message that complies:

       1. (a) For signs, direct mail materials, posters, and other printed advertisements the font height of the gambling assistance message shall be the greater of:

          1. (i) The same size as the majority of the text in the advertisement; or
          2. (ii) Three percent of the height or width, whichever is greater, of the advertisement;
       2. (b) For billboards, the font height of the gambling assistance message shall be at least 5 percent of the height or width, whichever is greater, of the face of the billboard;

       3. (c) For video and television advertisements:

          1. (i) The gambling assistance message shall be visible for the entire duration of the advertisement, with a font size at least 3 percent of the image height or width;
          2. (ii) The gambling assistance message shall appear from the first instance sports wagering or a licensed operator is displayed or mentioned for not less than 3 seconds, and again on a final screen for the final 3 seconds of the advertisement;
          3. (iii) The font height shall be at least 3 percent of the height or width, whichever is greater, of the image during the advertisement; or
          4. (iv) The font height shall be at least 8 percent of the height or width, whichever is greater, of the image on the final screen; and

       4. (d) For websites and social media:

          1. (i) The gambling assistance message shall be posted on each webpage or profile page, and on any gaming-related advertisement posted on those pages;
          2. (ii) The font height of the gambling assistance message shall be at least the same size as the majority of the text used on the webpage or profile page; and
          3. (iii) For advertisements posted on the webpage or profile page, the font height shall comply with the requirements in §B(11)(a) of this regulation.

Authority: State Government Article, §§9-1A-24 and 9-1E-01—9-1E-15, Annotated Code of Maryland

Effective date:

Regulations .01—.03 adopted as an emergency provision effective August 5, 2021 (48:18 Md. R. 690); adopted permanently effective January 13, 2022 (49:1 Md. R. 16)

Regulation .03 amended effective April 27, 2026 (53:8 Md. R. 356)

Regulation .03B amended as an emergency provision effective December 12, 2023 (50:26 Md. R. 1130); amended permanently effective May 27, 2024 (51:10 Md. R. 529)