16 DEPARTMENT OF PUBLIC SAFETY

633 GAMBLING CONTROL UNIT

Chapter 37: FANTASY CONTEST MONITORING

1. §1. Fantasy contest operators shall not allow fantasy contestants to use proxy servers for the purpose of misrepresenting their identity or location in order to engage in fantasy contests.

   §2. In order to prevent the unauthorized use of a fantasy contestant’s account, a fantasy contest operator offering fantasy contests must use technologically and commercially reasonable measures to reasonably detect the physical location of a fantasy contestant attempting to access a fantasy contestant account and to monitor for simultaneous logins to a single account from geographically inconsistent locations. A fantasy contest operator may use a third party to provide these location services.

1. 1. The geolocation service or application must be able to perform as follows:
      1. Detect location notwithstanding the use of a proxy server;
      2. Detect location when routing through a Virtual Private Network (VPN);
      3. Use Global Positioning System (GPS) data when the fantasy contestant seeks access from a mobile device or network and prohibit users from entering contests or depositing funds if GPS is not turned on;
      4. Check location each time the fantasy contestant attempts to enter a contest or make a deposit;
      5. Utilize a mechanism to alert the fantasy contest operator if an account is being accessed from geographically inconsistent locations. For example, technology that alerts the fantasy contest operator that login locations were identified that would be impossible to travel between in the time reported.
   2. The fantasy contest operator should implement procedures to disable account access if the fantasy contest operator receives information that an account is being accessed from a location that indicates that there is a likelihood of unauthorized or improper access.

1. §3. All advertising and promotions by fantasy contest operators shall comply with the following standards:

1. Inaccurate or misleading statements regarding the likelihood of winning are prohibited.
2. The targeting of minors is prohibited. Depictions of persons under the age of 18 engaged in fantasy contests are prohibited.
3. Fantasy contest operators must include in all advertising and promotions a statement explaining that individuals under 18 years of age may not participate in fantasy contests.
4. Fantasy contest operators must include a link to a local, state or federal hotline for assistance with problem gambling in all advertising and promotions.
5. Fantasy contest operators must not state or imply an endorsement by a minor in any advertising or promotions.
6. Fantasy contest operators must not target fantasy contestants who have a gambling addiction, including fantasy contestants who have requested to be restricted from play on a fantasy contest operator’s platform, in any advertising or promotions.

1. §4. A fantasy contest operator must disclose on its platform the number of entries an individual fantasy contestant may submit to each fantasy contest and the maximum number of entries allowed by the fantasy contest operator for each fantasy contest.

   §5. A fantasy contest operator must provide information on its platform on how to participate and compete in fantasy contests, including an explanation of fantasy contest play and how to identify a highly experienced fantasy contestant.

   §6. A fantasy contest operator’s system must identify a highly experienced fantasy contestant by means of a symbol or other identifier easily viewed by fantasy contestants engaged in the fantasy contest on the platform.

   §7. The use of third-party scripts or third-party scripting programs for any fantasy contest is prohibited.

   §8. A fantasy contest operator must implement methods to detect, deter and prevent cheating and improper manipulation of fantasy contests to the greatest extent possible.

   §9. A fantasy contest operator must develop and offer fantasy contests that are limited to beginner fantasy contestants.

   §10. A fantasy contest operator must ensure that winning outcomes of fantasy contests reflect the relative knowledge and skill of the fantasy contestant and that winning outcomes of fantasy contests are determined primarily by accumulated statistical results of the performance of human competitors in sports events.

   §11. A fantasy contest operator must prohibit directors, officers and employees of the fantasy contest operator, and relatives living in the same household as those persons, from participating in a fantasy contest offered or operated by that fantasy contest operator.

   §12. A fantasy contest operator must prohibit the following individuals from participating in a fantasy contest based on the sport, athletic event or competition in which the individual participates or is otherwise associated:

1. An athlete or individual who participates or officiates in a game, league, athletic event or competition that is the subject of a fantasy contest; or
2. A sports agent, team employee, referee or umpire or league official associated with a sport or athletic event that is the subject of a fantasy contest.

STATUTORY AUTHORITY:

8 M.R.S. §§ 1102(1)(D), 1106

EFFECTIVE DATE:

June 13, 2021 – filing 2021-101