1. (1) Only players who have established a sports wagering account as defined in 23-7-103, MCA, may engage in mobile sports wagering.
2. (2) The lottery may accept wagers at a sports wagering facility through a sports wagering terminal without the player establishing a sports wagering account.
3. (3) The lottery shall record and maintain the information submitted to initially create a sports wagering account.

4. (4) Before establishing a sports wagering account, the lottery shall:

   1. (a) verify the player's identity by physical or electronic means;
   2. (b) verify the player is 18 years of age or older by physical or electronic means as provided in ARM 2.63.410;
   3. (c) verify the player is not self-excluded from participating in sports wagering by participation in the self-exclusion program as provided in ARM 2.63.1304;
   4. (d) verify the player is not prohibited from sports wagering by 23-7-302(4), MCA, or otherwise prohibited from participating in sports wagering;
   5. (e) record the document number of the government-issued identification credentials examined, or other methodology for remote, multi-sourced authentication, which may include third-party and governmental databases, as approved by the director; and

   6. (f) record the player's:

      1. (i) acceptance of the terms and conditions and privacy policy; and
      2. (ii) acknowledgment that the information provided is accurate and that the player is prohibited from allowing any other person to access or use their sports wagering account.
5. (5) Unauthorized access to, or use of, a player's sports wagering account by a person other than the player for whom the sports wagering account was established is prohibited.
6. (6) A player is allowed only one sports wagering account.
7. (7) A sports wagering account may be funded using methods described in ARM 2.63.409.

8. (8) The lottery shall suspend a sports wagering account if a preponderance of evidence indicates:

   1. (a) the account has not been used to make any wagers for a consecutive 18-month period;
   2. (b) illegal activity;
   3. (c) a negative account balance;
   4. (d) fraudulent or multiple failed automated clearing house (ACH) deposit attempts; however, a failed ACH deposit attempt may not be considered fraudulent if the player has successfully deposited funds via an ACH transfer on a previous occasion with no outstanding chargebacks;
   5. (e) the account was issued in error or in violation of statute or rule; or
   6. (f) a violation of the terms and conditions of the sports wagering account that are posted on montanalottery.com and the mobile application.

9. (9) When a sports wagering account is suspended, the player may not:

   1. (a) wager;
   2. (b) deposit funds;
   3. (c) withdraw funds, unless the reason for the suspension would not prohibit a withdrawal;
   4. (d) change their sports wagering account; or
   5. (e) remove the sports wagering account from the system.

10. (10) A suspended sports wagering account may be restored:

    1. (a) upon expiration of the time period established by the player as indicated in the self-exclusion program provided for in ARM 2.63.1304;
    2. (b) upon the lottery's permission; or
    3. (c) when the player is no longer a prohibited sports wagering participant.

11. (11) Funds may be withdrawn from a sports wagering account for:

    1. (a) wagers;
    2. (b) check or wire transfer by the lottery made payable to the player and issued directly or delivered to the player's address on file;
    3. (c) credits to the player's debit card;
    4. (d) a transaction using sports wagering equipment; or
    5. (e) any other means approved by the lottery.

12. (12) Sports wagering account funds may not be withdrawn unless all conditions are met, including:

    1. (a) successful resolution of player dispute or investigation;
    2. (b) the ACH funding transaction clears or the chargeback period ends; and
    3. (c) the funding of lottery-provided promotional rewards clears.
13. (13) A player may not transfer funds or rewards between or among sports wagering accounts.

14. (14) The lottery shall suspend and close a sports wagering account if the account has not been used to make any wagers for a consecutive 18-month period. In such circumstances:

    1. (a) funds within the suspended sports wagering account to be closed are no longer accessible by the player;
    2. (b) funds in the account must be returned to the player; and
    3. (c) the player may only create a new sports wagering account after the suspended account is closed by the lottery.

Authorizing statute(s): 23-7-202, MCA

Implementing statute(s): 23-7-103, 23-7-110, 23-7-202, MCA

History: NEW, 2019 MAR p. 2229, Eff. 12/7/19.