1. (a) The Operator shall ensure that its Advertisements, marketing, and other promotional materials published, aired, displayed, disseminated, or distributed by or on behalf of any Operator:

   1. (1) disclose the identity of the Operator and its brand;
   2. (2) contain a statement that Underage Persons are not allowed to Wager, or a statement that Underage Persons are not allowed to open or have access to Wagering Accounts;

   3. (3) do not include or depict:

      1. (A) Underage Persons, except live footage or images of professional athletes who may be Underage Persons in permitted Wagering Events;
      2. (B) college students or those wearing collegiate-affiliated apparel;
      3. (C) schools or colleges; or
      4. (D) school or college settings;

   4. (4) do not state or imply endorsement or participation by:

      1. (A) Underage Persons, other than professional athletes who may be Underage Persons;
      2. (B) colleges; or
      3. (C) college athletic associations;
   5. (5) do not target Underage Persons, other Ineligible Persons, Individuals with gambling problems, or other vulnerable Individuals; and
   6. (6) if sent via phone, mail, email, or other electronic communication, include a means for the receiver to opt out of a phone, mail, email, or other electronic communication advertising or marketing distribution list, where the advertising and marketing was sent directly to the recipient using these lists.
2. (b) Incidental depiction of nonfeatured Persons, locations, settings, or organizations listed in Subparagraph (a)(3) of this Rule does not violate this Rule.

History Note: Authority G.S. 18C-114(a)(14);
Previously adopted as Rule 1I-001;
Eff. January 8, 2024;
Readopted Eff. March 27, 2024.