1. (a) Except as otherwise allows by RSA 287-H:2, I, all fantasy sports contest operators shall register with the commission prior to offering fantasy sports contest in New Hampshire.
2. (b) In accordance with RSA 287-H:2, I, a fantasy sport contest operator that offered fantasy sports contest in New Hampshire prior to RSA 287-H becoming effective on July 18, 2017, may continue to offer fantasy sports contests with an entry fee in this state, provided such operator completes and files an application for registration with the commission within 60 days of this rule becoming effective. The operator may continue to offer fantasy sports contests until such application for registration has been approved or denied.

3. (c) Any fantasy sports contest operator seeking to be registered to offer contests in New Hampshire shall submit:

   1. (1) A completed “Fantasy Sports Contest Operator Registration Application” form (1/2018);
   2. (2) Documentation from the secretary of state demonstrating that the applicant is authorized to transact business in the state of New Hampshire;
   3. (3) Documentation from the New Hampshire department of revenue administration demonstrating that the applicant is in good standing with the department;

   4. (4) The following documentation necessary for the commission to obtain the criminal convictions record of the applicant, or, if the applicant is a business entity, the criminal convictions records of all principal salaried executive officers:

      1. a. A completed and notarized NH state police Criminal Records Release Authorization Form obtained from the commission authorizing the release of the applicant’s criminal history record;

      2. b. A complete set of fingerprints taken by a qualified law enforcement agency, as follows:

         1. 1. If fingerprints are captured via ink impressions, the FBI FD-258 fingerprint card issued by the NH state police; or
         2. 2. If fingerprints are digital captured via a LiveScan device, a copy of the LiveScan receipt; and
   5. (5) Payment of the criminal history record, payable to the “State of NH – Criminal Records” and in the amount established by the NH state police;
   6. (6) A copy of the annual third party audit required by RSA 287-H:3, IV which was prepared by a certified public accountant, consistent with the attestation standards established by the American Institute of Certified Public Accountants, of the fantasy sports operator’s financial operations and handling of player accounts and funds; and

   7. (7) Copies of all procedures that have been implemented to:

      1. a. Prevent the sharing of confidential information that could affect such fantasy sports contest play with third parties until the information is made publicly available;
      2. b. Provide that no winning outcome is based on the score, point spread, or any performance of any single actual sports team or combination of such teams or solely on any single performance of the individual athlete or participant in any single actual spring event;

      3. c. Prohibit and prevent the following people from participating in any fantasy sports contest offered by the applicant:

         1. 1. Athletes and individuals who participate or officiate in a game or competition that is the subject of the fantasy sports contest;
         2. 2. Any sports agent, team employee, referee, or league official associated with the sports or athletic event that is the subject of the fantasy sports contest; and
         3. 3. Individuals under the age of 18 years of age;
      4. d. Verify the age and identity of players seeking to establish accounts;

      5. e. Provide fantasy sports contest players with access to information relative to:

         1. 1. The player’s play history and account details; and
         2. 2. Information on reasonable play, and assistance for compulsive behavior;
      6. f. Allow individuals to restrict themselves from entering such contests upon request and provide reasonable steps to prevent the individual from entering such contests offered by the fantasy sports contest operator;
      7. g. Disclose the number of entries that a fantasy sports contest player may submit to each such fantasy sports contest, and provide reasonable steps to prevent players from submitting more than the allowable number;
      8. h. Prohibit advertising or running promotional activities at elementary, secondary schools, or college campuses, and the targeting of minors or individuals who have requested a restriction per f. above;
      9. i. Monitor for and prohibit the use of unauthorized scripts, in accordance with RSA 287-H:3,VII; and
      10. j. Prohibit and prevent employees from participating in fantasy sports contests where a prize is offered to the public.
4. (d) If at any time, the information provided in accordance with (b) above changes, or is otherwise found to be inaccurate, the applicant shall submit updated or corrected information to the commission within 15 days of the event that resulted in the change, or discovery of the inaccuracy.

Source. #12479, eff 2-15-18