- (1) Authorized sports bettor’s account or account means an arrangement between an authorized sports bettor and a skin used to execute a mobile sports wager.
- (2) Automated clearing house means a network that coordinates electronic payments and automated money transfers.
- (3) Biometric data means anything that relates to the measurement of a person’s physical features and characteristics, including, without limitation, to fingerprint, facial recognition, voice recognition and other methods as approved by the commission.
- (4) Geolocation means a method used to detect the physical location of an authorized sports bettor attempting to place a mobile sports wager.
- (5) KYC or know your customer means a process of identifying and verifying the identity of a person who is opening an account.
- (6) Mobile sports wagering licensee has the meaning set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(a) and refers to either a platform provider, a skin or both, as the context requires.
- (7) Mobile sports wagering promotion means a method by which an authorized sports bettor receives a monetary or odds benefit to be applied to a mobile sports wager or wagers, which may include, without limitation, bonuses, odds boosts, risk-free bets and deposit matches.
- (8) Mobile sports wagering vendor means a licensed vendor offering goods or services that directly relate to mobile sports wagering activity.
- (9) Multi-factor authentication means a method approved by the commission that effectively provides greater account security for a user to gain access to a technological resource than a username-and-password combination alone.
- (10) Platform provider, in addition to the meaning set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1367(1), means an entity operating a mobile sports wagering platform system that, among other functionality, performs the acceptance and registration of all sports wagers; generates all electronic sports wagering tickets; computes sports wagering in the pool and payoffs; maintains records of all sports wagering activities; and generates or submits all reports required by the commission.
(11) Prohibited sports bettor means any person or entity whose participation may undermine the integrity of mobile sports wagering on a sports event or the conduct of such sports event itself, or any person who, or entity that, is prohibited for other good cause, including, without limitation, the following, as prescribed by Racing, Pari-Mutuel Wagering and Breeding Law section 1367(1) and this paragraph:
- (i) any individual placing a mobile sports wager as an agent or proxy;
- (ii) any athlete whose performance may be used to determine, in whole or in part, the outcome of such mobile sports wagering;
- (iii) any person who is an athlete, player, coach, referee or other game official, physician, trainer, sports agent, owner or employee or independent contractor of a team, player union and umpire union personnel, and employee, referee, coach or official of a sports governing body, team employee or governing body employee, in any sports event overseen by such person’s sports governing body;
- (iv) any person with access to material, non-public confidential information about a sports event that is the subject of such wagering;
- (v) a person identified to the commission by a sports governing body that the commission agrees is a person who should be a prohibited sports bettor;
- (vi) any person who holds a position of authority or influence sufficient to exert influence over the participants in a sports event that is the subject of a mobile sports wager, if such person is not otherwise described by this subdivision;
- (vii) any principal, key employee or casino gaming employee of a casino and its affiliates, except as may be permitted by the commission;
- (viii) any non-gaming employee at the casino that hosts the server or other equipment of a mobile sports wagering licensee;
- (ix) any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a casino sports wagering licensee if such person is directly involved in the operation or observation of sports wagering, or the processing of sports wagering claims or payments;
- (x) any employee of a mobile sports wagering licensee and its affiliates, except as may be permitted by the commission;
- (xi) any contractor, subcontractor, or consultant, or officer or employee of a contractor, subcontractor, or consultant, of a mobile sports wagering licensee if such person is directly involved in the operation or observation of mobile sports wagering, or the processing of mobile sports wagering claims or payments;
- (xii) any person subject to a contract with the commission if such contract contains a provision prohibiting such person from participating in sports wagering;
- (xiii) any spouse, child, sibling or parent residing in the principal place of abode of any of the foregoing persons where the foregoing person is prohibited from participating in mobile sports wagering;
- (xiv) any officer or employee of the commission; and
- (xv) any minor.
- (12) Skin means a mobile sports wagering operator, as defined in Racing Pari-Mutuel Wagering and Breeding Law section 1367(1), that is a public-facing operator that accepts sports wagers from authorized sports bettors through a platform provider.
- (13) Wallet means an instrument maintained by a platform provider or skin that facilitates deposits and withdrawals from an authorized mobile sports wagering bettor and may be used across all skins on a single platform.
(a) Applicability.
This Part applies to mobile sports wagering conducted by a mobile sports wagering licensee pursuant to Racing Pari-Mutuel Wagering and Breeding Law sections 1367 and 1367-a.
(b) Definitions.
Unless the context indicates otherwise, the following definitions and the definitions set forth in Racing, Pari-Mutuel Wagering and Breeding Law sections 1367 and 1367-a are applicable throughout this Part: