Wyoming Gaming Commission

Online Sports Wagering

Effective Date: 10/05/2021 to 07/17/2024

Rule Type: Superceded Rules & Regulations

Reference Number: 038.0002.1.10052021

Chapter 1

General Provisions

Section 1. Definitions. In applying the rules and all amendments, the following definitions, constructions, and interpretations shall apply, except where otherwise indicated in the rules:

1. (a) “Affiliate” means a person that, directly or indirectly, through one (1) or more intermediaries, controls or is controlled by a sports wagering operator.
2. (b) “Applicant” means a person that applies for a permit.
3. (c) “Card” means the list of sporting events from which a patron can make selections for a given pool.
4. (d) “Cash equivalent” has the meaning provided in W.S. § 9-24-101(a)(i).
5. (e) “Director” has the meaning provided in W.S. § 9-24-101(a)(iii).
6. (f) “Event category” means a specific type of athletic event or other event governed by a specific sports governing body or other oversight body (for example, professional basketball governed by the National Basketball Association).
7. (g) “Event integrity monitoring” means the monitoring of sports wagering to identify unusual or suspicious wagering activities from a match-fixing and sporting corruption standpoint to then report such activities to required parties.
8. (h) “Exchange wagering” means a form of wagering in which two (2) or more persons place identically opposing wagers in a given market, allowing patrons to wager on both winning and non-winning outcomes in the same event.
9. (i) “Fantasy sports contest” has the meaning provided in W.S. § 9-24-101(a)(iv).
10. (j) “Geolocation system” means a process to reasonably detect the geolocation of a patron when said patron is attempting to access the system and place a wager.
11. (k) “Indian lands” has the meaning provided in the Indian Gaming Regulatory Act of 1988, 25 USC § 2703(4).
12. (l) “In-game wagering” means placing an online sports wager after an athletic event has started.
13. (m) “Independent integrity monitoring provider” means an independent person who is registered with the Commission and who receives reports of unusual wagering activity from the Commission, a sports wagering operator, or a sports wagering vendor for the purpose of

assisting in identifying suspicious wagering activity.

(n) “Institutional investor” means a person that is any of the following:

(i) A retirement fund administered by a public agency for the exclusive benefit of federal, state, or local public employees;

(ii) An employee benefit plan or pension fund that is subject to the Employee Retirement Income Security Act of 1974, Public Law 93-406;

(iii) An investment company registered under the Investment Company Act of 1940, 15 USC 80a-1 to 80a-64;

(iv) A collective investment trust organized by a bank under 12 CFR part 9;

(v) A closed-end investment trust;

(vi) A chartered or licensed life insurance company or property and casualty insurance company;

(vii) A chartered or licensed financial institution; or

(viii) An investment advisor registered under the Investment Adviser’s Act of 1940, 15 USC §§ 80b-1 to 80b-21.

(o) “Internet” means the international computer network of interoperable packet-switched data networks, inclusive of additional technological platforms, such as mobile, satellite, and other electronic distribution channels.

(p) “Involuntarily-excluded person” means any individual who has been involuntarily excluded by the director and who is prohibited from establishing a sports wagering account or participating in gambling, gaming or wagering activities under the jurisdiction of the Commission.

(q) “Key personnel” means any of the following:

(i) A director of the applicant;

(ii) A managerial employee of the applicant that performs the function of principal executive officer, principal operations officer, or principal accounting officer;

(iii) A person who holds more than five percent (5%) ownership interest in the applicant;

(iv) An affiliate of the applicant;

(v) A director of an affiliate of the applicant;

(vi) A managerial employee of an affiliate of an applicant that performs the function of principal executive officer, principal operations officer, or principal accounting officer; or

(vii) Any individual or business entity so designated by the Commission or director.

(r) 'Layoff wager' means a wager placed by a sports wagering operator or sports wagering vendor with another sports wagering operator or sports wagering vendor for the purpose of offsetting patron online sports wagers.

(s) 'Mobile application' means an application on a mobile phone or other device through which an individual is able to place an online sports wager.

(t) 'Occupational permit' means a permit issued by the Commission to a person to perform an occupation that directly affects the integrity of online sports wagering and that the Commission has identified as requiring a permit to perform the occupation.

(u) 'Online sports wager' means the cash, or cash equivalent, including free wagers and bonus or promotional play risked by a patron on sports wagering through the internet.

(v) 'Online sports wagering' has the meaning provided in W.S. § 9-24-101(a)(vi).

(w) 'Online sports wagering revenue' has the meaning provided in W.S. § 9-24-101(a)(vii).

(x) 'Patron' has the meaning provided in W.S. § 9-24-101(a)(viii).

(y) 'Person' means an individual, partnership, corporation, association, limited liability company, or other legal entity.

(z) 'Personal identifying information (PII)' means any sensitive information that could potentially be used to identify a particular patron. Examples include a legal name, date of birth, place of birth, social security number (or equivalent government identification number), driver's license number, passport number, residential address, phone number, email address, debit instrument number, credit card number, bank account number, or other personal information as defined by the Commission.

(aa) 'Pool' means an offering where patrons may make selections of outcomes on a set number of sporting events on a card in order to enter for a chance to win all or a portion of the prize pool.

(bb) 'Prize pool' means the prizing available for an individual tournament, contest, or pool.

(cc) 'Prohibited person' means any involuntarily-excluded person, any voluntarily- excluded person, and all of the following:

1. (i) Any individual who is under the age of eighteen (18);
2. (ii) Any individual wagering while not in the authorized geographic boundaries within the State of Wyoming;
3. (iii) Any individual wagering on behalf of another;
4. (iv) Any restricted patron wagering in violation of their restrictions;
5. (v) Any individual wagering in violation of state, local, or federal law; or
6. (vi) Other prohibited persons as determined by the Commission.(dd) 'Prohibited sports wager' has the meaning provided in W.S. § 9-24-101(a)(ix).(ee) 'Qualified gaming entity' has the meaning provided in W.S. § 9-24-101(a)(x).(ff) 'Restricted patron' means any patron with the following restrictions in place:- (i) Employees of a sports wagering operator or sports wagering vendor, as well as those within the same household, may not wager with the sports wagering operator or sports wagering vendor for which he or she is employed unless using a test account under these rules;
7. (ii) Occupational permittees and applicants may not wager with the sports wagering operator or sports wagering vendor for which they are employed or for which they had to qualify;
8. (iii) Professional or collegiate athletes, team employees and owners, coaches, managers, handlers, athletic trainers, league officials and employees, referees, umpires, sports agents, and employees of an athletic or referee union, and anyone with access to non-public/exclusive information or sufficient authority to influence the outcome of an event, as well as those within the same household, may not wager on events in the sport in which they participate, or in which the athlete they represent participates; or
9. (iv) At the Commission's discretion, individuals on a list provided by a team or sports governing body may not wager on any event overseen by the relevant sports governing body.(gg) 'Rake' means the fee that is deducted by a sports wagering operator or sports wagering vendor from a wager made for exchange wagering, or entry fees paid by patrons who participate in a tournament, contest, or pool.(hh) 'Rake adjustment' means an adjustment made by a sports wagering operator or

sports wagering vendor to account for any shortfall in connection with a tournament, contest, or pool.

(ii) “Self-exclusion list” means a list of individuals who voluntarily excluded themselves from establishing or maintaining a sports wagering account with a sports wagering operator or sports wagering vendor.

(jj) “Sensitive information” means information such as PII, transactional wagering data, authentication credentials (including PINs and passwords), secure seeds and keys used in encryption, and other data that shall be handled in a secure manner.

(kk) “Shared liquidity pool” means a tournament, contest, or pool conducted in Wyoming and at least one other jurisdiction.

(ll) “Sporting event” has the meaning provided W.S. § 9-24-101(a)(xi).

(mm) “Sports governing body” means an organization that prescribes final rules and enforces codes of conduct for an athletic event and the participants in the athletic event.

(nn) “Sports wagering” has the meaning provided W.S. § 9-24-101(a)(xii).

(oo) “Sports wagering account” has the meaning provided W.S. § 9-24-101(a)(xiii).

(pp) “Sports wagering operator” has the meaning provided W.S. § 9-24-101(a)(xiv).

(qq) “Sports wagering operator permit” means a permit issued by the Commission to a person to operate, conduct, or offer online sports wagering.

(rr) “Sports wagering system” means the hardware, software, firmware, communications technology, other equipment, as well as operator procedures implemented in order to allow patron participation in online sports wagering, and, if supported, the corresponding equipment related to the display of the wager outcomes, and other similar information necessary to facilitate patron participation. The system provides the patron with the means to place and manage online sports wagers. The system provides the sports wagering operator with the means to review sports wagering accounts, suspend events, generate various wagering/financial transaction and account reports, input outcomes for events, and set any configurable parameters.

(ss) “Sports wagering vendor” has the meaning provided W.S. § 9-24-101(a)(xv).

(tt) “Sports wagering vendor permit” means a permit issued by the Commission to a sports wagering vendor.

(uu) “Statutes” means the online sports wagering statutes, W.S. §§ 9-24-101 through -106.

(vv) “Suspended account” means a sports wagering account that has been temporarily disabled from engaging in wagering activity.

(ww) “Suspicious wagering activity” means unusual wagering activity that cannot be explained and is indicative of any of the following:

(i) Match-fixing;

(ii) The manipulation of an event;

(iii) Misuse of inside information;

(iv) A potential breach of a sports governing body’s internal rules or code of conduct pertaining to sports wagering;

(v) Any other conduct that corrupts the outcome of an event; or

(vi) Any other prohibited activity.

(xx) “Targeted mailing” means an advertisement or promotional offer from a sports wagering operator or a sports wagering vendor directed to an individual on the basis of specific criteria, such as being a member or former member of a rewards club or a participant in social games. “Targeted mailing” does not include mass communication, including mailings or e-mailings, made to an entire area or zip code or targeted list, nor does it include an advertisement that arrives in a packet of five (5) or more non-gaming advertisements if the packet of advertisements is addressed to “resident,” “occupant,” or some similar wording and not to a specific individual. “Targeted mailing” further does not include any “pop-up” advertisement that appears on an individual’s computer or mobile device on the basis of his or her IP Address.

(yy) “Unusual wagering activity” means abnormal wagering activity exhibited by one (1) or more patrons and considered by a sports wagering operator or sports wagering vendor as a potential indicator of suspicious wagering activity. Unusual wagering activity may include the size of a patron’s online sports wager or increased wagering volume on a particular event or wager type.

(zz) “Voluntarily-excluded person” means any individual whose name is included, at his or her own request, in the responsible gaming database or on a self-exclusion list or both.

(aaa) “Winnings” means the total cash value of all property or sums, including currency or instruments of monetary value paid to a patron by a sports wagering operator as a direct result of a winning sports wager.