11VAC5-70-240. Advertising and Marketing.

A. A permit holder shall provide all advertising, marketing, and promotional materials developed by or on behalf of the permit holder by a supplier or vendor to the Director in advance of publication or dissemination for review and approval in accordance with guidelines issued by the Director.

Comment: We ask for a modification that removes the requirement of “review and approval” in advance of publication or dissemination. Instead, we propose that a permit holder maintain all advertising, marketing, and promotional material for a period of time, months or years. In the alternative, we propose that material be required to be submitted X days in advance to the Director but does not require Director approval. Mirroring other comments made, we believe that sports betting is dynamic and that requiring prior-approval of all advertising, marketing, and promotional materials will cause undue delays and limit the ability of a regulated entity to adapt to the market demands in a timely fashion.

L. Advertising, marketing, or promotional materials may not be placed before an audience where the majority of the participants is presumed to be below the age of 21...

Comment: Is the word “participant” intended to be the audience watching the event or the participants that are participating in the event itself?