11VAC5-70-270(M) Sports Betting Platform Requirements.

If a player has a pending wager and the player subsequently self-excludes, the wager shall be cancelled and the funds and account balance shall be returned to the player in accordance with the permit holder’s internal controls.

This provision could be abused by consumers attempting to avoid a loss when an event is in play and an outcome already likely. A bettor could self-exclude in the fourth quarter of a blowout game, or in the case of a futures bet on total season wins a bettor could self-exclude late in the season.  We recommend amending the requirement to only allow such a return of funds prior to an event posting, or in the case of a futures bet, prior to the start of the season.

11VAC5-70-10. Definitions.

“Cheating” means behavior that includes but is not limited to improving the chances of winning or of altering the outcome of a wager, sports betting platform, or sporting event by deception, interference, or manipulation or use of inside or non-public information or through use of any equipment, including software pertaining to or used in relation to the equipment used for or in connection with a wager, sports betting platform, or the sporting event on which agers are placed or are invited, including attempts and conspiracy to cheat.

Cheating should also include provisions for colluding with other bettors to manipulate bets, betting for other customers, and coordination of bets.  It should also make reference to a violation of applicable laws and regulations (e.g. anti-money laundering regulations).

11VAC5-70-240(A). Advertising and Marketing.

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.

This requirement would prove to be onerous not just for the operator, but the regulator. As part of its launch strategy in other states, William Hill has produced more than 500 pieces of material that would be subject to this regulation. Additionally, some advertising and marketing is produced at the last minute in response to changes in the market. These last-minute materials may be difficult for the director to respond to in a timely manner.

William Hill suggests Virginia address advertising, marketing, and promotional materials through the operator’s internal controls, subject to periodic audits.

11VAC5-70-240(B). Advertising and Marketing

A supplier or vendor who advertises, markets, or offers promotions on behalf of more than one permit holder or without affiliation to any permit holder shall provide materials to the Director in advance of publication or dissemination for review and approval in accordance with guidelines issued by the Director.

This requirement should be removed as it seems redundant because 11VAC5-70-240(A) already requires the operator to submit all marketing materials to the Director. 

If this requirement remains, William Hill seeks clarification to understand if this requires every television station, newspaper, website, billboard company, or other media outlet that accepts advertisements from multiple operators to submit materials.

(Continued on subsequent submission)