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Virginia Lottery Board
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9/2/20  2:33 pm
Commenter: Penn National Gaming, Inc., and Penn Interactive

PIV Comments/Suggested Edits - 11 VAC 5-70-240 - Advertising and Marketing
 
  1. 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.
  2. 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.[1]

 

[1] We respectfully request that sections “A” and “B” be removed. This is will be overly burdensome for Vendors, Suppliers, Permit Holders and the Lottery. By mandating an approval process for all advertising efforts, this will impact the ability to get promotions quickly posted, which is extremely important given the fast-paced nature of sports (e.g. playoff series being extended). This extra approval process could cost the Commonwealth taxable revenue, through these missed advertising opportunities.  As it relates to specific promotions a Permit Holder may utilize such as a first time deposit bonus match, a streamlined approval process can be established where the permit holder provides the terms and conditions of the bonus to the Lottery no more than 5 days prior to utilizing such promotion and the process is a notify and do, wherein the permit holder is authorized to utilize such bonus unless the VA Lottery requests more information.

 

 

 H. Advertising, marketing, and promotional materials may not feature anyone who is or appears to be below 21 years old or imply that minors may engage in sports betting.

I. A permit holder may not advertise in a media outlet (including social media) that appeals primarily to those under the age of 21.

.J Advertisements may not be placed with such intensity and frequency that they represent saturation of that medium or become excessive.

K. Advertising, marketing, or promotional materials may not contain claims or representations that sports betting will guarantee an individual’s social, financial, or personal success.

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 or that targets potentially vulnerable persons, including self-excluded bettors.

M. Advertising, marketing, or promotional materials may not imply guarantee that chances of winning increase the more one participates in, or the more one spends on, sports betting.[1]

N. A permit holder, or a supplier or vendor acting on behalf of a permit holder, shall discontinue targeted advertising and marketing to a self-excluded individual’s mobile device through direct messaging or text, e-mail, or through other contact information collected by the permit holder, supplier, or vendor.

O. Advertising, marketing, or promotional materials may not be placed on any website or printed page or medium devoted primarily to responsible gaming.

P.  Advertising, marketing, or promotional materials shall neither contain nor imply lewd or indecent language, images, nor actions.

Q. Advertising, marketing, and promotional materials shall reflect generally accepted contemporary standards of good taste.[2]

R. All direct advertising, marketing, and promotions via e-mail or text message shall allow the option to unsubscribe.

S. A permit holder shall respect user privacy and comply with all applicable legal privacy requirements, including those governing consent.

T. A permit holder shall provide the requirements of this section to advertising, marketing, and promotions personnel, contractors, agents, and agencies and shall require compliance.

[1] We respectfully recommend a more measurable and definitive way of measuring advertisements for advertising materials.

[2] We respectfully recommend a more objective standard than of “contemporary standards of good taste” which is vague and difficult standard for Operators to comply with and for VA Lottery to enforce.

 

CommentID: 84387