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Virginia Lottery Board
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9/2/20  3:53 pm
Commenter: Penn National Gaming, Inc., and Penn Interactive

PIV Comments/Suggested Edits - 11 VAC 5-80-120, 140, 150

11 VAC 5-80-120 Protections for at-risk or problem bettors.


  1. A permit holder shall institute and prominently publish procedures for sports bettors to implement the restrictions provided in subsection A. Such procedures shall include, at a minimum:


  1. Opportunities to self-exclude from or to set self-imposed limits on any sports betting platform used by that sports bettor to make deposits into a segregated account;


  1. Options to set pop-up warnings concerning excessive sports betting activity: and


  1. Options to implement permit holder-enforced timeouts. Sports bettors shall have the option to adjust self-imposed limits to make them more restrictive as often as they like but shall not have the option to make limits less restrictive until the prior restriction has expired within 90 days of.setting such limits.[1]


  1. A permit holder shall not market sports betting by mail, phone, email, or social media or by knowingly directing any form of individually targeted advertisement or marketing material to a sports bettor if the sports bettor is self-excluded or otherwise barred from participating in sports betting.[2]


  1. A permit holder shall establish clear protocols for staff to respond appropriately to:


    1. a player in crisis or distress;


    1. a player who discloses that he may have a problem with gambling; and


    1. third-party concerns[3]

G. A permit holder shall develop and prominently publish procedures for honoring requests made by third parties to exclude or set limits for sports bettors. Such procedures shall include provisions for honoring requests to exclude sports bettors for whom the requester provides documentary evidence of sole or joint financial responsibility for the source of any funds wagered on sports betting on a platform owned by the permit holder, including limited to:[4]

[1] We respectfully recommend not allowing less restrictive limits until the initial limit has expired for Responsible Gaming Concerns.   If a sports bettor puts a limit on their account for 1 year, the Operator nor the VA Lottery would want them to be able to create a less restrictive one 90 days later. In addition, if a patron sets a weekly deposit limit, they should be able to adjust that limit after one week has gone by, not after 90 days.

[2] We respectfully recommend providing clarity to “otherwise barred”.  We will take all reasonable steps possible to ensure there is no direct marketing to any excluded individual, however, without further defining otherwise barred, we recommend removing the language as it is vague.

[3] We are very supportive of Responsible Gaming Initiatives and want to provide assistance to Problem Gamblers.  However, it is very difficult for a Permit Holder to accept third party concerns of a patron’s problem gambling and protect the identity of the potential problem gambler.

[4] In addition to the above comment, we are contractually bound through our own terms, conditions and privacy policies to our wagering patrons.  Without a Court Order, it would be very difficult for an Operator to develop and honor such third-party requests in a manner that does not risk exposing the identity of the problem gambler. Additionally, this Rule is in conflict with the Sports Bettors Bill of Rights, specifically the “The Right to Data Privacy and Security.”



11 VAC 5-80-140 Promotional offers


A permit holder shall fully and accurately disclose the material terms of all promotional offers involving sports betting at the time any such offer is advertised and provide full disclosure of the terms of and limitations on the offer before the sports bettor provides anything of value in exchange for the offer. If the material terms of a promotional offer cannot be fully and accurately disclosed within the constraints of a particular advertising medium, such as on a billboard, the promotional offer may not be advertised in that medium.[1]

[1] We respectfully recommend removing this section as terms and conditions of a specific promotion may be a one to two-page document and cannot be displayed on an advertisement about that promotion.  However, when a patron registers or signs into their account, they could then, access the specific terms and conditions of that promotion.



11 VAC 5-80-150 Advertising in general

D. A permit holder shall not intentionally use characteristics of at-risk or problem bettors to target potentially at-risk or problem bettors with advertisements.[1]

[1] We respectfully recommend setting forth the specific characteristics of an at risk problem bettor to assist Operators in ensuring compliance with this rule and remove ambiguity around “characteristics of at-risk problem bettors”.



CommentID: 84398