Section 3000.680  Advertising and Marketing

 

a)         Each owners and organization gaming licensee shall be responsible for the advertising or marketing done on its behalf pursuant to an agreement, whether conducted by the licensee, an employee, an agent, an affiliated entity or a third party.

 

b)         For the purposes of this Section, advertising and marketing includes, but is not limited to:

 

1)         Direct mail or electronic mail;

 

2)         Telemarketing;

 

3)         Print media;

 

4)         Broadcast media;

 

5)         Social media;

 

6)         Billboards or signage;

 

7)         Internet advertising;

 

8)         Sweepstakes or other giveaways;

 

9)         Promotional items; or

 

10)       Patron acquisition, referral, or retention programs.

 

c)         Each owners and organizational gaming licensee or applicant shall retain a copy of all advertising and marketing materials intended to promote any gambling operation in the State of Illinois, including a log of when and how those materials have been published, aired, displayed, or distributed.  Dynamically generated electronic advertising shall include all details about the methods and about how and when advertising is shown.  These materials and logs shall be retained in accordance with the retention schedule prescribed by the Board.

 

d)         All advertising and marketing materials and the publication log shall be made available to the Board or its agents upon request.

 

e)         All advertising and marketing materials published, aired, displayed, or distributed in Illinois or that target Illinois residents by or on behalf of any licensee or applicant shall comply with the following:

 

1)         Shall not contain any false, deceptive, or misleading statements or information;

 

2)         Shall not imply or promote gambling as free of risk in general or in connection with a particular promotion or offer;

 

3)         Shall not describe gambling as "free", "cost free", "free of risk", or any other similar language if the patron needs to incur any loss or risk the patron's own money to use, obtain, or withdraw winnings;

 

4)         Shall not imply greater chances of winning based on wagering in greater frequency, quantity, or amount, unless based on published data or verifiable facts;

 

5)         Shall not imply greater chances of winning versus other licensees;

 

6)         Shall state patrons must be 21 years of age or older to gamble;

 

7)         Shall not directly advertise or promote gambling to individuals under 21 years of age;

 

8)         Shall not contain images, symbols, celebrity or entertainer endorsements, or language designed to appeal specifically to those under 21 years of age;

 

9)         Shall not feature anyone who is, or appears to be, under 21 years of age;

 

10)       Shall not be published, aired, broadcast, displayed, or distributed in outlets that appeal primarily to individuals under 21 years of age;

 

11)       Shall not be placed before any audience where the majority of viewers or participants is reasonably expected to be under 21 years of age;

 

12)       Shall not be published, aired, broadcast, displayed, or distributed on any college or university campus, or college or university media outlets such as college or university newspapers and radio or television broadcasts, or any sports venues used primarily for college and university events;

 

13)       Shall not depict college or university students, colleges or universities, or college or university settings;

 

14)       No gambling messages, including logos, trademarks or brand names, shall be used or licensed for use on clothing, toys, games or game equipment intended primarily for persons under 21 years of age. To the extent that promotional products carry gambling messages or brand information, an applicant or licensee shall use commercially reasonable efforts to distribute such products only to those who have reached the legal age for gambling in Illinois;

 

15)       Shall include problem gambling language materially consistent with the compulsive gambling text determined by rule by the Department of Human Services pursuant to Section 13.1(a) of the Illinois Gambling Act;

 

16)       Shall not use the logo or name of the Illinois Gaming Board other than to indicate that they are a Board licensee;

 

17)       Gambling brands, logos, or messages shall not be placed on any website, printed page, or other medium devoted primarily to individuals seeking assistance or information on problem or responsible gambling; and

 

18)       All direct marketing shall allow patrons the option to unsubscribe or opt out. Any request to unsubscribe or opt out must be accomplished as soon as practicable.

 

f)         No licensee or applicant may enter into an agreement with a third party, other than an affiliated entity, to conduct advertising or marketing on behalf of, or to the benefit of, the licensee when compensation is dependent on, or related to, the volume or outcome of wagers.

 

g)         This Section only applies to activities directed towards members of the general public.  For the purposes of Section 3000.680 and the Illinois Gambling Act, "general public" does not include individuals physically present at the gaming operation.

 

(Source:  Added at 49 Ill. Reg. 10016, effective July 17, 2025)