Section 1900.340  Advertising and Marketing

a)         Each licensee shall be responsible for the content and conduct of any and all advertising or marketing done on its behalf or to its benefit whether conducted by the licensee, an employee or agent of the licensee, an affiliated entity or a third party pursuant to contract.

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)         Broadcast media;

4)         Billboards or signage;

5)         Internet advertising; or

6)         Patron acquisition, referral, or retention programs.

c)         Each master sports wagering licensee and management services provider licensee shall retain a copy of all advertising and marketing materials intended to promote any sports wagering operation in the State of Illinois, including a log of when and how those materials have been published, aired, displayed, or distributed.  These materials and logs shall be retained in accordance with the retention schedule prescribed under Section 1900.330.

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 by or on behalf of any licensee shall comply with the following:

1)         Must not directly advertise or promote sports wagering to individuals under 21 years of age;

2)         Shall include problem gambling language materially consistent with the compulsive gambling text determined by rule by the Department of Human Services;

3)         Shall state patrons must be 21 years of age or older to wager;

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

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

6)         Shall not be published, aired, displayed, or distributed in media outlets, including social media, that appeal primarily to individuals under 21 years of age;

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

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

9)         Shall not imply greater chances of winning based on wagering in greater quantity or amount; and

10)         All direct marketing shall allow the option to unsubscribe.

f)         No licensee may enter into an agreement with a third party 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.

(Source:  Amended at 45 Ill. Reg. 3460, effective March 4, 2021)