Overview
The following statutory and regulatory language is provided pursuant to New York State Racing, Pari-Mutuel Wagering and Breeding Law (PML) § 111(1)(c), which states:
The commission shall make available on its website information and technical support which includes, but is not limited to, guidelines for any association, corporations licensed or enfranchised pursuant to this chapter on advertising restrictions.
Entities should review all Commission regulations and applicable statutes before issuing advertisements.
Questions should be sent to Commission Director of Regulation and Compliance Christine Carpenter.
Laws - Casino Gaming (including Mobile Sports Wagering)
Racing, Pari-Mutuel Wagering and Breeding Law (PML) CHAPTER 47-A, ARTICLE 13, TITLE 7
§ 1363. Advertising restrictions.
- As used in this section:
(a) "advertisement" shall mean any notice or communication to the public or any information concerning the gaming-related business of a gaming facility licensee or applicant or a mobile sports wagering licensee as defined in section thirteen hundred sixty-seven of this article through broadcasting, publication or any other means of dissemination, including electronic dissemination. Promotional activities are considered advertisements for purposes of this section.
(b) "direct advertisement" shall mean any advertisement as described in paragraph (a) of this subdivision that is disseminated to a specific individual or individuals.
- Advertising shall be based upon fact, and shall not be false, deceptive or misleading, and no advertising by or on behalf of a gaming facility licensee shall:
(a) Use any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring of any material fact;
(b) Fail to clearly and conspicuously specify and state any material conditions or limiting factors;
(c) Depict any person under the age of twenty-one engaging in gaming and related activities; or
(d) Fail to designate and state the name and location of the gaming facility conducting the advertisement. The location of the gaming facility need not be included on billboards within thirty miles of the gaming facility.
- Each advertisement shall, clearly and conspicuously, state a problem gambling hotline number.
- Each direct advertisement shall, clearly and conspicuously, describe a method or methods by which an individual may designate that the individual does not wish to receive any future direct advertisement.
(a) The described method must be by at least two of the following:
(1) Telephone;
(2) Regular U.S. mail; or
(3) Electronic mail.
(b) Upon receipt of an individual's request to discontinue receipt of future advertisement, a gaming facility licensee or applicant shall block the individual in the gaming facility licensee's database so as to prevent the individual from receiving future direct advertisements within fifteen days of receipt of the request.
- Each gaming facility licensee or applicant shall provide to the commission at its main office a complete and accurate copy of all advertisements within five business days of the advertisement's public dissemination. Gaming facility licensees or applicants shall discontinue the public dissemination upon receipt of notice from the commission to discontinue an advertisement.
A gaming facility licensee or applicant shall maintain a complete record of all advertisements for a period of at least two years. Records shall be made available to the commission upon request.
9 NYCRR § 5325.6. Advertising.
(a) Advertisements used by a gaming facility licensee shall comply with Racing, Pari-Mutuel Wagering and Breeding Law section 1363 and with advertising guidelines issued by the National Council on Problem Gambling.
(b) Advertisements shall contain a problem gambling assistance message comparable to one of the following:
(1) If you or someone you know has a gambling problem, help is available. Call (877-8-HOPENY) or text HOPENY (467369);
(2) Gambling Problem? Call (877-8-HOPENY) or text HOPENY (467369); or
(3) any other message approved in writing by the commission.
(c) Unless otherwise approved in writing by the commission, the problem gambling assistance message shall meet the following requirements:
(1) for signs, direct mail marketing materials, posters and other print advertisements, the height of the font used for the problem gambling assistance message must be the greater of:
(i) the same size as the majority of the text used in the sign, direct mail marketing material, poster or other print advertisement; and
(ii) two percent of the height or width, whichever is greater, of the sign, direct mail marketing material, poster or other print advertisement;
(2) for billboards, the height of the font used for the problem gambling assistance message must be at least five percent of the height or width, whichever is greater, of the face of the billboard;
(3) for video and television, the problem gambling assistance message must be visible for either:
(i) the entire time the video or television advertisement is displayed, in which case the height of the font used for the problem gambling assistance message must be at least two percent of the height or width, whichever is greater, of the image that will be displayed; or
(ii) from the first time a table game, table game device, slot machine, associated equipment or gaming facility name is displayed or orally referenced, and on a dedicated screenshot visible for at least the last three seconds of the video or television advertisement. If the gaming facility licensee elects to use this option, the height of the font used for the problem gambling assistance message displayed:
(a) during the advertisement must be at least two percent of the height or width, whichever is greater, of the image that will be displayed; and
(b) on the dedicated screen shot must be at least eight percent of the height or width, whichever is greater, of the image that will be displayed;
(4) for websites, including social media sites and mobile phone applications:
(i) the problem gambling assistance message must be posted on each webpage or profile page and on any gaming-related advertisement posted on the webpage or profile page;
(ii) the height of the font used for the problem gambling assistance message must be at least the same size as the majority of the text used in the webpage or profile page; and
(iii) for advertisements posted on the webpage or profile page, the height of the font used for the problem gambling assistance message must comply with subparagraph (ii) of this paragraph.
§ 5329.37. Advertising, marketing and promotions.
(a) Advertisements generally.
(1) Advertisements and promotions used by a casino sports wagering licensee or sports pool vendor shall comply with Racing, Pari-Mutuel Wagering and Breeding Law section 1363 and comply with the responsible gaming requirements set forth in section 5325.6 of this Subchapter.
(2) Advertisements and promotions used by a casino sports wagering licensee or sports pool vendor shall disclose the identity of the casino sports wagering licensee or sports pool vendor.
(3) Each casino sports wagering licensee or sports pool vendor shall be responsible for the content and conduct of any and all advertising, marketing or branding done on its behalf or to its benefit, whether conducted by such licensee, an employee or agent of such licensee, or an affiliated entity of agent of such licensee pursuant to contract or agreement.
(4) No person who, or entity that, is not a casino sports wagering licensee or sports pool vendor shall advertise sports gambling in the State, unless the advertisement disclaims conspicuously that the wagering offerings are not available in the State.
(5) No person or entity shall advertise forms of illegal gambling in the State, unless the advertisement disclaims conspicuously that the wagering offerings are not available in the State.
(6) No casino sports wagering licensee or sports pool vendor may enter into an agreement with an affiliate marketing partner when the manner of compensation for such services is prohibited by Racing, Pari-Mutuel Wagering and Breeding Law section 1341(1).
(b) False, deceptive or misleading statements.
(1) No advertisement or promotion for sports wagering, including any material published or disseminated by an affiliate marketing partner, shall contain false, deceptive or misleading statements or elements, including, without limitation, those concerning:
(i) chances of winning;
(ii) the number of winners; or
(iii) the rules, terms or conditions of wagering.
A false, deceptive or misleading statement or element includes, without limitation, one that reasonably would be expected to confuse or mislead patrons in order to induce them to engage in sports wagering.
(2) A casino sports wagering licensee or sports pool vendor shall not, directly or indirectly (such as through an affiliate marketing partner):
(i) promote irresponsible or excessive participation in sports wagering;
(ii) suggest that social, financial or personal success is guaranteed by engaging in sports wagering;
(iii) imply or promote sports wagering as free of risk in general or in connection with a particular promotion or sports wagering offer;
(iv) describe sports wagering as “free”, “cost free” or “free of risk” if the patron needs to incur any loss or risk the patron’s own money to use or withdraw winnings from the wager;
(v) encourage patrons to “chase” losses or re-invest winnings;
(vi) suggest that betting is a means of solving or escaping from financial, personal, or professional problems;
(vii) portray, suggest, condone or encourage sports wagering behavior as a rite of passage or signifier of reaching adulthood or other milestones;
(viii) portray, suggest, condone or encourage sports wagering behavior that is socially irresponsible or could lead to financial, social or emotional harm;
(ix) state or imply that the chances of winning increase with increased time spent on sports wagering or increased money wagered; or
(x) be placed on any website or printed page or medium devoted primarily to responsible gaming.
(3) A casino sports wagering licensee, sports pool vendor, or affiliate marketing partner, shall not use misleading embedded keywords or similar methods in its platform to:
(i) attract persons under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1), self-excluded contestants or persons who are or may be problem gamblers; or
(ii) accomplish any other misleading or deceptive purpose.
(4) Each affiliate marketing partner shall disclose in its media, in a reasonably prominent manner (e.g., after a writer’s byline, after editorial content, in an “about” link on a webpage that is accessible from the page on which editorial content appears), whether such affiliate marketing partner has agreed to promote, refer potential customers to, or conduct advertising, marketing or branding on behalf of, or to the benefit of, one or more casino sports wagering licensees or sports pool vendors. Each casino sports wagering licensee or sports pool vendor shall cause each of its affiliate marketing partners to comply with this paragraph.
(c) Marketing and promotions.
(1) In connection with the marketing, promoting, advertising or offering of any promotion or displaying or offering of such on a casino sports wagering licensee’s or sports pool vendor’s platform or platforms, or on any platform or platforms over which a casino sports wagering licensee or sports pool vendor exercises actual or constructive control, such licensee shall:
(i) clearly and conspicuously disclose material facts, terms and conditions of the promotion to potential contestants and adhere to such terms;
(ii) clearly and conspicuously disclose to consumers material limitations to the promotion;
(iii) obtain express informed consent from any consumer who must deposit money to take advantage of the promotion; and
(iv) if an offer requires a patron to wager a specific dollar amount to receive the complimentary item or promotional credit, the amount that the patron is required to wager of the patron’s own funds shall be disclosed in the same size and style of font as the amount of the complimentary item or promotional credit, and the complimentary item or promotional credit shall not be described as free.
(2) No casino sports wagering licensee or sports pool vendor, or any employee, agent or vendor thereof, shall advise or encourage individual patrons to place a specific wager of any specific type, kind, subject or amount. The prohibition in this paragraph shall not apply to general advertising or promotional activities.
(3) Each direct advertisement of sports wagering shall clearly and conspicuously describe a method by which an individual may opt out of receiving future direct advertisements. Any request to opt out must be accomplished as soon as practicable and, in any event, no later than 15 days from the date of such request. If a direct advertisement is sent via electronic mail, the described opt-out method must include either an electronic mail address that will accomplish such opt-out or a link to an online website address at which such opt-out may be accomplished as simply as practicable. A direct advertisement sent other than by electronic mail shall include at least one of the following methods to opt out:
(i) telephone;
(ii) regular United States mail;
(iii) online website address or mobile application at which such opt-out may be accomplished as simply as practicable; or
(iv) electronic mail.
For purposes of this paragraph, the term direct advertisement is limited to mean an advertisement sent by a casino sports wagering licensee or sports pool vendor and delivered via electronic mail, United States mail or telephonic means (including text messages) directly to patrons or potential patrons, but such term shall not include online advertisements appearing on or in websites, social media, broadcasting, telecasting or other media not specifically described in this paragraph.
(d) Federal rules. A casino sports wagering licensee or sports pool vendor shall follow all rules concerning endorsements, including, without limitation, rules of the Federal Trade Commission.
(e) Marketing to underage persons. A casino sports wagering licensee or sports pool vendor shall not allow, conduct or participate in any advertising, marketing or branding for sports wagering that is aimed at persons under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1).
(1) Design. No sports wagering message shall be designed to appeal primarily to those below the legal age for sports wagering by depicting cartoon characters or by featuring entertainers or music that appeal primarily to audiences under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1), nor should any message suggest or imply that persons under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1) engage in sports wagering.
(2) Composition of audience. Sports wagering advertising and marketing shall not be placed in broadcast, cable, radio, print or digital communications where the reasonably foreseeable percentage of the composition of the audience that is persons under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1) is greater than the percentage of the population in the State that is under such age, such population as measured by the most recent completed decennial census.
(3) Use of logos, trademarks and brand names. No sports wagering 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 below the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1). To the extent that promotional products carry sports wagering messages or brand information, a sports pool licensee and its employees shall use commercially reasonable efforts to distribute such products only to those who have reached the legal age for sports wagering.
(4) College and university media. Sports wagering shall not be promoted or advertised in college- or university-owned news assets (e.g., school newspapers, radio, telecasts) or advertised on college or university campuses, except that generally available advertising that is not targeted to the area of a college or university campus shall not be prohibited by this paragraph.
(5) Depiction of underage persons. No advertisement for sports wagering shall depict a person under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1); students; schools or colleges; or school or college settings, except where such image may incidentally depict a person under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1) or is an image of a professional athlete during a type of sporting event on which wagering is permitted.
(6) Endorsements. No advertisement for sports wagering shall state or imply an endorsement by a person under the wagering minimum age set forth in Racing, Pari-Mutuel Wagering and Breeding Law section 1332(1) (other than professional athletes); college athletes; schools or colleges; or college athletic associations.
(f) Age notices in online content. Websites or profiles owned by a casino sports wagering licensee or sports pool vendor that include sports betting content, including social media pages and sites, shall include a reminder of the legal age for sports wagering in the State.
(g) Retention. A registrant shall maintain records of each television, radio, print, digital or other advertisement for a period of at least four years from the date such advertisement last appears and shall make each such record available to the commission upon request.
(h) Direction to cease. Any person or entity, upon notice from the commission, shall cease, as expeditiously as possible, to offer advertising, marketing or a promotion that violates this section.
§ 5330.45. Advertising, marketing and promotions.
The provisions of section 5329.37 of this Subchapter are incorporated herein and shall apply also to each mobile sports wagering licensee and mobile sports wagering vendor licensee.
Laws - Interactive Fantasy Sports
9 NYCRR § 5607.1. Advertisements generally.
(a) Requirements. Advertisements and promotions used by a registrant shall comply with Racing, Pari-Mutuel Wagering and Breeding Law section 1404(3) and contain a compulsive play assistance message as set forth in section 5604.2 of this Chapter.
(b) Print. For signs, direct-mail marketing materials, posters and other print advertisements, the height of the font used for the compulsive play assistance message shall be the greater of:
(1) the same size as the majority of the text used in the sign, direct mail marketing material, poster or other print advertisement; and
(2) two percent of the height or width, whichever is greater, of the sign, direct mail marketing material, poster or other print advertisement.
(c) Billboards. For billboards, the height of the font used for the compulsive play assistance message shall be at least five percent of the height or width, whichever is greater, of the face of the billboard.
(d) Video and television. For video and television, the compulsive play assistance message shall be visible for either the entire time the video or television advertisement is displayed, in which case the height of the font used for the compulsive play assistance message must be at least two percent of the height or width, whichever is greater, of the image that will be displayed; or
(e) Websites. For websites, including platforms, social media sites, mobile phone applications, third-party platforms over which the registrant has actual or constructive control:
(1) the compulsive play assistance message shall be posted on each landing page, website homepage, customer account page and contest entry page or pages and on any interactive fantasy sports-related advertisement posted on the webpage or profile page;
(2) the height of the font used for the compulsive play assistance message shall be at least the same size as the majority of the text used in the webpage or profile page; and
(3) for advertisements posted on the webpage or profile page, the height of the font used for the compulsive play assistance message shall comply with paragraph (2) of this subdivision.
§ 5607.2. Advertisement restrictions.
(a) Prohibitions. A registrant shall not display advertisements or promotions that:
(1) contain content that contradicts contest rules or terms and conditions of the site;
(2) depict a person under the age of 18, students, schools or colleges, or school or college settings, except where such images may incidentally depict a minor;
(3) state or imply an endorsement by a person under the age of 18, college athletes or college athletics or associations; or
(4) represent that a contestant is a winner or has been selected, or is otherwise being involved in a select group for receipt of a prize or that a contestant is entering a contest from which a winner or select group of winners will receive a prize or opportunity, when, in fact, the contest is simply a promotional scheme designed to make contact with prospective contestants or a substantial number of those entering to receive the same prize.
(b) Deceptive or misleading statements. In addition to the requirements set forth in subdivision (a) of this Part, an advertisement or promotion shall not contain deceptive or misleading statements as to:
(1) chances of winning;
(2) the number of winners;
(3) the value of the prizes;
(4) availability of the prize;
(5) entry fee, service charge, purchase or similar consideration in order to enter;
(6) the rules, terms or conditions of participation; and
(7) the date when the contest will terminate and the prizes that will be awarded.
§ 5607.3. Marketing, promotion and advertising disclosures.
(a) Marketing, promoting and advertising. In connection with the marketing, promoting, advertising or offering of any promotion or displaying or offering of such on a registrant’s platform or platforms, or on any platform or platforms over which a registrant exercises actual or constructive control, such registrant shall:
(1) clearly and conspicuously disclose material facts, terms and conditions of the promotion to potential contestants;
(2) clearly and conspicuously disclose to consumers material limitations to the promotion; and
(3) obtain express informed consent from any consumer who must deposit money to take advantage of the promotion.
(b) Contestant performance. A registrant shall disclose to potential contestants material facts concerning the performance of contestants on such registrant’s platforms where a marketing, promotion, advertisement or offering makes specific or general statements about such performance.
(c) Winnings. A registrant shall disclose to potential contestants material facts concerning any representations of past winnings, average winnings or expected performance or outcomes when such representations are made.
(d) Federal rules. A registrant shall follow all rules concerning endorsements, including, without limitation, rules of the Federal Trade Commission.
(e) Retention. A registrant shall maintain records of each television, radio, print, digital or other advertisement for a period of at least four years from the date such advertisement last appears and shall make each such record available to the commission upon request.
§ 5607.4. Marketing restrictions.
(a) Marketing or advertising as gambling prohibited. A registrant shall not market or advertise such registrant’s platforms as gambling in the State of New York.
(b) Embedded keywords. A registrant shall not use misleading embedded keywords or similar methods in its platform to:
(1) attract minors, self-excluded contestants or persons who are or may be problem gamblers; or
(2) accomplish any other misleading or deceptive purpose.
Laws - Video Lottery Gaming
Video Lottery Gaming Regulations
9 NYCRR § 5100.2. Definitions.
(a) Unless the context indicates otherwise, the following definitions are applicable throughout this subchapter.
...
(2) Advertising or advertisement means any information, notice or communication by a video lottery gaming agent to the public concerning the video lottery gaming-related business of such agent through broadcasting, exterior signage, mail, publication, or any other means of dissemination. All advertising or advertisement(s) shall be specifically set forth and itemized in a marketing plan approved by the commission as provided by these regulations.
§ 5116.6. Advertising.
(a) Advertising generally.
(1) The content or concept of all advertising and any advertisement shall be provided as prescribed by the commission.
(2) A video lottery gaming agent shall be responsible for all advertising and advertisements that are made by the agents or representatives of such video lottery gaming agent, regardless of whether the video lottery gaming agent participated directly in such advertising’s development, preparation, placement or dissemination.
(3) Issuance of a video lottery gaming agent license pursuant to these regulations permits conducting video lottery gaming in a manner approved by the commission. Use of any name, logo or design owned by the commission or the video lottery gaming machine manufacturers without a valid license may constitute a violation of Federal and State copyright and trademark laws. Permitted use of the logo by a licensee must be in compliance with approved guidelines.
(b) Criteria governing advertising.
(1) Approved advertising criteria shall be published from time to time by the commission.
(2) The following practices shall be prohibited with respect to all advertisements:
(i) The use or statement of any information, representation, or description that contrasts or compares video lottery gaming agents or facilities with regard to total payout.
(ii) The failure to maintain any offer for the advertised period of availability or in a quantity sufficient to meet reasonably anticipated demand. Should anticipated demand be exceeded, items of equal or greater value may be substituted on notice to the commission.
(3) No video lottery agent operating within the geographic area defined by:
(i) to the east, State Route 14, from Sodus Point to the Pennsylvania border with New York;
(ii) to the north, the border between New York and Canada;
(iii) to the south, the Pennsylvania border with New York; and
(iv) to the west, the border between New York and Canada and the border between Pennsylvania and New York,
is permitted, with respect to operations, in such geographic area, to use the terms “slots,” ‘slot machines,” and “casino” or “casinos” for marketing or other purposes.
Laws - Lottery Courier Services
9 NYCRR § 5014.17. Advertising and marketing.
(a) Promotions in general. A network shall offer any promotion, discount or other marketing feature authorized by the commission and offered by lottery sales agents licensed in accordance with Part 5001 of this Title. In addition, a courier service may offer to courier customers, at such licensee’s own expense, any promotion, discount or other marketing feature not inconsistent with this subchapter. The commission may order a licensee to cease any promotion that the commission deems to be not in the best interests of the lottery program, in the discretion of the commission. Each licensee shall provide to each courier customer each promotional benefit to which such courier customer is entitled and shall in no case retain for such licensee’s benefit any promotional benefit intended for a lottery player.
(b) Promotions at lottery sales agents. A network shall be capable of promoting lottery games that may be available only at lottery sales agent locations, including advertising new instant games, as the commission may direct.
(c) Commission website. A network shall provide links to lottery web pages as the commission may direct from time to time.
(d) Approval of announcements. No courier service may make any announcement of a prizewinner, whether live or through any media, without the prior written approval of the commission.
(e) Advertising restrictions.
(1) Definitions. As used in this subdivision:
(i) advertisement means any notice or communication to the public or any information or statement concerning the lottery or courier-service-related business presented through telecasting, publication or any other means of dissemination, including electronic dissemination. Social media, promotional activities content on the courier-service platform, targeted communication such as newsletters and alerts, press releases, and statements made about the lottery or courier-service-related business are considered advertisements for purposes of this subdivision; and
(ii) direct advertisement means any advertisement as described in subparagraph (i) of this paragraph that is disseminated to a specific individual or individuals.
(2) Any advertisement for a courier service shall be submitted to the commission in draft form for review at least 15 days prior to publication or other dissemination. If the commission determines, in the commission’s discretion, that such draft does not comply with this subdivision, the commission may so notify such courier service, within 10 days of submission of the draft, and such courier service then is not permitted to publish or otherwise disseminate such advertisement. The commission may authorize continual use of a particular advertising template (e.g., a form of jackpot announcement).
(3) Advertising shall be based upon fact and shall not be false, deceptive or misleading.
(4) Advertisements shall comply with the advertising guidelines issued by the North American Association of State and Provincial Lotteries (approved March 19, 1999), 7757 Auburn Rd. Unit #7, Concord, OH 44077, which is hereby incorporated by reference. Such advertising guidelines are available for public inspection at the commission’s office located at 354 Broadway, Schenectady, NY 12305 and at the Department of State, 99 Washington Avenue, Albany, NY 12231.
(5) No advertising by or on behalf of a lottery courier service licensee shall:
(i) use any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring of any material fact;
(ii) fail to clearly and conspicuously specify and state any material conditions or limiting factors;
(iii) depict any person under the age of 18 engaging in lottery and related activities;
(iv) contain content that contradicts contest guidelines or terms and conditions of the courier service site; or
(v) conflict with New York Lottery brand messaging, as determined in the commission’s discretion.
(6) Each advertisement shall, clearly and conspicuously, contain a problem gambling assistance message comparable to one of the following:
(i) If you or someone you know has a gambling problem, help is available. Call the HOPEline at 1-877-8-HOPENY (1-877-846-7369) or text HOPENY (467369);
(ii) Gambling Problem? Call 1-877-8-HOPENY (1-877-846-7369) or text HOPENY (467369); or
(iii) any other message approved in writing by the commission.
(7) Each direct advertisement shall, clearly and conspicuously, describe a method or methods by which an individual may notify the courier service that the individual does not wish to receive any future direct advertisement.
(i) The described methods must include at least two of the following:
(a) telephone;
(b) regular U.S. mail; or
(c) electronic mail.
(ii) Upon receipt of an individual's request to discontinue receipt of future direct advertisements, a courier service shall block the individual in the courier service’s database so as to prevent the individual from receiving future direct advertisements, with such block to take effect within 15 days of the courier service’s receipt of the individual’s request.
(8) Each courier service shall provide to the commission at its main office a complete and accurate copy of all advertisements within five business days of the advertisement's public dissemination. Courier services shall discontinue the public dissemination upon receipt of notice from the commission to discontinue an advertisement.
(9) A courier service shall maintain a complete record of all of its advertisements for a period of at least two years. Records shall be made available to the commission upon request.
(10) A courier service shall prevent self-excluded customers and self-excluded former customers from receiving direct advertisements.
(f) Marketing restrictions.
(1) A courier service shall not market nor advertise such courier service’s platform as providing an opportunity to “play” lottery games or “buy” lottery tickets directly from the courier service through such platform. A courier service may market or advertise services such as the procurement or delivery of a lottery ticket, for example, referring to itself as a “digital lottery courier.” A courier service shall not market services as “digital lottery.”
(2) A courier service shall not use misleading embedded keywords or similar methods in its platform to:
(i) attract minors, self-excluded persons or persons who are or may be problem gamblers; or
(ii) accomplish any other misleading or deceptive purpose.
(g) Directive to cease use. The commission may direct a courier service to cease using any advertisement that does not comply with either or both of subdivisions (e) or (f) of this section. Any such directive, and any violation issued for failure to comply with such directive, may be in addition to any other sanction the commission may impose pursuant to applicable law for a violation or violations.
Laws - Charitable Gaming
General Municipal Law § 195-e Advertising games
A licensee may advertise the conduct of games of chance to the general public by means of newspaper, circular, handbill and poster, and by one sign not exceeding sixty square feet in area, which may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, through the internet or television as may be regulated by the rules and regulations of the commission. When an organization is licensed or authorized to conduct games of chance on the premises of an authorized games of chance lessor, one additional such sign may be displayed on or adjacent to the premises in which the games are to be conducted. Additional signs may be displayed upon any firefighting or ambulance equipment belonging to any licensed authorized organization that is a volunteer fire company, volunteer ambulance corps or upon any equipment of a first aid or rescue squad in and throughout the community served by such volunteer fire company, volunteer ambulance corps or such first aid or rescue squad, as the case may be. All advertisements shall be limited to the description of such event as "Games of chance" or "Las Vegas Night", the name of the authorized organization conducting such games, the license number of the authorized organization as assigned by the clerk or department, the prizes offered and the date, location and time of the event.
General Municipal Law § 490. Advertising of bingo games.
A licensee may advertise the conduct of an occasion of bingo to the general public by means of newspaper, radio, circular, handbill and poster, by one sign not exceeding sixty square feet in area, which may be displayed on or adjacent to the premises owned or occupied by a licensed authorized organization, and through the internet or television as may be regulated by the rules and regulations of the commission. When an organization is licensed to conduct bingo occasions on the premises of another licensed authorized organization or of a licensed commercial lessor, one additional such sign may be displayed on or adjacent to the premises in which the occasions are to be conducted. Additional signs may be displayed upon any firefighting or ambulance equipment belonging to any licensed authorized organization which is a volunteer fire company, volunteer ambulance corps or upon any equipment of a first aid or rescue squad in and throughout the community served by such volunteer fire company, volunteer ambulance corps or such first aid or rescue squad, as the case may be. All advertisements shall be limited to the description of such event as "bingo", the name of the licensed authorized organization conducting such bingo occasions, the license number of the authorized organization as assigned by the clerk; the prizes offered and the date, location and time of the bingo occasion.
9 NYCRR § 4622.26. Advertising games of chance.
A licensee may advertise the conduct of games of chance as provided for in General Municipal Law section 195-e. No advertising shall include any misleading information or representations.
9 NYCRR § 4820.47. Advertising of bingo games.
A licensee may advertise the conduct of an occasion of bingo to the general public as provided for in General Municipal Law section 490. No advertising shall include any misleading information or representations.