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Can I offer contests that involve email promotions in Michigan? What are the requirements?

To offer contests that involve email promotions in Michigan, you must comply with the requirements set forth by the Michigan Gaming Control and Revenue Act and the Michigan Administrative Code. The specific requirements depend on whether you are an internet gaming operator or internet gaming platform provider, or a licensed fantasy contest operator.

Requirements for Internet Gaming Operators or Internet Gaming Platform Providers

If you are an internet gaming operator or internet gaming platform provider, you must comply with the following requirements:

  1. Written Notice: Before offering any contest type, you must file written notice with the board of your intent to offer that contest type [2.1].
  2. Record Keeping: You must maintain a record of each contest type you offer, which must address, at a minimum, all of the following: internet game type, rules concerning contest play and participation, entry fee amount or amounts per participant, funding source amount or amounts comprising the prize pool, prize structure on payout, and methodology for determining winner or winners [2.1].
  3. Advertising: You must not employ false, deceptive, or misleading advertising, or advertising that is not based on fact [1.4].
  4. Targeting: You must not target, in advertising or promotions, individuals who have restricted themselves from entering a fantasy contest under the procedures established by the board or individuals who are less than 18 years of age [1.4].

Requirements for Licensed Fantasy Contest Operators

If you are a licensed fantasy contest operator, you must comply with the following requirements:

  1. Licensing: You must be a licensed fantasy contest operator to offer fantasy contests in Michigan, unless you meet certain exceptions [1.2].
  2. Procedures and Internal Controls: As a condition of licensure, you must submit to, and receive approval from, the board commercially reasonable procedures and internal controls intended to ensure the integrity of fantasy contests [1.5].

Therefore, to offer contests that involve email promotions in Michigan, you must either be a licensed fantasy contest operator or an internet gaming operator or internet gaming platform provider that complies with the requirements set forth by the Michigan Gaming Control and Revenue Act and the Michigan Administrative Code.

[1.2]: MICL 432.503 [2.1]: MIAC R 432.649 [1.4]: MICL 432.507 [1.5]: MICL 432.504

Source(s):
Jurisdiction

Michigan