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Can I offer contests that involve in-game promotions in Massachusetts? What are the requirements?

Offering Contests with In-Game Promotions in Massachusetts

Based on the provided context documents, it is possible to offer contests that involve in-game promotions in Massachusetts, but there are certain requirements that must be met.

According to [1.5], the purpose of 940 CMR 34.00 is to protect Massachusetts consumers who play Daily Fantasy Sports contests for prizes from unfair and deceptive acts and practices that may arise in the gaming process. Therefore, any contests with in-game promotions must be fair and not misleading to the participants.

Additionally, [1.4] states that DFSOs shall not permit entry in DFS contests that include amateur, college, high school, or student sporting events. Therefore, any in-game promotions must not be based on these types of events.

Furthermore, [1.2] provides requirements for DFSOs that run both DFS contests and season-long fantasy sports games. If a DFSO has run 1,000 or more Exempt Contests annually for a period of at least two years, 940 CMR 34.00 shall apply only to its DFS contest business or businesses provided that the Enterprise’s DFS contests are segregated from its non-DFS contests and Exempt Contests, the Enterprise applies this regulation to all of its DFS contests on any game platform, entry into the Enterprise’s DFS contests and its Exempt Contests requires separate input of personal and financial information in the on-boarding process, separate age-verification routines and a separate login process to access the account, including separate passwords or separate account authentication processes, and the DFSO does not target individual promotional activities or individual advertising for its DFS contests to Minors who participate in its Exempt Contests.

Therefore, to offer contests that involve in-game promotions in Massachusetts, the promotions must be fair and not misleading, not based on amateur, college, high school, or student sporting events, and if the contests are DFS contests, the DFSO must meet the requirements outlined in [1.2].

If you have any further questions or concerns, please provide more details on the specific type of in-game promotions you are referring to.

Source(s):
Jurisdiction

Massachusetts