N.Y. Comp. Codes R. & Regs. tit. 9 § 5014.17

Current through Register Vol. 46, No. 42, October 16, 2024

Section 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 Title. 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 HOPE line 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 selfexcluded 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5014.17

Adopted New York State Register April 10, 2019/Volume XLI, Issue 15, eff. 4/10/2019

Amended New York State Register March 15, 2023/Volume XLV, Issue 11, eff. 3/15/2023

Amended New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024