Chapter 3772-13 | Advertising

Rule 3772-13-01 | Definitions.

• Effective: July 27, 2019
• Promulgated Under: 119.03

As used in rules adopted by the commission, the following words have the following meanings:

(A) "Advertisement" means any notice or communication to the public or any information concerning the gaming-related business of a casino operator through broadcasting, publication or any other means of dissemination, including electronic dissemination.

(B) "Direct advertisement" means any advertisement as described in paragraph (A) of this rule that is disseminated to a specific individual or individuals.

(C) "Promotion" means:

(1) A drawing, contest, game, or similar activity in which no consideration is required to participate or compete for the chance to win a gift, prize, or item from the casino operator.

(2) A gift, prize, or item given by a casino operator in accordance with the operator's written criteria and for which no consideration is required.

A casino operator may conduct a promotion in conjunction with a commission-approved casino game, provided that any gift, prize, or item offered is incidental to the underlying casino game and does not require any additional thing of value.

Supplemental Information

Authorized By: 3772.03, 3772.033
Amplifies: 3772.03, 3772.033
Five Year Review Date: 7/27/2024

Rule 3772-13-02 | Advertisements.

• Effective: July 27, 2019
• Promulgated Under: 119.03

(A) Each casino operator shall provide a complete and accurate copy of all advertisements at least five business days in advance of public dissemination to the executive director.

(B) For as long as they are publicly disseminated, all advertisement must meet the following criteria:

(1) Advertisements shall not obscure any material fact;

(2) Advertisements shall not depict any individual under the age of twenty-one;

(3) Advertisements shall be based upon fact, and shall not be false, deceptive, or misleading;

(4) Advertisements shall clearly and conspicuously state the problem gambling hotline number established under section 3772.062 of the Revised Code;

(5) Advertisements shall clearly and conspicuously specify any material conditions or limiting factors;

(6) Except for billboards within a thirty-mile radius of the relevant casino facility, advertisements shall clearly and conspicuously state the name and location of the relevant casino facility; and

(7) Each direct advertisement shall clearly and conspicuously describe at least one of the following methods by which an individual may opt out of receiving future direct advertisements:

(a) Telephone;

(b) Regular U.S. mail; or

(c) Electronic mail.

(C) Casino operators shall cease the public dissemination of an advertisement upon discovery the advertisement fails to continue to comply with the criteria described in paragraph (B) of this rule, or to the extent ordered by the executive director.

(D) Within fifteen days of receipt of an individual's request described in paragraph (B)(7) of this rule, a casino operator shall take the necessary action to prevent future dissemination of direct advertisements to the individual.

Supplemental Information

Authorized By: 3772.03
Amplifies: 3772.03
Five Year Review Date: 7/27/2024
Prior Effective Dates: 5/19/2012

Rule 3772-13-03 | Promotions.

• Effective: July 27, 2019
• Promulgated Under: 119.03

(A) A casino operator may only offer a promotion in the manner it is described in written, dated rules that must contain, at a minimum, the following information:

(1) The date(s) on which the promotion will be held;

(2) A description of the promotion, including the structure, equipment, guidelines, any material conditions or limiting factors, and criteria for eligibility, entry, and determination of winners;

(3) The prize or gift structure, including amounts or percentages, or both, for each prize or gift level; and

(4) Procedures for cancellation of the promotion.

(B) A promotion's rules shall be made immediately available to the public and the commission upon request.

(C) Each casino operator shall establish policies and procedures for conducting promotions. The policies and procedures shall include the delegation of authority to approve the issuance of promotional slot or table credits, and the limits that apply to this authority, including limits based on separation of duties and limits based on relationships between the authorizer and the recipient.

(D) Promotions shall not be deceptive or misleading.

(E) No employee of a casino operator may participate in a promotion offered to casino patrons by the casino operator, or an affiliated casino operator, in the state of Ohio.

(F) Each promotional coupon shall clearly and conspicuously contain the following information:

(1) The name and location of the relevant casino facility;

(2) The specific value of any monetary coupon in U.S. dollars;

(3) A unique identifier for complete and accurate tracking and accounting;

(4) All conditions required to redeem the coupon; and

(5) A specific expiration date or condition, if any.

(G) Promotional coupon offers may be advertised according to rule 3772-13-02 of the Administrative Code but promotional coupon offers must only be redeemed for a promotional coupon.

(H) A casino operator shall track the issuance and redemption of each promotional coupon.

(I) Promotional coupons shall be canceled when they are redeemed, in a manner that prevents illicit redemptions of the same coupon.

Supplemental Information

Authorized By: 3772.03
Amplifies: 3772.03
Five Year Review Date: 7/27/2024
Prior Effective Dates: 5/19/2012