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.

Last updated October 7, 2024 at 12:01 PM

Supplemental Information

Authorized By: 3772.03, 3772.033
Amplifies: 3772.03, 3772.033
Five Year Review Date: 9/12/2029
Prior Effective Dates: 12/22/2018

Rule 3772-13-02 | Advertisements.

• Effective: November 30, 2024
• Promulgated Under: 119.03

(A) All advertisements must:

(1) Clearly and conspicuously include messages designed to prevent problem gambling and provide information about how to access resources related to problem gambling, including one of the following:

(a) The national council on problem gambling's twenty-four hour confidential helpline;

(b) The problem gambling hotline number established under section 3772.062 of the Revised Code; or

(c) Another helpline approved by the executive director that is free of charge to the caller.

(2) Clearly and conspicuously specify any material conditions or limiting factors; and

(3) State the name and location of the relevant casino facility, except for billboards within a thirty mile radius of the casino facility.

(B) All advertisements must not:

(1) Obscure any material fact;

(2) Depict or target any individual under the age of twenty-one; or

(3) Be false, deceptive, or misleading.

(C) A casino operator must not advertise or promote on college or university campuses located in the state of Ohio except for generally available advertising, including television, radio, and digital advertising. Any advertisement shown to be targeting the area of a college or university campus is not generally available and will be a violation of this paragraph.

(D) Each direct advertisement must clearly and conspicuously describe a method by which an individual may opt out of receiving future direct advertisements. If the direct advertisement is sent via electronic mail, the described opt out method must include either electronic mail or a linked online website. All other direct advertisements must include at least one of the following methods to opt out:

(1) Telephone;

(2) Regular U.S. mail;

(3) Online website or mobile application; or

(4) Electronic mail.

(E) 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.

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

Last updated December 2, 2024 at 8:33 AM

Supplemental Information

Authorized By: 3772.03, 3772.033
Amplifies: 3772.03, 3772.033
Five Year Review Date: 11/30/2029
Prior Effective Dates: 5/19/2012

Rule 3772-13-03 | Promotions.

• Effective: November 30, 2024
• 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 must be made immediately available to the public and the commission upon request.

(C) Each casino operator must establish policies and procedures for conducting promotions. The policies and procedures must 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 must not be deceptive or misleading, including not using the term "free" or "risk-free" when the patron is required to incur any loss or risk their own money to obtain winnings.

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

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

Last updated December 2, 2024 at 8:33 AM

Supplemental Information

Authorized By: 3772.03, 3772.033
Amplifies: 3772.03, 3772.033
Five Year Review Date: 11/30/2029
Prior Effective Dates: 5/19/2012, 4/29/2017