1 Colo. Code Regs. § 207-3-3

Current through Register Vol. 47, No. 24, December 25, 2024
Rule 1 CCR 207-3-3 - DUTIES OF FANTASY CONTEST PROVIDERS

BASIS AND PURPOSE FOR RULE 3

The purpose of Rule 3 is to specify the rights, responsibilities, and duties of fantasy contest providers in regard to the lawful methods of operation, discovery of violations, changes in ownership and control, retention of records and access to the Division, advertising, and ceasing operations. The statutory basis for Rule 3 is found in sections 44-30-203, C.R.S., 44-30-204, C.R.S., 44-30-1604, C.R.S., 44-30-1605, C.R.S., 44-30-1607, C.R.S., 44-30-1608, C.R.S., 44-30-1610, C.R.S., and Part 16 of Article 30 of Title 44.

3.1Responsibilities of fantasy contest providers.

Responsibility for the employment and maintenance of lawful methods of operation rests with the fantasy contest provider, and willful or persistent use or toleration of methods of operation considered unlawful by the Division is prohibited. Each fantasy contest provider shall fully and timely perform each and every term, condition and duty required under Part 16, Article 30, of Title 44, C.R.S., and the Rules and Regulations promulgated thereunder governing fantasy contests.

3.2Discovery of violations.

Fantasy contest providers must notify the Division within seventy-two (72) hours of the time the provider discovered or should have discovered any violation or suspected violation of Part 16, Article 30, of Title 44, C.R.S., the Rules and Regulations promulgated thereunder, security breaches, unintended disclosure of patron's personal information, suspicious activity, or any other criminal violation.

3.3Duty to update information.

All fantasy contest providers shall notify the Division, in writing, with any change to information required in an application or renewal application within forty-five (45) days of the change. Such changes shall include, but not be limited to, changes in officers or directors, effective ownership of greater than 10%, and trade names.

3.4Retention of Records.

Fantasy contest providers shall retain all books, records, and data relating to the operation and management of fantasy contests, as well as information sufficient to trace the deposits and withdrawals to a patron's account for at least three (3) years from the date of creation. A fantasy contest provider may petition the Director for approval to dispose of records prior to the three (3) year retention requirement.

3.5Inspections.

A fantasy contest provider must immediately make available for inspection by the Division, or its agents or investigators, local sheriffs, or their agents or investigators, and police departments upon demand, all records produced, used or kept in connection with fantasy contests, and all portions of the premises where fantasy contest system is housed. Upon demand, employees and agents of the Division, must be given immediate access to any portion of their premises for the purpose of inspecting or examining records or documents, fantasy contest systems, or the conduct of fantasy contest activity.

3.6Access to premises and production of records.

No fantasy contest provider may neglect or refuse to produce records or evidence or to give information upon demand by the Division. No fantasy contest provider shall interfere or attempt to interfere with lawful efforts by the Division to obtain or produce such information.

3.7Advertising.

A fantasy contest provider shall not allow, conduct, or participate in any false or misleading advertising concerning its operations.

(1) In addition, all offers and bonuses must:
(a) Include terms and conditions that are full, accurate, clear, concise, transparent, and do not contain misleading information;
(b) Have advertising materials that include any material terms and conditions for that offer or bonus and have those material terms in close proximity to the headline claim of the offer or bonus and in reasonably prominent size;
(c) Not be described as free unless the patron does not have to risk, lose or deposit their own money;
(d) If the patron has to risk or lose their own money or has conditions attached to their own money, then the offer or bonus must disclose those terms;
(e) Not be described as risk free if the patron needs to incur any loss or risk their own money to use or withdraw winnings from the risk free contests; and
(f) Not restrict the patron from withdrawing their own funds or withdrawing winnings from contests placed using their own funds.

Providers shall implement commercially reasonable methods to ensure players that self-exclude shall not, while on the exclusion list, be able to redeem points, bonuses, comps or freeplay.

3.8Closing of a fantasy contest operation; dissolution.
(1) A fantasy contest provider must notify the Division at least sixty (60) days prior to ceasing operations, or the change of ownership, or as soon as the operator knows that closing is imminent, whichever period is shorter.
(2) Within 30 days of notice to the Division, the fantasy contest provider must submit to the Division a closing plan regarding the disposition of patron accounts, funds in those accounts, and on- going fantasy contests.
(3) Upon the dissolution of a fantasy contest provider that is a corporation, company, partnership or association, the fantasy contest provider shall surrender their license or registration within 10 days of the dissolution effective date.

1 CCR 207-3-3

46 CR 24, December 25, 2023, effective 1/14/2024