Tenn. Comp. R. & Regs. 1350-05-.06

Current through December 26, 2024
Section 1350-05-.06 - REGISTRATION OF PLAYERS/KNOW YOUR CUSTOMER REQUIREMENTS
(1) Registration. Before allowing a player to create an account, including for free play, a Fantasy sports operator must collect:
(a) The name of the individual; and
(b) The individual's date of birth showing the individual is 18 years of age or older.
(2) Deposits and withdrawals. No player shall be permitted to deposit or withdraw any funds until the individual has conducted the Identity Verification required by Rule 1350-05-.06(4) and provided the following information:
(a) The physical address where the individual resides; and
(b) Any other information required by the Fantasy sports operator to independently verify the identity of the player making a deposit or withdrawal.
(3) Single account.
(a) A Fantasy sports operator shall limit each player to one active and continuously used account in accordance with T.C.A. § 4-49-203(b)(7)(C). Fantasy sports operators shall implement rules and clearly and conspicuously publish procedures to terminate all accounts of any player that establishes or seeks to establish more than one username or more than one account, whether directly or by use of another person as a proxy.
(b) The Fantasy sports operator may allow a fantasy sports player that establishes or seeks to establish more than one username or more than one account, for one time only, to retain one account provided that the Fantasy sports operator investigates and makes a good faith determination that the fantasy sports player's conduct was not intended to obtain a competitive advantage. A player who has established more than one username or account will not be entitled to retain any winnings earned from any account during the time period that more than one username or account is active.
(c) If a fantasy sports player is allowed to retain one account in accordance with subdivision (b) above and subsequently establishes or attempts to establish another account, the Fantasy sports operator, upon discovery of the duplicative account or attempt, must terminate the player's account and prohibit that player from establishing or seeking to establish a new account for a period of two (2) years.
(4) Identity verification. A Fantasy sports operator shall use commercially and technologically reasonable means to independently verify the identity of the individual making a deposit or a withdrawal. Third-party entities may be used to verify the identity of a player.
(a) If a Fantasy sports operator determines that the information provided by a player to make a deposit or process a withdrawal is inaccurate or incapable of verification, or violates its policies and procedures, the Fantasy sports operator shall, within ten days, require the submission of additional information that can be used to verify the identity of the player.
(b) If such information is not provided or does not result in verification of the player's identity, the Fantasy sports operator shall:
1. Immediately suspend the player's account and not allow the player to participate in any further fantasy sports contests;
2. Retain any winnings attributable to the player;
3. Refund the balance of deposits made to the account to the source of such deposit or by issuance of a check; and
4. Deactivate the account.
(c) Prior to verification of the player's identity in accordance with this rule, the player shall not be permitted to make deposits or withdraw funds from his or her account.
(5) Username and password. A player must be provided with (or create) an electronic identifier such as a digital certificate or an account description and a password to log into an account on a fantasy sports contest platform.
(a) The Fantasy sports operators must allow players to change their passwords and should remind them to do so on a regular basis.
(b) Where a player has forgotten his or her password, the Fantasy sports operator must provide a secure process for the reauthentication of the player and the retrieval and/or resetting of the password. Any and all processes for dealing with lost player user IDs or passwords must be clearly described to the player and sufficiently secure.
(c) When a player logs into the fantasy sports platform, either the most recent time and date of login must be displayed, or the player must be able to access information listing the time and date of any contest entries and any withdrawals or deposits that have taken place in his or her account the last 30 days.
(d) Each fantasy sports contest must have a unique identifier assigned by the Fantasy sports operator which distinguishes entries into that contest from entries into other contests.
(6) Minors prohibited. Only players age 18 and over may participate in fantasy sports contests.
(a) A Fantasy sports operator must deny account registration to any person who enters a birthdate which indicates that he or she is a minor.
(b) A Fantasy sports operator shall implement commercially and technologically reasonable procedures to prevent access to fantasy sports contests by minors on its fantasy sports platform, including but not limited to independent verification of age using information obtained from independent sources outside of the player seeking to open an account. Third-party services may be used to verify the age of a player; and
(c) A Fantasy sports operator shall clearly and conspicuously display, on web pages that are accessed prior to registering for a fantasy sports contest, a statement that it is illegal for persons under the age of 18 to engage in fantasy sports contests in Tennessee. This statement must be clearly and conspicuously displayed by the Fantasy sports operator.
(7) Player affirmations. Fantasy sports operators must include the following provisions in any Terms of Service or Terms of Use:
(a) That the information provided to the operator by the individual to register is accurate;
(b) That the individual has been informed, and acknowledges, that as an authorized player he or she is prohibited from allowing any other person access to or use of their fantasy sports player account; and
(c) That the individual acknowledges that his or her account activity and winnings may be disclosed to the Sports Wagering Council, the Department of Revenue and any other applicable state or federal entities.

Tenn. Comp. R. & Regs. 1350-05-.06

Emergency rules filed June 16, 2023 to become effective July 1, 2023; effective through December 28, 2023. New rules filed September 15, 2023; effective 12/14/2023.

Authority: T.C.A. §§ 4-49-201, 4-49-203, and 4-49-212.