Sports Betting Advertising Q & A Issued

According to an MAB conversation with the attorney for Michigan Gaming Control Board and based on the rules, broadcasters who are required to be registered for accepting sports betting advertising may do so by company rather than per station. If your advertising comes through an ad agency, it is the agency that must register even if the amount of ad revenue received for any single gambling organization reaches the 100K threshold. If your ad revenue is coming from an inhouse agency of one of the gaming organizations you will be required to register, in which case you may register as a company or by station which ever you feel more comfortable doing.

Follow this link to all of the FAQs on Sport Betting and online Casino Game Betting (see page 5 of 9 for advertising). Below is a copy of the section on advertising:

Advertising

Q: Can an operator and/or platform provider advertise its internet gaming and/or internet sports betting products in Michigan?
A: Yes. Advertising, both before and after launch, is allowed. An operator or platform provider does not need a license from the board to conduct advertising. The board provides no guarantees regarding licensing or any other necessary approval to launch.

Q: What requirements apply to internet gaming and internet sports betting advertisements?
A: Under the administrative rules and related technical standards, internet gaming and internet sports betting advertisements cannot target self-excluded individuals. Advertisements directed to the general public at large are not considered advertisements that target any specific individuals, including those that may be self-excluded.

Q: Are there branding requirements for advertisements?
A: No. The statutory branding requirements, which are outlined above, apply to platforms only. There are no branding requirements for advertisements.

Q: Are there any restrictions on the methods that can be used for internet gaming and internet sports betting advertisements?
A: There are no restrictions on the methods that can be used to advertise internet gaming and internet sports betting, subject to both of the following: (1) advertisements must not target self excluded individuals; and (2) a marketing affiliate licensed or registered by the board must not promote or market illegal online gaming sites to individuals located in Michigan. Advertising can be conducted via both traditional methods and social media

Q: Is board approval of advertisements required?
A: No. Board approval of internet gaming and internet sports betting advertisements is not required.

Q: A social media platform or other publisher has requested confirmation from the board that a specific operator and/or platform provider is allowed to advertise, and that board approval is not required. Can the board provide this confirmation?
A: Yes. Please email the request to hicksd8@michigan.gov.

Q: Are advertisers required to be licensed or registered with the Board?
A: If the advertiser is an affiliate marketer and has an agreement based on the sharing of customer revenue, it must be licensed as a supplier. Affiliate marketers that do not have an agreement based on the sharing of customer revenue must register with the Board as a vendor. “Affiliate marketer” means a person involved in promoting, marketing, and directing business to online gaming sites who is compensated based on the volume of customer referrals to an online gaming site or customer activity, including but not limited to, number of registrations, number of depositing registrations, or wagering activity, or both. An advertiser, who is not an affiliate marketer, is not required to register if it provides less than $100,000 worth of goods or services, or both, to any internet gaming/sports betting operator (operator) or internet gaming/sports betting platform provider (platform provider) in connection with its Michigan operation in a calendar year.

An advertiser, who is not an affiliate marketer, must register as a vendor if it provides more than $100,000 worth of goods or services, or both, to any operator or platform provider in connection with its Michigan operation in a calendar year. This applies to media buying agents and advertisers who have contractual relationships with an operator or platform provider. This does not apply to media outlets and other advertisers providing goods or services through a media buying agent registered with the Board.