RULES AND REGULATIONS
Title 58—RECREATION
PENNSYLVANIA GAMING CONTROL BOARD
[ 58 PA. CODE CHS. 810, 813 AND 817 ]
Interactive Gaming Game Testing and Controls; Advertisements, Promotions and Tournaments; Live Studio; Temporary Regulations
[48 Pa.B. 2550]
[Saturday, April 28, 2018]The Pennsylvania Gaming Control Board (Board), under its specific authority in 4 Pa.C.S. § 13B03(b) (relating to regulations) and the general authority in 4 Pa.C.S. § 1202(b)(30) (relating to general and specific powers), adds the rules regarding interactive game testing and controls, advertising, promotions and tournaments, and live studio in connection with interactive gaming in this Commonwealth to read as set forth in Annex A.
Purpose of this Temporary Rulemaking
This temporary rulemaking includes rules to ensure the integrity and security of interactive games, including livestudio games, offered in this Commonwealth, and the fairness and transparency of advertising, promotions and tournaments associated with interactive gaming in this Commonwealth.
Explanation of Chapter 810, 813 and 817
Chapter 810 (relating to interactive gaming testing and controls—temporary regulations) address the standards all interactive games must meet to be operational in this Commonwealth. These temporary regulations also delineate the requirements for submission of games for review and approval, interactive game standards relative to fairness and screen display.
Chapter 813 (relating to interactive gaming advertisements, promotions and tournaments—temporary regulations) addresses the standards for review, submission and approval of all advertisements, promotions and tournaments offered by interactive gaming certificate holders and operators in this Commonwealth.
Chapter 817 (relating to interactive gaming live studio—temporary regulations) addresses the standards and rules relative to live studio interactive gaming in this Commonwealth.
Affected Parties
An entity that operates interactive gaming in this Commonwealth and an entity or individual that will interact with or participate in interactive gaming operations in this Commonwealth will be affected by this temporary rulemaking. This temporary rulemaking provides interested parties information relative to interactive game testing and control, including live studio gaming, as well as advertisements, promotions and tournaments associated with interactive gaming in this Commonwealth.
Fiscal Impact
Commonwealth
The Board expects that this temporary rulemaking will have minimal fiscal impact on the Board and other Commonwealth agencies. Impact should be confined to the additional personnel and expenses related to implementing these rules as well as continued oversight of expanded gaming with portions of these costs absorbed by existing Board staff.
Political subdivisions
This temporary rulemaking will not have direct fiscal impact on political subdivisions of this Commonwealth. Host municipalities and counties benefit from the local share funding mandated by the act of January 7, 2010 (P.L. 1, No. 1).
Private Sector
This temporary rulemaking includes rules regarding interactive game testing and controls, including live studio gaming, as well as standards for review, submission and approval of all advertisements, promotions and tournaments offered by interactive gaming certificate holders and operators in this Commonwealth. It is anticipated that this temporary rulemaking will have an impact on those individuals seeking to operate interactive gaming in this Commonwealth as well as those individuals and entities affiliated with the operation of interactive gaming in this Commonwealth. The fiscal impact to these parties will be offset by revenues collected through the play of interactive games.
General public
This temporary rulemaking will not have direct fiscal impact on the general public.
Paperwork requirements
Interactive gaming certificate holders, interactive gaming operators, and individuals and entities providing services to those entities in connection with interactive gaming operations will be required to generate and maintain various types of information relative to the testing and control of interactive games, including records on game outcomes. Interactive gaming certificate holders, interactive gaming operators, and individuals and entities providing services to those entities in connection with interactive gaming operations will be required to draft, maintain and submit documents related to advertisements, promotions and tournaments associated with interactive gaming in this Commonwealth.
Effective Date
This temporary rulemaking will become effective upon publication in the Pennsylvania Bulletin and expires 2 years after publication.
Public Comments
While this temporary rulemaking will be effective upon publication, the Board is seeking comments from the public and affected parties as to how these temporary regulations might be improved.
Interested persons are invited to submit written comments, suggestions or objections regarding this temporary rulemaking within 30 days after the date of publication in the Pennsylvania Bulletin to Laura R. Burd, Senior Counsel, Pennsylvania Gaming Control Board, P.O. Box 69060, Harrisburg, PA 17106-9060, Attention: Public Comment on Regulation # 125-214.
Contact Person
The contact person for questions about this temporary rulemaking is Laura R. Burd, Senior Counsel, (717) 346-8300.
Regulatory Review
Under 4 Pa.C.S. § 13B03, the Board has the authority to promulgate temporary regulations to facilitate the prompt implementation of interactive gaming in this Commonwealth. The temporary regulations adopted by the Board are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), known as the Commonwealth Documents Law, the Regulatory Review Act (71 P.S. §§ 745.1—745.14) and section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)). Under 4 Pa.C.S. § 13B03(c), these temporary regulations expire 2 years after publication in the Pennsylvania Bulletin.
Findings
The Board finds that:
(1) Under 4 Pa.C.S. § 13B03, the temporary regulations are exempt from the requirements of the Regulatory Review Act, sections 201—205 of the Commonwealth Documents Law and section 204(b) of the Commonwealth Attorneys Act.
(2) The adoption of the temporary regulations is necessary and appropriate for the administration and enforcement of 4 Pa.C.S. Part II (relating to Pennsylvania Race Horse Development and Gaming Act).
Order
The Board, acting under 4 Pa.C.S. Part II, orders that:
(1) The regulations of the Board, 58 Pa. Code, are amended by adding temporary §§ 810.1—810.13, 813.1—813.5 and 817.1 to read as set forth in Annex A.
(2) The temporary regulations will be posted on the Board's web site.
(3) The temporary regulations are subject to amendment as deemed necessary by the Board.
(4) The Chairperson of the Board has certified this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(5) These temporary regulations are effective upon publication in the Pennsylvania Bulletin and expire on April 28, 2020.
DAVID M. BARASCH,
ChairpersonFiscal Note: 125-214. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 58. RECREATION
PART VII. GAMING CONTROL BOARD
Subpart L. INTERACTIVE GAMING
CHAPTER 810. INTERACTIVE GAMING TESTING AND CONTROLS—TEMPORARY REGULATIONS Sec.
810.1. Scope. 810.2. Definitions. 810.3. Minimum game standards. 810.4. Minimum display standards. 810.5. Random number generator standards. 810.6. Software authentication. 810.7. Changes to game. 810.8. Game rules. 810.9. Submission of game rules for approval. 810.10. Fairness. 810.11. Prohibitions. 810.12. Controls. 810.13. Test accounts. § 810.1. Scope.
To ensure players are not exposed to unnecessary security risks by choosing to participate in interactive gaming in this Commonwealth and to ensure the integrity and security of interactive gaming operations in this Commonwealth, this chapter applies to all games an interactive gaming certificate holder or interactive gaming operator licensee seeks to offer to players in this Commonwealth.
§ 810.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Artwork or art—Graphical and auditory information that is sent to the player device for presentation to the player.
Game cycle—The finite set of all possible combinations.
Player interface—The interface within the software in which the player interacts. The term is also referred to as the gaming window.
Progressive jackpot—
(i) An increasing prize based on a function of credits that are wagered.
(ii) A monetary prize that increases in value based on a function of credits wagered.
(iii) The term includes prizes that are awarded based on criteria other than obtaining winning outcomes in the game, such as mystery progressives.
§ 810.3. Minimum game standards.
All of the following requirements apply to the game information, artwork, paytables and help screens which include all written, graphical and auditory information provided to the player either directly from the game interface or from a page accessible to the player from the game interface through a hyperlink located in a conspicuous location.
(1) All statements and graphics within the gaming information, artwork, paytables and help screens must be accurate and not misleading.
(2) All game rules and paytable information must be available to the player directly on the player interface or accessible from the player interface through a hyperlink without the need for funds to be deposited or funds to be staked.
(3) All game rules and paytable information must be sufficient to explain all the applicable rules and how to participate in all stages of the game.
(4) Paytable information must include all possible winning outcomes, patterns, rankings and combinations, and their corresponding payouts with a designated denomination or currency. All displayed payouts must be theoretically possible.
(5) The rules of the game must inform the players of the imperfections of the communications medium for the game and how this affects them.
(6) There must be sufficient information regarding any award payout adjustments such as fees, rakes, commissions, and the like.
(7) If the artwork contains game instructions specifying a maximum win then it must be possible to win this amount from a single game (including features or other game options).
(8) For games that offer bonus bets that require a base game bet, the minimum percentage return to player of the bonus bet must take into account that a base game bet must be placed.
(9) If random/mystery prizes are offered, the maximum value obtainable from the random/mystery prize must be indicated. If the value of the random/mystery prize depends on credits wagered or any other factors, this must be stated.
(10) The artwork should clearly state the rules for payments of prizes when multiple wins are possible.
(i) A description of what combinations will be paid when a pay line may be interpreted to have more than one individual winning combination (''only highest paid win per line'').
(ii) When the game supports multiple pay lines, the artwork should display a message indicating wins on different pay lines are added or equivalent.
(iii) When the game supports scatters, artwork should display a message indicating that scattered wins are added to pay line wins, or equivalent, if this is the rule of the game.
(iv) The artwork should clearly communicate the treatment of coinciding scattered wins with respect to other possible scattered wins. For example, the artwork should state whether combinations of scattered symbols pay all possible prizes or only the highest prize.
(v) The artwork should clearly communicate the treatment of coinciding game outcome (that is, straight flush can be a flush and a straight, three red 7s can be any three 7s).
(11) If it is possible to bet on multiple lines and it is not clear which reel positions are part of each of the possible lines, then the additional lines must be clearly displayed on the artwork and appropriately labeled. The additional lines must either be shown on the displayed artwork, be available for display on a help screen or permanently displayed on all game-play screens in a location separate from the actual reels.
(12) When multiplier instructions are displayed on artwork, there must be no question as to whether the multiplier applies.
(13) All game symbols and objects must be clearly displayed to the player and not be misleading in any way. Game symbols and objects must retain their shape throughout all artwork, except while animation is in progress.
(14) The artwork must clearly state which symbols and objects may act as a substitute or wild and in which winning combinations the substitute/wild may be applied.
(15) The artwork must clearly state which symbols and objects may act as scatter and in which winning combinations the scatter may be applied.
(16) The game may not advertise upcoming wins unless the advertisement is accurate and mathematically demonstrable.
(17) All of the following requirements apply to games depicting cards being drawn from a deck:
(i) A game which utilizes multiple decks of cards must clearly indicate the number of cards and card decks in play.
(ii) Once removed from the deck, cards may not be returned to the deck except as provided by the rules of the game depicted.
(iii) The deck may not be reshuffled except as provided by the rules of the game depicted.
(18) All of the following requirements apply to multiwager games:
(i) Each individual wager to be played must be clearly indicated to inform the player as to which wagers have been made and the credits bet per wager.
(ii) Each winning prize obtained must be displayed to the player in a way that clearly associates the prices to the appropriate wager. When there are wins associated with multiple wagers, each winning wager must be indicated in turn.
§ 810.4. Minimum display standards.
All of the following game information must be visible or easily accessible to the player at all times during a player session:
(1) The name of the game being played.
(2) Restrictions on play or betting such as any play duration limits, maximum win values, and the like.
(3) The player's current session balance.
(4) The current bet amount. This is only during the phase of the game when the player can add to or place additional bets for that phase.
(5) Current placement of all bets.
(6) The denomination of the bet.
(7) The amount won for the last completed game (until the next game starts or betting options are modified).
(8) The player options selected for the last completed game (until the next game starts or a new selection is made).
(9) Initial player section options are to be described. Player selection options once the game has commenced should be clearly shown on the screen.
(10) The winning amount for each separate wager and total winning amount are to be displayed on the screen.
§ 810.5. Random number generator standards.
(a) The random number generator must be cryptographically strong at the time of submission for approval. When more than one instance of a random number generator is used in an interactive gaming system, each instance must be separately evaluated and certified. When each instance is identical, but involves a different implementation within a game/application, each implementation shall also be separately evaluated and certified. Any outcomes from the random number generator used for game symbol selection/game outcome determination must be shown, by data analysis and a source code read, to:
(1) Be statistically independent.
(2) Be fairly distributed (within statistically expected bounds) over their range.
(3) Pass various recognized statistical tests.
(4) Be cryptographically strong.
(b) Random number generators must adhere to standards in § 461a.7 (relating to slot machine minimum design standards).
(c) The gaming laboratory may employ the use of various recognized tests to determine whether or not the random values produced by the random number generator pass the desired confidence level of 95%. These tests include the following:
(1) Chi-square test.
(2) Equi-distribution (frequency) test.
(3) Gap test.
(4) Overlaps test.
(5) Poker test.
(6) Coupon collectors test.
(7) Permutation test.
(8) Kolmogorov-Smirnov test.
(9) Adjacency criterion tests.
(10) Order statistic test.
(11) Runs tests (patterns of occurrences should not be recurrent).
(12) Interplay correlation test.
(13) Serial correlation test potency and degree of serial correlation (outcomes should be independent of the previous game).
(14) Tests on subsequences.
(15) Poisson distribution.
(d) The scaling method may not compromise the cryptographic strength of the random number generator. The scaling method must preserve the distribution of the scaled values. For example, if a 32-bit random number generator with a range of the set of integers in the closed interval [0, 232-1] were to be scaled to the range of the set of integers in the closed interval [1, 6] so that the scaled values can be used to simulate the roll of a standard six-sided die, then each integer in the scaled range should theoretically appear with equal frequency. In the example given, if the theoretical frequency for each value is not equal, then the scaling method is considered to have a bias. Thus, a compliant scaling method must have bias equal to zero.
(e) If the interactive gaming system utilizes hard-based random number generators, there must be dynamic/active, real-time monitoring of the output with a sample size large enough to allow for reasonably high statistically powerful testing so that game play is disabled when an output testing failure is detected.
(f) If the interactive gaming system utilizes a software-based random number generator, it must adhere to all of the following:
(1) The period of the random number generator, in conjunction with the methods of implementing the random number generator outcomes, must be sufficiently large to ensure that all game independent outcome combinations/permutations are possible for the given game/application.
(2) The methods of seeding/re-seeding must ensure that all seed values are determined in a manner that does not compromise the cryptographic security of the random number generator.
(3) To ensure that random number generator outcomes cannot be predicted, adequate background cycling/activity must be implemented in between games. Whenever a game outcome is made up of multiple mapped random number generator values, background cycling/activity must be implemented during the game (that is, in between the selection of each mapped random number generator value) to ensure that the game outcome is not comprised of sequential mapped random number generator outcomes. The rate of background cycling/activity must be sufficiently random in and of itself to prevent prediction.
§ 810.6. Software authentication.
The acquisition and development of new software must follow defined processes in accordance with the information security policy.
(1) The production environment must be logically and physically separated from the development and test environments.
(2) Development staff shall be precluded from having access to promote code changes into the production environment.
(3) There must be a documented method to verify that test software is not deployed to the production environment.
(4) To prevent leakage of personally identifiable information, there must be a documented method to ensure that raw production data is not used in testing.
(5) All documentation relating to software and application development should be available and retained for the duration of its lifecycle.
§ 810.7. Changes to game.
A change or modification to an interactive game which impacts a regulated feature of an approved game, unless otherwise permitted by the Board, requires submission to and approval by the Board or its designee prior to implementation of the change or modification.
§ 810.8. Game rules.
(a) Interactive gaming certificate holders and interactive gaming operator licensees shall adopt and adhere to written, comprehensive house rules governing wagering transactions by and between authorized players that are available for review at all times by players through a conspicuously displayed link. House rules must include all of the following:
(1) Clear and concise explanation of all fees.
(2) The rules of play of a game.
(3) Any monetary wagering limits.
(4) Any time limits pertaining to the play of a game.
(b) House rules must be approved by the Board.
(c) House rules that deviate from Board regulations shall be submitted to the Board's Office of Gaming Laboratories for review and approval prior to submission to the Board for approval prior to implementation.
§ 810.9. Submission of game rules for approval.
(a) Prior to offering a table game authorized under this subpart governing interactive gaming in this Commonwealth, the interactive gaming certificate holder or interactive gaming operator licensee shall submit and obtain approval of a Rules Submission which specifies which options the interactive gaming certificate holder or interactive gaming operator will use in the conduct of the table game.
(b) The initial Rules Submission for any interactive game and any amendment to the Rules Submission shall be submitted electronically to the Bureau of Gaming Operations using the form specified on the Board's web site at www.gamingcontrolboard.pa.gov.
(c) An interactive gaming certificate holder or interactive gaming operator licensee may implement the provisions in a Rules Submission upon receipt of written notice of approval from the Board's Executive Director or on the 15th calendar day following the filing of the Rules Submission unless the interactive gaming certificate holder or interactive gaming operator licensee receives written notice under subsection (d) tolling the Rules Submission or written notice of disapproval from the Board's Executive Director.
(d) If during the 15-day review period in subsection (c) the Bureau of Gaming Operations determines that a provision in the Rules Submission is inconsistent with the regulations for the conduct of that interactive game, the Bureau of Gaming Operations, by written notice to the interactive gaming certificate holder or interactive gaming operator licensee, will:
(1) Specify the nature of the inconsistency and, when possible, an acceptable alternative procedure.
(2) Direct that the 15 calendar day review period in subsection (c) be tolled and that the Rules Submission not be implemented until approved under subsection (e).
(e) When a Rules Submission has been tolled under subsection (d), the interactive gaming certificate holder or interactive gaming operator licensee may submit a revised Rules Submission within 15 days of receipt of the written notice from the Bureau of Gaming Operations. The interactive gaming certificate holder or interactive gaming operator licensee may implement the revised Rules Submission upon receipt of written notice of approval from the Board's Executive Director or on the 15th calendar day following the filing of the revised Rule Submission unless the interactive gaming certificate holder or interactive gaming operator licensee receives written notice under subsection (d) tolling the revised Rules Submission or written notice of disapproval from the Board's Executive Director.
(f) The current version of each Rules Submission of an interactive gaming certificate holder or interactive gaming operator licensee shall be maintained and made available in electronic form through secure computer access to the internal audit and surveillance departments of the interactive gaming certificate holder or interactive gaming operator licensee and the Board's casino compliance representatives and other Board employees. Each page of the Rules Submission must indicate the date on which it was approved by the Board's Executive Director.
(g) An interactives gaming certificate holder or interactive gaming operator licensee shall maintain a copy, either in paper or electronic form, of any superseded Rules Submission for a minimum of 5 years.
§ 810.10. Fairness.
(a) All critical functions including the generation of the result of any game (and the return to the player) must be generated by the interactive gaming platform and be independent of the player device. All of the following also apply:
(1) Game outcome may not be affected by the effective bandwidth, link utilization, bit error rate or other characteristic of the communications channel between the interactive gaming platform and the player device.
(2) Determination of events of chance that result in a monetary award may not be influenced, affected or controlled by anything other than numerical values derived in an approved manner from the certified random number generator when applicable and in conjunction with the rules of the game.
(3) Each possible permutation or combination of game elements that produces winning or losing game outcomes must be available for random selection at the initiation of each play, unless otherwise denoted by the game.
(4) As game symbols are selected/game outcomes are determined, they must be immediately used as directed by the rules of the game.
(5) When the game requires a sequence or mapping of symbols or outcomes to be set up in advance, the symbols or outcomes should not be resequenced or remapped, except as provided for in the rules of the game.
(6) After selection of the game outcome, the game may not make a variable secondary decision which affects the result shown to the player.
(7) Except as provided by the rules of the game, events of chance within games should be independent and not correlated with any other events within the game or events within the previous game.
(8) For game types such as a spinning reel game, unless otherwise disclosed to the player, the mathematical probability of a symbol appearing in a position for any game outcome must be constant.
(b) A game may not be designed to give the player a false expectation of better odds by misrepresenting any occurrence or event.
(1) Games that are designed to give the player the perception that they have control over the game due to player skill when they actually do not must fully address this behavior in the game help screens.
(2) The final outcome of each game must be displayed for a sufficient length of time that permits a player to verify the outcome of the game.
§ 810.11. Prohibitions.
(a) Forced game play.
(1) The player may not be forced to play a game just by selecting that game.
(2) It must be possible to start a new game in the same player interface instance before all relevant meters have been updated on the interactive game system and all other relevant connections and player session balance or, if applicable, the player's total balance has been updated.
(3) If an auto play mode is incorporated, it must be possible to turn this mode off at any time during game play.
(b) Bots and computerized players. Bots or computerized players are only permitted when employed by the interactive gaming system in free play or training mode, or if use of the bot or computerized player satisfies all of the following:
(1) The use of artificial intelligence software must be clearly explained in the help menus.
(2) All computerized players must be clearly marked at the tables so that players are aware of which players are not human.
(c) Incomplete games. A game is incomplete when the game outcome remains unresolved or the outcome cannot be properly seen by the player.
(1) The interactive gaming certificate holder or interactive gaming operator licensee may provide a mechanism for a player to complete an incomplete game.
(2) Incomplete games shall be resolved before a player is permitted to participate in another instance of the same game.
(3) Wagers associated with an incomplete game must be voided within 24 hours and the wagers can be forfeited or returned to the player provided that:
(i) The terms and conditions or the game rules, or both, must clearly define how wagers will be handled when they remain undecided beyond the specified time period and the interactive gaming system must be capable of returning or forfeiting the wagers, as appropriate.
(ii) In the event that a game cannot be continued due to an interactive gaming system action, all wagers must be returned to the players of that game.
(d) Auto play prohibited. Game play shall be initiated only after a patron has affirmatively placed a wager and activated play. An auto play feature is not permitted in game software unless authorized by the Board.
§ 810.12. Controls.
(a) A replay last game feature either as a re-enactment or by description must be available to players. The replay must clearly indicate that it is a replay of the entire previous game cycle, and must provide, at a minimum, all of the following information:
(1) The date and time the game started or ended, or both.
(2) The display associated with the final outcome of the game, either graphically or by a clear text message.
(3) Total player cash/credits at start or end of play, or both.
(4) Total amount bet.
(5) Total cash/credits won for the prize (including progressive jackpots).
(6) The results of any player choices involved in the game outcome.
(7) Results of any intermediate game phases, such as gambles or feature games.
(8) Amount of any promotional awards received, if applicable.
(b) For each individual game played, all of the following information must be recorded, maintained and easily demonstrable by the interactive gaming system:
(1) Unique player ID.
(2) Contributions to progressive jackpot pools, if applicable.
(3) Game status (in progress, complete, and the like).
(4) The table number, if applicable, at which the game was played.
(5) The paytable used.
(6) Game identifier and version.
(c) An organized event that permits a player to either purchase or be awarded the opportunity to engage in competitive play against other players may be permitted providing all of the following rules are met:
(1) While enabled for tournament play, a game may not accept real money from any source, nor pay out real money in any way, but must utilize tournament specific credits, points or chips which have no cash value.
(2) Interactive gaming contest/tournament rules are available to a player on the web site where the interactive gaming contest/tournament is being conducted. The rules must include, at a minimum, all of the following:
(i) All conditions players shall meet to qualify for entry into and advancement through the contest/tournament.
(ii) Any conditions concerning late arrivals or complete tournament no-shows and how auto-blind posting or initial entry purchase, or both, is handled.
(iii) Specific information pertaining to any single contest/tournament, including the amount of money placed in the prize pool.
(iv) The distribution of funds based on specific outcomes.
(v) The name of the organization or person that conducted the contest/tournament on behalf of, or in conjunction with, the operator, if applicable.
(3) The results of each contest/tournament shall be made available on the interactive gaming web site for the players to review. Subsequent to being posted on the web site, the results of each contest/tournament shall be available upon request. The recording must include all of the following:
(i) Name of the event.
(ii) Date of event.
(iii) Total number of entries.
(iv) Amount of entry fees.
(v) Total prize pool.
(vi) Amount paid for each winning category.
(d) All of the following requirements apply to the disabling and re-enabling of gambling on the interactive gaming system:
(1) The interactive gaming system must be able to disable or enable all gambling on command.
(2) When any gambling is disabled or enabled on the interactive gaming system an entry must be made in an audit log that includes the reason for any disable or enable.
(e) When a game or gaming activity is disabled:
(1) The game is not to be accessible to a player once the player's game has fully concluded.
(2) The player should be permitted to conclude the game in play (that is, bonus rounds, double up/gamble and other game features related to the initial game wager should be fully concluded).
(3) If wagers have been placed on pending real-life events:
(i) The terms and conditions must clearly define what happens to the wagers if the gaming activity is to remain disabled and the corresponding real-life event is completed, and the interactive gaming system must be capable of returning all bets to the players or settling all bets, as appropriate.
(ii) The terms and conditions must clearly define what happens to the wagers if the gaming activity is to re-enable before the corresponding real-life event is completed, and the interactive gaming system must be capable of returning all bets to the players, or leaving all bets active, as appropriate.
(f) When one or more feature/bonus prize may be paid to the player, the bonus game must be part of the overall paytable theoretical return to player.
(g) All progressive jackpots must adhere to all of the following:
(1) All players that play progressive jackpot games must be made aware of actions which would make them eligible to win the progressive jackpot.
(2) When progressive jackpot contributions are part of the return to player calculation, the contributions may not be assimilated into revenue. If a cap is established on any progressive jackpot all additional contributions once that cap is reached are to be credited to a diversion pool.
(3) The rules of the game must incorporate how the progressive jackpot is funded and determined.
(4) If a minimum bet amount exists for a player to win a progressive jackpot, then the return to player (excluding the progressive jackpot) must meet the minimum player return. The calculation of the theoretical payout percentage may not include the amount of any progressive jackpot in excess of the initial reset amount.
(5) The current progressive jackpot amount should be displayed on all player devices participating in the progressive jackpot. This display should be updated on all participating player devices at least every 30 seconds.
(6) The rules of the game must inform the players of any maximum awards or time limits, or both, which may exist for each progressive jackpot.
(7) For progressive jackpots offering multiple levels of awards, the player must always be paid the higher amount if a particular combination is won that should trigger the higher paying award. This may occur when a winning combination may be evaluated as more than one of the available paytable combinations (that is, a flush is a form of a straight flush and a straight flush is a form of a royal flush). There may be situations when the progressive jackpot levels must be swapped to ensure the player is being awarded the highest possible value based on all combinations the outcome may be defined as.
(8) If multiple progressive jackpots occur at approximately the same time and there is no definitive way of knowing which jackpot occurred first, the operator shall adopt procedures, approved by the Board, for resolution. The rules of the game must include information which addresses the resolution of this possibility.
§ 810.13. Test accounts.
(a) Interactive gaming certificate holders and interactive gaming operator licensees may establish test accounts to be used to test the various components and operation of an interactive gaming system in accordance with internal controls, which, at a minimum, address all of the following:
(1) The procedures for the issuance of funds used for testing, including the identification of who is authorized to issue the funds and the maximum amount of funds that may be issued.
(2) The procedures for assigning each test account for use by only one person.
(3) The maintenance of a record for all test accounts to include when they are active, to whom they are issued and the employer of the person to whom they are issued.
(4) The procedures for the auditing of testing activity by the interactive gaming certificate holder or interactive gaming operator licensee to ensure the accountability of funds used for testing and proper adjustments to gross interactive gaming revenue.
(5) The ability to withdraw funds from a test account without the Board's prior approval must be disabled by the interactive gaming system.
(6) For testing of peer-to-peer games:
(i) A person may utilize multiple test accounts.
(ii) Test account play shall be conducted without the participation of players.
(b) In addition to the required internal controls in subsection (a)(1)—(6), for any wagering on test accounts conducted outside the boundaries of this Commonwealth, the procedures for auditing of testing activity must include the method for ascertaining the location from which persons using test accounts access the interactive gaming system.
CHAPTER 813. INTERACTIVE GAMING ADVERTISEMENTS, PROMOTIONS AND TOURNAMENTS—TEMPORARY REGULATIONS Sec.
813.1. Definitions. 813.2. Advertising. 813.3. Promotions. 813.4. Interactive gaming tournaments. 813.5. Record retention and reports. § 813.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Celebrity player—A well-known or professional interactive gaming player who is under agreement with an interactive gaming certificate holder or interactive gaming operator licensee whereby the interactive gaming certificate holder or interactive gaming operator licensee pays the celebrity player a fixed sum to engage in interactive gaming with the certificate holder's players as an advertising or promotional enticement to its customers.
Promotion—An event conducted by an interactive gaming certificate holder or an interactive gaming operator licensee that provides or offers registered or prospective players cash, credits, merchandise, coupons, players club credits, or points, bonuses or anything else of value to entice the player to wager with the interactive gaming certificate holder or interactive gaming operator licensee.
Restricted interactive gaming credit—Interactive gaming funds that cannot be cashed out by the player until the wagering requirements or other restrictions associated with those funds are met in accordance with disclosed terms and conditions.
§ 813.2. Advertising.
(a) Interactive gaming certificate holders and interactive gaming operator licensees shall comply with § 501a.7 (relating to advertising).
(b) Advertising utilized by interactive gaming certificate holders and interactive gaming operator licensees may not:
(1) Consist of indecent or offensive graphics or audio, or both.
(2) Obscure the game play area or obstruct a game in progress.
(3) Contain content that contradicts the game rules or terms and conditions.
(4) Specifically target players which have been excluded from play.
(c) Interactive gaming certificate holders and interactive gaming operator licensees may utilize celebrity or other players to participate in peer-to-peer games for advertising or publicity purposes provided:
(1) The interactive gaming certificate holder or an interactive gaming operator licensee clearly identifies the celebrity player to the players.
(2) The interactive gaming certificate holder or an interactive gaming operator licensee does not realize a profit beyond the rake for hosting the celebrity player.
(3) The interactive gaming certificate holder or an interactive gaming operator licensee shall include winnings by the celebrity player in its gross gaming revenue if the certificate holder or licensee does not permit the celebrity player to retain these funds.
(d) An interactive gaming certificate holder or an interactive gaming operator licensee that contracts with a celebrity player to advertise or promote its services may fund the celebrity player's interactive gaming account in full or in part. The certificate holder or licensee may also pay the celebrity player a one-time or flat fee for his services.
(e) A celebrity player engaged in interactive gaming in this Commonwealth pursuant to an agreement with an interactive gaming certificate holder or an interactive gaming operator licensee for advertising or promotional purposes may or may not utilize his own funds to wager.
§ 813.3. Promotions.
(a) An interactive gaming certificate holder or interactive gaming operator licensee shall, at least 5 days prior to implementing a promotion, submit terms and conditions of each promotion to the Bureau of Gaming Operations. The terms and conditions must include, at a minimum, all of the following:
(1) A description of what is being offered as part of the promotion.
(2) The dates and times that the promotion is being conducted.
(3) The persons who are eligible to participate in the promotion.
(4) The required action to receive whatever is being offered as part of the promotion.
(5) The procedure to claim or redeem the promotional offer, if applicable.
(6) Registration procedures.
(7) Limitations on participation.
(8) Wagering requirements and limitations by type of game.
(9) The order in which funds are used for wagering.
(10) Eligible games.
(11) Any restrictions on the withdrawal of funds.
(12) Rules regarding cancellation.
(13) The statement ''If you or someone you know has a gambling problem, help is available. Call 1-800-GAMBLER.''
(14) Any other information the Board may require.
(b) An interactive gaming certificate holder or an interactive gaming operator licensee shall designate one employee responsible for submitting promotions to the Bureau of Gaming Operations. The designated employee shall provide a signed attestation with the submitted promotion indicating the employee has reviewed the promotion for compliance with Board regulations. The designated employee shall serve as the point of contact between a certificate holder or a licensee and the Board on all submitted promotions.
(c) An interactive gaming certificate holder or interactive gaming operator licensee shall be responsible for the submission of the terms and conditions of promotions and the conduct of all promotions offered directly or indirectly by a third-party vendor or marketing affiliate on behalf of the interactive gaming certificate holder or an interactive gaming operator licensee.
(d) The terms and conditions of all promotions communicated to players must be posted on the interactive gaming certificate holder's home webpage as well as any skins the interactive gaming certificate holder operates or an interactive gaming operator licensee operates on behalf of an interactive gaming certificate holder. The terms and conditions must be stated in a clear and conspicuous manner using plain language and be readily accessible and available for review for the duration of the promotion (even after player accepts a promotion).
(e) An interactive gaming certificate holder or interactive gaming operator licensee shall provide a clear and conspicuous method for a player to cancel his participation in a promotion that utilizes restricted interactive gaming credits. Upon request for cancellation, the interactive gaming certificate holder or interactive gaming operator shall inform the player of the amount of unrestricted funds that will be returned upon cancellation and the value of restricted funds that will be removed from the player's interactive gaming account. If the player elects to proceed with cancellation, unrestricted funds remaining in a player's interactive gaming account must be returned in accordance with the terms and conditions.
(f) An interactive gaming certificate holder or interactive gaming operator licensee may not, once a player has met the terms of a promotion, cap or limit winnings earned while participating in the promotion.
(g) An interactive gaming certificate holder or an interactive gaming operator may be required to discontinue, as expeditiously as possible, the use of a particular promotion upon receipt of written notice from the Bureau of Gaming Operations that the Bureau of Gaming Operations has determined that the use of the particular promotion in, or with respect to, this Commonwealth could adversely impact the public or the integrity of gaming.
(h) An interactive gaming certificate holder or interactive gaming operator licensee may not offer or conduct a promotion which violates any Federal, State or local law.
(i) An interactive gaming certificate holder or an interactive gaming operator shall develop and submit to the Board, as part of the submission required as part of the certificate holder's or licensee's internal controls, procedures governing the conduct of all promotions to be offered by an interactive gaming certificate holder or interactive gaming operator licensee.
§ 813.4. Interactive gaming tournaments.
(a) An organized event that permits a player to purchase or be awarded the opportunity to engage in competitive play against other players (that is, a tournament) may be permitted providing all of the following:
(1) Prior to conducting an interactive gaming tournament, an interactive gaming certificate holder or an interactive gaming operator licensee shall file for approval of the terms and conditions of each interactive gaming tournament type with the Bureau of Gaming Operations as part of the certificate holder's or licensee's internal controls. The terms and conditions shall be followed and include, at a minimum, all of the following:
(i) Game type (for example, hold'em poker).
(ii) Rules concerning tournament play and participation.
(iii) All conditions registered players shall meet to qualify for entry into, and advancement through, the tournament.
(iv) Any conditions concerning late arrivals or complete tournament no-shows and how auto-blind posting or initial entry purchase, or both, is handled.
(v) Funding source amounts comprising the prize pool (for example, buy-ins, re-buys or add-ons).
(vi) Prize structure on payout.
(vii) Methodology for determining win.
(viii) Any other information as the Board may require.
(2) While enabled for tournament play, a game may not accept real money from any source, nor pay out real money in any way, and must utilize tournament specific credits, points or chips which do not have cash value.
(b) The terms and conditions of all interactive gaming tournaments communicated to players shall be posted on the interactive gaming web site and stated in a clear and conspicuous manner using plain language. The terms and conditions of each interactive gaming tournament must be readily accessible and remain available for review by the player until the interactive gaming tournament is complete.
(c) An interactive gaming certificate holder or an interactive gaming operator licensee may be required to discontinue, as expeditiously as possible, an interactive gaming tournament upon receipt of written notice from the Board's Executive Director that the Board's Executive Director has determined that the conduct of an interactive gaming tournament could adversely impact the public or the integrity of gaming.
(d) An interactive gaming certificate holder or an interactive gaming operator licensee shall submit a notice of intent to conduct an interactive gaming tournament at least 5 business days prior to the start of the tournament. The notice shall be submitted electronically to the Bureau of Gaming Operations using the Internal Controls & Table Games Submission Form, which is posted on the Board's web site, and must include all of the following:
(1) The type of game to be played.
(2) The dates and times the tournament will be conducted.
(3) Participation eligibility requirements including all of the following:
(i) Who is eligible to participate.
(ii) The minimum and maximum number of participants.
(iii) Entry fees charged.
(4) The monetary amount or description of the prizes to be awarded.
(5) Any other information as the Board may require.
(e) Submission of a proposed schedule may not require the interactive gaming certificate holder or interactive gaming operator licensee to conduct all tournaments in the schedule.
(f) An interactive gaming certificate holder or interactive gaming operator licensee may seek to amend or modify the schedule at any time by filing a written request with the Board's Executive Director.
(g) An interactive gaming certificate holder or interactive gaming operator licensee shall maintain records related to the conduct of interactive gaming tournaments in accordance with § 465a.6(c) (relating to retention, storage and destruction of books, records and documents). These records shall be made available to Board staff and the Department upon request and must include all of the following:
(1) A full accounting of gross interactive gaming revenue for each tournament including cash received as entry fees and the total of cash or cash equivalents paid out to registered players.
(2) The names and addresses of all prize winners and the prize each winner was awarded.
§ 813.5. Record retention and reports.
(a) Unless otherwise approved by the Board, a record of all bonus and promotional wagering offers related to interactive gaming shall be maintained in an electronic file that is readily available to the Board. All bonus and promotional wagering offers must be stated in clear and unambiguous terms and be readily accessible by the patron.
(b) Unless otherwise exempted by the Board, a gaming system must record all promotional offers (Promotions Log) issued through the system. The log must provide the information necessary to audit compliance with the terms and conditions of current and previous offers.
(c) An interactive gaming system must be able to provide a Promotional Account Summary Report (or similarly named report) on demand for any player loyalty promotions or bonuses, or both, that are redeemable for cash, monetary game play credits or merchandise. The report must contain, at a minimum, all of the following information:
(1) Beginning balance for promotion type.
(2) Total amount of awards by promotion type.
(3) Total amount used by promotion type.
(4) Total amount expired by promotion type.
(5) Total adjustment amount by promotion type.
(6) Ending balance by promotion type.
CHAPTER 817. INTERACTIVE GAMING LIVE STUDIO—TEMPORARY REGULATIONS Sec.
817.1. Live studio simulcasting. § 817.1. Live studio simulcasting.
(a) An interactive gaming certificate holder or interactive gaming operator licensee shall obtain Board approval to simulcast authorized table games.
(b) An interactive gaming certificate holder or interactive gaming operator licensee shall obtain Board approval for the location of its proposed live simulcast studio.
(c) An entity producing, hosting, offering or otherwise providing live studio services shall be licensed by the Board prior to providing live studio services.
(d) An interactive gaming certificate holder or interactive gaming operator licensee seeking to offer live studio simulcasting, as well as the entity producing, hosting, offering or otherwise providing live studio services, shall adhere to § 465a.9 (relating to surveillance system; surveillance department control; surveillance department restrictions), Chapter 611a (relating to table game minimum training standards) and game approval as set forth in this chapter.
(e) Table game simulcasting must utilize a simulcast control server for the purpose of recording all wagering activity and game results. The simulcast control server must do all of the following:
(1) Provide the player with real time visual access to the live game being played.
(2) Prevent anyone from accessing the wagering outcome prior to finalizing a wager.
(3) Record dealer-verified game results before posting.
(4) Be equipped with a mechanism to void game results, if necessary.
(f) All of the following information, at a minimum, must be readily available on an interactive gaming certificate holder's or interactive gaming operator's skin/web site before a player begins play and at all times during play:
(1) The table number and location.
(2) The table minimum and maximum wagers.
(3) The number of decks used, if applicable.
(4) Dealer actions, if applicable.
(5) The amount wagered.
(6) The game outcome.
(7) Vigorish amount, if applicable.
(8) Payout odds, when applicable.
(9) The amount won or lost.
[Pa.B. Doc. No. 18-669. Filed for public inspection April 27, 2018, 9:00 a.m.]
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