Abandoned advance deposit wagering account

"Abandoned advance deposit wagering account" means an advance deposit wagering account where there has been no activity by the account holder for three (3) years.

Account

"Account" means an account for advance deposit wagering with a specific identifiable record of credits, debits, deposits, wagers, and withdrawals established by an account holder and managed by the advance deposit wagering operator.

Account applicant

:Account applicant" means a natural person who has submitted an account application to an advance deposit wagering operator.

Account Application

"Account application" means the form or forms approved by the board for establishment of an account.

Account holder

"Account holder" means a natural person who successfully completed an account application and for whom the advance deposit wagering operator has opened an account.

Account wagering provider

"Account wagering provider" has the same meaning as set forth in 8 M.R.S. § 1001 (1- C).

Advance deposit wagering

"Advance deposit wagering" has the same meaning forth in 8 M.R.S.A. §1001 (1- A).

Advance deposit wagering facility

"Advance deposit wagering facility" means the actual location, equipment, and staff of an advance deposit wagering operator involved in the management, servicing and operation of advance deposit wagering.

Advance deposit wagering licensee

"Advance deposit wagering licensee" means a person licensed by the Board pursuant to Subchapter 7 of 8 M.R.S. Chapter 31 to conduct advance deposit wagering.

Advance deposit wagering operator

"Advance deposit wagering operator" means those persons or entities licensed by the Board with the authority to operate as approved by the Board, including, but not limited to, establishing and closing accounts, accepting deposits and wagers, issuing a receipt or other confirmation to the account holder evidencing such deposits and wagers, and transferring credits and debits to and from accounts.

Associated equipment

"Associated equipment" means any mechanical, electromechanical or electronic component part or machine that is used, or intended for use, in a slot machine or table game and that affects the outcome of the game or that is involved in the handling of money, tokens, credits or similar objects or things of value used to play a slot machine or table game or the calculation of or distribution of payoffs of the slot machine or table game.

Board

"Board" means the Maine State Gambling Control Board created by 8 M.R.S. § 1002, or its designee.

Business organization

"Business organization" means a partnership, incorporated or unincorporated association, firm, corporation, limited liability company, trust or other form of business or legal entity other than a financial institution regulated by a state or federal agency that is not exercising control over a licensee.

Commercial Track

"Commercial track' has the same meaning as set forth in section 275‑A, subsection 1.

Confidential information 

"Confidential information" includes:

 A. The amount of money credited to, debited from, withdrawn from, or present in any particular account holder's account;

 B. The amount of money wagered by a particular account holder on any race or series of races;

 C. The account number and secure personal identification code of a particular account holder;

 D. The identities of particular entries on which the account holder is wagering or has wagered; and

 E. Unless otherwise authorized by the account holder, the name, address, Social Security number in whole or in part and other information obtained in the opening of an account or otherwise in the possession of the advance deposit wagering account holder to anyone other than the Board.

Corporation

"Corporation" means a business structure allowed by state statute that is recognized as a separate legal entity distinct from its member.

Credits

"Credits" means all positive inflow of money to an account.

Debits

"Debits" means all negative outflow of money from an account.

Deposit

"Deposit" means a payment of money by cash, check, money order, credit card, debit card, or electronic funds transfer made by an account holder to the account holder's account.

Gross advance deposit wagering

"Gross advance deposit wagering" has the same meaning as set forth 8 M.R.S. § 1001 (20-A).

Facility operator

"Facility operator" means a facility sports wagering license under section 1206 to conduct sports wagering in which wagers are placed within a physical location in this State

Free bet

“Free bet” means a bet made by patrons using non-cashable vouchers, coupons, electronic credits or electronic promotions provided by sports wagering operators.

Geolocation system

“Geolocation system” means a process or system to detect the physical, geographical location of a patron when said patron is attempting to access the wagering system and place a wager.

Incompatible function

"Incompatible function" means a function for accounting control purposes that places any person or department in a position to both perpetrate and conceal errors or irregularities in the normal course of his/her duties. Anyone recording transactions and having access to assets ordinarily is in a position to perpetrate errors or irregularities. Persons shall be deemed to have incompatible functions if such persons are members of departments that have supervisors not independent of each other.

Institutional investor

"Institutional investor" means (a) a bank as defined in Section 3(a)(6) of the Federal Securities Exchange Act; (b) an insurance company as defined in Section 2(a)(17) of the Investment Company Act of 1940, as amended; (c) an investment company registered under Section 8 of the Investment Company Act of 1940, as amended; (d) an investment advisor registered under Section 203 of the Investment Advisors Act of 1940, as amended; (e) collective trust funds as defined in Section 3(c)(11) of the Investment Company Act of 1940, amended (f) an employee benefit plan or pension fund that is subject to the Employee Retirement Income Security Act of 1974, as amended, excluding an employee benefit plan or pension fund sponsored by a publicly traded corporation affiliated with a operator; (g) a state or federal government pension plan; (h) a group comprised entirely of persons specified in (a) through (g); or (i) such other persons as the Director may determine for reasons consistent with the public policies of the State of Main

Integrity monitoring provider or system

"Integrity monitoring provider or system" means an independent individual, entity or system licensed or approved by the Director through which an operator identifies and reports suspicious wagering activity.

Internal controls

“Internal controls" mean the internal procedures, administration, and accounting controls designed by the operator to conduct sports wagering operations.

Key personnel

"Key personnel" has the same meaning as set forth in 8 M.R.S. §1204 (2)C. Key personnel of an applicant or licensee, including any executive, employee or agent, having the power to exercise significant influence over decisions concerning any part of the applicant's or licensee's relevant business operation.

Layoff wager

"Layoff wager" means a wager placed by a facility operator with another facility operator for the purpose of offsetting patron wagers made pursuant to these sports wagering rules.

License

"License" means any license applied for or issued by the director under this chapter, including, but not limited to:  

A.   A facility sports wagering license under section 1206 to conduct sports wagering in which wagers are placed within a physical location in this State;   [PL 2021, c. 681, Pt. J, §6 (NEW).]

B.   A mobile sports wagering license under section 1207 to permit a mobile operator to operate sports wagering through an approved mobile application or other digital platform that involves, at least in part, the use of the Internet;   [PL 2021, c. 681, Pt. J, §6 (NEW).]

C.   A supplier license under section 1208 to sell goods and services to be used in connection with sports wagering, but not to directly accept wagers;   [PL 2021, c. 681, Pt. J, §6 (NEW).]

D.   A management services license under section 1209 to manage sports wagering on behalf of a facility sports wagering licensee or a mobile sports wagering licensee; and   [PL 2021, c. 681, Pt. J, §6 (NEW).]

E.   An occupational license under section 1210 to be employed by a facility sports wagering licensee or a mobile sports wagering licensee to operate sports wagering when the employee performs duties in furtherance of or associated with the operation of sports wagering.   [PL 2021, c. 681, Pt. J, §6 (NEW).]

Management services provider

“Management services provider” is a person or entity that has been issued a management services license by the Director consistent with the statutory criteria in 8 M.R.S. §§1209, 1204 and 1205.

Mobile sports wagering

"Mobile sports wagering" means a sports wagering operation in which wagers on sports events are made through computers, mobile devices or other approved interactive devices accepted through a wagering system approved by the Director to operate mobile sports wagering.

Mobile operator

"Mobile operator" means a mobile sports wagering licensee under subsection 7, paragraph B

Multi-factor authentication

"Multi-factor authentication" means a type of authentication that uses two of the following to verify a patron's identity:

A. Information known only to the patron, such as a password, pattern, or answers to challenge questions;

B. An item possessed by a patron such as an electronic token, physical token or an identification card; or

C. A patron's biometric data, such as fingerprints, facial or voice recognition.

Operator

 "Operator" includes a facility operator and a mobile operator

Parlay wager

 "Parlay wager" means a single wager that incorporates two (2) or more   individual bets for purposes of earning a higher payout if each bet   incorporated within the wager wins.

Patron

 "Patron" means a person who is:

  A. Twenty-one (21) years of age or older;

  B. Physically present in the State of Maine when placing a wager:

  C. Not prohibited from placing a wager under the Maine Statute; and

  D. Not a prohibited sports wagering participant.

Patron session

"Patron session" means a period of time when a patron is logged on to a mobile sports wagering system

Person or Persons

''Person" or “Persons" means an individual, a group of individuals, a trust,   corporation, or other business entity.

Pending wager account

"Pending wager account" means the account maintained by a sports wagering system that holds the total balance of all wagers pending disposition and all other funds attributable to future sports events.

Pool

 “Pool” means a wagering or promotional offering where patrons may make   selections of outcomes on a set number of sports events on a card in   order to enter for a chance to win all or a portion of the prize pool.

Prize pool

“Prize pool” means the prizing available for an individual pool.

Professional sports or athletic event

 "Professional sports or athletic event" has the same meaning as set forth in 8   M.R.S. §1202(10), It means an event at which 2 or more  persons participate in sports or athletic contests and receive compensation in  excess of actual expenses for their participation in the event.  

Prohibited sports event

"Prohibited sports event" has the same meaning as set forth in 8 M.R.S.     §1202(11). It means a high school sports or athletic event, any other event in   which a majority of the participants are under 18 years of age or a collegiate sports or athletic event in which any Maine collegiate sports team participates, regardless of where the event takes place. "Prohibited sports event" does not include any game or match that is part of a tournament in which a Maine collegiate sports team participates, as long as a Maine collegiate sports team does not participate in that particular game or match. 

Prohibited sports wagering participant

 "Prohibited sports wagering participant" means any individual who is   prohibited  from making wagers as set forth in 8 M.R.S. §1213, and those   individuals described below:

  A. Any individual whose participation may undermine the integrity of the   wagering or the sports event or any person who   is prohibited from   participating in sports wagering by the Director for good cause shown;

  B. Any individual placing a wager as an agent or proxy;

  C. Any individuals on the “unauthorized persons” list under these sports     wagering rules;

  D. Any person who is an athlete, coach, referee, player, or a referee   personnel member in or on any sports event overseen by that person’s   sports governing body based on publicly available information;

  E. A person who holds a position of authority or influence sufficient to exert influence over the participants in a sports event, including, but not limited to, coaches, managers, handlers, and athletic trainers; a person with access to certain types of exclusive  information on any sports event overseen by that person’s sports governing body based on publicly available information; and 

  F. Any employee of the Gambling Control Unit or a licensed facility or mobile operator.

Prohibited wager

"Prohibited wager" means a wager or an attempted wager on any sports event or occurrence by any prohibited sports wagering participant which is not permitted under Maine Statute or by these sports wagering rules.

Promotional credit

"Promotional credit" means free plays, deposit matches, odds boosts, risk-free bets, and any other bonus that an operator offers or gives to a patron as an incentive to open an account or wager that shall not be accounted for against taxable revenue.

Proposition (Prop) bet

"Proposition (Prop) bet" means a wager made regarding the occurrence or nonoccurrence of an event or circumstance during a sports event that is not dependent on the final outcome of the sports event.

Rake

"Rake" means the fee that is deducted by a sports wagering operator from entry fees paid by patrons who participate in a pool.

Rake adjustment

"Rake adjustment" means an adjustment made by the sports wagering operator to account for any shortfall in connection with a pool. 

Secure transaction file

"Secure transaction file" means a file that contains data which cannot be modified without detection. 

Shared liquidity pool

"Shared liquidity pool" means a wagering or promotional offering in Maine and at least one other jurisdiction where where patrons may make selections of outcomes on a set number of sports events on a card in order to enter for a chance to win all or a portion of the prize pool.

SOC-2 Type II

"SOC-2 Type II" means an audit completed by an independent accounting and auditing firm to review and examine an organization's control objectives and activities and tested those controls to ensure that they are operating effectively. SOC-2 Type II is based on internal controls, policies and procedures, communications and monitoring to achieve security, availability, integrity, confidentiality and privacy. 

Sports event

"Sports event" has the same meaning as set forth in 8 M.R.S. §1202(12) which does not include horse racing.

Sports governing body

"Sports governing body" has the same meaning as set forth in 8 M.R.S. §1202(13).

Sports wagering

"Sports wagering" has the same meaning as set forth in 8 M.R.S. §1202(14).

Sports wagering account 

"Sports wagering account" means an account established by a mobile operator or a patron with a mobile operator for an individual patron to use for mobile sports wagering.

Sports wagering area

"Sports wagering area" means an area(s), as designated by an operator and approved by the Director, in which sports wagering is conducted by a licensed facility operator.

Sports wagering kiosk

"Sports wagering kiosk" Means an automated device used by patrons to make wagers on sports events; the kiosk may also be used to obtain sports wagering information, process sports wagering vouchers and sports wagering tickets, and any other automated functions approved by the Director. All self-service sports wagering devices must be located in an approved designated sports wagering area or other location as approved by the Director.

Sports wagering manager

"Sports wagering manager" means a qualified management employee of the facility operator, or a qualified management employee of a licensed management service provider that has the power to exercise authority or direct management or policies and procedures of a person or having power to exercise a significant influence over decisions concerning the operations of sports wagering

Sports wagering system

"Sports wagering system" means all equipment and software used in conjunction with the sports wagering operation, including, but not limited to, the following:

A. Sports wagering interactive components, including all hardware , software, and associated equipment that comprise the sports wagering system for the purpose of authorizing sports wagering and online and mobile sports wagering;

B. Self-service sports wagering kiosks;

C. Ticket or voucher redemption devices; or

D. Any other device, or system that the Director determines to be related to the sports wagering system.

Sports wagering ticket

"Sports wagering ticket" means a printed record issued, or an electronic record maintained, by the sports wagering system that evidences a sports wager.

Sports wagering voucher

"Sports wagering voucher" means a printed record issued by a sports wagering system that may be used to fund a sports wager or may be redeemable for cash according to house rules.

Supplier(s)

"Supplier(s)" means a type of person or entity who holds a supplier license as defined in 8 M.R.S. §1202(7)(C) and issued consistent with 8 M.R.S. §1208 and that fits any of the three criteria below:

A. Provides goods and/or services, directly or indirectly, to an operator in connection with sports wagering, but does not accept wagers, including but not limited to the following types of providers of goods and/ or services:

    i. Bookmarkers,

    ii. Geolocation providers,

    iii. Identity and/or age verification service providers,

    iv. Risk management providers or odds management providers,

    v. Integrity monitoring providers,

    vi. League data providers,

    vii. Marketing affiliates, and

    vii. Payment processors.

B. Directly interfaces or interacts with sports wagering accounts or sports wagering systems and receives payment or compensation based on a revenue sharing agreement in which the supplier receives a percentage or the adjusted gross sports wagering receipts of any operator; or

C. Provides any services similar to those described above that are material to conducting sports wagering. 

Suspicious wagering activity 

"Suspicious wagering activity" means unusual or abnormal wagering activity which cannot be explained, made or attempted to be made by an agent or proxy (i.e., messenger wagering) or is indicative of match fixing, the manipulation of an event, misuse of inside information, sports corruption, cheating, theft, embezzlement, collusion, money laundering or other prohibited activity.

Unit

"Unit" means the Gambling Control Unit within the Department of Public Safety. 

Voided wager

"Voided wager" means a wager voided by a ticket writer with supervisor approval for a specified event within the operator's system of internal controls.

Wager

"Wager" has the same meaning as set forth in 8 M.R.S. §1202.