ACH

“ACH” means the Automated Clearing House network maintained by Nacha that is a nationwide electronic fund transfer (EFT) system that provides for the inter-bank clearing of electronic credit and debit transactions and for the exchange of payment related information among participating financial institutions.

Adjusted gross sports wagering receipts

"Adjusted gross sports wagering receipts" means an operator's gross receipts from sports wagering less the total of all winnings paid to patrons, which includes the cash equivalent of any merchandise or thing of value awarded as a prize, and less excise tax payments remitted to the Federal Government.

Adverse action

“Adverse action” includes, but is not limited to:

A.   A condition placed upon an applicant’s license, or the operation of an applicant’s gambling or gambling-related business resulting from a finding of an administrative, civil or criminal violation by any licensing or administrative agency, or a court, in any jurisdiction in the United States or Canada;

B.   A suspension or revocation of an applicant or operator’s license, by a      licensing or administrative agency, or a court in any jurisdiction in the United States or Canada, or

C.   A voluntary surrender of a license by an applicant or operator to avoid or resolve any civil, criminal, or other pending administrative disciplinary action in any jurisdiction in the United States or Canada.

Affiliate

“Affiliate” means an individual or entity that promotes sport wagering websites in exchange for a commission or fee.

Age and identity verification

“Age and identity verification” means a method, system, or device used by a sports wagering operator to verify the validity of a patron’s age and the patron’s identity.

AML

"AML" means anti-money laundering

Authentication process

 Authentication process" means a method used by a system to verify the validity of software

Bond

"Bond'' means a bond held in escrow for the purpose of maintaining adequate reserves to account for losses suffered by an operator and owed to patrons and which cannot be released without consent of the Director

Cancelled wager

  "Cancelled wager" means a wager that has been cancelled due to any issue with  a sports event that prevents its occurrence or completion, or that otherwise causes the wager to be unredeemable, or otherwise approved by the Director.

Card

“Card” means the list of sports events from which a patron can make selections for a given pool.

Cheating

“Cheating” means:

 A.   Any action taken by any individual, group of two or more individuals, entity, or group of entities that improves the chances of winning or that alters or improves the chances of altering the outcome of a wager or sporting event by deception, interference, or manipulation or use of nonpublic information. 

 B.   Any action taken by any individual, group of two or more individuals entity, or group of entities that improves the chances of winning or that alters the outcome or improves the chances of altering the outcome or payout on a wager by use of any equipment, including software pertaining to or used in relation to a sports wagering system’s equipment, used for or in connection with a wager or sports event on which wagers are placed or are invited.

Collegiate sports or athletic event

"Collegiate sports or athletic event" means a sports or athletic event offered or sponsored by, or played in connection with, a public or private institution that offers postsecondary educational services.  

Combo license

 “Combo license” means a license combining a casino employee and a sports  wagering employee license.

Commissioner

"Commissioner" means the Commissioner of Public Safety.

Department

 "Department" means the Department of Public Safety.

Director

"Director" means the director of the Gambling Control Unit within the  department. 

Dormant account

 "Dormant account" means a sports wagering account which has had no patron-initiated activity for a period of one year

Electronic sports

“Electronic sports” or “e-sports” means competitions in which the players compete at video games in organized events, at the professional or collegiate level.

Event number

"Event number" means a set of alphabetical and/or numerical characters that correspond to a sports event or an event ancillary to a sports event.

Exchange wagering

“Exchange wagering” means a form of wagering in which two or more persons place identically opposing wagers in a given market, allowing patrons to wager on both winning and non-winning outcomes in the same event.

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