Definitions

PURPOSE: This rule provides definitions for terms used relating to Fantasy Sports Contests (FSCs). (1) Authorized internet website—an internet website or any platform operated by a licensed operator. (2) Entry fee—anything of value including, but not limited to, contest credit, free entry to a paid contest, cash, or a cash equivalent, that a fantasy sports contest operator collects in order to participate in a fantasy sports contest. (3) Fantasy sports contest (FSC)—any fantasy or simulated game or contest with an entry fee in which: (A) The value of all prizes and awards offered to the winning participants is established and made known in advance of the contest; (B) All winning outcomes reflect in part the relative knowledge and skill of the participants and are determined predominantly by the accumulated statistical results of the performance of individuals, including athletes in the case of sports events; and (C) No winning outcomes are based on the score, point spread, or any performance of any single actual team or combination of teams or solely on any single performance of an individual athlete or player in any single actual event. (4) Fantasy sports contest operator (FSCO)— any person, entity, or division of a corporate entity that offers a platform for the playing of fantasy contests, administers one (1) or more fantasy contests with an entry fee, and awards a prize of value. (5) Highly experienced player— a person who has either: (A) Entered more than one thousand (1,000) contests offered by a single FSCO; or (B) Won more than three (3) fantasy sports prizes of one thousand dollars ($1,000) or more. (6) Key person—an officer, director, trustee, principal salaried executive staff officer, or any person so designated by the commission or director. (7) Licensed operator—an FSCO licensed pursuant to section 313.910, RSMo, to offer FSCs for play on an authorized internet website in Missouri. (8) Location—the geographical position of a person as determined within a degree of accuracy consistent with generally available internet protocol address locators. (9) Location percentage—for all fantasy sports contests, the percentage, rounded to the nearest one-tenth of one percent (.1%), of the total entry fees collected from registered players located in the state of Missouri at the time of entry into a fantasy contest, divided by the total entry fees collected from all players, regardless of the players’ locations, of the fantasy sports contests. (10) Net revenue—for all FSCs, the amount equal to the total entry fees collected from all participants entering such FSCs less winnings paid to participants in the contests, multiplied by the location percentage. (11) Officer—the president, vice-president, treasurer, secretary, and other officer identified in an entity’s bylaws or incorporation documents, a member or manager of a limited liability company, a sole proprietor, or a partner. (12) Principal salaried executive staff officers—means the president, any vice president in charge of a principal business unit, division, or function (such as sales, administration, or finance), any other officer who performs a policy making function, or any other person who performs similar policy making functions for the FSCO. Executive officers of subsidiaries may be deemed executive officers of the FSCO if they perform such policy making functions for the FSCO. (13) Prize—anything of value including, but not limited to, cash or a cash equivalent, contest credits, merchandise, or admission to another contest in which a prize may be awarded. AUTHORITY: sections 313.950 and 313.955, RSMo Supp. 2019.* Emergency rule filed Aug. 29, 2016, effective Sept. 8, 2016, expired March 6, 2017. Original rule filed Aug. 29, 2016, effective March 30, 2017. Amended: Filed Oct. 31, 2019, effective June 30, 2020. *Original authority: 313.950, RSMo 2016, amended 2019 and 313.955, RSMo 2016, amended 2019.