3/21/18
Order to Cure - Facts u The TGA conducted an audit of approximately forty-two (42) promotions taking place between during October 2012– Oct 2014 to determine the extent to which such submissions have been in compliance with the requirements set forth in Part 26 and the TGA’s 2008 Guidance Memorandum on Promotions. As briefly summarized, the audit revealed:
u There were twenty-eight (28) promotion submissions that were not timely submitted to the TGA.
u There were six (6) instances of incomplete promotion submissions (required information and/or documentation were not included).
u There were twelve (12) instances where promotion-related marketing materials such as brochures and invitations were distributed to patrons prior to being approved by the TGA.
u There were three (3) instances where the rules of the promotion were amended without TGA review and approval.
Order to Cure - Analysis u The audit revealed that he Marketing and Players Club Departments have routinely failed to comply with the specific promotion submission requirements set forth Part 26 of the regulations and the TGA’s 2012 Guidance Memorandum, particularly in relation to the advance notice and approval requirement. More than half of the promotions conducted in the review period were not compliant with the notice requirement and marketing materials were routinely being circulated without TGA approval. u The TGA’s review and approval process serves as an important check against unfair, misleading, and/or deceptive trade practices in relation to promotional activities. Additionally, it ensures that appropriate rules are in place to govern each promotional activity, which in turn serves to advance fairness and integrity of both the operation and the patrons. Moreover, the review and approval process serves to protect tribal assets by ensuring that all promotional activity is auditable. It is therefore critical that the development, marketing, and conduct of promotions are carried out in a manner that is consistent with applicable laws and regulations. Failure to maintain compliance, therefore, constitutes a serious violation
17
Made with FlippingBook - Online Brochure Maker