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The regulator concluded that the central figure’s youthful facial features, casual styling and excited demeanour gave the impression he was in his late teens or early twenties. 

As such, the ad violated rule 16.3 of the CAP Code (Edition 12).

Midnite’s operator, Dribble Media Ltd, stated that the ad had not been authorised by their company. They cited discrepancies in branding and asserted that it was created and disseminated by an affiliate, Limay Media Ltd, without Midnite’s approval. 

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The investigation, which included secretly recorded interviews and conversations with Evolution staff members and other whistleblowers, was followed up with a damning report accusing the supplier of knowingly providing its services in sanctioned jurisdictions.

In April, court documents showed that Evolution had sought to add Playtech to the case.

While Playtech has backed its Black Cube investigation Evolution slammed it as a “smear campaign”, and has strongly refuted the claims made, citing them as “highly inflammatory and knowingly false”.

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As for the regulatory outlooks for the ETFs, the SEC hasn’t publicly commented on the NHL funds’ fates and it’s too early to tell what will come of the MLB filings, but there are hundreds of futures-based ETFs on the market today.

That may be a sign that pro sports futures ETFs could avoid the “novel” label that’s been a hindrance in bringing other ETFs to market.

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