U.S. Rule 40 Education : FAQ
1. RULE 40 AND THE USOPC DOMESTIC GUIDANCE FOR TOKYO 2020
The full updated USOPC domestic Rule 40 guidance can be found at teamusa.org/Rule40 and offers specific information, but the primary changes for each of the user groups are below:
Team USA Athletes gain:
- Increased opportunity to honor existing and engage new personal sponsors
- Less restrictive timelines for aligning with personal sponsor and creative execution
- Ability to recognize personal sponsors during the Games period
- Ability to be recognized by personal sponsors during the Games period
- Streamlined permission process with improved clarity on sponsor responsibility and compliance
- Shared responsibility with personal sponsors; previously the responsibility was on the athlete alone
IOC/USOPC Partners gain and maintain:
- Increased ambush protection through the Personal Sponsor Commitment
- Enhanced education and enforcement efforts
- Exclusivity around Team USA and Games marks and imagery
- Exemption from registration; continuance of all existing partner benefits related to timing and support of USOPC partner staff
- Ability to include more than one athlete in a single campaign
The USOPC will release Rule 40 domestic guidance for the Olympic and Paralympic Games Beijing 2022 after the Tokyo Games.
For all campaigns running in markets outside the U.S., athlete personal sponsors must notify the IOC of their non-U.S. generic advertising plans by no later than May 15, 2021 through: https://rule40.olympic.org/
2. THE PERMISSION PROCESS
The full process is explained at teamusa.org/Rule40 but, put simply, we are introducing a two-step process that creates shared responsibility among personal sponsors and athletes. This is accomplished through a contractual mechanism for enforcement that will protect Games and Team USA sponsors – while allowing for advance personal sponsor education and a more streamlined approach to athlete marketing in the United States.
Steps for Athletes : Athletes will notify the USOPC of their personal sponsors by registering them through our online portal. This registration can happen at any time before, or during, the Rule 40 period defined above as long as it precedes any athlete marketing during the Games. As always, personal sponsors are responsible for obtaining athlete consent for all uses of name, likeness or image.
Steps for Personal Sponsors : Once registered, each personal sponsor identified by an athlete will receive a link to a click-through Personal Sponsor Commitment that requires compliance with this guidance. Rule 40 permission will be issued upon successfully completing the click-through Personal Sponsor Commitment. If a personal sponsor has not completed the Personal Sponsor Commitment, it will not be granted permission and is not permitted to market an athlete in the United States during the Rule 40 period.
3. ATHLETE OPPORTUNITY FOR TOKYO 2020
4. TEAM USA/USOPC/IOC PARTNERS
6. FUTURE IMPLEMENTATION
7. INTERNATIONAL IMAGE AND LIKENESS USE
Can a personal partner use U.S. athlete likeness internationally? Can an international athlete be used in domestic U.S. marketing?
The USOPC is here to help ensure this process is clear and manageable for Team USA athletes and have developed a comprehensive Rule 40 guide, support and education process for this purpose. Please find information below.
Education Sessions: We will offer athlete education sessions where we can directly answer questions and offer additional information about the updated guidance: Click here to register.
Athlete Ombudsman: Team USA athletes should contact the office of the athlete ombudsman for cost-free, confidential, independent advice regarding athlete rights or responsibilities related to marketing, questions related to participation in protected competition, or any other rule, policy, process or athlete agreement. Phone: (719) 866-5000 Email: email@example.com Website: usathlete.org
USOPC Athlete Marketing Support: Team USA athletes with questions about the Rule 40 permission process or athlete marketing in general should contact USOPC marketing at firstname.lastname@example.org.
Personal Sponsors with questions: Athlete personal sponsors should contact the USOPC commercial team with any questions at email@example.com. Personal sponsors with Rule 40 permission are invited, but not required, to submit proposed generic advertising and proposed athlete-focused advertising for review and comment for conformance with this guidance.