UNITED STATES OLYMPIC & PARALYMPIC COMMITTEE
Olympic and Paralympic Games Beijing 2022 Rule 40 Athlete Marketing Portal
Terms of Service
Welcome to the United States Olympic & Paralympic Committee’s Rule 40 Athlete Marketing Portal (the “Portal”).
These terms of service (“Terms”) are a legal agreement between you and the United States Olympic & Paralympic Committee (“USOPC”, “we” or “us”) governing your use of the Portal. You may be asked to agree to additional terms (“Additional Terms”) during the course of your registration process, including the PSC (defined below). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms shall govern.
By using the Portal, each of the Athlete and Athlete Personal Sponsors (“APS”) are representing and warranting that:
- Athlete, or whomever is registering on the Athlete’s behalf, will complete the registration with accurate information.
- APS has the permission of the athlete(s) to use his or her likeness in APS’ advertising materials (“Campaign”) and to register for an IOC Rule 40/IPC Image Policy permissions (“Rule 40 Permission”); and
- You agree to be bound by and will use this Portal in accordance with these Terms.
1. USOPC Olympic and Paralympic Games Beijing 2022 Rule 40 Guidance
The USOPC’s Olympic and Paralympic Games Beijing 2022 Rule 40 Guidance for the United States (“Guidance”) can be found here here
The Beijing 2022 Athlete Marketing in the United States Personal Sponsor Commitment (“PSC”) can be found here here
2. Registration Process
a. Registration Process. APS will register with the USOPC by providing the requested information which includes APS’ contact information, identify the athletes they have a commercial relationship and may use the likeness of during the applicable Rule 40 period. APS will also need to review and agree to the terms of the PSC to complete registration. The USOPC Athlete Marketing team will review all registrations for completeness and unless a registration is incomplete, a Rule 40 Waiver is granted.
All communications, including notification of a completed registration, rejection, or request to revise a Rule 40 Permission registration, will be made via the Portal. APS will receive an email from USOPC Athlete Marketing when a new notification or message has been posted to your Account (defined below).
b. Review and Approvals of Campaign Materials
While not required, APS is welcome to submit Campaign materials to the USOPC for review and compliance with the Guidelines. All submissions will be reviewed by USOPC Athlete Marketing on a rolling basis, even through the Applicable Games Period.
APS may submit Rule 40 compliance questions or creative review requests, contact: Rule40Compliance@usopc.org. Please note that the USOPC will review your submissions solely for compliance with the USOPC’s Olympic and Paralympic Games Beijing 2022 Rule 40 Guidance.
The USOPC does not and cannot review your submission for compliance with any other laws, regulations or policies. All Campaigns should be reviewed by an attorney for compliance with all applicable laws, regulations, and policies.
3. Your Account.
a. Your Account. APS will need to register for an account (“Account”) on the Portal in order to receive communications regarding Rule 40 Permissions.
b. Restrictions on Use.
i. Athlete and APS agree not to use any false, inaccurate or misleading information when registering for an Account.
ii. If the USOPC disables your Account, you will not create another one without the USOPC’s permission.
iii. APS will keep the provided contact information accurate and up-to-date.
iv. An Account cannot be transferred to another user or entity.
v. To protect your Account, keep your Account details and password confidential. The registered account holder is responsible for all activity that occurs under its Account.
4. Representations and Warranties.
Each person and/or entity registering via the Portal represents, warrants and covenants that:
a. The execution of these Terms and the activities contemplated are within its powers and authority.
b. Its performance of these Terms will not result in a violation of any agreement or other contractual obligation by which it is bound.
c. It will comply with all applicable federal, state and local laws, ordinances, regulations and codes which are relevant to its performance of its respective obligations under these Terms.
d. The APS and Athlete have entered into a written agreement with that permits each APS to use Athlete’s name and/or image.
e. If an APS’ relationship with an Athlete terminates, the APS and Athlete will notify USOPC immediately and withdraw any pending Rule 40 Permission submissions relating to that Athlete.
f. APS expressly commits that its Campaigns during the Applicable Games Periods will comply with the Guidance.
g. Without being granted a Rule 40 Permission by the USOPC, APS will not, and Athlete will not authorize an APS to, publish, distribute or otherwise make publicly available any campaign media or tactic featuring a Games participant during the Applicable Games Period.
5. Portal Availability
We strive to keep the Portal up and running; however, all online services suffer occasional disruptions and outages, and the USOPC is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your submissions or communications from us.
6. Disclaimer of Warranties, Limitation of Liability, Indemnification
a. Disclaimer of Warranties.
USOPC, AND OUR VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PORTAL. YOU UNDERSTAND THAT USE OF THE PORTAL IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PORTAL ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE PORTAL. USOPC DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE ON THE PORTAL, NOR DOES IT GUARANTY ANY RESULTS FROM ITS USE. WITHOUT LIMITING THE FOREGOING, USOPC SHALL HAVE NO LIABILITY FOR THE REJECTION OR APPROVAL OF A SUBMISSION. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS OR DISCLOSURE WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
b. Limitation of Liability.
EXCLUDING ANY INDEMNITY OBLIGATIONS OR DAMAGES THAT RESULT FROM INTENTIONAL MISCONDUCT, NEITHER OF THE PARTIES WILL BE LIABLE FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE SOLE REMEDY AVAILABLE TO APS OR ATHLETE FOR A BREACH OF THESE TERMS AND/OR FOR ANY CLAIMS ARISING OUT OF APPROVAL OR REJECTION OF A RULE 40 PERMISSION SHALL BE $50.00.
You will indemnify, defend and hold USOPC, its officers, directors, employees, agents and volunteers, harmless from and against any and all claims, suits, actions, damages, liabilities, judgments, losses, assessments, interest charges, penalties, costs and expenses (including, attorney’s fees and disbursements) arising out of or relating to APS’s or Athlete’s acts and omissions hereunder.
7. Proprietary Rights.
a. Portal Content.
You acknowledge that all copyrights and other intellectual property rights in the Portal (collectively, the “USOPC Content”) are owned by the USOPC or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the USOPC Content.
b. Trade and Service Marks.
For information on USOPC’s trade and service marks, please review the U.S. Olympic and Paralympic Brand Usage Guidelines, located here
9. Dispute Resolution; Arbitration
This section applies to any dispute you have with the USOPC regarding the Portal, other than any claim under the PSC (which will be subject to the terms thereof).
a. Location and Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of Colorado, as applicable, without giving effect to their principles of conflicts of law. By using the Portal, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
b. Notice of Dispute. For any problem or dispute that you may have with the USOPC, you acknowledge and agree that you will first give the USOPC an opportunity to resolve your problem or dispute. This includes you first sending a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to the Legal Department, United States Olympic Committee, One Olympic Plaza, Colorado Springs, CO, 80909. You then agree to negotiate with the USOPC in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the USOPC’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
c. Small Claims Court. You may litigate any dispute in small claims court in El Paso County, CO or in your own county of residence, if the dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated informally first.
e. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the USOPC will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
g. Claims Or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
a. Electronic Communications. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all notice and other communications via the Portal.
b. Portal Use. You may use the Portal solely in connection with providing us with your submissions. You may not do anything that could disable, overburden, or impair the proper working or appearance of the Portal, such as uploading viruses or other malicious code.
c. Changes to these Terms. We may change these Terms at any time, and we’ll tell you when we do. Using the Portal after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Portal and close your Account.
d. Force Majeure. USOPC will not be liable for any delay or default in the performance of its obligations if such delay or default is caused by conditions beyond its reasonable control, including fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures or acts of God (collectively, “Force Majeure”).
e. No Assignment. These Terms or any approvals granted via the Portal may not be sold, assigned, or transferred to a third party without first obtaining the written consent of the USOPC. Any sale, assignment or transfer prohibited hereunder shall be null and void.
f. No Waiver. Failure of USOPC to enforce any of the provisions herein shall not be construed as a general relinquishment or waiver as to that or any other provision.
g. Entire Agreement. These Terms contain the entire agreement between the parties relating to the subject matter hereof, and no change or modification of any of its provisions shall be effective unless made in writing and signed by both parties.
h. No Joint Venture. Nothing in these Terms shall constitute a partnership, joint venture or agency between the parties.
i. Survival. Any provision of these Terms that expressly or by implication is intended to come into or remain in force on or after termination will continue in full force and effect notwithstanding any such termination.
Last Updated: November 23, 2021