UNITED STATES OLYMPIC & PARALYMPIC COMMITTEE
Olympic and Paralympic Games Tokyo 2020 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, either as an athlete, team official, or other team personnel participating in the Tokyo 2020 Olympic Games or Paralympic Games (regardless of whether participating for Team USA or another country (“Athlete”) or an Athlete Personal Sponsor (“APS”). You may be asked to agree to additional terms during the course of your registration process, including the PSC (defined below) (“Additional Terms”) to complete the Rule 40 submission. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms shall govern.
By using the Portal, you represent and warrant 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, her or their likeness in APS’ advertising materials (“Campaign”) and to request an IOC Rule 40/IPC Image Policy permission (“Rule 40 Permission”), and will maintain accurate information in its account at all times; and
- You agree to be bound by and will use this Portal in accordance with these Terms.
1. USOPC Olympic and Paralympic Games Tokyo 2020 Rule 40 Guidance
The USOPC’s Olympic and Paralympic Games Tokyo 2020 Rule 40 Guidance for the United States (“Guidance”) can be found here
The Tokyo 2020 Athlete Marketing in the United States Personal Sponsor Commitment (“PSC”) can be found here
2. Registration Process
Registration Process. Athletes, or their agents, will register the Athlete by providing the Athlete's contact information and that of any APS via the Portal. The USOPC Athlete Marketing team will review all registrations for completeness. Upon receipt of a complete registration by Athlete, the USOPC will then contact the APS directly with information on how to complete the APS submission for a Rule 40 Permission through the Portal.
APS will be directed to follow a link to confirm the contact information provided by Athlete for that APS is accurate, provide updates, and to review and accept the terms of the PSC
All communications, including notification of a completed registration, rejection, or request to revise a Rule 40 Permission submission, will be made via the Portal. Athlete or APS will receive an email from USOPC Athlete Marketing when a new notification or message has been posted to your Account (defined below).
3. Your Account.
a. Your Account. Both the Athlete and each 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. You 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. You will keep the provided contact information accurate and up-to-date..
iv. If an Account is created or accessed on behalf of an APS or Athlete, the person registering the Athlete or APS represents that it has the legal authority to bind that person or entity to these Terms.
v. An Account cannot be transferred to another user or entity
vi. 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 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. Except to the extent it has been granted a Rule 40 Permission by the USOPC, APS will not publish, distribute or otherwise make publicly available any campaign media or tactic featuring a Games participant during the Applicable Games Period, and Athlete will not authorize an APS or any other party to, publish, distribute or otherwise make publicly available any campaign media or tactic featuring Athlete during the Applicable Games Period.
In addition, each APS represents, warrants and covenants that its Campaigns during the Applicable Games Periods will comply with the Guidance.
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 ITS 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." USOPC DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE ON THE PORTAL. 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.
b. Limitation of Liability.
EXCLUDING ANY INDEMNITY OBLIGATIONS OR DAMAGES THAT RESULT FROM INTENTIONAL MISCONDUCT, NEITHER WE NOR YOU WILL BE LIABLE FOR LOST PROFITS OR REVENUES, OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR YOU HAVE 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 SUBMISSION SHALL BE $50.00.
Each of APS and Athlete 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 use of the Portal and any Rule 40-related submission.
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 applicable intellectual property laws. Unless expressly permitted by an authorized designee of the USOPC 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
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. Governing Law and Venue. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of New York, as applicable, without giving effect to their principles of conflicts of law. You irrevocably submit to the venue and jurisdiction of the state and federal courts of Colorado with respect to any dispute arising out of relating to these Terms.
b. Notice of Dispute. For any problem or dispute that you may have with the USOPC regarding the Portal or any Rule 40-related submission, 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 agree to give the USOPC a reasonable opportunity to respond and to negotiate with the USOPC in good faith about your problem or dispute prior to taking any other action.
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. 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 and the Additional Terms contain the entire agreement between the parties relating to the subject matter hereof, and no change or modification of any of their 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: January 07, 2020