Common use of Olympic Commercial Partners – Usage Guidelines Clause in Contracts

Olympic Commercial Partners – Usage Guidelines. The following provisions apply to the use by Olympic Commercial Partners of a Participant’s person, name, picture or sports performances during the Period of the Olympic Games: • In addition to any advertising authorized pursuant to the procedure just described, Olympic Commercial Partners may use a Participant’s person, name, picture or sports performances in Authorised Communications, which shall mean (i) supporting messages expressing the encouragement to a Participant or the NOC Olympic Team in view of their participation in the Olympic Games, (ii) congratulatory messages praising the athlete or the NOC Olympic Team for their achievement at the Olympic Games and (iii) any other Olympic-related activations of their Olympic sponsorship, including advertising/promotions and social media campaigns subject to the cumulative conditions outlined below. • Subject to the approval of the NOC, NOC sponsors may use, for Authorised Communications only, the image of a Participant or of the NOC Olympic Team, within the territory of the NOC in which it is a sponsor. • Subject to the approval of the IOC, TOP Partners, as Partners of the Olympic Team of each NOC, may use, for Authorised Communications only, the image of a Participant or of the NOC Olympic Team on a multi-territory basis. • Subject to the approval of the IOC, Broadcasting Rights Holders may use, for Authorised Communications only, the image of a Participant in the Territory for which such Broadcasting Rights Holder has been granted rights. • Authorised Communications may not under any circumstances: o make textual or visual references to direct use of any product or service that enhances performance in practicing or competing in sport. This includes textual references such as “official product” of the athlete or the Team, nor o be in relation to the Participant’s performance at the Olympic Games or at other editions of the Games of the Olympiad or Olympic Winter Games except in the case of congratulatory messages. • Participant’s Olympic biographical references may only be used in a factual manner (e.g., 2012 Olympic Gold Medallist) provided that any such references appear in an ancillary manner and not in a manner that draws attention to such reference. Participants must appear dressed (i) in their National Olympic team uniform or clothing (as defined by their NOC) (ii) in generic, unbranded clothing, or (iii) with the express approval of their NOC, in other clothing branded in accordance with Rule 50 of the Olympic Charter and the corresponding IOC guidelines (“other clothing”). The requirement for Participants to obtain the express approval of their NOC to appear in other clothing is to enable NOCs to preserve the value and attractiveness for uniform and clothing manufacturers to sponsor such NOCs and their National Olympic Teams. Any such requests by Participants for approval and any supporting documentation shall be submitted electronically to the NOC and be answered within 21 calendar days. NOCs may refuse approval in their absolute discretion in order to preserve the value and attractiveness for uniform and clothing manufacturers to sponsor such NOCs and their National Olympic Teams. Absent an answer within the prescribed period a request shall be deemed approved. It is the responsibility of each NOC to duly notify in writing the IOC of any granted approval.