As the Paris 2024 Olympic Games are underway, athletes and their sponsors must understand and comply with Rule 40 of the Olympic Charter. This rule is designed to protect the exclusivity of Olympic sponsors by limiting the commercial activities of athletes and their personal sponsors during the Olympic Games.

We recently published an article discussing the complexities and risks of ambush marketing. This article aims to further elucidate Rule 40, offering practical advice for both athletes and sponsors to ensure compliance and avoid penalties.

Understanding Rule 40

Rule 40 restricts athletes from appearing in advertising from 18 July to 13 August 2024 (the ‘Games Period’), unless the advertising meets specific criteria. The goal is to protect the financial integrity of the Games by ensuring that only official sponsors can leverage the Olympic association.

Guidelines from the IOC

The International Olympic Committee (IOC) has published guidance detailing the application of Rule 40 during the Paris 2024 Games. These guidelines apply globally to all non-Olympic partners and participants.

Under the IOC guidance, non-Olympic partners and participants cannot use any Olympic properties (e.g., symbols, mottos, images). They can continue to run advertising campaigns and show advertising materials during the Games Period provided that the advertising is considered ‘Generic Advertising’. This means the advertising must have been in the market for at least 90 days prior to the Games Period and must run consistently without escalation during the Games Period.

Athletes’ thank-you messages to their personal Non-Olympic Partners are limited to one per partner and can be posted on multiple platforms simultaneously. These messages must not imply that the sponsor's products contributed to the athlete’s performance.

The guidelines from the IOC are relevant for all advertising activity that covers more than one country. Advertising targeting one territory only is subject to the rules of that country’s National Olympic Committee (NOC) and/or relevant organising committee for the Olympic Games (OCOG), which may be different from the guidelines of the IOC. Athletes and their sponsors should check with the relevant NOC or OCOG.

Guidelines from the BOA

The British Olympic Association (BOA) has issued specific guidelines applicable to GB-based athletes and their sponsors, whose advertising targets the UK. There are several differences compared to the guidelines issued by the IOC. For example, the BOA allows Team GB athletes to post up to three thank-you messages per sponsor during the Games, compared to the stricter IOC rules.

Importantly, the BOA guidelines state that where an advertiser is featuring an athlete in an advert in the UK, but the athlete is not a member of Team GB, they will need to notify both the relevant NOC and the BOA.

Potential Penalties for Non-Compliance

While Rule 40 applies directly to athletes and officials rather than advertisers, the consequences of non-compliance can be significant. The IOC and/or the athlete’s NOC, including the BOA, have the authority to penalise athletes for breaches of Rule 40. Sanctions can be severe, including the removal of accreditation for the Games and disqualification from competition. Sponsors should be cautious not to jeopardize an athlete’s Olympic ambitions.

Although legal sanctions cannot be directly imposed on advertisers under Rule 40, the IOC and NOC will likely seek the withdrawal of any non-compliant campaign. This can lead to wasted costs and negative publicity for the brand. Therefore, it is crucial for sponsors of athletes competing to understand and comply with Rule 40.

Tips for GB Athletes

1. Thank-You Messages

GB athletes are, of course, able to show their appreciation to the sponsors that have been part of their journey, but there are rules to be aware of:

• 1 message per event: Athletes can post one thank-you message for each personal sponsor per event (e.g., a 100m event includes all heats).
• 1 message per day: Only one thank-you message per sponsor is allowed on any single day.
• 3 messages per sponsor: Athletes can post up to three thank-you messages per sponsor throughout the entire Games Period.
• 10 messages in total: There is a maximum of ten thank-you messages allowed per athlete throughout the Games Period.

Example: A thank-you message like “Thank you, [the sponsor’s brand], for your continued support” is acceptable. It must not mention the Olympics or imply that the sponsor contributed to the athlete’s performance at the Games.

2. Reposting on Social Media

GB athletes are permitted to repost or share content from official sources such as the IOC’s, the Paris 2024 OCOG’s, Team GB’s, or BOA’s social media accounts. However, these reposts or shares must not include thank-you messages or reference Non-Olympic Partners.

This ensures that athletes can engage with official Olympic content without breaching Rule 40 restrictions.

Practical Steps for UK Non-Olympic Sponsors

Set below is further guidance for our GB athletes’ personal sponsors to ensure they comply with the relevant rules:

1. Review and Adjust Current Campaigns

Ensure all running advertisements do not use Olympic properties or imply any connection to the Games. Adjust any ongoing campaigns to comply with the ‘generic advertising’ rule if they were not previously in compliance.

Example: A campaign that focuses on the athlete’s general sports performance without mentioning the Olympics or using Olympic symbols is acceptable. However, any ad stating “Road to Paris 2024” would be in violation.

2. Monitor Social Media Activity

Avoid posting congratulatory messages during the Games Period. Ensure that any posts by athletes or sponsors do not use Olympic imagery or suggest an association with the Games.

Example: Congratulatory messages should be scheduled for posting after the Games Period. During the Games, focus on general brand messages that do not reference the Olympics.

3. Corporate Websites/Social Media

References to athletes, including their image, on corporate websites and social media platforms are acceptable if published prior to the Games Period and:

• Are in the context of factually describing the company’s support or sponsorship of the athlete.
• Do not appear on the company’s home page or equivalent.
• Do not refer expressly to the Games, except for balanced, factual biographical references.
• Do not directly promote or endorse a product.
• Do not post anything which could amount to ambush marketing (see our article which discusses this here).

4. Catalogues & Corporate Brochures

References to athletes in product catalogues (online and in-store) and corporate brochures are acceptable if:

• Promoting sports clothing or sports equipment.
• Produced and available since before 4 July 2024.
• Packaging does not refer expressly or implicitly to the Games or contain any Team GB/Games IP.
• They are not distributed by email or post during the Games Period.

5. Consult the Guidelines

Both the IOC and BOA guidelines should be reviewed in detail. Ensure that all marketing materials are compliant with these guidelines to avoid potential penalties.

Example: If planning a new campaign, review the IOC’s illustrative guidance and the BOA’s specific rules to ensure all content is appropriate and compliant.

6. Develop Internal Policies

Create and implement internal policies that ensure all marketing activities are reviewed for compliance with Rule 40. This proactive approach can help avoid inadvertent breaches.

Example: Establish a checklist for marketing teams that includes all Rule 40 requirements and ensure it is used for every campaign involving Olympic athletes.

7. Training and Awareness

Provide training sessions for marketing teams to ensure they understand Rule 40 and the consequences of non-compliance.

Example: Conduct workshops or seminars detailing the dos and don’ts of Olympic advertising and the specific rules under the IOC and BOA guidelines.

Conclusion

The Paris 2024 Olympics offer a unique opportunity for athletes and sponsors to gain global exposure. However, navigating the commercial landscape requires careful adherence to Rule 40 of the Olympic Charter and the respective guidelines issued by the IOC and BOA. By following the outlined principles and seeking appropriate legal advice, athletes and sponsors can engage in marketing activities while minimizing the risk of disqualification or legal repercussions.

Undoubtedly Rule 40 is controversial. It’s a fine balancing act. Athletes and their sponsors want to cash in on the financial rewards of their success, whilst Olympic sponsors seek to protect the lucrative domain which their official sponsorship affords, which they would argue underpins the financial integrity of the Olympics.