To: Sales Executives, General Managers, Promotion Executives, Sports
Total Page:16
File Type:pdf, Size:1020Kb
1
NFL ADVERTISING GUIDELINES & OFFICIAL SPONSORS (As of 7/10/14)
To assist NFL sales and marketing efforts, this document contains the following:
The NFL Advertising Guidelines, applicable to all NFL games telecast on CBS, including “Thursday Night Football.”
CBS Affiliate NFL Promotion Approval Form.
The current list of NFL Official Sponsors (as of July 2014).
This information will be updated and re-sent as needed.
NFL ADVERTISING GUIDELINES: PRE-SEASON, REGULAR SEASON, POST-SEASON (INCLUDING “THURSDAY NIGHT FOOTBALL”)
GAMBLING & LOTTERIES
> No advertising for gambling, sports betting or lottery products or services, or any advertisement or promotion that depicts, mentions, or includes any reference to gambling or sports betting of any kind should be broadcast within game telecasts or within any NFL-related programming or vignettes.
> In addition, there should be no broadcast or distribution of promotional announcements or informational materials for or related to the NFL (including print advertisement, printed schedule, Internet mentions or similar materials) that include mention or reference to such matters.
> Gambling includes but is not limited to casinos and hotels that have gambling, even if the gambling is not specifically mentioned (e.g., if a gambling resort’s on-air commercial promotes the “fun, family atmosphere” or other non-gambling-related facilities of the establishment without visual or aural reference to its actual gambling facilities) and includes sports books, tout services, line services, or other services geared to sports betting; riverboat gambling establishments; Indian gaming establishments; and other facilities that house or operate any commercial gambling establishment.
> The NFL’s policy forbids the use of any NFL footage in conjunction with any programs, features or footage that are shot (live or taped) inside a casino or any facility that houses gambling or betting.
> Any network or network affiliate promotions for any shows that contain gambling pictures or references that air within NFL games or NFL-related programming are prohibited. 2
Permitted:
1) General advertising from a state, municipal or provincial lottery is permitted if the lottery organization does not offer any betting scheme that is based on real sporting events or performances in them. (The Oregon lottery and several Canadian provincial lotteries presently offer such games.)
2) General advertising from horse or dog racing tracks, or from state or municipal off-track betting organizations, if they offer no betting schemes based on real sporting events (other than horse or dog races) or performances in them.
3) Advertising concerning local, state or national referenda or legislation concerning gambling.
Prohibited:
1) Any advertising from a casino, or from a hotel, riverboat, Indian gaming establishment authorized under Federal law, or other facility that houses or operates commercial gambling, even if the content of the advertising does not specifically mention or suggest gambling.
2) Any advertising from a sports book, or from a "tout" service, a line service, or any other "sports information service" whose activities are primarily geared to betting.
3) Any advertising from a state, municipal, or provincial lottery or an off-track betting organization that offers any betting schemes based on real athletic contests, even if the content of the advertising does not specifically mention sports gambling.
4) Any advertising contest or promotion that would reasonably be perceived as constituting affiliation with or endorsement of the lottery, race track or off-track betting organization or its activities by a player, an owner or club employee, or the club itself.
5) Any advertising contest or promotion that refers to a "sports theme" game -- such as a scratch-off or instant winner game that has a football, baseball, basketball or hockey motif.
For additional information, please review “Section 8.6 – No Gambling” from the “NFL-CBS Sunday AFC Package Television Agreement,” which is on page 11 of this document. These restrictions apply to “Thursday Night Football” as well. 3
PROHIBITED ADVERTISING CATEGORIES
(Note that examples listed within specific categories are provided for illustrative purposes only.)
1. Contraceptives (e.g., condoms), except to the extent otherwise expressly permitted under the pharmaceutical category.
2. Dietary and/or nutritional supplements, products commonly referred to as “energy drinks”, and other products that contain ingredients other than vitamins and minerals for which the FDA has established recommended daily intakes, or any substance prohibited pursuant to League policies. Health and nutrition stores are permitted, provided that they do not reference any dietary or nutritional supplements or products, energy drinks, or any prohibited substances.
3. Distilled spirits and flavored malt beverages (e.g., Smirnoff Ice, Bacardi Silver); however, traditional malt beverages (e.g., beer) and non-alcoholic malt beverages and wine are permitted, subject to specific League guidelines.
4. Establishments that feature nude or semi-nude performers.
5. Firearms, ammunition or other weapons; however, stores that sell firearms and ammunitions (e.g., outdoor stores and camping stores) will be permitted, provided they sell other products and the ads do not mention firearms, ammunition or other weapons.
6. Fireworks.
7. Gambling-related advertising, including, without limitation, advertising for any hotel, casino or other establishment that houses gambling regardless of whether the advertising references gambling, as well as any advertising that would violate the terms of the League’s television agreements or policy on gambling advertising, except:
a. general advertising from a state or municipal lottery, provided that such lottery organization does not offer any betting scheme that is based on real sporting events or performances in them; or b. general advertising from horse- or dog-racing tracks, or from state or municipal off-track betting organizations, provided that such horseracing, dog-racing or off-track betting establishment offers neither (i) betting schemes based on real sporting events (other than horse or dog races) or performances in them or (ii) casino games of any kind; or c. general advertising for tourist destinations, including Las Vegas, subject to the following: 4 i. NFL APPROVAL: All such ads must be approved in advance by the NFL. Please see the CBS AFFILIATE 2014-15 NFL PROMOTION APPROVAL FORM on page 10.
ii. ADVERTISING ONLY: Only general advertising will be permitted (e.g., advertising units). Sponsorships, including, but not limited to, program segment sponsorships and other types of branded programming enhancements are prohibited. (For example, vegas.com ads in commercial breaks will be acceptable but a pre-game sponsorship or sponsored feature in NFL programming will not be permitted).
iii. TOURISM DESTINATIONS ONLY: Only tourism destinations (e.g., Nevada, Las Vegas, Lake Tahoe) are permitted, subject to the terms hereof. The prohibition of ads for hotels, casinos and other institutions that house gambling will remain in place regardless of whether or not such ads explicitly reference gambling.
iv. CONTENT: Ads may not contain any gambling references -- audio or visual -- or any other gambling imagery. (For clarity, ads for Las Vegas tourism may not contain images of slot machines, dice, cards, or a wide shot of the Vegas strip and casinos but may contain images of golf, swimming pools, and performers). The content of the ads (audio and/or visual) must be “family friendly”. Any suggestive ads or those showing or suggesting inappropriate activity (e.g., excessive use of alcohol, sexual adventures), or those that imply general misbehavior (e.g., “What Happens in Vegas Stays in Vegas”) will not be approved.
v. ANCILLARY MENTIONS: Airline and other travel-related ads may now mention Las Vegas in an ancillary manner (e.g., “Fly Southwest Airlines from Los Angeles to Las Vegas for $59”).
8. Illegal products or services.
9. Movies, video games and other media that contain or promote objectionable material or subject matter (e.g., overtly sexual or excessively violent material), as determined by the NFL.
10.Restorative or enhancement products (e.g., “male enhancement” products), except to the extent otherwise expressly permitted under the pharmaceutical category.
11.Sexual materials or services (e.g., pornography or escort services).
12.Social cause/issue advocacy advertising, unless otherwise approved in advance by the NFL. If approved, only general advertising will be permitted (e.g., advertising units). Sponsorships, including, but not limited to, program segment sponsorships and other types of branded programming enhancements are prohibited.
13.Tobacco products (e.g., cigarettes, cigars, pipe tobacco, chewing tobacco and snuff). 5 14.Advertisements for pharmaceutical products (both prescription and over-the-counter (non-prescription)) are permitted only under the following terms and conditions: (a) Only general advertising will be permitted (e.g., advertising units). (b) Sponsorships, including, but not limited to, program segment sponsorships and other types of branded programming enhancements are prohibited; provided that in limited circumstances sponsorships by over-the-counter pharmaceutical products may be permitted with the prior written approval of the NFL. (c) Categories of permitted/prohibited pharmaceutical products (both prescription and over-the-counter) may be modified by League at any time. (d) Advertising for over-the counter pharmaceuticals is generally permissible (provided they do not otherwise fall in a category listed above). (e) Advertising for prescription medications is permitted currently in only the following categories: i. Aesthetic Products (e.g., Botox, Latisse) ii. Analgesics (Non-Opioid Only ) (e.g., Celebrex, Mobic) iii. Antibacterials (e.g., Zithromax, Levaquin) iv. Anticoagulants / Platlet Modifying Agents (e.g., Pradaxa, Plavix) v. Anticonvulsants / Antiepilepsy (e.g., Neurontin) vi. Antidementia / Alzheimer’s Agents (e.g., Aricept) vii. Antidepressants / Anxiolytics (e.g., Cymbalta, Lexapro, Zoloft) viii. Antifungals (e.g., Diflucan) ix. Antigout Agents (e.g., Zyloprim) x. Anti-Insomnia Agents (e.g., Lunesta, Ambien) xi. Anti-Inflammatory Agents (Non-Steroidal Only) (e.g., Deltasone) xii. Anti-Migraine Agents (e.g., Topamax, Treximet) xiii. Antineoplastics / Oncology Agents (e.g., Rituxan, Gleevec) xiv. Antiparasitics (e.g., Malarone, Stromectol) xv. Anti-Parkinson / Movement Disorder Agents (e.g., Requip, Mirapex) xvi. Antispasticity Agents (e.g., Zanaflex) xvii. Antivirals (e.g., Kaletra, Zovirax, Tamiflu) xviii. Blood Glucose Regulators / Diabetes Medications (e.g., Januvia) xix. Cardiovascular Agents (including Cholesterol Reducing) (e.g., Lipitor, Cestor, Norvasc) xx. Dental and Oral Agents (e.g., Aphthasol) xxi. Dermatological Agents (e.g., Taclonex) xxii. Gastrointestinal Agents (including Inflammatory Bowel Disease Agents) (e.g., Nexium, Asacol) xxiii. Genitourinary Agents (including Erectile Dysfunction and Prostate Medications) (e.g., Flomax, Viagra) xxiv. Hair Renewal and Growth (e.g., Propecia) xxv. Immune Suppressants / Immunomodulators (e.g., Humira, Orencia, Enbrel) xxvi. Metabolic Bone Disease Agents (including Anti-Osteoporosis Agents) (e.g., Boniva) xxvii. Multiple Sclerosis Agents (e.g., Betaseron, Ampyra) xxviii. Ophthalmic Agents (e.g., Restasis) xxix. Oral Contraceptives (e.g., Loestrin 24) xxx. Otic Agents (e.g., Auralgan) xxxi. Pancreatic Enzyme Replacement Agents (e.g., ZenPep) 6 xxxii. Respiratory Tract Agents (Allergy and Asthma Medications) (e.g., Advair, Spiriva, Pulmicort) xxxiii. Smoking Cessation Products (e.g., Chantix), but specifically not including “electronic cigarettes” xxxiv. Vaccines (e.g., Gardasil, Fluvirin, Zostavax)
(f) Advertising for medical devices is permitted currently in only the following categories: i. Aesthetics (e.g., dermal fillers for facial wrinkles) ii. Cardiovascular (e.g., coronary stents) iii. Dental (e.g., dental implants) iv. Drug Delivery Devices (e.g., diabetes pumps) v. Ear, Nose, and Throat (e.g., sleep disorder breathing products, hearing aids) vi. Ophthalmic (e.g., intraocular lenses for cataracts) vii. Orthopedic (e.g., knee/hip replacements)
GAME SPONSORSHIP TIE-INS & BILLBOARDS
> No enhancements or sponsored elements (meaning any third party sponsorship or sponsor identification tied to permitted elements such as network ticker, vignette, feature, production or technology application) or product placement -- through audio or visual mention -- are permitted during the period that begins five minutes before kick off until the first commercial pod following conclusion of the game’s telecast (or the start of the next program). This means there can be no billboards, “play of the quarter brought to you by...,” screen squeezes or lifts, etc. during game coverage. No electronic signage is permitted.
> An affiliate may not alter the Network feed of any game broadcast in any way (including by superimposition, modification of picture size or otherwise) to insert promotional, commercial or informational messages other than (1) insertion of messages in designated local station breaks; (2) emergency news or weather-related bulletins, and (3) legally required station identifications.
USE OF NFL LOGOS & MARKS
Billboards:
Here are language guidelines for an on-air opening local billboard:
Permitted: “Today’s Raven’s game is brought to you locally by NFL SPONSOR.” Permitted: “Today’s football game is brought to you locally by ANY SPONSOR.” Permitted: “Baltimore vs. New York is brought to you locally by ANY SPONSOR.”
Marks:
NFL Properties LLC controls the rights to the marks "NFL," the NFL shield, "AFC," "NFC," all NFL team names/logos/uniform designs, the words "Super Bowl," the Super Bowl logos, “Thursday Night Football” logos, the names and logos representing other League-owned events (e.g., NFL Draft, NFL Kickoff, NFL Quarterback Challenge, etc.) and all other marks and logos 7 adopted for commercial purposes by the NFL and its teams ("NFL Marks"). In the event a CBS affiliate wishes to use an NFL Mark in conjunction with a sponsor that is not an official NFL sponsor in a non-competitive category to an NFL sponsor, those requests will be considered by the NFL on a case-by-case basis.
CBS affiliates are required to seek approval of all on-air and off-air promotions for regular season and post-season. All requests must be made in writing to the attention of Ms. Deanna O'Toole, CBS Sports ([email protected]). You will find the “CBS Affiliate 2014-15 NFL Promotion Approval Form” on page 9 of this document.
Under no circumstances can any CBS affiliate utilize any NFL marks (on-air or off-air) in conjunction with any sponsor that is not an Official NFL or Super Bowl Sponsor (except as noted under “Sweepstakes and Contests” below on a case-by-case basis.) A CBS affiliate may only utilize an NFL mark (on-air or off-air), including “Thursday Night Football” logos, in conjunction with any sponsor that is an Official NFL or Super Bowl Sponsor with the prior written approval of the NFL and CBS. For the avoidance of doubt, “Thursday Night Football” logos may be used in conjunction with non-sponsored tune-in without prior written approval (e.g., “Watch ‘Thursday Night Football’ on [insert station name]” is permissible but “Watch ‘Thursday Night Football’ on [insert station name] brought to you locally by [insert sponsor name]” requires prior written approval by the NFL and CBS (unless such sponsor is not an Official NFL or Super Bowl Sponsor, in which case it is not permissible).
The list of current NFL Official Sponsors is on page 10 of this document.
APPROVALS FOR AFFILIATE NFL PROMOTIONS
CBS affiliates are required to seek approval of all on-air and off-air promotions for pre-season, regular season and post-season, as well as any other use of League marks.
Please note that in some instances, the League may grant approval for specific sponsorships by non-official sponsors in non-competitive categories on a case-by-case basis.
NFL clubs have exclusive sponsorship/promotional rights in certain categories. NFL Properties, which must approve all third party use of NFL and/or clubs logos/marks, will not approve affiliate promotions in such categories if they would conflict with local club rights.
COMMERCIAL FORMATTING
Local stations are not permitted to “bunch” commercials, e.g., run a lower commercial load in a September game and a higher load in a November game.
SWEEPSTAKES AND CONTESTS
> No ticket giveaways or other contests using NFL marks or logos are permitted without League approval. Please follow the guidelines listed under the "APPROVALS FOR AFFILIATE NFL PROMOTIONS" section of this document.
8 > Under no circumstances will the League allow any CBS affiliate to utilize any NFL marks in conjunction with ticket giveaways or other contests with any sponsor that is not an Official NFL or Super Bowl Sponsor.
> In some instances, the League may grant approval for specific sponsorships by non-official sponsors in non-competitive categories on a case-by-case basis. However, any attempt to avoid NFL policies by using obvious “generic” names for NFL events (e.g., “Win tickets to the big event in Jacksonville.”) would be considered a violation of NFL policy under these guidelines.
For example:
Not Permitted: Win tickets to the big game. Brought to you by ANY SPONSOR. (This is not permitted by the NFL and would be considered an ambush attempt against the NFL and its Official Sponsors.)
Permitted: Win tickets to the Dolphins/Jets game. Brought to you by AN OFFICIAL NFL SPONSOR.
> In addition, prizes given away during contests must be products of official NFL licensees. For example:
Permitted: With the NFL’s approval, an affiliate may give away a year's supply of Pepsi as part of an NFL contest because Pepsi is the Official NFL Sponsor.
Not Permitted: An affiliate may not give away a year’s supply of Coca-Cola as part of an NFL contest because Pepsi is the Official NFL Sponsor in the Soft Drink category.
Once again in some instances, the League may grant approval for specific sponsorships by non-official sponsors in non-competitive categories, but each must be reviewed on a case-by- case basis. Please follow the guidelines listed under the "APPROVALS FOR AFFILIATE NFL PROMOTIONS" section of this document.
All requests must be made in writing, using the “CBS Affiliate 2014-15 NFL Promotion Approval Form” on page 9 and sent to the attention of Ms. Deanna O’Toole, CBS Sports (fax: 212- 975- 4494). Please allow several weeks for CBS Sports and League approval.
9 CBS AFFILIATE NFL PROMOTION APPROVAL FORM
Complete and fax to: Ms. Deanna O’Toole, VP, Business Affairs, CBS Sports (Fax: 212-975-4494)
STATION:
STATION CONTACT (Name, Title):
ADDRESS:
PHONE #: FAX #:
E-MAIL ADDRESS:
PROCESS FOR APPROVAL OF “NFL ON CBS” PROMOTION: The NFL and CBS must review every individual CBS station’s plan(s) to utilize NFL marks. Please submit this form and copies of any proposed marketing materials for review to Deanna O’Toole in CBS Sports. Also, the proposed creative layout must accompany this form to obtain logo approval. It will, in turn, be forwarded to the NFL for review.
1. Identify Programs Specific to the Promotion: (Circle all applicable programs) The NFL Today NFL on CBS Thursday Night Football AFC Divisional Playoffs on CBS AFC Championship on CBS
2. Logo Use Requested: (Circle all applicable logos) NFL Today NFL on CBS Thursday Night Football AFC Divisional Playoffs logo AFC Championship logo Super Bowl XLIX logo Official NFL Shield NFL Team Logo (Teams - for specific tune-in promotions) Other
3. Promotional/Sponsorship Usage: Promotional/Sponsors Partners (e.g., Pepsi): Business/Partner Category: Other Partners (e.g., Radio): Date Promotion(s) will start/end: Geographic Area of Promotion (DMA): Premiums (if any) Used in Promotion:
4. CBS Sports Approval Approved by: Date:
Disapproved by: Date: 10
NFL OFFICIAL SPONSORS (As of July 2014)
The eight NFL Official Sponsors listed below are all prime targets for local sales pitches. They have the right to use NFL logos and marks in their product/service marketing and also have promotion exclusivity in their categories.
If there are any changes to this list during the course of the season we’ll send you an updated edition.
SPONSOR CATEGORY/PRODUCTS
Anheuser-Busch Beer FedEx Package Delivery Services Pepsi Soft Drink Gatorade Sports Beverages (isotonic) Verizon Wireless Telecommunication Services Visa Payment Systems Services Microsoft Operating System Software and Tablets Bose Audio Equipment (including, without limitation, home and portable music/audio systems, headphones and headsets) 11
Section 8.6 – No Gambling
2014-2022 NFL-CBS Sunday AFC Package Television Agreement
Section 8.6 No Gambling. During any NFL-Based Telecasts, including, without limitation, any Game Broadcast, CBS shall not (and, for the avoidance of doubt, shall cause Network and its Affiliates not to) accept, broadcast or otherwise Distribute any advertising or promotion for any product or service relating in any way to gambling or sports betting or lotteries or any advertising or promotional spot which depicts or mentions, or includes any reference to, gambling or sports betting or lotteries (provided that this Section 8.6 shall not preclude CBS from broadcasting general advertising for (i) a state, municipal, or provincial lottery, if the lottery organization does not offer any betting scheme that is based on real sporting events or any team or individuals performance in them or (ii) horse or dog racing tracks, or from states or municipal off-track betting organizations, if they offer no betting schemes based on real sporting events (other than horse or dog races) or any team or individual performances in them). Further, CBS (and Network and its Affiliates) shall not broadcast or otherwise Distribute in any medium whatsoever (including, without limitation, print advertisements, printed schedules, Internet site mentions, Tickers, or similar materials) any promotional announcement or informational material for or related to League that includes any reference to or mention of gambling or sports betting or lotteries. The subject matter included within the terms “gambling” and “sports betting or lotteries” as used herein shall include, without limitation, sports books, tout services, line services, or other such services whose activities are significantly geared to sports betting; casinos; hotels that include gambling establishments; riverboat gambling establishments; Indian gaming establishments authorized under federal Law; and other facilities that house or operate any commercial gambling establishment. The prohibitions set forth in this Section 8.6 shall apply to any form of advertising or promotional messages or materials for any service or establishment mentioned in the immediately preceding sentence, regardless of whether the text, graphic content, video content, and audio content of an advertisement, mention, or promotion of the same contains a specific mention or suggestion of the availability of gambling (provided that this Section 8.6 shall not preclude CBS or any Affiliate from accepting advertising concerning local, state, or national referenda or legislation concerning gambling). CBS also agrees that neither CBS, Network, nor any programming nor production entity affiliated with either of them shall originate any NFL-Based Telecast from any establishment described in this Section 8.6. In no event shall CBS, during any Game Broadcast, or any other NFL-Based Telecast, broadcast or permit Network to broadcast any images depicting, and CBS shall use reasonable efforts to cause any announcer or studio personality not to make any statements or provide any commentary suggesting the basis for or otherwise facilitating, gambling or wagering on the League or its member clubs including, for example, reports on point spreads, over-unders or wagers placed on individual teams or games. For any CBS programming other than NFL-Based Telecasts, CBS may not use any League Controlled Marks or NFL-Based Footage in segments dealing with gambling or sports betting or lotteries, or in connection with any segments sponsored by or which include advertising for any product or service, or include any advertising or promotional spot which depicts or mentions, or includes any reference to, gambling or sports betting or lotteries, or otherwise include NFL-themed segments dealing with gambling or sports betting or lotteries. CBS shall also review with League any elements it contemplates using in NFL-Based Programming which may incorporate statements or commentary that will facilitate gambling or wagering on the League or its member clubs including, for example, reports on point spreads or wagers placed on individual teams or games. CBS shall make such changes as League may specify to address any concerns of League with respect to such elements. CBS shall cause Network and all Controlled Affiliates to comply with, shall use all reasonable efforts to cause its other Affiliates to comply with, and shall not authorize any noncompliance by any Affiliate with, or any variance by any Affiliate from, the provisions of this Section 8.6.