United Kingdom and Republic of Ireland Media Rights Seasons 2014/15-2017/18 The FA Invitation to Tender
United Kingdom and Republic THE FA Cup BROADCAST of ireland Media Rights TOOLKIT 2013-2014 © TThehe football football association association 2 Our Brand Seasons 2014/15-2017/18
Conontentstents
1. Foreword 4.13 Addresses for submission 5.3.2 Match and timeslot selection protocol 4.14 Bidder enquiries and requests 5.3.3 Delayed match selection for The FA Cup 2. Introduction for clarification 5.3.4 Live Programming for FA Cup Draws 4.15 Clarifications of Bids 5.4 Highlights 3. Definitions 4.16 Assessment of Bids 5.4.1 Highlights Programming
4.17 Presentations 5.4.2 Highlight Clip Rights 4. Procedures for Bidding and legal notices 4.18 Action following Bid evaluations 5.5 Near Live Clips Rights 4.19 The FA’s own exploitation 5.5.1 FA Cup and FA Community Shield – 4.1 Deadline for initial Bids FA Cup Package J 4.2 Packages and Media Rights 5. Scope of Media Rights 5.5.2 England Matches – England Package E being tendered 5.5.3 General 4.3 Permitted Delivery Systems 5.1 General Introduction 5.5.4 Sub-Licensing of Near Live Clips 4.4 Territory 5.2 Live Programming 5.6 Sub-Licensing 4.5 Second Party Rights 5.2.1 Live Match Programming 5.7 Territorial Integrity and Digital Rights 4.6 Language 5.2.2 As Live England Match Programming Management (DRM) 4.7 Status of the ITT 5.2.3 FA Cup preliminary competition 5.7.1 Encryption and Geo-blocking 4.8 Costs of Bidding programming 5.7.2 Change in the Regulations 4.9 Advice to Bidders 5.2.4 Live Clip Rights 5.7.3 Digital file transfer 4.10 Amendments to the tender process / 5.3 FA Cup Match Scheduling 5.8 Exclusivity documentation 5.3.1 Potential kick off times for 5.9 Provision of Live Feeds and Production 4.11 Confidentiality FA Cup Matches Requirements 4.12 Submission of Bids
United Kingdom and Republic THE FA Cup BROADCAST of ireland Media Rights TOOLKIT 2013-2014 © TThehe football football association association 3 Our Brand Seasons 2014/15-2017/18
Conontentstents
5.9.1 Live Feeds and other Coverage Schedules 5.9.2 Facilities at grounds 5.9.3 Production Standards Schedule 1 Bid Proforma 5.10 Reserved Rights, Football Rules and Schedule 2 Non-Disclosure Agreement (“NDA”) Regulations and Applicable Law, Schedule 3 Club and FA Holdbacks FA Rights and Club Rights Schedule 4 Distribution Plan 5.10.1 Reserved Rights Schedule 5 Commercial Provisions 5.10.2 Football Rules and Regulations Schedule 6 Broadcaster Support for FA and Applicable Law Properties and Initiatives 5.10.3 FA Rights Schedule 7 Production Standards 5.10.4 Club Rights 5.11 Commercial Provisions APPENDIX 5.12 Copyright Appendix 1 The FA Cup Broadcast Toolkit
5. The Packages Part 1 FA Cup Packages Part 2 England Packages Part 3 Other FA Club Competitions United Kingdom and Republic of ireland Media Rights © The football association 4 Foreword Seasons 2014/15-2017/18
A welcome from the fa Thank you for taking the time to new National Football Centre at St. In this tender document, The FA is read our Invitation to Tender for The George’s Park, a truly outstanding also delighted to include the England FA’s domestic audio visual rights facility that we are confident will U21s and men’s development teams, for the period 2014-18 (“ITT”). We help deliver world class coaching as well as further club competitions appreciate your consideration. to present and future generations of in The FA Youth Cup, The FA Trophy English talent. and the always anticipated season The Football Association is the opener; The FA Community Shield. governing body of all football in Looking ahead from an international England and we are responsible match perspective, we will continue With the above content, we feel amongst other things for: to welcome the finest teams in that we have a truly compelling the world to Wembley, as England offering for our broadcast partners • the long-term development of the play host to top quality friendly - guaranteed audiences and game at all levels, ensuring that opposition. Wembley Stadium the unpredictable drama of live football is available and accessible as a backdrop, coupled with the football. With the developments for everyone to enjoy; ever enduring lustre of the Three in the multi-media landscape • the governance of the game; and Lions, ensures that an England and the evolution of the market international continues to be a technologically, we hope you will • building winning England teams hugely popular event with millions share in our enthusiasm in delivering at all levels. of domestic fans eager to watch. our content to your viewers. We hope In 2013, we have reached a hugely you enjoy reading this ITT and look The FA Cup, with 132 years of significant milestone with the forward to engaging with you on how heritage, pride, passion and tradition, commemoration of our 150th year. we can work together. continues to inspire all as the world’s This presents us with a unique premier domestic cup competition. Alex Horne opportunity to reflect and celebrate Thrilling FA Cup ties are part of the what we have achieved as an General Secretary fabric of English football. Shocks organisation and also to look to the The Football Association and surprises, giant-killing feats, future with a real sense of excitement extra time drama and penalties all and optimism. Our home, Wembley combine in making The FA Cup a Stadium, continues to be a world unique and special competition. leading sports and entertainment We want to continue delivering this venue and has been given the prestigious competition, keeping privilege of again hosting the it exciting and relevant for old and Champions League Final in 2013. new fans alike with the help of our Last year we opened the doors of our broadcast partners. United Kingdom and Republic of ireland Media Rights © The football association 5 Introduction Seasons 2014/15-2017/18
As further detailed in Sections 4 The FA Cup France, Spain and Holland have crowd watched them play Italy at and 5, The FA properties which are already played at the new stadium. Wembley and Stuart Pearce’s current The FA Cup with Budweiser is the the subject of this tender process team have just won their ninth world’s most prestigious domestic Historically, England played are The FA Cup Matches, England international in a row – all without club cup competition. More than Scotland in the world’s first Matches (friendly matches played by conceding a goal. 760 clubs take part over 14 rounds international in 1872. Since then, the the England Senior Team, certain of intense competition in a simple, Three Lions have faced 84 different England also have U20, U19 and U17 England U21 Team matches and knock-out format. This produces 10 countries in more than 900 matches. teams, most of them competing in certain England Development Team months of human interest stories, UEFA and FIFA championships. matches), and certain other FA Club Under the guidance of Roy Hodgson, engaging communities everywhere. Competition Matches. the England set-up continues FA Club Competitions Heroes are born, hopes are dashed to develop into a more fan and The FA Community Shield match – it’s drama all the way to the media-friendly environment – to the is the annual curtain-raiser to the semi-finals and final, all held at benefit of all broadcast partners. domestic season. It pits the Premier Wembley. Bidders should be aware that all League champions against The FA The FA invests a total prize fund of qualification matches for the UEFA Cup winners. It has been played more than £14m in The FA Cup, used European Championship 2016 finals since 1908 and has often filled to reward clubs each time they win a and the FIFA World Cup 2018 finals Wembley since being taken there in tie. This means a smaller club’s FA played by the England national team the 1970s. Cup run can transform its finances. during the Term are excluded from The FA Trophy, a knockout Broadcast fees further transform the this tender process on the basis competition for clubs below Football landscape, setting new horizons for that the relevant rights are being League level, is in its 44th season. Its many competing clubs. marketed centrally by UEFA. Wembley final is a big occasion and England England U21s has attracted more than 50,000 fans. When the England national team England’s under-21 team is a The FA Youth Cup, a competition plays, the world watches. It has the stepping stone to the top. Stars like for clubs’ under-18 teams, was power to unite the nation when it Bryan Robson, Glenn Hoddle and introduced more than 60 years ago plays. Respected the world over, the current captain Steven Gerrard have and was dominated in its early famous Three Lions retains a global all enjoyed success at under-21 level seasons by Manchester United’s fascination. before breaking into the senior team. ‘Busby Babes’. Many superstars of the future have made their mark England international matches are The under-21s were twice crowned in the competition, with players always a huge event, attracting European Champions in the 1980s, of the calibre of George Best, Paul the best opposition to the iconic, reached the European Final again Gascoigne, David Beckham and 90,000-seater Wembley Stadium. four years ago and have featured Michael Owen having played in FA For example, Brazil (twice), Germany, in five other semi-finals. A 55,000 Youth Cup-winning sides. United Kingdom and Republic of ireland Media Rights © The football association 6 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT Capitalised terms used in this ITT shall of the so-called “blocked hours” FA on a Bid Proforma together with the shall have the meanings set out have the meanings set out below or in principle under Article 48 of other information and documentation below or in the text of the document: the text of the document: UEFA’s statutes (or any equivalent, required under Section 4.12 and which successor or replacement provision); otherwise conforms to the requirements “Applicable Law” means all applicable of this ITT; laws, regulations, codes of practice, “As Live Programme” means guidelines, decisions, orders and a programme which includes a “Bid Deadline” means midday local UK decrees throughout the world imposed recording of a Live Match in full and time on Friday 14 June 2013; by law or any competent regulatory without editing which is Transmitted “Bid Proforma” means the proforma on authority (including any broadcasting during the As Live Transmission which all Bids must be submitted as set or communication authority or Window and the expressions “As out in Schedule 1; regulatory body in the Territory); Live” and “As Live Programming” shall be construed accordingly; “Bidder” means any person (or persons “Archive” means (i) such footage if a joint bid) who submit(s) a Bid in of FA Cup matches, FA Community “As Live Transmission Window” accordance with the procedures set out Shield matches, FA Trophy matches, means the period commencing at the in this ITT; FA Youth Cup matches, England Senior final whistle of the relevant Match Team matches, England U21 Team and ending seven days after the final “Billboards” means a full screen matches and England Development whistle of such Match; animated or still sequence with an Team matches, as well as matches accompanying soundtrack Transmitted “Audio Rights” means the right to forming part of other FA competitions, immediately before and immediately transmit audio material describing which were played at any time prior to after the opening and closing titles of any Match or part(s) thereof on a the commencement of the Term which each Programme; live or delayed basis throughout the is wholly owned and/or controlled by world; “Breakbumper” means a full or partial The FA; and (ii) footage of the Matches, screen animated or still sequence upon the conclusion of the Season “Betting Rights” means the right to with an accompanying soundtrack within which the relevant Match was (or to permit any person or company Transmitted immediately before and played; to) record and Transmit the Live immediately after any commercial Programmes and/or Footage on a “Archive Rights” means the right to breaks inserted into any Programme; Live basis within the Territory (i) use and exploit the Archive materials in within betting and/or gambling “Broadcast Sponsorship” means the any and all media throughout the world; shops via closed circuit TV, and/ sponsorship by any person(s) of the “Article 48 Blocked Hours” means or (ii) on betting and/or gambling Transmission of Programming, and such period(s) from time to time websites which are accessible by promos and trailers therefor, and the during the Term during which the customers behind a payment wall; on air identification of such person(s) Transmission of audio-visual footage in the form of a Broadcast Sponsorship “Bid” means each financial bid for of football matches in the Territory is Designation displayed within: (i) any Package(s) submitted to The prevented as a result of the operation United Kingdom and Republic of ireland Media Rights © The football association 7 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT Billboards; (ii) Breakbumpers; and/ oil rigs, airplanes, cruise ships to produce, Transmit and (where shall have the meanings set out or (iii) other on air messages such and other transportation services, applicable) Simulcast the relevant below or in the text of the document: as squeezebacks, tickers and split within Venues including hospitality Programming; screens within and immediately boxes and suites located within or “Coverage Obligations” means that surrounding such Transmissions adjacent to any Venue and within the Licensee for any Package will subject to The FA’s approval (not private intranet groups and virtual be obliged to produce, Transmit and to be unreasonably withheld or private networks (but excluding the (where applicable) Simulcast the delayed) and guidelines to be right to authorise the Transmission relevant Programming; established under the Media Rights of Programmes on a Designated TV Agreement and the expression Channel to commercial premises on “Designated App” means a software “Broadcast Sponsorship Rights” a Pay or Pay Per View basis); application developed solely for use shall be construed accordingly; on Mobile Devices which delivers “Commercial Partner(s)” means audio-visual content to particular “Broadcast Sponsorship any person appointed as a sponsor, Mobile Devices and has been Designation” means the official supplier and/or licensee of any approved by The FA for use on such broadcast sponsorship designation(s) member of the FA Group or any Mobile Devices; approved by The FA from time other person to whom any member to time (such approval not to be of the FA Group has granted rights “Designated Channel Website(s)” unreasonably withheld or delayed) in respect of any Matches, events, means the official Internet website(s) for use by a Licensee in connection rights and properties owned and/or of a Designated TV Channel which with the exercise of the Broadcast controlled by any member of the FA is/are (i) owned and controlled by the Sponsorship Rights; Group during the Term; relevant Licensee; (ii) accessible by the general public within the Territory “Clip Rights” means the right to “Conditionality Requirements” via a URL and IP address; and (iii) Transmit edited extracts of Footage means any requirement specified approved by The FA; and/or Archive in Programming, on within any Package whereby that air promos and trailers and/or clip Package can only be the subject of a “Designated Clip Website(s)” means packages, as set out at Section 5.2.4 Bid if the Bidder also submits Bids the website(s) that is/are (i) owned in respect of the Live Packages, for other Package(s); and controlled by the Licensee; (ii) and Section 5.4.2 in respect of the branded via the URL and/or the look “Content Utilisation Plan” means Highlights Packages; and feel of the user interface is in a plan which details the proposed the style of the Licensee; and (iii) “Closed Circuit Rights” means the exploitation of Media Rights within approved by The FA; right to record, edit and Transmit the Territory should the Bidder be the Programmes and/or Footage by appointed as a Licensee; “Designated Mobile Service” means means of any closed circuit delivery a Mobile Content Service in respect “Coverage Entitlements” means system to closed user groups of which the content is owned and that the Licensee for any Package such as hotels, restaurants, bars, controlled by the Licensee through will be entitled (but not obliged) educational institutions, hospitals, which the Licensee makes available United Kingdom and Republic of ireland Media Rights © The football association 8 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT its programming by means of Mobile antennae systems operated on an “England Senior Friendly Match” shall have the meanings set out Delivery to users of suitable Mobile “Intermediate Frequency” basis means each friendly Match (home below or in the text of the document: Devices and in respect of which the commonly referred to as “SMATV or away) played by the England look and feel of the user interface I.F.”) for the purpose of viewing that Senior Team during the Term which is in the style of the Licensee, and programme service at that place of is included in England Package A which has been approved by The FA; reception; and England Package C (inclusive), excluding in all cases so called “Designated Service” means “EEA” means the countries in the “England “B” International matches; a Designated TV Channel, a European Economic Area from time Designated Channel Website, a to time and Switzerland; “England Senior Team” means the Designated Mobile Service and/or a men’s association football team which “England Development Team” Designated App, as the context so represents England at the highest means each England men’s U20, U19 requires; senior international level; and U17 teams and each England “Designated TV Channel” means disability team; “England U21 Team” means the a linear channel programme service men’s association football team “England Development Team consisting of a sequence of regularly which represents England at under 21 Match” means each England scheduled daily programming for international level; Development Team home match reception and viewing by all viewers played during the Term; “England U21 Team Match” means of that channel in the same order each England U21 Team home at the same time, which has been “England In-Match Clips Window” qualification match played during the approved by The FA; has the meaning set out in Section Term, each England U21 Team home 5.5.2; “Distribution Plan” means the plan friendly match played during the Term to be submitted with a Bid which “England Match” means (i) each and each England U21 Team away must address each of the matters set England Senior Friendly Match friendly match played during the Term out in Schedule 4; played during the Term and/or (ii) to the extent that a Live Feed for such each England U21 Team Match match is available to The FA; “Draw Programme” means a played during the Term and/or (iii) programme which comprises of a “FA Branded Channel” means each England Development Team Live uninterrupted Transmission of TheFA.com and other FA branded Match played during the Term, an FA Cup Draw in its entirety; channels, platforms and media players in each case which is included in whether existing as at the date of this “DTH” means the reception of a England Packages A to E (inclusive) ITT or at any time during the Term, television programme service the set out in Section 6, Part 2; howsoever delivered (including by signal for which is transmitted “England Post-Match Clips TV Delivery, Internet Delivery and/or directly from a satellite to a satellite Window” has the meaning set out in Mobile Delivery); dish at the place of reception Section 5.5.2; (including for clarity, satellite master United Kingdom and Republic of ireland Media Rights © The football association 9 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT “FA Club Competition Match(es)” Qualifying Competition (i.e. all rounds those Matches form a part; shall have the meanings set out means each match which is played up to the first round proper)); “FA Trophy” means the men’s below or in the text of the document: during the Term and which is “FA Cup Post-Match Clips Window” football competition known as The included in the FA Club Competition has the meaning set out in Section 5.5.1; FA Challenge Trophy Competition Package set out in Section 6, Part or any successor or replacement 3 in respect of The FA Community “FA Cup Replay” means each replay of competition therefor which may be Shield, The FA Trophy and The FA an FA Cup Match which is played during introduced organised and staged by Youth Cup; the Term where the first FA Cup Match The FA under The FA’s ownership proper results in a draw; “FA Community Shield” means the and control at any time during the men’s football competition known “FA Cup Round” or “Round” means Term; as The FA Community Shield or any each round of The FA Cup (beginning “FA Youth Cup” the men’s youth successor or replacement match(es) with round 1 proper) and including football competition known as The therefor which may be introduced, rounds 1 to 6 inclusive, the semi finals FA Youth Challenge Cup Competition organised and staged by The FA and the final and for the purposes of or any successor or replacement under The FA’s ownership and this Agreement each of rounds 1 to 6 competition therefor which may be control at any time during the Term; shall be deemed to commence with the introduced organised and staged by first match played in the round on a “FA Cup” means the men’s football The FA under The FA’s ownership Friday evening or (if there is no Friday competition known as The Football and control at any time during the evening match) on Saturday lunchtime Association Challenge Cup or Term; and end at midnight (London time) on any successor or replacement the immediately following Sunday or (if “Fixed IPTV Delivery” means competition therefor which may be any match is scheduled for the Monday the delivery or provision of access introduced, organised and staged by evening) Monday; to broadcast quality television The FA under The FA’s ownership programming to viewers using and control at any time during the “FA Group” means The FA, any Internet protocol by means of an Term; company which is a parent undertaking encrypted private (or virtual private) of The FA, any company which is a “FA Cup Draw” means the draw for or closed user group network subsidiary undertaking of The FA and each FA Cup Round; or networks (located within the any company which is a subsidiary Territory) over a fixed (wired) “FA Cup In-Match Clips Window” undertaking of any parent undertaking telecommunications system using has the meaning set out in Section of The FA, including Wembley National DSL technology, or a fixed (wired) 5.5.1; Stadium Limited, National Football cable television system in each Centre Limited and FA Learning Limited; “FA Cup Match” means each match case situated within the Territory which is played during the Term in “FA Properties” means the Matches and in relation to which decoding The FA Cup from the start of the first and, where applicable, The FA Cup, FA equipment is required by viewers to round proper (therefore excluding Community Shield, the FA Trophy and gain access to such programming; any match played in The FA Cup the FA Youth Cup competitions of which United Kingdom and Republic of ireland Media Rights © The football association 10 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT “Fixed Media Rights” means the equipment for the reception of such demand the viewer is connected (for shall have the meanings set out right to record, edit and store or Transmission; example by means of an on-screen below or in the text of the document: otherwise incorporate Footage on button or menu) to an interactive “Highlights” means a Transmission any physical and tangible media service for the provision of specific of an edited recording of a Match (or now known or hereafter developed Footage or data concerning the series of Matches) made during the for sale or hire to the general public relevant Match and/or, subject to the relevant Highlights Window; for home use or for use as a premium prior written approval of The FA, item including without limitation “Highlights Packages” means additional services or facilities for VHS cassettes, DVDs, HDVDs, the packages of Media Rights to making commercial transactions, and Blu-Ray discs, CD-Roms, datacards, Matches which are set out in Section the expression “Interactive Service(s)” PSPs and laser discs; 6 consisting of: FA Cup Package shall be construed accordingly; I, England Packages C and D and “Fixture List” means the list “Internet” means the system making the FA Club Competitions Package, published annually by The FA which use of TCP/IP software protocols or any of them as the context so states the dates on which Matches known as the internet or the worldwide requires; are scheduled to be played, as the web whatever the communication(s) same may be revised from time to “Highlights Programme” means links may be which connects the time by The FA; a programme which comprises user (including without limitation an uninterrupted Transmission by way of fixed, mobile, DSL, ISDN, “Footage” means audio-visual and/ of Highlights where the duration UMTS, WiMax or other broadband or visual material depicting any of the featured Match(es) is as links) including any developments in Match or part(s) thereof; stipulated in FA Cup Package I, such protocols or any other protocols “Football Regulations” means England Packages C and D, or The which may be developed which give the statutes, rules, regulations, FA Club Competitions Package (as equivalent, reduced or enhanced directions, orders, decisions and applicable); functionality compared with such measures from time to time during protocols; “Highlights Window” means the the Term of: (i) The FA; and (ii) FIFA, relevant window set out in each of FA “Internet Delivery” means the delivery UEFA or other superior football Cup Package I, England Packages C or provision of access to audio and/ governing bodies to which The FA, and D and the FA Club Competitions or visual material for reception and any Match or any team participating Package during which the rights in viewing in an intelligible form using in a Match are subject; respect of Highlights granted in such the Internet by means of either: “Free” means an unencrypted Packages may be exploited; (i) Wireless IPTV Delivery; or Transmission which is provided to “Interactive Rights” means the viewers free of any fee or charge (ii) a website that is owned and right to deliver or provide access whatsoever save for any statutory controlled by a Licensee and which is to viewers of Transmissions with licence fee or government taxes accessible by the general public within interactive capabilities whereby in for the right to install and use the Territory via a URL and IP address response to an individual viewer’s United Kingdom and Republic of ireland Media Rights © The football association 11 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT but excluding, for the avoidance clean effects and with replay wipe “Media Rights” means the rights set shall have the meanings set out of doubt, TV Delivery and Mobile but without graphics or credits, out in Section 5 of this ITT; below or in the text of the document: Delivery; which (save for feeds of FA Cup “Media Rights Agreement” means Draws) complies with the minimum “Licensee” means any person who a legally binding agreement entered productions standards specified in makes a successful Bid for any into by and between The FA and Schedule 7; and (iv) (save for feeds of Package(s) and enters into a legally a Licensee for the grant of Media FA Cup Draws) commences at least binding media rights agreement with Rights in respect of any Package(s) ten (10) minutes prior to kick off and The FA in respect of such Package(s); which are the subject of this ITT; continues uninterrupted until at least “Listed Events Legislation” five (5) minutes after the final whistle “Mobile Broadcast Technology” means the Broadcasting Act 1996 of the Match; means each wireless standard as amended by the Television or technology for the broadcast “Live Packages” means the Broadcasting Regulations 2000, the of audiovisual images to Mobile packages of Media Rights to Communications Act 2003 and any Devices including, Digital Video Matches which are set out in Section other related legislation; Broadcasting-Handheld (DVB-H), 6 consisting of: FA Cup Package Digital Audio Broadcasting (DAB), “Linear” means a Transmission A1, FA Cup Package A2, FA Cup Digital Multimedia Broadcasting intended for simultaneous reception Package B1, FA Cup Package B2, FA Terrestrial (DMB-T), Digital by all viewers of such Transmission Cup Package C, FA Cup Package D, Multimedia Broadcasting-Satellite at the same time; FA Cup Package E, FA Cup Package (DMB-S), Integrated Services Digital F, FA Cup Package G, FA Cup “Live” means a live and Broadcasting-Terrestrial (ISDB-T) Package H (together the “FA Cup simultaneous Transmission; and Qualcomm’s MediaFLO Live Packages”), England Package A, technology; “Live Feed” means a continuous live England Package B and the FA Club HD programme feed of the entirety Competitions Package, or any of “Mobile Communications of a Match (or, where applicable, FA them as the context so requires; Technology” means any mobile Cup Draw) which: (i) is produced wireless technology with radio “Live Programmes” means a in 16:9 aspect ratio and is of first frequency spectrum in any band programme which comprises a class technical quality suitable for to enable or facilitate the delivery Live uninterrupted Transmission international broadcast; (ii) shall of, inter alia, audiovisual content of a Match or an FA Cup Draw (as be free from commercial breaks; to Mobile Devices for reception applicable) in its entirety; (iii) shall consist of a clean signal and viewing in an intelligible form with split audio tracks for stereo “Match(es)” means the FA Cup including wireless technology international (background) sound Matches, the England Matches employed in General Packet Radio and fully cleared English language and/or the FA Club Competitions Services (GPRS), the Global System commentary for transmission Matches, and each such match being for Mobile Communications (GSM), or for use as a guide track with an individual “Match”; United Kingdom and Republic of ireland Media Rights © The football association 12 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT High-Speed Circuit-Switched Data developed) which is primarily “Near Live Clips Packages” means, shall have the meanings set out (HSCSD), EDGE, 3GPP Long Term designed or adapted to be capable (i) in respect of FA Cup Package J, below or in the text of the document: Evolution (LTE) or Fourth Generation of being used while in motion and the FA Cup In-Match Clips, FA Cup (4G), Code Division Multiple Access which when connected to a mobile Post-Match Clips and Online FA (CDMA), Wideband Code Division communications network uses Cup Clips (each as set out in Section Multiple Access (W-CDMA), Time Mobile Communications Technology 5.5.1); and (ii) in respect of England Division Multiple Access (TDMA), in order to send and receive voice Package E, the England In-Match Wireless Application Protocol and data (including audio and Clips, England Post-Match Clip and (WAP) and the Universal Mobile audiovisual content); the Online England Clips (each as set Telecommunications System out in Section 5.5.2), or any of them “Mobile Operator” means (UMTS) and their related or as the context so requires; any person offering electronic derivative systems and services or communication services via Mobile “Near Live Long Form Rights” any combination of them; Communications Technology and/ means the right to Transmit FA “Mobile Content Service” means or Mobile Broadcast Technology Cup Match(es) in full without any any multi media content service for subscribers or users of its editing where (i) the applicable (including audio and/or visual services including any mobile virtual Transmission commences after the material) provided by a Mobile network operator (MVNO) or reseller conclusion of the Match in question; Operator to users by means of Mobile offering electronic communication and (ii) such FA Cup Match has not Communications Technology and/or services via Mobile Communications been selected for Live Transmission Mobile Broadcast Technology; Technology and/or Mobile Broadcast by any Licensee in the Territory; Technology under its own name, but “Mobile Delivery” means the “NDA” means the non-disclosure on the basis of a network provided delivery or provision of access to agreement set out in Schedule 2; by and/or using services offered by a audiovisual material for reception third party; “Online England Clips Window” and viewing in an intelligible form has the meaning set out in Section on a Mobile Device where the “Near Live Clips” means, (i) in 5.5.2; communication link(s) used in such respect of FA Cup Package J, the delivery comprise(s), at least in part, FA Cup In-Match Clips, FA Cup “Online FA Cup Clips Window” has Mobile Communications Technology Post-Match Clips and Online FA the meaning set out in Section 5.5.1; and/or Mobile Broadcast Technology Cup Clips (each as set out in Section “Package(s)” means the packages but excluding, for the avoidance 5.5.1); and (ii) in respect of England of Media Rights to Matches which of doubt, TV Delivery and Internet Package E, the England In-Match are set out in Section 6 consisting Delivery; Clips, England Post-Match Clip and of: the Live Packages, the Highlights the Online England Clips, (each as “Mobile Device” means any Packages and the Near Live Clips set out in Section 5.5.2), or any of handheld portable personal device Packages or any of them as the them as the context so requires; (whether now known or hereafter United Kingdom and Republic of ireland Media Rights © The football association 13 Definitions Seasons 2014/15-2017/18
Capitalised terms used in this ITT context so requires; Programmes, As Live Programmes, penetration, audience, channel shall have the meanings set out Highlights Programmes and Clip positioning, brand and reputation “parent undertaking” means a below or in the text of the document: Programmes; and the expression is considered to be the secondary parent undertaking as defined in “Programming” shall be construed channel of the Bidder; section 1162 of the Companies Act accordingly; 2006; “Simulcast” means the simultaneous “Public Screening Rights” means streaming within the Territory of “Pay” means an encrypted the right to Transmit any Programme any Live Programme, Highlights Transmission of Programming by on a screen or screens Programme or Draw Programme means of any Permitted Delivery which is Transmitted on a System(s), access to which is in any place other than a private Designated TV Channel by means provided to viewers on a subscription residence and to admit the general of TV Delivery, by means of Internet basis excluding Pay Per View; public to such place to view the Delivery via the Designated Channel Programme on a paid or invited basis; “Pay Per View” means any Website(s) and/or by means of Mobile encrypted Transmission of “Regulations” means Applicable Delivery via the Designated Mobile Programming by means of any Law and the Football Regulations; Service on a Free, Pay or Pay Per Permitted Delivery System(s) access View basis; “Season” means the period which to which is restricted to users who commences on the date of the first “subsidiary undertaking“ means have agreed to pay a specific fee Match in the relevant season as a subsidiary undertaking as defined or charge for the right to view such scheduled in the Fixture List, and in section 1162 of the Companies Act Transmission whether on a stand ends on the date of the last Match of 2006; alone basis or as part of package or the relevant season as scheduled in series of Transmissions; “Term” means in respect of each of the Fixture List; the Packages and Matches the period “Permitted Delivery System” shall “Second Party Rights” means all beginning on 1st August 2014 and have the meaning set out in Section media rights (including Transmission ending on 31st July 2018 together 4.3 of this ITT; rights) within the territory or comprising the four football seasons “Primary Channel” means in territories of the relevant opposing 2014/15, 2015/16, 2016/17 and relation to any Bidder who owns and/ national association to each England 2017/18; or operates more than one channel Match, and the expression “Second “Territory” means (i) the United programme service, the channel Party Territory” shall be construed Kingdom of Great Britain and which through a combination of accordingly; Northern Ireland, Channel Islands, penetration, audience, channel “Secondary Channel” means in the Isle of Man and British Forces positioning, brand and reputation is relation to any Bidder who owns and/ Bases overseas; and (ii) the Republic considered to be the primary channel or operates more than one channel of Ireland (subject to footnote 1); of the Bidder; programme service, the channel “Programmes” means Live which through a combination of United Kingdom and Republic of ireland Media Rights © The football association 14 DEFINITIONS Seasons 2014/15-2017/18
“The FA” means The Football in an intelligible form by means programming to viewers using Association Limited (company of satellite DTH television, cable Internet protocol by means of an registration number 77797) whose television, digital terrestrial television encrypted private (or virtual private) registered office is at Wembley and/or Fixed IPTV Delivery, but or closed user group network or Stadium, Wembley, London HA9 0WS; excluding, for the avoidance of networks located within the Territory doubt, Internet Delivery and Mobile over a wireless system (including “Transmission” means any Delivery; but not limited to Wi-Fi (802.11) and transmission, broadcast or other WiMAX (802.16)) situated within exhibition of audio-visual material; “Venue” means the stadium and/or the Territory and in relation to which and the expressions Transmit and ground where any Match is staged decoding equipment is required Transmitted shall be construed and played; by viewers to gain access to such accordingly; “VOD” means a Transmission, programming. “Transmission Window” means whether on a stand alone basis or The FA reserves the right to the As Live Transmission Window, as part of a package or series of modify any definition used in the Highlights Window, the FA Cup Transmissions, made upon request this ITT within any Media Rights In-Match Clips Window, the FA Cup of and at a time designated by an Agreements. Post-Match Clips Window, the Online individual user, but excluding any FA Cup Clips Window, the England Live Transmission; In-Match Clips Window, the England “Wireless IPTV Delivery” means Post-Match Clips Window and the the delivery or provision of access Online England Clips Window, and, to broadcast quality television in relation to any other Programming, the period during which the Licensee is entitled to Transmit the same, as set out in Section 5 and/or the applicable Package; “TV Delivery” means the delivery or provision of access to audiovisual material for reception and viewing Procedures for Bidding and legal notices United Kingdom and Republic of ireland Media Rights © The football association 16 Procedures for Bidding and legal notices Seasons 2014/15-2017/18
1 The FA has already entered into agreements 4.1 Deadline for initial Bids In this way The FA considers that reserves the right to enter into a in relation to its media rights outside of Bids must be submitted by no later it is making its properties available tender process and/or separate the Territory, and may enter into further agreements during the Term. In particular, than the Bid Deadline, midday on to the domestic market place on the agreement(s) in respect of such The FA intends to tender audio-visual rights Friday 14 June 2013. widest possible basis admitting matches. for exploitation in the Republic of Ireland Bids from all sectors of the market which are substantially similar to the Media Bidders are reminded that all Bid 4.3 Permitted Delivery Systems including platform operators, service Rights offered in this ITT which will allow submissions need to be made in Each Package is in general being for the retransmission of (an) additional Live providers (in both traditional and accordance with the requirements set made available for exploitation by Feed(s) of (an) FA Cup Match(es) in Rounds new media broadcast) and agencies. 1-5 (inclusive) which kick off on a Saturday out in Section 4.12. means of three separate delivery at 3pm which may be Transmitted Live in the Full details of the Media Rights the systems, namely: (i) TV Delivery; Republic of Ireland. All times referenced will refer to local subject of this ITT are provided in (ii) Internet Delivery; and (iii) Mobile UK time. Section 5 and full particulars of Delivery (each of which shall be a 4.2 Packages and Media Rights each of the Packages are set out in “Permitted Delivery System”). As an being tendered Section 6. Please note that Near Live exception to this, Bidders should note The FA properties which are the Long Form Rights in the Territory that the Near Live Clip Packages are subject of this tender process are: (i) are not included in this ITT. The FA only being available for exploitation The FA Cup Matches; (ii) the England may issue a separate invitation to by means of Mobile Delivery and Matches (England Senior Team, tender for the Territory and/or enter Internet Delivery (as further detailed England U21 Team and England into separate agreements for the at Section 5.5 below). Development Teams) excluding the grant of any of the Near Live Long The primary rights the subject of Second Party Rights (see Section 4.5 Form Rights in the Territory to third any Bid are the TV Delivery rights below); and (iii) certain other FA Club parties. (unless such Bid relates solely to a Competition Matches. Please note that The FA has entered Near Live Clips Package), Bidders These three FA properties have been into or will be entering into separate who wish to exploit Media Rights separated into live and delayed rights agreements for the Term in relation by means of Internet Delivery and/ making up a total of 18 Packages. to: (i) similar media rights outside or Mobile Delivery should note the Each Package is made available for of the Territory ; (ii) audio rights provisions of Section 5.7.2. the Term. for the Territory; (iii) archive and 4.4 Territory technical rights and services; and (iv) Bidders should be aware that all The territory for this ITT is: (i) the production services. qualification matches for the FIFA United Kingdom of Great Britain and World Cup and the UEFA European Bidders should also note that the Northern Ireland, Channel Islands, Championship finals played by the England women’s (senior and the Isle of Man and British Forces England Senior Team during the Term development) and FA women’s Bases overseas; and (ii) the Republic are excluded from this tender process competition matches played during of Ireland (subject to footnote 1). Any on the basis that the relevant rights the Term are also excluded from Bidder who wishes to bid only for are being marketed centrally by UEFA. the scope of this ITT, and The FA any Package in respect of either: (i) United Kingdom and Republic of ireland Media Rights © The football association 17 Procedures for Bidding and legal notices Seasons 2014/15-2017/18
the United Kingdom of Great Britain 4.7 Status of ITT contemplated under Section 4.10 and Northern Ireland, Channel This ITT is intended solely to advise below) be liable for any costs, Islands, the Isle of Man and British and inform prospective Bidders of expenses or losses however incurred Forces Bases overseas only, or (ii) The FA’s desire to receive Bids and by any Bidder or any other persons the Republic of Ireland, as opposed set out The FA’s ITT process. who have contributed to a Bid. to the whole Territory, should note This ITT does not, and is not 4.9 Advice to Bidders this in their Bid. intended to, constitute a contract or Bidders are reminded: 4.5 Second Party Rights an offer which is in any way capable • of the requirement to satisfy Bidders should note that Second of acceptance by any Bidder. all and any Conditionality Party Rights are excluded from the The information set out in this Requirements set out in the scope of this ITT. ITT is in summary form and does Packages the subject of the Bid; Bidders for Packages containing not purport to contain complete • of the requirement to complete England Matches should note descriptions of the arrangements and submit the Bid Proforma in that where the opposing national relating to the Media Rights or the accordance with the instructions association is the Scottish terms and conditions affecting the set out therein; Football Association, the Football exercise of the same. • of the requirement to prepare and Association of Wales, the Irish No reliance should (or may) be placed submit a Distribution Plan; Football Association, or the Football on any information contained in • of the requirement for compliance Association of Ireland (or any this ITT (nor any later clarifications with: (i) the commercial provisions replacement or successor to any of or documents or other information specified in Schedule 5; (ii) the the foregoing associations), such supplied in connection with the ITT support for FA Properties and opposing national association process). The FA does not make any initiatives set out in Schedule 6; shall be entitled to exploit and/or representation or warranty (whether and (iii) the production standards to authorise third parties to exploit express or implied) and no liability specified in Section 5.9.3 and media rights (including, without is accepted by The FA or its advisers Schedule 7; and limitation, rights similar to those as to the accuracy, adequacy or • to fulfill the other requirements of set out in this ITT) to the applicable completeness of such information. The FA set out in this ITT. England Matches both within and (where the relevant Match is an away 4.8 Costs of Bidding Bidders England Senior Friendly Match) are liable for their own costs and Bidders should also note that: (i) outside the Territory. expenses in submitting a Bid and The FA will require assurances participating in any subsequent as to the financial standing and 4.6 Language part of the tender process. The creditworthiness of each Bidder Transmission rights will be granted FA will not in any circumstances in the English language only. (including without limitation those United Kingdom and Republic of ireland Media Rights © The football association 18 Procedures for Bidding and legal notices Seasons 2014/15-2017/18
and The FA reserves the right in ITT or the conditions that apply to parties. The FA will not, however, its absolute discretion to require the exercise of the Media Rights; (v) disclose the identity of the Bidder security for payment of the fees and/ modify the Term; (vi) withdraw from alongside such non Business or performance of obligations by way any negotiations in respect of any Confidential Information save with of bank guarantees, parent company Bid; and/or (vii) request that Bidders the consent of the relevant Bidder. performance and/or payment submit further Bids in additional 4.12 Submission of Bids guarantees or other forms of security rounds. in a form acceptable to The FA. • Bid Proforma – All Bids must be 4.11 Confidentiality Bidders should not bid if they are submitted on the Bid Proforma In accordance with Section 4.12, unable to subsequently provide such as set out in Schedule 1, and each Bidder will be required to sign guarantee(s) upon request from The comply with the instructions and and return the NDA to The FA at the FA; and (ii) if a joint or consortium requirements further specified same time as submitting their Bid. Bid for a Package is successful, The in that Schedule. All Bidders FA reserves the right to (a) require Subject to disclosure to its advisers must submit a single monetary each of the Bidders to enter into for the purposes of assisting The amount against each Package the separate Media Rights Agreements FA in carrying out the ITT process, subject of a Bid (save for joint or reflecting the agreed split of Media The FA will keep confidential any consortium Bids which must in Rights; and/or (b) require each of the “Business Confidential Information” addition clearly indicate all parties Bidders to accept joint and several supplied to it. Any of The FA’s to the Bid in the Bid Proforma, liability for the obligations of the advisers will be subject to the and the respective financial other Bidder(s) forming part of the same confidentiality requirements contributions of each such party joint and/or consortium Bid. of The FA. “Business Confidential to the financial offer expressed in Information” will include the the Bid). The FA reserves the right to reject financial elements of any Bid and any any Bid that does not meet the information relating to the business • Financial requirements – All requirements of this ITT. or affairs of the Bidder which is Bids must set out a fixed financial 4.10 Amendments to the tender not in the public domain which offer for the applicable Package(s) process / documentation the Bidder reasonably states and – The FA reserves the right to The FA reserves the right in its The FA accepts as being business reject any Bids that are conditional absolute discretion at any stage confidential in nature. or variable upon a particular to: (i) abandon this ITT; (ii) launch condition or event occurring The FA will not in any circumstances an additional or modified tender or being satisfied. All financial consider as confidential any element process in respect of all or any of amounts must be expressed in of a Bid other than Business the Packages; (iii) amend the Bid pounds sterling representing the Confidential Information and The Proforma (iv) withdraw or amend total monetary amount payable FA shall be entitled to disclose any any of the Packages; (iv) modify the over the Term, exclusive of VAT or elements which are non-Business definition of any term used in this other applicable sales or turnover Confidential Information to third United Kingdom and Republic of ireland Media Rights © The football association 19 Procedures for Bidding and legal notices Seasons 2014/15-2017/18
taxes or duties. The FA will audited accounts of the Bidder 0WS marked “Stuart Turner – Group require a 10% up-front payment and all members of the Bidder’s Commercial Director, Private and of the total fees to be made by Group for the last three years Confidential”. Bidders submitting each Licensee on signature of and the latest set of interim or soft copies must submit the Bid by the Media Rights Agreement, the management accounts; and (iv) the Bid Deadline by sending Bids to remainder of the fees payable a detailed description of any [email protected]. The FA shall be spread equally over the partnerships, joint ventures will send an acknowledgement of Term, payable in three annual or similar relationships of any receipt of all electronic submissions. installments on 1st August, 1st nature between the Bidder (or any 4.14 Bidder enquiries and requests December and 1st March in each member of the Bidder’s Group for clarification contract year, or such earlier dates or any associated company) and The following FA personnel will as requested by the Licensee. any other undertaking involved in be available to Bidders throughout media production or broadcasting the tender process to answer any of any nature or other interest • Distribution Plan – Bidders must queries or address any clarifications or arrangement which may be submit a detailed Distribution regarding any aspect of this ITT or relevant to this process. Plan with their Bid setting out the tender process: the methodologies by which each Bidder will exercise and exploit • Non Disclosure Agreements Stuart Turner the Media Rights the subject of – All Bidders must submit a Group Commercial Director the Bid within the Territory which signed NDA (including in the case The Football Association must address each of the matters of joint Bidders a separate NDA Tel: +44 (0) 844 980 8200 # 4877 set out in Schedule 4. from each Bidder) in the form Fax: +44 (0) 844 980 0684 set out in Schedule 2 with their Mobile +44 7966 398 152 e-mail: [email protected] • Supporting materials – Bidders Bids. A soft copy of the NDA is should submit the following available on request via e-mail to Mark Shannon documentation with their Bid: Mary Guest (see contact details in Head of Broadcast (i) copies and sources of any Section 4.14). The Football Association research or evidence used by Tel: +44 (0) 844 980 8200 # 4565 the Bidder to support its Bid; 4.13 Addresses for submission Fax: +44 (0) 844 980 0684 (ii) full details of the Bidder’s Bidders are invited to submit Bids Mobile: +44 (0) 794 387 5132 corporate structure, ultimate in either hard or soft copy. Bidders e-mail: [email protected] holding company and other submitting hard copies must submit group companies (the “Bidder’s 5 hard copies of the Bid by the Bid Group”) and the ownership Deadline by hand and/or courier structure of such companies; to The FA’s reception at Wembley (iii) a copy of relevant company Stadium, Wembley, London HA9 CLARIFICATION United Kingdom and Republic of ireland Media Rights © The football association 21 CLARIFICATION Seasons 2014/15-2017/18
All requests for clarification should co–operate promptly and fully with and/or meetings that The FA may be made via e-mail and also copied The FA in this regard and to provide require, The FA may in its absolute to The FA’s Legal Department, FAO any requested clarifications and/or discretion announce the award (subject Mary Guest (mary.guest@TheFA. information in writing in accordance to contract) of an individual Package com). with the timeframe stipulated by or Packages to the successful Bidder(s) The FA. after the first round of Bids. The FA shall also endeavour to ensure that the above individuals 4.16 Assessment of Bids Should The FA not be in a position are available for a single one hour The FA will assess each Bid upon to award an individual Package or meeting with each Bidder at Wembley receipt. For the avoidance of doubt, Packages following the first round Stadium prior to the Bid Deadline, to The FA is not under any obligation to Bids it may, for example, in its absolute discuss any queries or address any accept the highest financial Bid (or discretion (without prejudice to the clarifications regarding any aspect indeed any Bid) for any individual generality of Section 4.10) engage in of this ITT or the tender process. Package or combination of Packages any of the following: Any such meeting shall be arranged and shall be free in its absolute • invite additional rounds of bidding upon the request of a Bidder (to discretion to select the Bidders which for any or all of the individual be submitted to the above email most successfully fulfill its objectives Packages. The FA will issue addresses) at a time to be agreed with and requirements. instructions for the process and The FA. Bidders are requested to The FA in its absolute discretion may timetable for any additional rounds provide as much notice as possible of reject any Bidder at this stage of the of bidding, which may include an any request for such a meeting. process (or at any subsequent stages) auction process. Please note that the The FA reserves the right to copy any and will be under no obligation to financial elements of Bids placed responses to clarification requests give reasons for such decisions (or in a previous round of Bidding will that it makes to all prospective any other decisions made pursuant to still apply unless the inventory Bidders. Where it does so The FA the ITT process). contained within that Package has will maintain the anonymity of the been altered by The FA; 4.17 Presentations enquirer if this process is used. If Following the assessment process, you wish to be provided with a copy The FA will decide in its absolute • eliminate certain Package options of such clarification requests, please discretion whether to invite any or Conditionality Requirements to notify us using the contact details set Bidder(s) (and if so which Bidder(s)) enable better comparison between out above. to make a presentation of its Bid to a individual Bids; 4.15 Clarifications of Bids panel at Wembley Stadium. • refine or modify Packages to enable Following receipt of Bids, The FA may a more compatible set or package of 4.18 Action following Bid ask Bidders to provide clarification rights to be offered to the market and evaluations and/or further information in invite new Bids for the same; and/or Following a period of evaluation and respect of any aspect(s) of their • decide to remove any individual any further requests for clarification Bids. Bidders will be expected to Package from sale. United Kingdom and Republic of ireland Media Rights © The football association 22 CLARIFICATION Seasons 2014/15-2017/18
Following the completion of the final Successful Bidders will then be accordance with the production round of bidding for any individual sent a draft long-form Media Rights standards specified in Section Package, The FA shall notify the Agreement (based on The FA’s 5.9.3 and Schedule 7); successful Bidder(s) of the award standard form of the same) which will (subject to contract) of that Package reflect the terms of the MOU, which • a requirement to indemnify The and confirm in writing the key terms shall form the basis of the resulting FA against any loss or damage of their Bid that has been accepted by period of contract negotiation. Any suffered by The FA as a result of: The FA in the form of a memorandum draft agreement supplied by a Bidder (i) the Licensee’s breach of the of understanding (“MOU”). As part will be rejected. Negotiations shall commercial provisions specified of the MOU process the successful not (unless otherwise agreed by The in the first three paragraphs of Bidder(s) should note that: FA) exceed 90 days. In the event The Schedule 5; or (ii) the Licensee’s FA and the Bidder have not entered • they may be required to submit breach of the encryption and into a final Media Rights Agreement further information requested geo-blocking requirements set out within such 90 days (or such other by The FA including by way of at Section 5.7.1 and/or the DRM period agreed by The FA) The FA example only a Content Utilisation requirements set out at Section shall be entitled in its absolute Plan (to the extent that The 5.7.3; and discretion to retender the applicable FA requires supplementary Media Rights or to negotiate and/or information on this aspect of the • a right for The FA to terminate enter into a Media Rights Agreement Distribution Plan); and the Media Rights Agreement in with any third party. For the the event that: (i) the applicable avoidance of doubt the grant of Media Licensee fails to comply with • The FA reserves the right Rights to a successful Bidder(s) is its Coverage Obligations; or to require the payment of a subject to the finalisation and entry (ii) there is a change of control non-refundable financial deposit into of a Media Rights Agreement. at the start of any period of of the Licensee or any parent exclusivity granted to a successful Bidders should note that material undertaking of the Licensee, or if Bidder to negotiate and/or finalise terms of the Media Rights Agreement the Licensee transfers its assets the Media Rights Agreement. Any shall include (without limitation): or business or a substantial part thereof to a third party without non-refundable financial deposit • where the Licensee is obliged obtaining the prior written required by The FA further to this to record or produce Footage, a approval of The FA. Section 4.18 shall be applied in requirement to indemnify The partial payment of any amounts FA against any loss or damage owed by the Bidder under a signed suffered by The FA as a result of Media Rights Agreement, and the Licensee’s failure to produce shall be deducted from the first the relevant Footage (including a instalment of the applicable rights failure to produce such Footage in fee payable under the same. United Kingdom and Republic of ireland Media Rights © The football association 23 CLARIFICATION Seasons 2014/15-2017/18
4.19 The FA’s own exploitation If The FA does not sell any Package(s), The FA expressly reserves to itself the right in its absolute discretion to: • exploit within the Territory any or all of the rights included in such Package(s) (including for the avoidance of doubt any Live Package) via any Permitted Delivery System, on any platform and on a Free, Pay or Pay Per View basis; or • combine its own exploitation of the rights in such Package(s) with the sale to a third party licensee of an amended Package in the Territory. SCOPE OF MEDIA RIGHTS United Kingdom and Republic of ireland Media Rights © The football association 25 Scope of Media Rights Seasons 2014/15-2017/18
2 Bidders should note that certain Live This Section 5 sets out the scope 5.2.2 As Live Match Programming an Interactive Service up to the Packages require that where a Bidder owns of the Media Rights which will be The Licensee(s) of the Live earlier of: (i) the end of the relevant and/or operates more than one channel programme service then the Designated made available to the Licensee(s) Packages will have the additional Live Programme; or (ii) 30 minutes TV Channel must be the Bidder’s Primary during the Term and the terms right during the Term to make after the final whistle. There is no Channel. and conditions attaching to the As Live Transmissions (i.e. a limit on the length of individual 3 Whilst part (ii) of the Live Rights grant exercise of the same. This Section re-Transmission in full without any clips or the aggregate duration permits simulcasting of the Designated must be read in conjunction with editing whatsoever) of any Match the of clips that can be used on the TV Channel over any number of Permitted Delivery Systems, Bidders should note that Section 6, including in particular subject of the Live Transmission by Interactive Service during this certain Live Packages carry an obligation to those parts of Section 6 which set such Licensee within the Territory as period; Simulcast the Live Programming by means out: (i) the Transmission Windows, follows: (i) up to two times per Match of the Internet on a Designated Channel (ii) in game review rights, meaning Coverage Obligations and Coverage on a Linear basis on a Designated TV Website. the right to use edited highlights Entitlements for each of the Channel, and (ii) on a VOD basis on of the Match the subject of the Packages; and (ii) the permitted a Designated Service, in both cases Live Transmission within and composition (including duration) by means of any Permitted Delivery during the Live Programme for of the Highlights Programming for System and during the period customary match analysis (e.g. at each of FA Cup Package I, England commencing at the final whistle of half time and at full time); Packages C and D and the FA Club the relevant Match and ending Competition Package. seven days after the final whistle of (iii) the right to Transmit via Internet such Match. Delivery on one Designated Clip 5.2 Live Programming Website a single post-match clip 5.2.3 FA Cup preliminary 5.2.1 Live Match Programming package of footage from each competition programming The Licensee(s) of the Live Packages Match which is the subject of Bidders for FA Cup Packages A–H will have the right and/or obligation a Live Transmission. Such clip (inclusive) are encouraged to make during the Term: (i) to record, edit package may be made available proposals in their Distribution Plan and Transmit the Live Programmes from midday on the day following to record, edit and Transmit Footage within the Territory by means of any the relevant Match until the of FA Cup Matches in The FA Cup TV Delivery system on a Designated end of the Season in which Qualifying Competition (i.e. all TV Channel on a Free or Pay basis that Match is played. Each clip rounds up to the 1st Round proper). only (subject to the restrictions in included in such clip package FA Cup Package H in respect of the 5.2.4 Live Package Clip Rights shall be subject to a maximum FA Cup Final); (ii) to Simulcast such The Clip Rights for each Licensee of length of 30 seconds, and the Live Transmission ; (iii) to exercise the Live Packages consist of: aggregate length of such clip the Interactive Rights in such Match package shall be subject to (i) an in game clip service, meaning within and during the Transmission a maximum of 3 minutes per the right to include in the Live of any Live Programming; and (iv) Match; and Programmes edited highlights to exercise the Clip Rights set out in of the Match the subject of the Section 5.2.4. Live Programme by means of United Kingdom and Republic of ireland Media Rights © The football association 26 Scope of Media Rights Seasons 2014/15-2017/18
6 See footnote 2 which also applies to certain (iv) limited additional delayed Day Potential kick off time FA Cup Live Package in question. Highlights Packages. clip rights, meaning: (a) the right Friday 20.00 For example the Licensee for the FA 7 See footnote 3 which also applies to certain to include clips used as part of a Saturday 12.15 Cup Package B1, will be entitled to Highlights Packages. Live Transmission in accordance Saturday 17.15 make its choice of FA Cup Match and 8 The right to use Clips pursuant to paragraph with (i) and (ii) above as part of Sunday 12 00 timeslot only once the selection by 5.4.2 will only apply in relation to those Sunday 14.00 the Licensee for FA Cup Package A1 Matches the subject of the Highlights any re-transmission of its Live Programming. Transmissions pursuant to Section Sunday 16.00 has been confirmed. 5.2.2 above; (b) the right to use clips Sunday 18.00 If The FA is unable to confirm the in on air promos and trailers for Monday 20.00 FA Cup Match selection made by a forthcoming Transmissions of Live 5.3.2 Match and timeslot selection Licensee, the Licensee will be offered Programming; and (c) the right to protocol the opportunity to confirm their use clips in preview programming original FA Cup Match Selection but Transmitted on the Designated TV The Licensee for each FA Cup Live in a different available timeslot or Channel for forthcoming Matches Package in Rounds 1-6 will be to select a different FA Cup Match falling within the category of entitled to choose: (i) the FA Cup from those that remain available in inventory awarded to the relevant Match that they wish to Transmit; its original timeslot selection. This Licensee(s). and (ii) subject always to the process will continue until the FA provisions of Section 5.3.1 above, the 5.3 FA Cup Match Scheduling Cup Match and timeslot selection are timeslot in which they wish to make confirmed by The FA. 5.3.1 Potential kick off times for that Transmission in accordance FA Cup Matches with the Match selection and timeslot After each FA Cup draw, the selection priority that is assigned Licensee(s) for FA Cup Live FA Cup Matches played in to the FA Cup Live Package in Packages must make their Match and Rounds 1-6 of The FA Cup may be question. Please note that The FA timeslot selections regardless of any scheduled in a maximum of eight will allocate the kick-off dates and outstanding outcomes (replays) that (8) potentially available timeslots. times for The FA Cup Semi-Finals, may feature in the draw. The scheduling of FA Cup Matches The FA Cup Final, FA Cup Replays and the availability of the timeslots 5.3.3 Delayed match selections for and any FA Cup Match which is subject to: (i) police advice and/ The FA Cup needs to be replayed as a result of or instruction; (ii) safety and Following the Live match selection any postponement. The selection security issues; (iii) the scheduling process set out in Section 5.3.2 the process for each individual FA Cup of surrounding fixtures for the Licensee(s) of FA Cup Package I (FA Live Package will only commence playing of matches in European club Cup Highlights) will select three following The FA’s confirmation competitions; (iv) the Regulations; additional FA Cup Matches (i.e. The of the selection and scheduling of and (v) any other issue that may FA Cup Matches that have not been the FA Cup Live Package which affect the ability to schedule a selected and scheduled for Live enjoys immediate priority (in terms particular FA Cup Match in a chosen Transmission) for Transmission by of selection and scheduling) to the timeslot. way of extended Highlights (in the United Kingdom and Republic of ireland Media Rights © The football association 27 Scope of Media Rights Seasons 2014/15-2017/18
10 See footnote 2 which also applies to certain manner set out in FA Cup Package Service via any applicable Permitted 5.5.1 FA Cup and FA Community Highlights Packages. I). For the avoidance of doubt the Delivery System during the relevant Shield – FA Cup Package J 11 See footnote 3 which also applies to certain Licensee(s) of FA Cup Package I Highlights Window (provided such The Licensee of FA Cup Package J Highlights Packages. may Transmit highlights from all Highlights Programme is made will have the right during the Term 12 The right to use Clips pursuant to paragraph other FA Cup Matches subject to the available in full without any editing 4.4.2 will only apply in relation to those to record, edit and Transmit Near availability of the Footage. whatsoever, save for the removal Matches the subject of the Highlights Live Clips of FA Cup Matches and FA of any commercial breaks); (iv) to Programming. 5.3.4 Live Programming for FA Cup Community Shield Matches played exercise the Interactive Rights within Draws during the Term (each an “FA Cup and during the Transmission of any Clip Match”) within the Territory on The Licensee(s) of FA Cup Packages Highlights Programming; and (v) to an on demand basis on a Designated A1 and F shall be obliged to produce exercise the Clip Rights set out in Service via Mobile Delivery and a Live Feed of the Draw Programmes Section 5.4.2. Internet Delivery as set out below. included in the relevant Package 5.4.2 Highlight Clip Rights and Transmit such Live Feed in Upon request, such Licensee may be accordance with the Coverage The Clip Rights for the Highlights provided with real-time access to a Obligations set out in FA Cup Package Licensee(s) consist of the feed of each FA Cup Clip Match. Packages A1 or F (as applicable). right to use clips : The clips of each FA Cup Clip Match Such Draw Programmes must (i) in on air promos and trailers for exploited in accordance with (a) to include at least one 30 second forthcoming Transmissions of (c) below may only be Transmitted in vignette supplied by The FA for each Highlights Programming; and the relevant Transmission Window, FA Cup Draw. and must be Transmitted on a (ii) within any Highlights Programme 5.4 Highlights standalone basis and not combined Transmitted pursuant to paragraph with the clips of Footage of any other 5.4.1 Highlights Programming 5.4.1 above for customary match match or event. The Licensee(s) of the Highlights analysis. (a) FA Cup In-Match Clips Packages will have the right and/ 5.5 Near Live Clip Rights or obligation during the Term: (i) to The Licensee of FA Cup Package J record, edit and Transmit Highlights Without prejudice to Section 5.10.2, may Transmit the FA Cup In-Match Programmes within the Territory by Bidders should specifically note Clips (as defined below) via a means of any TV Delivery system that the exploitation of the Near Designated Mobile Service and/ on a Designated TV Channel Live Clips shall be subject always or a Designated App during the during the relevant Highlights to the UEFA regulations for Article FA Cup In-Match Clips Window. Window on a Free or Pay basis; (ii) 48 Blocked Hours. No clip of any Such FA Cup In-Match Clips must to Simulcast any such Highlights Match may be transmitted or made be delivered by means of Mobile Transmission ; (iii) to make the available at any time during the Delivery or, in the case of delivery Highlights Programmes available Article 48 Blocked Hours. to a Designated App, by Mobile on a VOD basis on a Designated Delivery or Internet Delivery. United Kingdom and Republic of ireland Media Rights © The football association 28 Scope of Media Rights Seasons 2014/15-2017/18
13 The Post Match Clip Rights are subject The “FA Cup In-Match Clips” shall kick off of the relevant FA Cup Clip Internet Delivery via a Designated to availability of Feeds/tapes of Matches consist of the following aggregate Match until the final whistle of such Clip Website during the Online FA coverage of which is not being produced for Live Programming, selected extended duration of Footage of each FA Cup FA Cup Clip Match. Cup Clips Window. Highlights Programming. Clip Match: (b) FA Cup Post-Match Clips The “Online FA Cup Clips” shall (i) During each half (including consist of a single post-match The Licensee of FA Cup Package additional time) of each FA Cup clip package of each FA Cup Clip J may Transmit the FA Cup Clip Match, a maximum of four (4) Match, subject to a maximum of Post-Match Clips (as defined below) individual clips of Footage of the ten (10) individual clips per FA Cup via a Designated Mobile Service relevant half of that Match (or, if Clip Match, each of which may be and/or a Designated App during the greater, a number of clips equal a maximum of 60 seconds. The FA Cup Post-Match Clips Window. to the number of goals scored in aggregate duration of all clips shown Such FA Cup Post-Match Clips must the relevant half of that FA Cup from each FA Cup Clip Match must be delivered by means of Mobile Clip Match). The maximum length not exceed five (5) minutes. Delivery or, in the case of delivery of each individual clip shall be to a Designated App, by Mobile The “Online FA Cup Clips 30 seconds and the aggregate Delivery or Internet Delivery. Window” means the period from duration of all clips shown during midnight on the day of the relevant each half of each FA Cup Clip The “FA Cup Post-Match Clips” FA Cup Clip Match until the end of Match must not exceed two (2) shall consist of a single post-match the Season in which that FA Cup Clip minutes; and clip of each FA Cup Clip Match, Match is played. in each case where the maximum (ii) At half time, the clips used in the length of each individual clip shall 5.5.2 England Matches – England first half may be combined and be 30 seconds and the aggregate Package E made available as a half time duration of all clips shown from each The Licensee of England Package E clips package. If less than four FA Cup Clip Match must not exceed will have the right during the Term to (4) clips were made available two (2) minutes. record, edit and Transmit Near Live in the first half, additional clips Clips of all England Matches which of Footage (i.e. not used in the The “FA Cup Post-Match Clips are Transmitted on a Live basis first half) may be combined Window” means the period from within the Territory during the Term and made available up to that the final whistle of the relevant FA (each an “England Clip Match”) on limit of four (4), subject always Cup Clip Match until the end of the an on demand basis on a Designated to the maximum length of each Season in which that FA Cup Clip Service via Mobile Delivery and individual clip being 30 seconds Match is played. Internet Delivery as set out below. and the aggregate duration of all (c) Online FA Cup Clips clips shown during half time not Upon request, such Licensee may be exceeding two (2) minutes. The Licensee of FA Cup Package J provided with real-time access to a may Transmit the Online FA Cup feed of each England Clip Match. The “FA Cup In-Match Clips Clips (as defined below) by means of Window” means the period from the United Kingdom and Republic of ireland Media Rights © The football association 29 Scope of Media Rights Seasons 2014/15-2017/18
The clips of each England Clip Match duration of all clips shown during The “England Post-Match Clips exploited in accordance with (a) to each half of each England Clip Window” means the period from the (c) below may only be Transmitted in Match must not exceed two (2) final whistle of the relevant England the relevant Transmission Window, minutes; and Clip Match until the end of the and must be Transmitted on a Season in which that England Clip (ii) At half time, the clips used in the standalone basis and not combined Match is played. first half may be combined and with the clips of Footage of any other made available as a half time clips The “England Post-Match Near match or event. package. If less than four (4) clips Live Clips Window” means the (a) England In-Match Clips were made available in the first period from the final whistle of the The Licensee of England Package half, additional clips of Footage (i.e. relevant England Clip Match until E may Transmit the England not used in the first half) may be the end of the Season in which that In-Match Clips (as defined below) combined and made available up to England Clip Match is played. via a Designated Mobile Service that limit of four (4), subject always (c) Online England Clips and/or a Designated App during the to the maximum length of each The Licensee of England Package E England In-Match Clips Window. individual clip being 30 seconds may Transmit the Online England Such England In-Match Clips must and the aggregate duration of all Clips (as defined below) by means of be delivered by means of Mobile clips shown during half time not Internet Delivery via a Designated Delivery or, in the case of delivery exceeding two (2) minutes. Clip Website during the Online to a Designated App, by Mobile The “England Post-Match Clips England Clips Window. Delivery or Internet Delivery. Window” means the period from the The “Online England Clips” shall The “England In-Match Clips” shall final whistle of the relevant England consist of a single post-match consist of the following aggregate Clip Match until the end of the Season clip package of each England Clip duration of Footage of each England in which that England Clip Match is Match, subject to a maximum of ten Clip Match: played. (10) individual clips per England (i) During each half (including (b) England Post-Match Clips Clip Match, each of which may be additional time) of each England The Licensee of England Package a maximum of 60 seconds. The Clip Match, a maximum of four (4) E may Transmit the England aggregate duration of all clips shown individual clips of Footage of the Post-Match Clips (as defined below) from each England Clip Match must relevant half of that Match (or, if via a Designated Mobile Service not exceed five (5) minutes. greater, a number of clips equal and/or a Designated App during the The “Online England Clips to the number of goals scored in England Post-Match Clips Window. Window” means the period from the relevant half of that England Such England Post-Match Clips must midnight on the day of the relevant Clip Match). The maximum length be delivered by means of Mobile England Clip Match until the end of of each individual clip shall be Delivery or, in the case of delivery to a the Season in which that England 30 seconds and the aggregate Designated App, by Mobile Delivery or Clip Match is played. Internet Delivery. United Kingdom and Republic of ireland Media Rights © The football association 30 Scope of Media Rights Seasons 2014/15-2017/18
5.5.3 General J and England Package E shall be at Sections 5.5.1(a) and (b) and/or The Licensees of FA Cup Package required to ensure that: Section 5.5.2(a) and (b) above to one J and England Package E shall be or more Mobile Operator(s), subject (i) no Near Live Clips which may entitled: to the terms of their Media Rights be exploited by Mobile Delivery Agreement with The FA which shall (a) to make available Near Live pursuant to Sections 5.5.1(a) include (without limitation): Clips of any incidents during or (b) and/or Section 5.5.2(a) or the relevant Match (subject to (b) above are capable of being (i) each Mobile Operator is subject to the limitations on number and accessed or viewed on any the prior written approval of The duration set out in Sections 5.5.1 reception or viewing equipment, FA; and 5.5.2 above) save that The terminal or device other than (ii) the sub-licence must not exceed FA reserves the right to prohibit Mobile Devices. For the avoidance the scope of rights granted in the availability of any incidents of doubt, the Licensee shall be the applicable Media Rights The FA reasonably believes to be entitled to exploit such Near Agreement or contradict the terms controversial during a Live Clips itself by means of the of such Media Rights Agreement, Match; and Internet via a Designated App for and the Licensee shall at all times viewing on Mobile Devices only; (b) to exploit the applicable Near Live remain fully responsible for and and Clips on a Free or Pay basis. liable to The FA for the acts and (ii) no Near Live Clips which may be omissions of any such Mobile For the avoidance of doubt, the exploited by means of Internet Operator(s) in relation to its use, various Near Live Clip Packages Delivery pursuant to Sections enjoyment or exploitation of the which may be exploited by the 5.5.1(c) and 5.5.2(c) are capable relevant rights; Licensees of FA Cup Package J and of being accessed or viewed other England Package E are separate (iii) the service provided by such than via Internet Delivery via a clip packages which cannot be Mobile Operator(s) shall be Designated Clip Website. aggregated and/or combined into a branded with the Licensee’s single offering. This does not prohibit Without prejudice to the foregoing name and/or logo e.g. “xxx such Licensees from Transmitting provisions of this Section 5.5, for sports” on “yyy mobile network”, the Near Live Clips on a Designated the avoidance of doubt the Near Live and may not be aggregated with Clip Website or via a Designated Clips may not be exploited via TV the content of any third party; Mobile Service and/or a Designated Delivery. (iv) the communication(s) links App (as applicable) which contains 5.5.4 Sub-Licensing of Near Live comprised in any such other content (including other FA Clips Transmission include at least content), provided that the Near Live The Licensee(s) of the Near Live in part Transmission by means Clips from each match are shown Clips Packages shall be entitled to of Mobile Communications separately. sub-licence the right to exploit via Technology; The Licensees of FA Cup Package Mobile Delivery the rights set out United Kingdom and Republic of ireland Media Rights © The football association 31 Scope of Media Rights Seasons 2014/15-2017/18
14 Where the successful Licensee is not (v) such Mobile Operator(s) shall not to sub-license the Media Rights content in an intelligible form. itself a Mobile Operator, the Licensee may be entitled to exploit the Near Live awarded to them by The FA. sub- license the rights to Mobile Operator(s) Customary exceptions will be Clips via any Designated App; and provided that the service provided by such If any agencies wish to make a Bid considered by The FA for (i) Mobile Operator(s) shall be branded with the Licensees name and/or logo e.g. “xxx (vi) The FA reserves the right to for one or more Packages, they accidental overspill of unencrypted sports” on “yyy mobile network”. require the Licensee to contract should set out in their Distribution free over the air digital terrestrial 15 The relevant mobile service may deliver with each such Mobile Operator(s) Plan detailed proposals for how they Transmissions (ii) the absolute the content and allow users/subscribers to on The FA’s terms and conditions intend to sub-license the applicable effectiveness of geo-blocking access and download the content on an on to be notified to the relevant Media Rights the subject of their Bid and DRM technology; and (iii) demand basis. Licensee and to be incorporated as should their Bid be successful. inter-roaming arrangements for a contractual requirement within subscribers/users of mobile services Where sub-licensing is approved by the Media Rights Agreement. whilst they are abroad. The FA, The FA reserves the right Without prejudice to the foregoing, if to require a Licensee to contract In addition, Licensees who are (i) the Licensee of FA Cup Package J with each sub-licensee on The FA’s authorised to Transmit Programming does not itself exploit the rights set out terms and conditions to be notified by means of TV Delivery may be at Sections 5.5.1(a); or (ii) the Licensee to the relevant Licensee and to permitted to make Transmissions of of England Package E does not itself be incorporated as a contractual content by means of DTH satellite exploit the rights set out at Sections requirement within the Media Rights television via a designated satellite 5.5.2(a), such Licensee(s) shall be Agreement. approved by The FA that is capable contractually obliged to sub-licence of reception outside the Territory, 5.7 Territorial Integrity and Digital such rights to a Mobile Operator(s) provided that all such Transmissions Rights Management (DRM) who requests such a sub-licence, are securely encrypted (or similar provided such request is made on 5.7.1 Encryption and Geo-blocking conditional access technology reasonable commercial terms and the To the maximum extent permitted is deployed) so that no person applicable sub-licence complies with by Applicable Law, each Licensee outside the EEA can access or the terms of the Licensee’s Media will be contractually required to view such content in an intelligible Rights Agreement with The FA. ensure the territorial integrity of form. Such Licensees shall be its Transmissions of content made entitled to sell or otherwise supply The Licensee(s) of the Near Live Clip pursuant to the Media Rights granted equipment or devices (including, Packages may not sub-licence the to such Licensee, for example, by but not limited to any so-called rights set out at Sections 5.5.1(c) and/ the use of secure and effective “smart cards” and/or any decoding or Section 5.5.2(c). encryption, geo-blocking or similar equipment) which are necessary 5.6 Sub-Licensing technology and appropriate scrutiny to decode such Transmissions or Save as expressly permitted in this and verification of the residences to receive such Transmissions in ITT or otherwise agreed with The of subscribers and users, so as to an intelligible form to residents FA in writing, it is envisaged that the ensure that no person outside the of the EEA outside the Territory Media Rights Agreements will not Territory can access or view such who have actively requested or permit the Licensee(s) of any Package United Kingdom and Republic of ireland Media Rights © The football association 32 Scope of Media Rights Seasons 2014/15-2017/18
ordered the same. Licensees shall other EEA licensee(s) shall not be • forwarding such Footage to otherwise be prohibited from actively permitted to exploit the applicable any other person (i.e. to stop marketing or soliciting orders for rights in the English language or individual file sharing); any decoding or similar equipment to actively market or solicit orders • transferring or otherwise which is necessary to decode such for any service for the exploitation posting such Footage on any Transmissions to or from any person of the rights via Mobile Delivery electronic communication site or outside the Territory. and/or Internet Delivery (as service which can be accessed applicable) to or from any person 5.7.2 Change in the Regulations by third parties (i.e. to stop file resident within the Territory; Bidders should note that it will sharing); be a material term of each Media (ii) The FA shall itself be entitled to • unlawfully copying or recording Rights Agreement that if, during the use and exploit the applicable such Footage to view the Term, a change in the Regulations rights in any language via same outside of the applicable has the effect that the obligations Mobile Delivery and/or Internet Transmission Window; and of a Licensee in the Territory (or Delivery (as applicable) within the • accessing and viewing such the obligations of The FA’s other Territory; Footage after the expiry of the media rights licensees in any other relevant Transmission Window (iii) the Licensee will be contractually EEA territory), to use encryption, (i.e. that all copies of the obliged not to actively market geo blocking or similar conditional Footage (howsoever recorded or solicit orders for any service access technology to restrict or stored) on any end users for the use or exploitation of the their respective Transmissions of set-top box, personal computer applicable rights by means of Footage and/or Matches by means or Mobile Device or other fixed Mobile Delivery and/or Internet of Mobile Delivery and/or Internet or mobile reception device or Delivery (as applicable) to or Delivery to persons within the equipment are destroyed upon from any person resident in any Territory or other EEA territories (as the expiry of the applicable EEA territory other than the applicable) becomes illegal, invalid Transmission Window). Territory or authorise any third or unenforceable (an “Intervening 5.8 Exclusivity party to do the same. Event”), from the date of such Subject to Sections 5.7 and 5.10 Intervening Event: 5.7.3 Digital file transfer and this Section 5.8, and save Each Licensee will be contractually where it is expressly stated in (i) The FA will be entitled to required to employ DRM technology Section 6 that a particular Package authorise any other licensees to ensure that any person receiving may be awarded on a non-exclusive within the EEA to use and exploit any Footage Transmitted pursuant basis, to the extent permitted the applicable rights via Mobile to the Media Rights granted to such by Applicable Law it is The FA’s Delivery and/or Internet Delivery Licensee (whether downloaded by, intention that the relevant Media (as applicable), on a non-exclusive streamed to or otherwise delivered Rights in respect of each Package basis both within and outside the to or accessed by the end user) is will be awarded on an exclusive Territory, provided that any such prevented from: basis within the Territory. United Kingdom and Republic of ireland Media Rights © The football association 33 Scope of Media Rights Seasons 2014/15-2017/18
However, Bidders should note that: 5.9 Provision of Live Feeds and required to produce a single camera Production Requirements feed of all other FA Cup Matches (i) pursuant to Section 4.19 above played in each Round which are not The FA may exploit any unsold 5.9.1 Live Feeds and other the subject to a Live Feed pursuant rights in any Package in the Coverage to the first two paragraphs of this Territory; and (ii) the grant of Any Licensee who has been awarded Section 5.9.1. Such Licensee will be Media Rights in the Territory will a Package comprising Live Rights to required to make each such single be subject to the following: any Match the subject of a Coverage camera feed available to The FA Obligation will be contractually • normal overspill for and/or any third parties designated required to produce a Live Feed of Transmissions made by The FA’s by The FA free of charge at, or the relevant Match, save in the case licensees outside the Territory adjacent to, the relevant stadium of the Licensee of England Package made by means of free to air or at BT Tower (or such other A and England Package B in relation analogue and/or digital terrestrial communications uplink/relay centre to away friendlies played by the television; situated within the UK as The FA England Senior Team and/or the • unencrypted satellite may designate) by no later than 10pm England U21 Team. Transmissions by The FA’s on the day of the relevant FA Cup licensees outside the Territory Any Licensee who has been Match. on satellites with a footprint that awarded FA Cup Package I (FA Cup For the avoidance of doubt the could potentially extend to the Highlights) will be contractually Licensee(s) of FA Cup Package I may Territory; required to produce a Live Feed of Transmit Highlights from all FA Cup three (3) Matches played at 3.00pm • customary exceptions for the Matches subject to the availability of Saturday in each of Rounds 1 to 5. effectiveness of geo-blocking the Footage. and DRM deployed by The FA’s Each Licensee producing a Live Licensees will be required to work licensees; Feed of any Match will be required with The FA to implement technology • passive sales of subscription to make the Live Feed available to as required for the creation of virtual services by The FA’s other The FA and/or any third parties feeds of any Matches. licensees within the EEA in designated by The FA (including accordance with the provisions of other Licensees) free of charge at, 5.9.2 Facilities at grounds Section 5.7.1; and or adjacent to, the relevant stadium Subject to space and facilities at • any change in the Regulations in or at BT Tower (or such other the relevant venue, The FA will accordance with the provisions of communications uplink/relay centre specify and agree a protocol setting Section 5.7.2. situated within the UK as The FA out priorities between the different may designate). categories of Licensees to meet their production requirements at the Any Licensee who has been venue (including, where applicable, awarded FA Cup Package I (FA Cup a Simulcasting protocol for The FA Highlights) will also be contractually Cup Final). Other materials such as United Kingdom and Republic of ireland Media Rights © The football association 34 Scope of Media Rights Seasons 2014/15-2017/18
(i) flash interviews; and (ii) footage 5.10 Reserved Rights, Football 5.10.2 Football Rules and produced by any goalline technology Rules and Regulations and Regulations and Applicable Law introduced at Wembley Stadium may Applicable Law, FA Rights and The rights granted under a Media be made available by or on behalf Club Rights Rights Agreement will be subject of The FA or The FA’s production to: (i) Applicable Law; and (ii) the 5.10.1 Reserved Rights partner. Football Regulations including in All rights not expressly granted to particular but without limitation 5.9.3 Production standards a Licensee under a Media Rights Article 48 of the UEFA statutes Bidders are required to make Agreement will be reserved by which implement Article 48 Blocked specific proposals regarding The FA and accordingly may be Hours (including all implementing production standards as part of exploited by The FA or any third regulations therefor) and any and the Distribution Plan. Schedule 7 parties appointed by The FA within all equivalent statutes articles and provides a summary of The FA’s or outside the Territory including regulations of FIFA and its member minimum production standards to (without limitation) (i) Second Party confederations throughout the world. which (in the absence of any agreed Rights; (ii) Near Live Long Form The FA shall not be in breach of any higher standards) Bidders will be Rights (iii) Fixed Media Rights; (iv) Media Rights Agreement by virtue of contractually required to adhere in Audio Rights; (v) Archive Rights; (vi) any action which it takes or omits to relation to the production of all Live Betting Rights (vii) Closed Circuit take as a consequence of Applicable Feeds and other feeds of Footage Rights (viii) Public Screening Rights; Law or the Football Regulations. in accordance with Section 5.9.1 (ix) in Term clip rights for use in above. Bidders should also note that audio visual commercials in any 5.10.3 FA Rights The FA reserves the right to require media and in general entertainment All Media Rights will be subject to production costs contributions programming and/or internationally a right for The FA to make Footage from the Licensees who have distributed sports magazine available on FA Branded Channels been awarded FA Cup Package I programming, in each case subject subject to the holdbacks and other (Highlights) on a non-exclusive to a 120 hour holdback; and (x) clips conditions set out in Schedule 3 basis to ensure that the burden of on a non-exclusive basis for use by and to rights of The FA and its producing coverage of all FA Cup news gathering and dissemination Commercial Partners to use Footage matches in the earlier rounds of the services such as Reuters and SNTV for advertising and promotional competition is fairly shared and and for customary news access purposes both within and/or outside apportioned amongst the relevant purposes in accordance with the Territory. Licensees of such rights. Applicable Law, applicable voluntary industry regulation and/or any applicable news access guidelines notified by The FA from time to time. United Kingdom and Republic of ireland Media Rights © The football association 35 Scope of Media Rights Seasons 2014/15-2017/18
5.10.4 Club Rights entire benefit and all other right, title The Media Rights relating to matches and interest (including all intellectual forming part of FA Club competitions property rights) in and to (i) any and (i.e. The FA Cup, The FA Community all Live Feeds and other Footage; and Shield, The FA Trophy and The FA (ii) all English language commentary Youth Cup) will be subject to the tracks, produced by or on behalf rights of the participating clubs of the Licensee for The FA to hold to Transmit their matches on club the same absolutely throughout channels/club websites and as part the world for the full period of such of a club mobile rights package in rights and all renewals, reversions, each case subject to the holdbacks revivals and extensions of such and other conditions set out in rights and thereafter in perpetuity Schedule 3. and the Licensee shall in any jurisdiction where such assignment 5.11 Commercial Provisions does not take effect be required to To the maximum extent permitted hold such copyright and other rights under Applicable Law, Licensees will for the benefit of The FA absolutely. be contractually required to comply with the commercial provisions set out in Schedule 5. 5.12 Copyright All Licensees will be contractually required as beneficial owner to irrevocably and unconditionally assign to The FA free of all third party rights, claims and encumbrances and with full title guarantee (and where the assignment is of copyright by way of assignment of present and future copyright) the SECTION 1 FA CUP PACKAGES United Kingdom and Republic of ireland Media Rights – © The football association 37 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package A1 – LIVE Number of FA Cup Matches per FA Cup Package A2 – LIVE Minimum Number of FA Cup The FA Cup (Rounds 1-6) - 1st pick Season: 6. The FA Cup (Rounds 1-6) replays - Replays per Season and during the 1st pick Term: 0 FA Cup Match selection: First Number of FA Cup Matches during pick from all FA Cup Matches in the Term: 24. FA Cup Replay selection: First pick of Maximum Number of FA Cup Rounds 1-6 of The FA Cup (therefore all FA Cup Replays (to the extent that Replays per Season: 6 (assumes one Conditionality Requirements: All excluding the Semi-Finals and Final) they exist) in Rounds 1-6 of The FA FA Cup Replay in each of Rounds Bidders for FA Cup Package A1 must in each Season during the Term. This Cup in each Season during the Term. 1-6). also place a Bid for: excludes FA Cup Replays. FA Cup Replay timeslot selection: Maximum Number of FA Cup (i) both of FA Cup Packages A2 FA Cup Match timeslot selection: Not applicable. Match date and Replays during the Term: 24 and B2; and First pick from a maximum of eight timeslot to be scheduled by The FA. (assumes one FA Cup Replay in each available timeslots, subject to Section (ii) at least one of FA Cup Packages of Rounds 1-6). Coverage Obligations: Obligation 5.3. C, D and E; and to Transmit Live Programmes on Conditionality Requirements: FA Cup Draw: Each FA Cup Draw (iii) each of FA Cup Packages F, G a Primary Channel or Secondary None. made for Rounds 1-6 of The FA Cup. and H; and Channel and to Simulcast on a Note: Bids for FA Cup Package A2 Designated Channel Website. Coverage Obligations: Obligation to (iv) FA Cup Package I should be made on a per Match Transmit Live Programmes and Draw Additional rights: The Licensee basis – i.e. the amount entered on the for the Bid to be considered Programmes for Rounds 1-6 of The will be granted the right to make As Bid Proforma should be the Bidder’s compliant by The FA. FA Cup on a Primary Channel and to Live Match Programmes available as fixed financial offer payable for each Simulcast on a Designated Channel detailed in Section 5.2.2, together with applicable FA Cup Replay actually Website. the Interactive Rights and the Clip delivered to the Licensee pursuant to Rights as detailed in Section 5.2.4. Package A2 in each Season during Additional rights: The Licensee the Term. will be granted the right to make As Live Match Programmes available as detailed in Section 5.2.2, together with the Interactive Rights and the Clip Rights as detailed in Section 5.2.4. United Kingdom and Republic of ireland Media Rights – © The football association 38 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package B1 – LIVE Number of FA Cup Matches per FA Cup Package B2 – LIVE Minimum Number of FA Cup The FA Cup 2nd pick (Rounds 1-6) Season: 6 The FA Cup (Rounds 1-6) replays - Replays per Season and during 2nd pick the Term: 0 FA Cup Match selection: Second pick Number of FA Cup Matches during from all remaining FA Cup Matches in the Term: 24 FA Cup Replay selection: Second Maximum Number of FA Cup Rounds 1-6 of The FA Cup (therefore pick of all remaining FA Cup Replays Replays per Season: 6 (assumes Conditionality Requirements: All excluding the Semi-Finals and Final) (to the extent that they exist) in an FA Cup Replay in each of Bidders for FA Cup Package B1 must in each Season during the Term. This Rounds 1-6 of The FA Cup in each Rounds 1-6). also place a Bid for: excludes FA Cup Replays. Season during the Term. Maximum Number of FA Cup (i) both of FA Cup Packages A2 and FA Cup Match timeslot selection: FA Cup Replay timeslot selection: Replays during the Term: 24 B2; and Second pick from a maximum of Not applicable. Match date and (assumes an FA Cup Replay in seven available timeslots, subject (ii) at least one of FA Cup Packages timeslot to be scheduled by The FA. each of Rounds 1-6). to Section 5.3. C, D and E; and Coverage Obligations: Obligation Conditionality Requirements: FA Cup Draw: Each FA Cup Draw (iii) each of FA Cup Packages F, G to Transmit Live Programmes on None. made for Rounds 1-6 of The FA Cup. and H; and a Primary Channel or Secondary Note: Bids for FA Cup Package B2 Channel and to Simulcast on a Coverage Obligations: Obligation to (iv) FA Cup package I should be made on a per Match Designated Channel Website. Transmit Live Programmes and Draw basis – i.e. the amount entered for the Bid to be considered Programmes for Rounds 1-6 of The Additional rights: The Licensee on the Bid Proforma should be compliant by The FA. FA Cup on a Primary Channel and to will be granted the right to make As the Bidder’s fixed financial offer Simulcast on a Designated Channel Live Match Programmes available as payable for each applicable FA Cup Website. detailed in Section 5.2.2, together with Replay actually delivered to the the Interactive Rights and the Clip Licensee pursuant to Package B2 Additional rights: The Licensee Rights as detailed in Section 5.2.4. in each Season during the Term. will be granted the right to make As Live Match Programmes available as detailed in Section 5.2.2, together with the Interactive Rights and the Clip Rights as detailed in Section 5.2.4. United Kingdom and Republic of ireland Media Rights – © The football association 39 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package C – LIVE Additional rights: The Licensee FA Cup Package D – LIVE Additional rights: The Licensee The FA Cup 3rd pick (Rounds 3-6) will be granted the right to make As The FA Cup 4th pick (Rounds 3-6) will be granted the right to make As Live Match Programmes available Live Match Programmes available as FA Cup Match selection: Third pick FA Cup Match Selection: Fourth as detailed in Section 5.2.2, together detailed in Section 5.2.2, together with from all remaining FA Cup Matches pick from all remaining FA Cup with the Interactive Rights and the the Interactive Rights and the Clip in Rounds 3-6 of The FA Cup Matches in Rounds 3-6 of The Clip Rights as detailed in Section Rights as detailed in Section 5.2.4. (therefore excluding the Semi-Finals FA Cup (therefore excluding the 5.2.4. and Final) in each Season during Semi-Finals and the Final) in each Number of FA Cup Matches per the Term. This excludes FA Cup Number of FA Cup Matches per Season during the Term. This Season: 4. Replays. Season: 4. excludes FA Cup Replays. Number of FA Cup Matches during FA Cup Match timeslot selection: Number of FA Cup Matches during FA Cup Match timeslot selection: the Term: 16. Third pick from a maximum of the Term: 16. Fourth pick from a maximum of Conditionality Requirements: All six available timeslots, subject to five available timeslots, subject to Conditionality Requirements: All Bidders for FA Cup Package D must Section 5.3. Section 5.3. Bidders for FA Cup Package C must make a Bid for FA Cup Package H and FA Cup Draw: Each FA Cup Draw make a Bid for FA Cup Package H FA Cup Draw: Each FA Cup Draw at least one of FA Cup Package F and made for Rounds 3-6 of The FA Cup. and at least one of FA Cup Package F made for Rounds 3-6 of The FA Cup. FA Cup Package G for the Bid to be and FA Cup Package G for the Bid to considered compliant by The FA. Coverage Obligations: Obligation Coverage Obligations: Obligation be considered compliant by The FA. to Transmit Live Programmes on a to Transmit Live Programmes on a Primary Channel and to Simulcast Primary Channel and to Simulcast on a Designated Channel Website. on a Designated Channel Website. Coverage Entitlement: Entitlement Coverage Entitlement: Entitlement to Transmit Draw Programmes for to Transmit Draw Programmes for Rounds 3-6 of The FA Cup. Rounds 3-6 of The FA Cup. United Kingdom and Republic of ireland Media Rights – © The football association 40 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package E – LIVE FA Cup Draw: Each FA Cup Draw FA Cup Package F – LIVE Number of FA Cup Matches per The FA Cup 5th pick (Rounds 3-5) made for Rounds 1-5 of The FA Cup. FA Cup Semi-Final 1st pick Season: 1. and 3rd pick (Rounds 1-2) Coverage Obligations: Obligation FA Cup Match Selection: First pick Number of FA Cup Matches during FA Cup Match Selection (Rounds to Transmit Live Programmes on from the draw for the Semi-Finals of the Term: 4. 3-5): Fifth pick from all remaining a Designated TV Channel and to The FA Cup in each Season during the Conditionality Requirements: FA Cup Matches in Rounds 3-5 of Simulcast on a Designated Channel Term. Bidders may only Bid for FA Cup The FA Cup (therefore excluding the Website. FA Cup Match timeslot selection: Not Package F if they have Bid for the Quarter Finals, the Semi-Finals and Coverage Entitlement: Entitlement applicable. Match date and timeslot to rights to a minimum of 24 FA Cup the Final) in each Season during to Transmit Draw Programmes for be scheduled by The FA. Matches (not replays) (during the the Term. This excludes FA Cup Rounds 1-5 of The FA Cup. Term) in Rounds 1-6 e.g. FA Cup Replays. FA Cup Draw: Each FA Cup Draw Package A1, or FA Cup Package B1, Additional rights: The Licensee made for The FA Cup Semi-Finals. FA Cup Match timeslot selection or a combination of FA Cup Packages will be granted the right to make As (Rounds 3-5): Fifth pick from a Coverage Obligations: Obligation C and/or D and/or E. Bidders will Live Match Programmes available maximum of four available timeslots, to Transmit Live Programmes and only be granted the rights set out in as detailed in Section 5.2.2, together subject to Section 5.3. Draw Programmes for The FA Cup this FA Cup Package F if they were with the Interactive Rights and the Semi-Finals on a Primary Channel successful in obtaining a minimum FA Cup Match Selection (Rounds Clip Rights as detailed in Section and to Simulcast on a Designated of 24 FA Cup Matches (during the 1-2): Third pick from all remaining 5.2.4. Channel Website. Term). FA Cup Matches in Rounds 1-2 of Number of FA Cup Matches per The FA Cup in each Season during Additional rights: The Licensee Season: 5. the Term. will be granted the right to make As Live Match Programmes available as FA Cup Match timeslot selection detailed in Section 5.2.2, together with (Rounds 1-2): Third pick from a the Interactive Rights and the Clip maximum of six available timeslots Rights as detailed in Section 5.2.4. (please see Section 5.3). United Kingdom and Republic of ireland Media Rights – © The football association 41 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package G – LIVE Maximum Number of FA Cup FA Cup Package H – LIVE Conditionality Requirements: FA Cup Semi-Final 2nd pick Matches per Season: 1. The FA Cup Final All Bidders that have placed a Bid for any of FA Cup Packages A-G FA Cup Match Selection: Second pick Maximum Number of FA Cup FA Cup Match: Each FA Cup Final (inclusive) other than A2 and B2 from the draw for the Semi-Finals of Matches during the Term: 4. played in each Season during the must bid for FA Cup Package H. The FA Cup in each of the Seasons Term. Conditionality Requirements: during the Term. Note: Bidders should note that in Bidders may only Bid for FA Cup FA Cup Match Timeslot Selection: accordance with current Listed FA Cup Match Timeslot Selection: Package G if they have Bid for the Not applicable. Match date and Events Legislation each FA Cup Not applicable, Match date and rights to a minimum of 24 FA Cup timeslot to be scheduled by The FA. Final must Transmitted Live in the timeslot to be scheduled by The FA. Matches (not replays) (during the FA Cup Replays: There are no Territory on a Free basis. The FA Term) in Rounds 1-6 e.g. FA Cup FA Cup Draw: Each FA Cup Draw replays of The FA Cup Final. reserves the right in its absolute Package A1, or FA Cup Package B1, made for The FA Cup Semi-Finals. discretion to award this FA Cup or a combination of FA Cup Packages Coverage Obligations: Obligation Package H to more than one Bidder Coverage Obligations: Obligation C and/or D and/or E. Bidders will to Transmit Live Programmes on a in order to satisfy this requirement. to Transmit Live Programmes and only be granted the rights set out in Primary Channel and to Simulcast Any Bidder who wishes to place a Draw Programmes for The FA Cup this FA Cup Package F if they were on a Designated Channel Website. Bid for this Package for exploitation Semi-Finals on a Primary Channel successful in obtaining a minimum Additional rights: The Licensee on a Free basis should enter two and to Simulcast on a Designated of 24 FA Cup Matches (during the will be granted the right to make As separate financial offers – one for Channel Website. Term). Live Match Programmes available rights on an exclusive basis, and one Additional rights: The Licensee Note: There are no Replays in The as detailed in Section 5.2.2, together for rights on a non-exclusive basis. will be granted the right to make As FA Cup Semi-Finals. with the Interactive Rights and the Bidders who wish to place a Bid for Live Match Programmes available as Clip Rights as detailed in Section this Package for exploitation on a Pay detailed in Section 5.2.2, together with 5.2.4, as well as rights to show basis need only enter one financial the Interactive Rights and the Clip additional clips on a basis to be offer for non-exclusive rights. The Rights as detailed in Section 5.2.4. agreed with The FA depicting the FA reserves the right to waive any Season’s FA Cup competition in the Conditionality Requirements or applicable Live Programme. re-tender this Package to comply with the Listed Events Legislation. Maximum Number of FA Cup Matches per Season: 1. There are no Replays in The FA Cup Final. Maximum Number of FA Cup Matches during the Term: 4. United Kingdom and Republic of ireland Media Rights – © The football association 42 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package I – HIGHLIGHTS Highlight Window: The Highlights Coverage Obligations: Obligation Note: The FA reserves the rights in All FA Cup Matches including FA Windows are as follows: (i) Saturday to Transmit Highlights Programmes its absolute discretion (i) to award Cup Replays and Sunday evening Highlights on a Primary Channel from Round 1 this Package to one Bidder on an Programme - may commence of The FA Cup at the following times: exclusive basis; or (ii) to award this Match Selection and Highlight from 7.30pm but must start on the (i) Saturday evening; (ii) Sunday Package to more than one Bidder on a Length: The Licensee must: (i) in Designated TV Channel no later than evening; and (iii) midweek (if there non-exclusive basis. Bidders may elect advance of each of Rounds 1-6 of The 10.30 pm; (ii) Sunday morning Linear have been a minimum of two FA Cup to submit a Bid for this Package on an FA Cup select three FA Cup Matches retransmission of the Saturday Replays, such Highlights Programme exclusive basis, on a per Round for Transmission of evening Highlights Programme may be Transmitted on the day of the extended Highlights of a minimum of (which may be re-edited) - may final FA Cup Replay in the relevant 10 minutes duration and a maximum commence from 7.30am and must Round). of 40 minutes duration, subject to be concluded no later than 11.30am; the provisions of Section 5.3; and (ii) Coverage Entitlement: Entitlement (iii) Highlights Programmes for FA Transmit extended Highlights of a to Simulcast the Highlights Cup Matches (other than FA Cup minimum of 20 minutes duration and Programme on a Designated Channel Replays) on any other evening of the a maximum 40 minutes duration of Website. week – may commence from 10.30pm each FA Cup Semi-Final and The FA but must start on the Designated TV Additional rights: The Licensee Cup Final, in each Season during the Channel no later than 11.30pm; and will be granted the right to make Term. (iv) Highlights Programmes for FA Highlights Matches available on a The Licensee must Transmit Cup Replays on any other evening VOD basis as detailed in Section as a minimum the goals and of the week – may commence 5.4.1, together with the Interactive main incidents from every other from 11pm but must start on the Rights and the Clip Rights as remaining FA Cup Match which is Designated TV Channel no later than detailed in Section 5.4.2. not selected for extended Highlights 11.30pm. The Highlights Window Conditionality requirements: Not Programming provided that will close for all FA Cup Matches 168 applicable. Highlights of any FA Cup Match hours after the Highlights Window selected for a Live Transmission on for that Match opens. the day of the relevant Highlights Programme do not exceed 20 minutes. United Kingdom and Republic of ireland Media Rights – © The football association 43 SECTION 1 FA CUP PACKAGES Seasons 2014/15-2017/18
FA Cup Package J – NEAR LIVE CLIP RIGHTS Additional Notes for Bidders: All FA Cup Matches and The There are no packages included in FA Community Shield this ITT for (i) any match played in FA Cup and Community Shield – Near The FA Cup Qualifying Competition; Live Clips (ii) a 4th or later pick of Rounds 1 – 2 of The FA Cup; or (iii) a 3rd or later Rights: Please refer to Section 5.5.1 pick of FA Cup replays in Rounds Matches Included: FA Cup Matches and 1 – 6. The FA may agree on a case The FA Community Shield by case basis that any Licensee or any other party may Transmit Number of FA Cup Clip Matches (as Live Programmes of (i) any match defined in Section 5.5.1): Minimum of played in The FA Cup Qualifying 121, plus all FA Cup Replays played per Competition; (ii) a 4th or later pick of Season. Rounds 1 – 2 of The FA Cup; or (iii) a Transmission Windows: As set out in 3rd or later pick(s) of replays in any Section 5.5.1. of Rounds 1 – 6 of the FA Cup in any Season during the Term. Coverage Obligations: FA Cup In-Match Clips must be exploited or made available for sub-licensing, as detailed in Section 5.5.4. Coverage Entitlements: Entitlement to Transmit Near Live Clips as set out in Section 5.5.1. Conditionality Requirements: Not applicable. SECTION 2 ENGLAND PACKAGES United Kingdom and Republic of ireland Media Rights – © The football association 45 SECTION 2 ENGLAND PACKAGES Seasons 2014/15-2017/18
England Package A – LIVE Additional rights: The Licensee will England Package B – LIVE Live Match Programming available as England Senior Friendly Matches be granted the right to make As Live England U21 and Development detailed in Section 5.2.2, together with Match Programming available as Team Matches the Interactive Rights, and the Clip Matches: All England Senior Friendly detailed in Section 5.2.2, together Rights as detailed in Section 5.2.4. Matches (excluding so called “England Matches: England U21 Team home with the Interactive Rights, and the “B” International matches) played qualification matches played during Conditionality requirements: All Clip Rights as detailed in Section during the Term. the Term Bidders for England Package B must 5.2.4. also bid for England Package D. Anticipated number of Matches during England U21 Team home friendly Conditionality requirements: All the Term: 14, subject to changes matches played during the Term Note: Bids for England Package B Bidders for England Package A must in FIFA’s published international should be made on a per England also bid for England Package C. England U21 Team away friendly calendar. U21 Match basis – i.e. the amount matches played during the Term, to Note: Bidders who wish to submit a entered on the Bid Proforma should Coverage Obligations: Obligation to the extent a Live Feed of such match Bid for this Package are required to be the Bidder’s fixed financial offer Transmit the Live Programmes on a is available to The FA include in the Pro Forma (i) a fixed payable for each England U21 Match Primary Channel and to Simulcast on financial offer for the 14 England All England Development Team for which a Live Feed is delivered to a Designated Channel Website. Senior Friendly Matches which are home matches played during the the Licensee during the Term. The anticipated to be included in this Term successful Bidder shall be awarded Package during the Term; and (ii) the Media Rights in respect of the Coverage Obligations: Obligation a separate fixed financial offer for England Development Team Matches to Transmit Live Programmes of all each additional England Senior at no additional cost. England U21 Matches on a Primary Friendly Match delivered by The FA Channel or Secondary Channel. during the Term in excess of these 14 anticipated Matches. Coverage Entitlements: Entitlement to Transmit Live Programmes of all England Development Team Matches and to Simulcast all England U21 Team Matches and England Development Team Matches. Additional rights: The Licensee will be granted the right to make As United Kingdom and Republic of ireland Media Rights – © The football association 46 SECTION 2 ENGLAND PACKAGES Seasons 2014/15-2017/18
England Package C – HIGHLIGHTS Coverage Obligations: Obligation to England Package D – HIGHLIGHTS Programmes on any other evening of England Senior Friendly Matches Transmit a Highlights Programme on England U21 and Development the week – may commence at the later of the day of the England Senior Friendly Team Matches 10pm and 30 minutes following the final Matches and Highlight Length: The Match on a Primary Channel and to whistle of the match, but must start on Licensee must Transmit Highlights for Matches: England U21 Team home Simulcast on a Designated Channel the Designated TV Channel no later than each England Senior Friendly Match of qualification matches played during the Website. 11.30pm. The Highlights Window will a minimum duration of 25 minutes and a Term close for all England U21 Team Matches maximum duration of 60 minutes. Additional rights: The Licensee will England U21 Team home friendly and England Development Team be granted the Interactive Rights and Highlight Window: The Highlights matches played during the Term Matches 168 hours after the Highlights the Clip Rights as detailed in Section Windows are as follows: (i) Saturday Window for that Match opens. 5.4.2. England U21 Team away friendly evening Highlights Programme - may matches played during the Term, to Coverage Entitlements: Entitlement commence at the later of 7.30pm and 30 Conditionality Requirements: Not the extent a Live Feed of such match is to Transmit Highlights of all England minutes following the final whistle of the applicable. available to The FA U21 Team Matches and England Match, but must start on the Designated Development Team Matches on a TV Channel no later than 10.30 pm; (ii) All England Development Team home Designated Channel and to Simulcast Sunday morning Linear retransmission matches played during the Term the same. of the Saturday evening Highlights The Licensee may Transmit Highlights Programme (which may be re-edited) - Additional rights: The Licensee will of all such England U21 Team Matches may commence from 7.30am and must be granted the Interactive Rights and the and England Development Team be concluded no later than 11.30am; and Clip Rights as detailed in Section 5.4.2. Matches subject to the availability of (iii) Highlights Programmes on any other Footage. Conditionality Requirements: Not evening of the week – may commence applicable. at the later of 10.30pm and 30 minutes Highlight Window: The Highlights following the final whistle of the match, Windows are as follows: (i) Saturday Note: Bids for England Package D but must start on the Designated TV evening Highlights Programme - may should be made on a per England U21 Channel no later than 11.30pm. The commence at the later of 7.30pm and Match basis – i.e. the amount entered on Highlights Window will close for all 30 minutes following the final whistle the Bid Proforma should be the Bidder’s England Senior Friendly Matches 168 of the Match, but must start on the fixed financial offer payable for each hours after the Highlights Window for Designated TV Channel no later than England U21 Match for which a feed that match opens. 10.30 pm; (ii) Sunday morning Linear is delivered to the Licensee during the retransmission of the Saturday evening Term. The successful Bidder shall be Highlights Programme (which may awarded the Media Rights in respect be re-edited) - may commence from of the England Development Team 7.30am and must be concluded no Matches at no additional cost. later than 11.30am; and (iii) Highlights United Kingdom and Republic of ireland Media Rights – © The football association 47 SECTION 2 ENGLAND PACKAGES Seasons 2014/15-2017/18
England Package E – NEAR LIVE Near Live Clip Rights Windows: As CLIP RIGHTS set out in Section 5.5.2. All England Matches Coverage Obligations: In-Match England Matches – Near Live Clips England Mobile Clips must be exploited or made available for Rights: Please refer to Section 5.5.2 sub-licensing, as detailed in Section Matches Included: All England 5.5.4 Matches which are Transmitted on Coverage Entitlements: Entitlement a Live basis within the Territory to Transmit Near Live Clips as set during the Term. out in Section 5.5.2. Anticipated number of Matches Conditionality Requirements: Not during the Term: (i) Subject applicable. to changes in FIFA’s published international calendar, 14 England Senior Friendly Matches; and (ii) subject to a Live Feed of each such Match being available, all England U21 Team Matches and England Development Team Matches. SECTION 3 OTHER FA CLUB COMPETITIONS United Kingdom and Republic of ireland Media Rights – © The football association 49 SECTION 3 OTHER FA CLUB COMPETITIONS Seasons 2014/15-2017/18
FA Competitions Package Competition Two: The FA Challenge Competition Three: The FA Youth (B) HIGHLIGHTS – LIVE AND HIGHLIGHTS Trophy Competition (The FA Trophy). Challenge Cup Competition (The FA Highlight Window: Highlights Other FA Club Competitions Youth Cup). Coverage Obligations: Obligation Programmes (where Transmitted) may (A) – LIVE to Transmit the Live Programmes for Coverage Obligations: Obligation to commence from 7.30pm on the day of the final of The FA Challenge Trophy Transmit the Live Programmes for The the relevant FA Club Match but must Competition One: The FA Community Competition on a Designated TV FA Youth Cup Semi-Finals (both legs) start on the Designated TV Channel Shield. Channel. and Finals (both legs) on a Designated no later than 10.30pm. The Highlights Timeslot selection: Not applicable. TV Channel. Window will close for each FA Club Coverage Entitlements: Entitlement Match date and slot to be scheduled by Competition Matches 168 hours after to Simulcast the Live Transmission of Coverage Entitlements: Entitlement The FA. the Highlights Window for that Match the final of The FA Challenge Trophy to Simulcast the Live Transmission of opens. Maximum Number of Matches per Competition. Entitlement to produce the Semi-Finals and Finals of The FA Season: 1. and Transmit on a Designated TV Youth Cup. Entitlement to produce and Coverage Obligations: Obligation Channel, and to Simulcast all other FA Transmit on a Designated TV Channel, to Transmit a Highlights Programme Maximum Number of Matches during Trophy Matches. and to Simulcast, all other FA Youth for The FA Community Shield with the Term: 4. Cup matches on a non-exclusive basis. highlights of a minimum duration of 25 Additional rights: The Licensee will be Coverage Obligations: Obligation to Bidders should note that The FA is minutes and a maximum duration of 60 granted the right to make As Live Match Transmit on a Primary Channel and entitled to itself use and exploit (and minutes. Programming available as detailed to Simulcast on a Designated Channel to authorise third parties to use and in Section 5.2.2, together with the Coverage Entitlements: Entitlement to Website. exploit) all Media Rights in respect of Interactive Rights, and the Clip Rights Transmit Highlights Programmes of any matches in the FA Youth Cup other than Additional rights: The Licensee will be as detailed in Section 5.2.4. other FA Club Matches. Entitlement to the Semi-Finals (both legs) and Finals granted the right to make As Live Match Simulcast any Highlights Programme. (both legs). Programming available as detailed Additional rights: The Licensee will be in Section 5.2.2, together with the Additional rights: The Licensee will be granted the Interactive Rights and the Interactive Rights, and the Clip Rights granted the right to make As Live Match Clip Rights as detailed in Section 5.4.2. as detailed in Section 5.2.4. Programming available as detailed in Section 5.2.2, together with the Conditionality requirements: Not Interactive Rights, and the Clip Rights applicable. as detailed in Section 5.2.4. United Kingdom and Republic of ireland Media Rights – © The football association 50 SCHEDULE 1 Bid Proforma Seasons 2014/15-2017/18
General notes and instructions Company details Contact details Territory for bid: (i) Bidders should refer to Section 6 of the for clarification requests [Please delete accordingly] ITT for a full description of the relevant Name of Company: Packages. Name: (A) the United Kingdom of Great Britain (ii) All Bids must be made in pounds sterling …………………………………………… and Northern Ireland, Channel (£) exclusive of VAT for the full four year …………………………………………… Islands, the Isle of Man, British Forces Term. For further financial information …………………………………………… please see Section 4.12. Bases overseas, and the Republic of …………………………………………… (iii) Bidders should also note the financial Ireland; provisions of FA Cup Packages A2, B2, H Company number: and I and England Packages A, B and D. (B) the United Kingdom of Great Britain Telephone numbers: and Northern Ireland, Channel (iv) Bidders must comply with the …………………………………………… Islands, the Isle of Man and British Conditionality Requirements specified Work:…………………………...... within the Packages which are reflected on …………………………………………… Forces Bases overseas; or the Bid Proforma. Mobile:…………………………...... (C) the Republic of Ireland. (v) In the case of any joint Bids (as permitted under Section 4.9): Registered office: • Bidders must set out clearly on the Pro email address: Forma which of the companies participating …………………………………………… in the joint Bid will exploit the rights in …………………………………………… each applicable Package and the respective …………………………………………… financial contributions of each such company; …………………………………………… and
• company information and contact details as well as supporting materials set out in parts (ii) (iii) and (iv) of the paragraph entitled ‘supporting materials’ in Section 4.12 must be supplied in respect of each company participating in the joint Bid. United Kingdom and Republic of ireland Media Rights – © The football association 51 SECTION 1 THE FA CUP PACKAGES Seasons 2014/15-2017/18
9 Bids for FA Cup Package A2 and B2 should Number of be for an amount to be paid for each FA Cup FA Cup Description Matches Conditionality Notes Bid (£) Replay delivered by The FA during the Term Package and included in such Package. in Term 10 See footnote 9. All Bidders for this Package must place a Bid for: Live (i) both of FA Cup Package A2 and B2; and Maximum A1 First pick Rounds 1 – 6 (ii) at least one of FA Cup Packages C, D and E; and of 24 8 Timeslots (iii) each of FA Cup Packages F, G and H; and (iv) FA Cup Package I
First pick Replay Maximum Bid must be per A2 Not applicable Rounds 1 – 6 of 24 Match delivered9
All Bidders for this Package must place a Bid for: Live (i) both of FA Cup Packages A2 and B2; and Second pick Rounds Maximum (ii) at least one of FA Cup Packages C, D and E; and B1 1 – 6 of 24 (iii) each of FA Cup Packages F, G and H; and 7 Timeslots (v) FA Cup Package I
Second pick Replay Maximum Bid must be per B2 Not applicable Rounds 1 – 6 of 24 Match delivered10
Live All Bidders for this Package must place a Bid for Maximum C Third pick Rounds 3 – 6 FA Cup Package H and at least one of FA Cup of 16 6 Timeslots Package F and FA Cup Package G
Live All Bidders for this Package must place a Bid for Fourth pick Rounds Maximum D FA Cup Package H and at least one of FA Cup 3 – 6 of 16 Package F and FA Cup Package G 5 Timeslots
Live Fifth pick Rounds 3 – 5 All Bidders for this Package must place a Bid for Maximum E 4 Timeslots FA Cup Package H and at least one of FA Cup of 20 Third pick Rounds 1 – 2 Package F and FA Cu p Package G 6 Timeslots United Kingdom and Republic of ireland Media Rights – © The football association 52 SECTION 1 THE FA CUP PACKAGES Seasons 2014/15-2017/18
Number of FA Cup Description Matches Conditionality Notes Bid (£) Package in Term
Bidders may only Bid for this Package if they have Live Maximum Bid for a minimum of 24 FA Cup matches (not F First pick Semi-Final of 4 replays) in Rounds 1 – 6 i.e. FA Cup Package A1, or B1, or a combination of C and/or D and/or E
Live Bidders may only Bid for this Package if they have Second pick Maximum Bid for a minimum of 24 FA Cup matches (not G Semi-Final of 4 replays) in Rounds 1 – 6 i.e. FA Cup Package A1, or B1, or a combination of C and/or D and/or E
Live Maximum H FA Cup Final Not applicable of 4
For a Bid Highlights Not for exploitation I All FA Cup matches Not applicable applicable on a Free basis only
Near Live Clips Not J All FA Cup matches Not applicable applicable United Kingdom and Republic of ireland Media Rights – © The football association 53 SECTION 2 THE ENGLAND PACKAGES Seasons 2014/15-2017/18
11 Bids for England Package A should be Number of for an amount to be paid for a total of England Description Matches Conditionality Notes Bid (£) 14 England Senior Friendly Matches Package delivered during the Term, plus a in Term further payment for each additional England Senior Friendly Match For 14 England delivered during the Term. Senior Friendly 12 Bids for England Package B should Live Matches be for an amount to be paid for each All Bidders for this Package must place A England Senior 14 England U21 Match delivered by The a Bid for England Package C. For each England FA during the Term which is included Friendly Matches in such Package. Senior Friendly Match in excess 13 Bids for England Package D should 11 be for an amount to be paid for each of 14 England U21 Match delivered by The Live FA during the Term which is included Bid must be per England U21 and Not All Bidders for this Package must place in such Package. B England U21 Development Team applicable a Bid for England Package D. 14 See footnote 13. Match delivered12 Matches
Highlights C England Senior 14 Not applicable Friendly Matches
Exclusive: Bid must be per Highlights England U21 England U21 13 Team Matches and Not Match delivered D Not applicable England Development applicable Non-exclusive: Team Matches Bid must be per England U21 Match delivered14 (i) 14 England Senior Friendly Matches; and (ii) subject to a Live Feed of each such Near Live Clip Rights Not Match being available, all England U21 E All England Clip applicable Team Matches and England Development Matches Team Matches. United Kingdom and Republic of ireland Media Rights – © The football association 54 SECTION 3 OTHER FA CLUB COMPETITIONS Seasons 2014/15-2017/18
Number of Description Matches in Conditionality Bid (£) Term
Live Highlights
Minimum The FA Community Shield Not applicable of 32 The FA Challenge Trophy The FA Youth Challenge Cup United Kingdom and Republic of ireland Media Rights © The football association 55 SCHEDULE 2 – NON-DISCLOSURE AGREEMENT (NDA) Seasons 2014/15-2017/18 [TO BE REPRODUCED ON BIDDERS HEADED NOTEPAPER]
The Football Association Limited (b) all information in any medium and British Forces bases overseas for approved by you (“Permitted Wembley Stadium or format (written, oral, visual or which The FA has invited bids in the ITT; Recipients”) and then solely to the Wembley electronic, and whether or not marked extent that such disclosure is strictly “Professional Advisors” means any or London HA9 0WS or described as “confidential”), relating necessary to achieve the Purpose. all agents and representatives advising directly or indirectly to the ITT and We undertake that any Permitted For the attention of: Mary Guest, in relation to the ITT, the tender process the tender process pursuant thereto or Recipients shall comply at all times Head of Legal π Commercial or our Bid, including partners in and to the content of any discussions and with the terms herein as if they were directors and employees of any such [ ] 2013 negotiations between the FA and us a party to this NDA (jointly and advisers; and relating to our Bid or the fact that we severally); Undertaking of Confidentiality in are discussing and/or negotiating a “Purpose” means the evaluation, favour of The Football Association (c) promptly (and in any event within 5 Bid and all information (whether of a preparation and submission of a Bid Limited (“The FA”) days) upon the request of The FA, we technical nature or otherwise) relating and any subsequent discussions and shall return or destroy the Confidential We [insert name of Bidder] hereby to the business or affairs of the FA (or negotiations relating thereto, including Information (including all documents acknowledge that The FA has issued its agents or associated undertakings) the award of any Package(s) to a Bidder or other materials and working an Invitation to Tender dated [ ] May as may be communicated to us, and any written agreement between The papers relating to the ITT, the tender 2013 pursuant to which it will consider whether before or after the date of this FA and a successful Bidder documenting process, our Bid and any discussions Bids for UK media rights to certain NDA including without limitation all the award of such Package(s). or negotiations relating thereto and all association football matches played associated operations, opportunities, 1. Our Obligations electronic copies) and certify to the FA during the four seasons 2014/15 to copyright, know-how, trade secrets, in writing that this has been done; and 2017/18 (the “ITT”) on the condition processes, financial data, technical In return for The FA giving due that we enter into the confidentiality data, processes, research, and consideration to our Bid (whether or (d) we shall not make any public undertakings set out in this NDA. documentation, strategic planning, not The FA subsequently enters into statement or announcement (including, development, costs, prices, finances, discussions and/or negotiations with without limitation, any form of briefing In this NDA the following expressions databases, drawings, models, data and us relating to our Bid), we agree and to the press and media) in relation to the shall have the following meanings: client information, including the fact undertake to The FA that: ITT or the contents of our Bid including “Bid” means each financial bid for that the parties are in discussions about in particular, but without limitation, the (a) we shall use the Confidential any Package(s) submitted to The FA in the Purpose; amount of such Bid or any part(s) Information solely for the Purpose; accordance with the procedures set out of the tender process or any discussions “Connected Persons” has the meaning in the ITT; (b) we shall keep all Confidential or negotiations with The FA in relation given in section 839 of the Income and Information strictly confidential at thereto without The FA’s prior written “Bidder” means any person or entity Corporation Taxes Act 1988 as in effect all times, and shall not disclose the consent; it being agreed that The FA (or persons if a joint bid) who submits at the date of this NDA; Confidential Information to any person shall have the sole right to make any a Bid; “Package(s)” means the package(s) or entity (including, without limitation, announcement in relation to the ITT, “Confidential Information”means: of audio-visual rights in respect of the to the press and media) other than to the tender process, any Bid and the United Kingdom of Great Britain and our directors, employees, Professional award of any Package(s) in respect (a) all information contained in the ITT; Northern Ireland, the Channel Islands, Advisors and such Connected Persons of a Bid. and the Isle of Man, the Republic of Ireland whose names have previously been United Kingdom and Republic of ireland Media Rights © The football association 56 SCHEDULE 2 – NON-DISCLOSURE AGREEMENT (NDA) Seasons 2014/15-2017/18 [TO BE REPRODUCED ON BIDDERS HEADED NOTEPAPER]
2. Excluded Information (d) damages alone may not be an completeness or accuracy of the We hereby agree to be bound by the adequate remedy for any breach by Confidential Information. terms of confidentiality contained in The obligations set out in Clause 1 us of the provisions of this NDA and, this NDA. shall not apply to any Confidential We agree that no right or licence is accordingly without prejudice to any Information that we can demonstrate: granted by The FA to us in relation to Yours faithfully and all other rights or remedies that the Confidential Information except as (a) was publicly available at the time The FA might have, The FA may be is strictly required for the fulfilment of of this NDA or has subsequently come entitled without proof of special damage the Purpose. into the public domain other than as a to the remedies of injunction, specific [insert name of authorised signatory] result of a breach of this NDA; performance and other equitable relief This NDA does not commit either party for any threatened or actual breach of to enter into any proposed venture For and on behalf of [insert name of (b) we have lawfully received from a the provisions of this NDA. relating to the Purpose (or otherwise). Bidder] third party without restriction on its use or disclosure; or We accept full liability for and will No third party shall have rights under indemnify and hold harmless The FA the Contracts (Rights of Third Parties) (c) is disclosed in response to an order against any and losses whatsoever and Act 1999 to rely upon or enforce any by a court or other governmental howsoever arising from any disclosure term of this NDA. body or as otherwise required by law or use of the Confidential Information (provided that we first notify The FA We shall not, without the prior written by us or any Permitted Recipients other regarding the required disclosure and consent of The FA, assign, transfer, than as permitted by this NDA. consult with The FA regarding the sub-contract, sub-license or otherwise manner and timing of such disclosure Any failure or delay by The FA to dispose of the benefit or the burden of and (if requested) co-operate with The exercise or enforce any right or remedy this NDA. FA if The FA elects to contest such conferred by this NDA or by law shall This NDA shall be governed by and disclosure). not constitute a waiver of that or any construed in accordance with the laws other right or remedy nor operate so 3. Remedies of England and Wales and the parties as to bar the exercise or enforcement submit to the jurisdiction of the High We acknowledge and agree that: thereof (or of any other right or remedy) Court of England and Wales as regards on any other occasion. (a) the Confidential Information is any claim, dispute or other matter highly confidential and commercially 4. General arising under or in relation to this NDA. sensitive; We undertake that we are entitled All other capitalised terms used in this (b) disclosure may cause irreparable to enter this NDA and to perform its NDA shall, unless expressly stated to damage to The FA and its business; obligations herein. the contrary, have the same meanings as in the ITT. (c) any third party use or knowledge of We agree that The FA does not the Confidential Information may be make any warranty, undertaking highly damaging to The FA’s business of representation about the validity, and interests; and United Kingdom and Republic of ireland Media Rights – © The football association 57 SCHEDULE 3 Club and FA Holdbacks Seasons 2014/15-2017/18
Bidders acknowledge and agree that “Club Channel” means either “Club Website” means a in length (“Club Highlights”); and/ The FA has and/or reserves the right (i) a channel programme service Participating Club’s official website or (iii) in clip form where individual to exercise and exploit or authorise whose branding includes all or part which is accessible by the general clips are less than 60 seconds in third parties to exercise or exploit of the name, initials or nickname public via an IP address and URL length each subject to a maximum the rights set out in this Schedule 3 of a Participating Club or (ii) a which contains all or part of the aggregate duration of 5 minutes for both outside and within the Territory programming block which is name, initials or nickname of the any individual Club Match (“Club during the Term. licensed by a Participating Club Participating Club and whose content Clips”) on Club Channels and/or for transmission which carries the is dedicated entirely to the exhibition Club Websites with commentary, For the purposes of this Schedule 3 branding of the Participating Club, of news and programming related graphics and titles in any language the following terms and expressions in both cases provided that such to the Participating Club and any during the Transmission window set shall have the following meanings: channel’s or block programming is other football-related programming out in paragraph 1.3 below. dedicated entirely to the exhibition which does not include footage of any 1.2 Holdback of news and programming relating to match(es) in which that Participating the Participating Club and does not Club did not play; and The holdback shall end at midday on include footage of any match(es) in the day following the date of the Club “Participating Club(s)” means any which that Club did not play; Match (UK local time). football club that participates in a “Club Match” means the FA Cup Club Match (whether that Club Match 1.3 Transmission window Matches, The FA Community Shield is played home, away or at a neutral Participating Clubs may only make Matches, the FA Trophy Matches and ground). Transmissions in the following the FA Youth Cup Matches played The FA reserves the right to modify windows: during the Term; any definition used in this ITT within • Two Club Full Transmissions “Club Mobile Service” means a any Media Rights Agreements. of any Club Match in which the Participating Club’s official mobile 1. Club Channels and Club Websites Participating Club participates on service which may be operated by each of the Club Channel and/or Mobile Operator(s) on a non-exclusive 1.1 Introduction Club Website of that Participating basis whose branding includes all or The FA may license or otherwise Club in the period commencing at part of the name, initials or nickname authorise Participating Clubs, the expiry of the holdback set out in of that Participating Club and whose subject in the Territory to the paragraph 1.2 and ending 168 hours content is dedicated entirely to holdback set out in paragraph 1.2 (i.e. 1 week) following the final material relating to the Participating below, to Transmit footage of any whistle of such Club Match; Club and any other football related Club Match both within and outside content which does not include • unlimited Transmissions of Club the Territory: (i) in full without any footage of any match(es) in which that Highlights of any Club Match editing whatsoever (“Club Full”); or Participating Club did not play; in which the Participating Club (ii) in the form of an edited recording participates on the Club Channel of the Match which is less than 90 and/or the Club Website of that minutes but more than 60 seconds United Kingdom and Republic of ireland Media Rights – © The football association 58 SCHEDULE 3 Club and FA Holdbacks Seasons 2014/15-2017/18
Participating Club in the period that in the Territory this shall be Participating Clubs may, in respect commencing at the expiry of the during the Transmission window of Club Matches at their home holdback set out in paragraph 1.2 set out in paragraph 2.2 only and ground only, originate their own and ending 168 hours (i.e. 1 week) further provided always that the footage of such Club Matches following the final whistle of such communication(s) links comprised (“Club Footage”). Participating Club Match; in any such Transmission include Clubs shall not be permitted to at least in part Transmission by originate Club Footage in respect • unlimited Transmissions of Club means of Mobile Communications of away Club Matches or Club Clips of any Club Match in which Technology. Matches at any neutral venue. the Participating Club participates on the Club Channel and/or Club 2.2 Transmission window • No Participating Club will be Website of that Participating Club authorised to make Transmissions Participating Clubs may only make in the period commencing at the of Footage of its Club Matches on a and/or permit Transmissions on their expiry of the holdback set out in VOD basis on the Club Channel. Club Mobile Service in the Territory paragraph 1.2 above and ending during the period commencing at 4. The FA and FA Branded Channels on the conclusion of the Season in the expiry of the holdback set out in which such Club Match is played. • The FA may, subject in the Territory paragraph 1.2 above and ending at to the holdback set out in paragraph 2. Club mobile rights midnight on the following Friday. 1.2 above, Transmit (both within 2.1 Introduction 3. Miscellaneous and outside of the Territory) via any FA Branded Channel edited The FA may licence or otherwise • Participating Clubs may access recordings of the Matches of up to authorise Participating Clubs to the live feed or other feed of any a maximum aggregate duration of Transmit and/or sub licence (on Club Match (the “Feed”) which is 10 minutes of any individual Match, a non-exclusive basis to one or produced by or for any Licensee in each case with commentary, more Mobile Operators) the right for the purpose of exploiting the graphics and titles in any language. to Transmit clips of Club Matches rights set out in this Schedule 3. which are less than 30 seconds each Participating Clubs may make • For clarity, Bidders further in length subject to a maximum arrangements directly with the acknowledge that The FA will be aggregate duration of 5 minutes relevant Licensee to procure access entitled to (i) Transmit matches that (“Club Mobile Clips”) on a Club to the Feed. Participating Clubs are not included in the Packages; Mobile Service with commentary, will be responsible for all technical, and (ii) exploit the Near Live Long graphics and titles in any language lines and other costs associated Form Rights, in each case both for reception and viewing on Mobile with obtaining access to the Feed. within and outside the Territory Devices by any subscriber or user of without restriction (and to authorise • Where no live feed of a Club Match the Club Mobile Service both within third parties to do the same). is produced by any Licensee, and outside the Territory, provided United Kingdom and Republic of ireland Media Rights – © The football association 59 SCHEDULE 4 Distribution Plan Seasons 2014/15-2017/18
The FA as the guardian of the (i) how any and all Coverage specific technologies within (vi) details of all geo-blocking England team and our key Obligations and Coverage each Permitted Delivery and other solutions specified competitions is keen to nurture Entitlements attaching to the System upon which channel(s)/ in Section 5.7.1 that will and develop The FA Properties. As relevant Media Rights will be service(s) are Transmitted; be deployed to ensure the such, The FA requires each Bidder fulfilled or exercised including and (b) any details of instances territorial integrity of the to explain via a Distribution Plan without limitation: (a) details of where a Bidder’s proposed Transmissions (i.e. to ensure how it intends to support The FA in the channel(s) and/or services use of technology upon which that the Transmissions will not this key objective. Therefore, each which will be used to make channel(s)/service(s) are be accessible in intelligible form Bidder must provide for the Territory, the relevant Transmission Transmitted utilises more than by users outside the Territory a Distribution Plan which must detail (including any applicable one of the Permitted Delivery or, where applicable, outside the the information requested at (i) – (xiv) Primary Channel and other Systems; EEA) together with reasonable below. If a Bidder is an agency the Designated TV Channels); evidence to support the (iii) the proposed form of payment Distribution Plan must also contain (b) whether these channels effectiveness of such solutions; mechanism; the detail requested below for all are Free, Pay, Pay Per View (vii) details of proposals for the third parties and/or sub-licensees or other; (c) details as to the (iv) the geographic, audience satisfaction of all other DRM relevant to the Bidder’s plan to exploit number of hours of regularly reach and composition of the (digital rights management) each of the Media Rights within the scheduled daily programming Transmissions (including (i) requirements set out in Section Territory:]]] on the proposed Designated TV the Primary Channel(s); (ii) 5.7.3; Channel; (d) confirmation that the Designated TV Channel(s) the proposed Designated TV and (iii) in relation to the (viii) the distribution model for Channel has a separate EPG Designated Channel Website(s) so-called “smart cards”, sim (for digital transmissions) (e) and the Designated Clips cards and any other decoding details of the relevant satellite(s) Website(s) the average monthly equipment or devices, and from which Transmissions will traffic and number of unique details of how it would support be made and its associated users; and confirmation The FA to tackle the distribution footprint(s); and (f) where a that Transmissions are not of such equipment or devices joint Bid is made the proposed receivable or viewable in to unauthorised users, in division of the Packages within intelligible form outside the particular those outside the the Media Rights the subject EEA or, if they are, full details EEA; of the joint Bid as between the of all such “overspill”; (ix) proposals and concepts for the joint Bidders; (v) specific proposals for marketing and promotion of its (ii) the Permitted Delivery production standards of coverage of The FA Properties System(s) upon which such Programmes bearing in mind and how where applicable this channel(s)/service(s) are The FA’’s minimum production will work across channels and/ Transmitted, including (a) requirements set out in or platforms. Current licensees Schedule 7; of The FA’s rights domestically United Kingdom and Republic of ireland Media Rights – © The football association 60 SCHEDULE 4 Distribution Plan Seasons 2014/15-2017/18
are encouraged to give an (xiii) an overview of how the overview of the promotional acquisition of the FA Properties support actually delivered to will be used to enhance or The FA over the 2010-2014 support the market and brand contract period; positioning of the Bidder and/ or their relevant distribution (x) proposals and concepts for channels; and the presentation of the FA Properties including any (xiv) details of other football rights innovative ideas regarding that the Bidder currently holds presentation, format, or use of with an overview of how the FA new technologies; Properties will be positioned relative to these other rights. (xi) proposals to support the FA Properties and The FA’s objectives, initiatives and commercial activities as outlined in Schedule 6; (xii) details of all broadcast/ communications licences held and/or required for the operation of the relevant Permitted Delivery System; United Kingdom and Republic of ireland Media Rights – © The football association 61 SCHEDULE 5 Commercial Provisions Seasons 2014/15-2017/18
1. Broadcast Sponsorship and Sponsorship packages and all other The FA in advance of each Season Advertising Rights and Restrictions broadcast sponsorship packages during the Term; (irrespective of whether such Licensees shall be entitled to sell • include the relevant FA marks, Commercial Partners purchase any Broadcast Sponsorship to any third event logos or composite logos such Broadcast Sponsorship or party subject always to: within (i) all interview, presentation advertising); and celebration backdrops used • the restrictions set out in this • provide the Commercial Partners at the relevant Match venues; (ii) Schedule 5; and with product and/or service studio dressing (whether on or • the appointment of the Licensee’s category exclusivity on advertising off site); (iii) all FA Cup draws; sponsorship or commercial partners spots where such Commercial (iv) any listings within electronic being subject to The FA’s approval, Partners have purchased programme guides or other pages acting reasonably throughout. advertising spots themselves; and or links in and out of Programmes; and (v) any other promotional and All Licensees (regardless of the • maintain the integrity of The FA and advertising materials relating to the Permitted Delivery System used for its properties and brands and the Programmes, all in accordance with the relevant Transmissions) will be rights of association enjoyed by the the requirements of paragraph 4 contractually required under the Commercial Partners by regulating below; Media Rights Agreement to: the advertising environment within Interactive Services, electronic • use ribbons that contain the event • provide Broadcast Sponsorship programme guides and other types logos or composite logos when packages with priority purchase of launch pages or screens linking displaying any trophies within rights at best available prices to FA content. Programmes including without for use by The FA and/or its limitation any studio or other Commercial Partners (as directed 2. Verbal and Visual References presentation segments; and by The FA in advance of each All Licensees will (to the maximum Season during the Term); • provide on screen credits for any extent permitted by Applicable Law) official timing supplier and/or data/ • provide priority purchase rights be contractually required to: statistics partner appointed by The and preferential prices for The FA’s • provide customary recognition FA from time to time during the Commercial Partners in respect for The FA and the Commercial Term. In addition, all Licensees will of all other broadcast sponsorship Partners through the use of match (to the maximum extent permitted packages and advertising spots; titles, competition logos and verbal by Applicable Law) be contractually • provide the Commercial Partners mentions within Programmes, required to use data as supplied with product and/or service trailers and promotions both on and by The FA from any official data/ category exclusivity on Broadcast off air in a manner to be specified by statistics partner appointed by The FA during the Term. United Kingdom and Republic of ireland Media Rights – © The football association 62 SCHEDULE 5 Commercial Provisions Seasons 2014/15-2017/18
3. Promotional Rights and 4. The FA Cup Broadcast Toolkit • The FA Cup graphic device (e.g. Restrictions FA Cup shards - unique graphic To enable each Licensee to retain elements that can frame the trophy, Subject always to The FA’s prior its individual identity across its copy or image and bring structure written approval and such other broadcasts, whilst incorporating to the screen). customary conditions, restrictions The FA’s brands in The FA Cup and exclusions as shall be specified effectively, The FA will provide each (b) Optional brand assets: in the Media Rights Agreement (e.g. Licensee with a broadcast toolkit that • The FA Cup font a prohibition on applying The FA’s will include mandatory and optional trade marks to items of merchandise brand assets to be used across the • The FA Cup colour palette for sale or distribution to the general following: • The FA Cup imagery and footage public), Licensees will be entitled • Opening sequence (fans, players) on a non-exclusive basis during the Term to use such of The FA’s • Closing sequence All broadcast creative must comply trade marks as may be specified in with the broadcast toolkit and any • Wipes the Media Rights Agreement solely additional brand guidelines notified for the purpose of promoting and • Stings (with and without logo) by The FA. advertising their Transmissions of • On screen graphics The FA shall have the right to Programming. All use of The FA’s approve all uses of the brand assets • Studio graphics trade marks or other intellectual included in the broadcast toolkit. property rights must be in accordance The assets to be included in the To give Licensees some flexibility with the applicable guidelines for broadcast toolkit are as set out below over the utilisation of such usage of the same, as notified by The and in Appendix 1 (mandatory and brand assets across the various FA from time to time. optional): graphic elements used in their (a) Mandatory brand assets: Transmissions, The FA shall require the use of one or more brand assets • The FA Cup logo and/or animated as follows: logo • The FA Cup trophy imagery with sponsor ribbons and/or animated trophy imagery United Kingdom and Republic of ireland Media Rights – © The football association 63 SCHEDULE 5 Commercial Provisions Seasons 2014/15-2017/18
The FA Cup The FA The FA Cup The FA Cup The FA Cup The FA Cup Mandatory use of imagery and Cup logo trophy imagery graphic device font colour applicable asset footage Use of at least one applicable as set Opening sequence Optional use of applicable assets
Closing during the Term, The FA may sequence introduce further toolkits for other FA Properties which all Licensees will be required to use in accordance with the above provisions. Wipes
Stings
Studio graphics United Kingdom and Republic of ireland Media Rights © The football association 64 SCHEDULE 6 – Broadcaster Support Seasons 2014/15-2017/18 for FA Properties and Initiatives
1. The FA’s objectives Each Licensee will be required to • England’s 24 national teams present a support plan to The FA on a (women’s and men’s development The FA is a not for profit organisation Season by Season basis for approval teams as well as senior teams). and invests over £100 million back by The FA. Such support plan will into grassroots football every year. • The FA’s marketing campaign need to be provided at least 6 months All Bids will be considered within the to support participation in key prior to the start of the relevant context of the overall objectives of tournaments. Season. The FA which include: (iii) The FA Cup 2. Examples of support areas • increasing active participation in • Highlighting a town’s ‘Cup Fever’ football in England in all formats at (i) The FA as a Governing Body during the competition. all levels of the game; • Showcasing the role of The FA • The FA’s marketing campaign(s) to • explaining and promoting the role as the governing body of English support The FA Cup. of The FA as the game’s governing football. body; • Pre-match and half time • Showcasing The FA’s international entertainment at the FA Cup Final • raising the level of exposure of all relations role across the world. and Semi-Finals. FA competitions and activities and (ii) England the England teams; and • The FA Cup lead partner’s • In-depth profile on the England marketing campaigns(s) to support • working with Commercial Partners Senior Team coach and / or key The FA Cup. to develop and promote The FA players. Properties and to maximise revenue • How FA Cup prize money supports generation to The FA with all FA • Features on England coaching and football at all levels. profits being re-distributed within medical teams. • The Ronnie Radford Giant Killing the game itself. • Features on The FA’s licensing Award (The FA’s annual FA Cup Bidders must set out in their programme (e.g. the design and award awarded to the team in Distribution Plan how they feel they production of the England kit). The FA Cup who achieve the most can support these objectives, The significant giant killing). • Promotion of England’s preparation FA’s Properties, work and initiatives. for matches e.g. behind the scenes. • Promotion of tools to follow The FA As a guide, Bidders should consider Cup e.g. TheFA.com and Facebook. the non exhaustive areas set out • Promotion of tools to follow England in paragraph 2 below. Further e.g. Facebook page/ Twitter/ free • The history and heritage of The FA information about The FA is available iPhone app. Cup. from TheFA.com. • England membership scheme. • The FA Cup Trophy Tour and any other FA Cup promotional events. United Kingdom and Republic of ireland Media Rights © The football association 65 SCHEDULE 6 – Broadcaster Support Seasons 2014/15-2017/18 for FA Properties and Initiatives
(iv) Wembley Stadium include their proposals within the • The use of such technologies Distribution Plan. or platforms to target discrete • Showcasing Wembley Stadium as demographic or geographic a key global events venue for sport • Proposals and concepts regarding audiences to promote FA events or and music. the timing and nature of FA Cup products. Draws. • Highlighting the greatest/ • The use of, or access to, Licensee historically most important events • Proposals regarding general controlled databases for FA events held at Wembley Stadium. programme formats connected to (e.g. match ticket materials) or the FA Properties, either connected • Showing behind the scenes footage other products or services of The to existing programmes or entirely where appropriate e.g. tunnel FA (subject to applicable data new programmes (e.g. one-off camera on match days. protection laws and regulations). FA initiatives such as the official (v) St. George’s Park (“SGP”) England Tournament song). • Access to Licensee controlled publications or communication • Highlighting the role, purpose and 4. Commercial support channels for the promotion of FA output of SGP. The FA welcomes proposals to products or services. • Showing behind the scenes footage support its key commercial activities, • The creation of joint competitions/ from SGP/coaching in action. examples of which are set out below. promotions for the Bidder and The Bidders may include their proposals • Highlighting available online free FA (e.g. Win Trip of a Lifetime to within the Distribution Plan. football training resources. The FA Cup Final/England Home • Any proposal to further develop International at Wembley) to be run (vi) Grassroots football The FA’s licensing programme, via TheFA.com for data capture programmes including distribution of licensed purposes. • Highlighting the work that The products (for example match day • Editorial space in any relevant FA does to grow participation at programmes) in the Territory. magazine/listing published by grassroots level. • The use of new platforms and the Licensee for FA promotional • Highlighting The FA’s Respect technologies owned and/or purposes. programme. controlled by the Licensee to • Provision of priority purchase support and develop general FA 3. Programming concepts rights for Licensee airtime for use commercial initiatives and to by The FA to promote for example The FA welcomes proposals communicate directly with new kit launches, englandfans club from Bidders as to the format of customers of The FA. programmes, examples of which membership scheme or The FA’s are set out below. Bidders may online store United Kingdom and Republic of ireland Media Rights – © The football association 66 SCHEDULE 7 Production Standards Seasons 2014/15-2017/18
The FA requires that the minimum • A minimum of 25 cameras for Live camera coverage for each Package Matches for the FA Cup Final and shall be as follows: England Senior Friendly Matches • A minimum of 9 cameras for Live • A minimum of 1 camera for any Matches in The FA Cup Rounds 1-2 FA Cup Match which has not been (or earlier), FA Club Competitions selected for Live Transmission or (other than the FA Community Extended Highlights Shield) and England Development The FA will require High Definition Teams and, in respect of The (“HD”) coverage of all Live Matches FA Cup Matches, for extended and all Matches selected for extended Highlights which have not been Highlights which have not been selected for Live Transmission selected for Live Transmission. • A minimum of 15 cameras for Live Matches in The FA Cup Rounds 3 – 6 and England U21 Team Matches • A minimum of 20 cameras for Live Matches for The FA Cup Semi-Finals and FA Community Shield OUR BRAND United Kingdom and Republic of ireland Media Rights © The football association 68 Our Brand Seasons 2014/15-2017/18
Brand assets 1. Brand mark 2. Colour Brand assets are the components The main symbol of our brand. The colour palette options available parts of a brand. When we talk about to anyone applying the brand. applying the brand, we are referring to the technical specifications of these assets, and the creativity involved in design and written communications. Clear guidance on sizing, colour, positioning and typography is crucial to building consistent brand recognition.
3. Typography 4. Imagery and graphic devices
The fonts for use on screen and in print, Photography and graphic style associated with guidance on size and structure. with the brand. ABCDEFGHIJK LMNOPQRST UVWXYZ 012 3456789 – /?!” :;’£$€%&@*() United Kingdom and Republic of ireland Media Rights © The football association 69 Our Brand Seasons 2014/15-2017/18
1. Brand mark The primary visual element of the brand is the brand mark. It is this element that symbolises the whole brand and should be carefully and correctly applied to all brand communications. The brand mark is a registered trademark and can only be used by The FA, its contracted partners and others, such as competing clubs and media. The various forms in which the brand mark can appear are shown over the following pages, usage of the alternate brand mark versions must be signed off by the FA Design Manager. United Kingdom and Republic of ireland Media Rights © The football association 70 Our Brand Seasons 2014/15-2017/18
exclusion zone
The ‘exclusion zone’ is the area of white space which should always be 2x 2x left empty around the brand mark. Clarity and consistency on the exclusion zone are crucial. Clear instructions on sizing and spacing reduce the chances of the brand mark being misused. The brand mark should be left to stand alone without interference from other elements i.e. type, other logos and club crests. The height of The FA Cup wordmark doubled gives you the minimum clear zone, indicated by ‘2x’.
2x 2x
x United Kingdom and Republic of ireland Media Rights © The football association 71 Our Brand Seasons 2014/15-2017/18
2. Primary Colour Palette dark blue The primary colour palette avoids PMS 282 thousands of colour variations. With CMYK 100 / 72 / 0 / 56 this, any designer and artworker RGB 0 / 0 / 51 can bring consistency to brand HEX #002a5b communications, and still have the freedom to be creative through the light blue use of percentage tints and gradients. PMS Cyan Colours are shown by their ratio CMYK 100 / 0 / 0 / 0 of use. RGB 0 / 174 / 239 HEX #00aeef
red
PMS 485 CMYK 0 / 100 / 100 / 0 RGB 216 / 25 / 32 HEX #e2001a
silver
PMS Cool Grey 5 CMYK 0 / 0 / 0 / 30 RGB 192 / 192 / 194 HEX #c0c0c2
white
White CMYK 0 / 0 / 0 / 0 RGB 255 / 255 / 255 HEX #fffff United Kingdom and Republic of ireland Media Rights © The football association 72 Brand identity Seasons 2014/15-2017/18
3. Primary TYPEFACE Just like the brand mark and colour palette, consistent use of typefaces is important to maintain brand identity. This section THE FA CUP should answer all questions on use of typefaces for headings, subheadings and body copy. Typography plays a key part in the tone and character of The FA HEADLINE Cup brand. ‘The FA Cup Headline’ and ‘The FA Cup’ typefaces were designed to reflect the prestige of the competition and must be used in all FA Cup brand material.
ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz 0123456789 – /?!”:;’£$€%&@*()
Headings and subheadings
‘The FA Cup Headline’ should only be used for headlines and subheadings. United Kingdom and Republic of ireland Media Rights © The football association 73 Our Brand Seasons 2014/15-2017/18 Primary Typeface THE FA CUP
THE FA CUP THE FA CUP BOLD Light
ABCDEFGHIJKLMNOPQRSTUVWXYZ ABCDEFGHIJKLMNOPQRSTUVWXYZ abcdefghijklmnopqrstuvwxyz abcdefghijklmnopqrstuvwxyz 0123456789 – /?!”:;’£$€%&@*() 0123456789 – /?!”:;’£$€%&@*()
Body copy highlights Body copy
The FA Cup Bold should only be used for The FA Cup Regular and Light is our core highlighting body copy, or where additional clarity body copy typeface and should never be used is needed. It should never be used for headlines or for headlines or any headings. any headings. United Kingdom and Republic of ireland Media Rights © The football association 74 Our Brand Seasons 2014/15-2017/18
4. IMAGERY AND GRAPHIC DEVICES The FA Cup – Trophy photography
Nothing conveys the prestige of The FA Cup better than the trophy itself. Its shape is instantly recognisable and although it’s been photographed thousands of times, few pictures do it justice. United Kingdom and Republic of ireland Media Rights © The football association 75 Our Brand Seasons 2014/15-2017/18
Trophy photography cropping
In a number of ways, The FA Cup trophy images can be cropped either around the trophy, or by taking various sections of it. This allows designers maximum flexibility, whilst preserving The Cup’s integrity. To make sure The FA Cup is always recognisable, at least one of the Cup’s handles and ribbons must be visible. United Kingdom and Republic of ireland Media Rights © The football association 76 Brand identity Seasons 2014/15-2017/18
Brand Devices
The FA Cup brand device is a unique, graphic element that can frame the trophy or copy or football image, and bring structure to a page or screen. It has been created to work in conjunction with The FA Cup trophy and photography. United Kingdom and Republic of ireland Media Rights © The football association 77 Brand identity Seasons 2014/15-2017/18
brand device cropping
The dynamic graphic can be cropped closely for special cases, i.e. The FA Cup draw staging or background patterning. United Kingdom and Republic of ireland Media Rights © The football association 78 Brand identity Seasons 2014/15-2017/18
This section shows the best examples of The FA Cup printed media. PITCH PERIMETER BOARDS
EXTERNAL FASCIA BANNER
TICKET
MILLWALL v WIGAN ATHLETIC CHELSEA v MANCHESTER CITY PROGRAMME COVERS DESK GRAPHICS
PLAYERS TUNNEL TOP DOOR GRAPHICS United Kingdom and Republic of ireland Media Rights © The football association 79 Brand identity Seasons 2014/15-2017/18
Photography people action Photography plays an important role in articulating brand messages. It should reflect the audience with whom we’re speaking and the values we want to convey. A distinct photographic style is just as important as the visual identity and tone of voice. This section should give designers, art directors and photographers a clear idea of the qualities each image should have – whether specially-commissioned or purchased from stock.
Location Product United Kingdom and Republic of ireland Media Rights © The football association 80 Our Brand Seasons 2014/15-2017/18
People photography
A selection of images in the brand style is a useful guide. For people, we look for the human side of the game, supporters, families, children – all reflecting the brand values. United Kingdom and Republic of ireland Media Rights © The football association 81 Our Brand Seasons 2014/15-2017/18
Product photography