How to Sponsor Olympic Athletes without Violating Rule 40: Paris 2024 and Los Angeles 2028

By Allison Hushek on July 12, 2024

Rule 40 and Sanctions. No, you can’t stick your product in the hands of a willing, suited up Olympic athlete and post a photo. The International Olympic Committee (IOC) implemented Rule 40 of the Olympic Charter in 1991. This rule governs how a for-profit or nonprofit company that is not an official Olympic sponsor can engage in marketing, advertising and other forms of commercial association with an Olympic athlete, coach or trainer (whether paid or not) for the use of the name, image, voice or likeness. There are only 15 Official Olympic Sponsor Partners for the Paris 2024 Olympics (e.g., Visa, Toyota, Coca-Cola, airbnb); all other companies must abide by Rule 40.

Each National Olympic Committee (NOC) may vary the IOC rules, so a company must also review a country’s NOC Rule 40 guidelines if such country is being “targeted” in advertising (as determined by the athlete’s country, language used and location of media outlet). If Rule 40 is violated, the IOC and NOC can issue sanctions which are primarily monetary and involve revocation of the advertisement, though severe violations can result in an athlete being withdrawn from the Games - so you want to be in compliance with Rule 40 to protect the athlete.

Notices, Timelines and Prohibited Businesses. After a company engages with an Olympic athlete for a sponsorship deal, the company must notify the IOC and corresponding NOCs via online portals by June 18, 2024, or if that date has passed, outside of a 15-day window before an ad is published. If there is any feedback from the committees, it is provided within about 10 days of a company’s initial notice. Submissions of proposed creatives thereafter are not required, but the USOPC in the U.S., for example, is a resource for questions pertaining to proposed ideas. Prohibited businesses for sponsorship of Olympic athletes according to the IOC are gambling, pornography, tobacco, prohibited drugs and “immoral businesses.”

Generic Advertising. Non-official sponsors may engage in Generic Advertising with athletes that have provided consent. Generic Advertising means the ads have been in the market for 90 days prior to the Games Period, must have run consistently, and are not materially escalated during the Games Period. For the Paris 2024 Olympics, the Games Period for Rule 40 is defined as July 18 through August 13 (inclusive); and for the Paralympics, August 21 through September 10. Exemptions to the 90-day period can be made for business-as-usual campaigns. Reference to Olympic Games and Olympic Properties are not allowed to be used by non-official sponsors (e.g., the rings, words such as Olympics, reference to Paris 2024 or any Paris imagery like the Eiffel Tower, name of an Olympic Team, Olympic venues or imagery, Olympic uniforms and medals, and Olympic taglines). Basically, association with the Olympics is reserved for Official Olympic Sponsors.

Athlete-Recognition Marketing. There are two types of Athlete-Recognition Marketing for non-official sponsors and athletes:

Congratulatory Advertising by Companies: Congratulatory Advertising includes posting supporting messages (e.g., sympathetic) and congratulatory messages (e.g., kudos for Olympic performances) from companies to athletes. Reference to Olympic Games is prohibited, Olympic Properties may not be used, and these messages may not be posted during the Games Period. Let me repeat that last part: a company may not congratulate an Olympic athlete it has a commercial relationship with during the 27-day window surrounding the Olympics, even if there are no references to the Games and no Olympic Properties are used in the post.

Thank You’s by Athletes: Athletes can thank unofficial sponsors publicly (e.g., via social media) during the Games Period so long as certain rules are met. Notice to the IOC or NOC is not required. The message may not: (i) imply performance was enhanced by the company’s product, (ii) be a personal endorsement of a product, (iii) reference the Olympic Games or Olympic Properties, (iv) exceed one thank you for each unofficial partner (simultaneous social media platform posts are counted as one message), with a maximum of 7 thank you’s for companies during the Games Period, (v) hide the commercial relationship (must be transparent about being paid, incentivized or rewarded for the promotion), (vi) be mixed with thank you’s to Official Olympic Sponsors, and (vii) be reposted by the company if the athlete content includes Olympic stakeholders or medals.  

Resources for Marketing Teams. It is advisable to have a company’s marketing team review the following resources to understand specific examples of what a company can and cannot do pertaining to advertising with Olympic athletes. For instance, it is permissible to refer to the athlete as an “Olympic Silver Medalist” or “Olympian” so long as the athlete’s other achievements (e.g., World Champion) are listed no less prominently. Also, Rule 40 does not apply to alumni. The IOC’s Key Principles, Illustrative Guidance and FAQs for Rule 40 pertaining to Paris 2024 may be found here: IOC Rule 40 Guidelines. Team USA Rule 40 Guidelines for Brands may be found here: Team USA Rule 40 Guidelines. Additional resources may be found online.

Conclusion. The information in this article should help companies start down the path of entering into sponsorship deals with Olympic athletes for the Paris 2024 and Los Angeles 2028 Olympics. I am looking forward to the upcoming Paris Games.

Playbook Law is a solo firm providing General Counsel Services for Startups and Interim In-House Counsel for Established Companies in the Technology, Gaming, Entertainment + Sports industries.

This blog is provided for information purposes only and does not constitute legal advice and is not intended to form an attorney-client relationship.

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