Rule 40 playbook: Guidelines on social media posting for Team Canada athlete sponsors

Going for (marketing) gold: Advertising law in the summer of sport (Part 3)

This summer, the world of sport will captivate fans worldwide. In our "Going for (marketing) gold" series, we're delving into the essential considerations and legal nuances for businesses looking to advertise to the audiences of these global spectacles while navigating the complex landscape of advertising law.

Behind (almost) every successful Olympian, there is a team of sponsors wanting to celebrate – and create some buzz for themselves around – their athlete’s accomplishments. As we have all seen over the past few weeks, one of the most common ways to do this is on social media – either via a congratulatory post on the brand’s page, or by having the athlete post something mentioning their sponsor. 

But what happens when, as is often the case, these brands sponsor an athlete, but not the Olympic Games themselves?

As mentioned in previous articles in this series, advertising related to the Olympic Games is strictly regulated by the International Olympic Committee (“IOC”) and National Olympic Committees (“NOCs”) of participating nations. Each have implemented rules on the use of Olympic-related symbols, words and other intellectual property.

In order to protect the Olympic brand (and official Olympic sponsors) in Canada, the Canadian Olympic Committee (“COC”) developed the Paris 2024 Athlete Marketing/Rule 40 Guidelines for Athletes and Personal Sponsors (the “Sponsor Rule 40 Guidelines”).

The Sponsor Rule 40 Guidelines apply to both content put out by sponsors of Team Canada athletes, and content put out by athletes themselves. In each case, there are various ground rules to keep in mind.

For sponsors: What material NOT to post

Sponsoring an athlete is an investment, and when an Olympian succeeds, sponsors naturally want to capitalize on the opportunity to enhance their brand's visibility. In high-profile moments, such as a standout performance at the Games, sponsors are eager to join the buzz and leverage the athlete’s success.

In accordance with the Athlete Rule 40 Guidelines, here’s what sponsors of Team Canada athletes and any other sponsor campaigns targeted to Canada should avoid doing if they want to avoid getting (s)lapped and still make a splash this summer.

Hit it out of the park: What NOT to do when featuring Team Canada athletes in social media advertising^[1]

• Avoid double dribbling: Do not create, directly or indirectly, any association between the sponsor or any of its products/services and Team Canada, the Games of the Olympic movement.
• No performance shoutouts: Do not reference an athlete’s performance or participation in the Games.
• Bench the Olympic photos and videos: Do not use Olympic images or videos.
• Trademark timeout: Do not use Olympic marks, IP (including hashtags), or Team Canada branded apparel.
• Games period sensitivity: Ensure advertising is in market 90 days prior to the Games Period (i.e. April 18, 2024, and that notification of the advertisements was sent to the COC prior to this date), is consistently advertised and, most importantly, not escalated during the Games Period (subject to certain exemptions).

 

Image: Canadian Olympic Committee 2024

Posting like an MVP: What NOT to do when posting your permitted congratulatory message(s) on social media^[2]

• No more than one high-five: Do not post more than one congratulatory message per sponsored athlete, and do not repost or share more than one “thank you” message posted by the sponsored athlete.
• Avoid the technical foul: Do not include photos/videos from any Games venues.
• Don’t get caught offside: Do not include photos/videos of the athlete in Team Canada branded apparel or with an Olympic medal.
• Avoid your own goal: Do not mention or promote products or services.
• Don’t step out of bounds: Do not mention or tag Team Canada, the Games, or include other Olympic Marks (including hashtags e.g. #TeamCanada, #Paris2024, etc.).
• Avoid the foul play: Do not include reposts/shares of Team Canada, IOC, Games or other Olympic social media content.

Image: Canadian Olympic Committee 2024

Sponsors who plan to post congratulatory content during the Games Period are asked to notify and share their planned posts with the COC before posting.^[3] Compliance with the Sponsor Rule 40 Guidelines can be very challenging, it is therefore recommended to obtain expert counsel when in doubt.

For athletes: What NOT to post

What do the world’s top athletes do after winning a coveted Olympic medal?

If we were to guess (as we do not have the athletic prowess to have experienced this ourselves!) we can imagine that their immediate plans would include celebrating with their coaches and teammates, eating a well-deserved meal, and maybe indulging in an ice bath. Once the euphoria settles, they’ll likely be eager to share their triumph on social media, expressing gratitude to fans, loved ones, and sponsors for the support (and in some cases, throw shade at former teammates). 

However, navigating the complexities of Olympic intellectual property rules adds a layer of challenge to their social media celebrations. When it comes to posts mentioning personal sponsors who aren’t official partners of the Olympic Games or Team Canada, athletes must adhere to strict guidelines. While they may be basking in the glow of their podium finish, mastering Olympic advertising guidelines is a whole other hurdle – an important one athletes must cross if they want to avoid finding themselves in troubled waters (and we’re not talking about the Seine).

In accordance with the Athlete Rule 40 Guidelines, here’s some of the things that Team Canada athletes should avoid doing if they want to win social media gold this summer.

Post like a pro: What NOT to do when promoting sponsors on social media during the Olympics

• No sponsor shoutouts: Do not share a post that creates, directly or indirectly, any association between the sponsor or any of its products/services and Team Canada, the Games of the Olympic movement.
• Skip game day references: Do not reference the athlete’s performance or participation in the Games.
• No pics and flicks: Do not use Olympic images or videos.
• Brand ban: Do not use Olympic marks, IP, or Team Canada branded apparel. Keep posts generic.
• Games period sensitivity: Ensure advertising is in market 90 days prior to the Games Period (i.e. April 18, 2024, and that notification of the advertisements was sent to the COC prior to this date) is consistently advertised and, most importantly, not escalated during the Games Period (subject to certain exemptions). 

Image: Canadian Olympic Committee 2024

Going for gold: What NOT to do when posting your permitted ‘thank you sponsor’ message(s) on social media during the Olympics^[4] 

• Venue views off limits: Do not include photos/videos from any Games venues.
• Keep the gear and gold hidden: Do not include photos/videos of the athlete in Team Canada branded apparel or with an Olympic Medal.
• Steer clear from product plugs: Do not mention or promote the sponsor’s products or services.
• Leave the Olympic tags and hashtags behind: Do not mention or tag Team Canada, the Games, or include other Olympic Marks (including hashtags e.g. #TeamCanada, #Paris2024, etc.).
• No repost or sharing of Olympic content: Do not include reposts/shares of Team Canada, IOC, Games or other Olympic social media content. 

Image: Canadian Olympic Committee 2024

While Canadian athletes aren’t required to notify the COC of their planned thank-you posts, it is their responsibility to ensure compliance.

Compliance with the Athlete Rule 40 Guidelines can be very challenging, it is therefore recommended to obtain expert counsel when in doubt.

Read the rest of the Going for (marketing) gold series:

• Ambush marketing and major sporting events
• Use of Olympic-protected brands in advertising