Horses & Law
Rule 40 Athletes and Sponsors at the Olympic Games
During the Olympic Games it is not permitted to display the logo and/or the brand of the sponsor; there are many restrictions for athletes and (non-Olympic) sponsors
The Olympic Games are regulated by the Olympic Card, which is an official document approved by the International Olympic Committee which regulates the participation and the unrolling of the Olympic Games. Rule 40 is one of the rules of the Olympic Card, which determines the limitation of the use of the name and image of an athlete during the period of the Games (defined as the ‘Rule 40 duration’).
Rule 40 Participation in the Olympic Games
To participate in the Olympic Games, a competitor, team officials or other team personnel must respect and comply with the Olympic Charter, the World Anti-Doping Code and the Olympic Movement Code on the Prevention of the Manipulation of Competitions, including the conditions of participation established by the IOC, as well as with the rules of the relevant IF as approved by the IOC, and the competitor, team official or other team personnel must be entered by his NOC.
All competitors, team officials or other team personnel in the Olympic Games shall enjoy freedom of expression in keeping with the Olympic values and the Fundamental Principles of Olympism, and in accordance with the Guidelines determined by the IOC Executive Board.
Bye-law to Rule 40
Each IF establishes its sport’s rules for participation in the Olympic Games, including qualification criteria, in accordance with the Olympic Charter. Such criteria must be submitted to the IOC Executive Board for approval.
The application of the qualification criteria lies with the IFs, their affiliated national federations and the NOCs in the fields of their respective responsibilities.
Competitors, team officials and other team personnel who participate in the Olympic Games may allow their person, name, picture or sports performances to be used for advertising purposes during the Olympic Games in accordance with the principles determined by the IOC Executive Board.
The entry or participation of a competitor in the Olympic Games shall not be conditional on any financial consideration.
Let’s focus Rules 40, and what can and cannot be done in relation to sponsors and communication during the Olympic Games?
Firstly, it must be clarified that each athlete, during this event can only and exclusively represent their own country.
Clothing and equipment with sponsor logos and reference to the company
During the Games the Participant may not use clothing or equipment – including saddle pads, ear bonnets, rugs, etc. – displaying the logo of their sponsor.
The Participant is not permitted to refer in any way to their sponsor during the Games. Likewise, before the Games the rider is not allowed to associate his sponsor with the Olympic Games.
Use of the Participant’s image outside the duration of the Games
Non-Sponsor Companies may use the image of a Participant outside the Olympic Games duration, provided that the communication is not Olympic-themed and never creates, either directly or indirectly, an idea of association between non-sponsor companies and the Olympic Games, the IOC, the OCOG, the CONI, or the Team Italia.
This includes both verbal and visual communication, but is not limited to:
Use of Olympic properties.
References to France and its characterising elements and landmarks, depending on the context.
Sports images capable of creating a direct or indirect association with the competitions of the Olympic Games.
References to the ‘Road to + Games / City or Country hosting the Games’ and similar.
Use of the Participant’s image during the duration of the Games
Non-Sponsor Companies may use a Participant’s image during the duration of the Games:
With the Participant’s consent.
Respecting the policies of the IOC and CONI on any activities incompatible with the values of the
Olympic ethos (for example: tobacco, alcohol, gambling, pornographic or immoral activities).
If the advertising does not include Olympic Properties.
If there is no product endorsement or connection with the Participant’s performance.
If it includes generic advertising..
Generic advertising
This includes any communication from non-Sponsor Companies that simultaneously meets the following requirements:
Where the use of the Participant’s image is the only link between the marketing activity and the Olympic Games, the IOC, the OCOG, the CONI, or the Team Italia.
Where the campaign has been on the market for at least 90 days before the start of the Games (19 April 2024).
Where the media plan does not include an increase in investments and frequency during the Games duration.
Congratulations messages
During the duration of the Games, only Olympic Partners will be able to advertise this type of communication, as congratulations are not considered Generic Advertising, due to the intrinsic connection with the Olympic Games.
By ‘congratulations’ we mean:
Messages of support / regret towards a Participant or the Team Italia linked to participation in the Olympic Games (e.g. good luck before the Participant’s competition at the Olympic Games or his departure for the Olympics).
Congratulatory messages in favour of a Participant or the Team Italia for any result achieved at the Olympic Games (e.g., for winning a medal at the Olympic Games).
Team clothing
The use of the Participant’s image while wearing clothing representing the Team Italia is not permitted.
Nor is the representation of multiple athletes belonging to the same team.
Digital
Non-Sponsor companies will never be able to share content of Olympic nature (either during or outside the duration of the Games), such as those of the IOC, OCOG, Olympic Channel, CONI, Team Italia, Participants, Federations and National Teams competing in the Olympic Games. The non-Sponsor Company may not use third-party publishers (for example: newspapers, influencers, bloggers, content creators) to contextualise its image alongside the Participant in order to create an association, whether direct or indirect, with the Olympic Games and the Olympic Movement.
Seasonal campaigns
CONI has reserved the right to evaluate exceptions to the concept of generic advertising, case by case, on the occasion of seasonal campaigns (for example: back to school, campaigns linked to events close to the Olympic Games), repeated annually in the period coinciding with the duration of the Games.
Thanking own sponsors
Participants in the Games will be able to thank non-Sponsor Companies on their social channels, even during the Games Period, with just one thank you post per Company, albeit with restrictions.
Outside the duration of the Games
The Participants will be able to communicate their association to the non-Sponsor Company, however they should never make any reference to their role as a Participant to the Olympic Games, and to the Olympic Movement, as well as to previous performances in previous editions of the Games.
During the duration of the Games
Participants may not link the non-Sponsor Company to their performance, write content for commercial purposes, share content from the non-Sponsor Company, use hashtags linked to the campaign and brand, include photos and videos of product placement, as an example or explanation.
For example, a post saying ‘Thanks to my sponsor who allowed me to get to the 2024 Olympics’ is not allowed.
The same post shared simultaneously on platforms with the same content both in terms of image and text will be considered as a single post.
At the end of the Olympic and Paralympic Games, the Participant will be able to show off their medals, but in any case, they cannot be associated with the personal sponsor, who can, at most, mention to be the sponsor of an Olympic Champion.
