UNITED STATES OLYMPIC COMMITTEE
Athlete Advertising Waiver System: Terms of Service
Welcome to the United States Olympic Committee’s Athlete Advertising Waiver System (the “Platform”).
These terms of service (“Terms”) are a legal agreement between you and the United States Olympic Committee (“USOC”, “we” or “us”) governing your use of the Platform. You may be asked to agree to additional terms during the course of your waiver application process (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms shall govern.
By using the Platform, you are representing and warranting that:
THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE PLATFORM OR ANY SUBMISSIONS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
1. USOC PyeongChang Winter Games Participant Advertising Guidance
The USOC’s PyeongChang Winter Games Participant Advertising Guidance can be found here .
As established by the IOC, the Rule 40 period for the Olympic Winter Games PyeongChang 2018 is February 1, 2018 – February 28, 2018 (the “Applicable Games Period”). As established by the IPC, the applicable period for the Paralympic Winter Games is March 3, 2018 – March 21, 2018.
2. Approval Process
i. General Guidelines. Athlete Marketing will review all submissions and tactics for compliance with the qualification criteria described in the USOC PyeongChang Games Participant Advertising Guidance, as determined by USOC in its sole discretion.
ii. Specifications. The USOC Athlete Advertising Waiver System User Guide, which can be found here , lists the acceptable formats for uploading your campaign media to the Platform. Please note that the maximum file size is 250 MB.
iii. Deadlines and Deliverables.
(a) OLYMPIC WINTER GAMES:
August 1, 2017: Submissions Period Begins
October 1, 2017: Submissions Period Ends
(b) PARALYMPIC WINTER GAMES:
November 15, 2017: Submissions Period Begins
December 15, 2017: Submissions Period Ends
b. Review and Approvals
i. All submissions will be reviewed by Athlete Marketing, a division of the USOC, on a rolling basis. Athlete Marketing has final decision-making authority with respect to approving submissions and granting waivers therefor.
ii. All communications, including notification of an approval, rejection, or request to revise, will be made via the Platform. You will receive an email from us when a new notification or message has been posted to your Account (defined below).
iii. USOC reserves the right to reject any submission made herein or to require additional revisions prior to approval. If you do not revise and re-submit the tactic as requested, the waiver will not be granted, and the tactic may not be published or distributed during the Applicable Games Period.
iv. USOC reserves the right to revoke any previously issued waivers for cause, including but not limited to failure to comply with IOC, IPC and/or USOC policies, including these Terms.
Please note that the USOC will review your submissions solely for compliance with the USOC’s PyeongChang Games Participant Advertising Guidance. The USOC does not and cannot review your submission for compliance with any other laws, regulations or policies. All tactics should be reviewed by an attorney for compliance with all applicable laws, regulations, and policies.
3. Your Account.
a. Your Account. You will need to register for an account (“Account”) on the Platform in order to submit your campaign media and tactics for approval.
b. Restrictions on Use.
i. You agree not to use any false, inaccurate or misleading information when registering for your Account.
ii. If we disable your Account, you will not create another one without our permission.
iii. You will keep your contact information accurate and up-to-date.
iv. If you create an Account on behalf of an entity, you represent that you have the legal authority to bind that entity to these Terms.
v. You cannot transfer your Account to another user or entity.
vi. To protect your Account, keep your Account details and password confidential. You are responsible for all activity that occurs under your Account.
4. Representations and Warranties.
Each person and/or entity making any submissions via the Platform (“Representative”) represents, warrants and covenants that:
a. The execution of these Terms and the activities contemplated are within its powers and authority.
b. Its performance of these Terms will not result in a violation of any agreement or other contractual obligation by which it is bound.
c. It will comply with all applicable federal, state and local laws, ordinances, regulations and codes which are relevant to its performance of its respective obligations under these Terms.
d. It has entered into a written agreement with Athlete that permits Representative to use Athlete’s name and/or image as provided in the submissions.
e. It has all necessary licenses and clearances to use the content contained in the submissions.
f. If its relationship with an Athlete terminates, Representative will notify USOC immediately and withdraw any pending submissions relating to that Athlete.
g. It will not, without USOC’s prior written consent publish, distribute or otherwise make publicly available any campaign media or tactic featuring a Games participant during the Applicable Games Period.
5. Platform Availability
We strive to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and the USOC is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve your submissions or communications from us.
6. Disclaimer of Warranties, Limitation of Liability, Indemnification
a. Disclaimer of Warranties.
USOC, AND OUR VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT USE OF THE PLATFORM IS AT YOUR OWN RISK AND THAT WE PROVIDE THE PLATFORM ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE PLATFORM. USOC DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE ON THE PLATFORM, NOR DOES IT GUARANTY ANY RESULTS FROM ITS USE. WITHOUT LIMITING THE FOREGOING, USOC SHALL HAVE NO LIABILITY FOR THE REJECTION OR APPROVAL OF A SUBMISSION. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS OR DISCLOSURE WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
b. Limitation of Liability.
EXCLUDING ANY INDEMNITY OBLIGATIONS OR DAMAGES THAT RESULT FROM A REPRESENTATIVE’S INTENTIONAL MISCONDUCT, NEITHER OF THE PARTIES WILL BE LIABLE FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THE SOLE REMEDY AVAILABLE TO REPRESENTATIVE OR ATHLETE FOR A BREACH OF THESE TERMS AND/OR FOR ANY CLAIMS ARISING OUT OF APPROVAL OR REJECTION OF SUBMISSIONS SHALL BE $50.00.
Representative will indemnify, defend and hold USOC, its officers, directors, employees, agents and volunteers, harmless from and against any and all claims, suits, actions, damages, liabilities, judgments, losses, assessments, interest charges, penalties, costs and expenses (including, attorney’s fees and disbursements) arising out of or relating to Representative’s acts and omissions hereunder.
7. Proprietary Rights.
a. Platform Content.
You acknowledge that all copyrights and other intellectual property rights in the Platform (collectively, the “USOC Content”) are owned by the USOC or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws and all other applicable laws. Unless expressly permitted by an authorized person in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the USOC Content.
b. Trade and Service Marks.
For information on USOC’s trade and service marks, please review the U.S. Olympic and Paralympic Brand Usage Guidelines, located here .
a. Information We Collect
Information You Give Us
When you interact with our Platform, you may provide information that could reasonably be used to contact you, or to identify you personally, or that otherwise relates to your person (“Personal Information”), such as:
Information We Automatically Collect or Receive When You Use Our Platform
Whenever you interact with our Platform, we, as well as any of our third-party service providers, may use a variety of technologies that automatically or passively collect information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include, among other things:
Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.
b. How We Use the Information We Collect or Receive
We use the information we collect and receive for the following general purposes:
c. How We Share the Information We Collect and Receive
We are committed to maintaining your trust, and we want you to understand how we may share the information we collect.
d. Your Choices
If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platform, you may edit your registered user information. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
e. Data Security
We have adopted security procedures to help protect against loss, misuse, and unauthorized access to the information we collect and receive. Please note that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect the information we maintain, we cannot guarantee or warrant the security of any information you disclose or transmit to our Platform and cannot be responsible for the theft, destruction, or inadvertent disclosure of information.
You are responsible for maintaining the confidentiality of your account password and for any access to or use of the Platform using your password, whether or not authorized by you. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
9. Dispute Resolution; Arbitration
This section applies to any dispute you have with the USOC.
a. Location and Governing Law. These Terms are governed by, and must be construed in accordance with, the laws of the United States and the State of Colorado, as applicable, without giving effect to their principles of conflicts of law. By using the Platform, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
b. Notice of Dispute. For any problem or dispute that you may have with the USOC, you acknowledge and agree that you will first give the USOC an opportunity to resolve your problem or dispute. This includes you first sending a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution. You must send any Notice of Dispute by U.S. Mail to the Legal Department, United States Olympic Committee, One Olympic Plaza, Colorado Springs, CO, 80909. You then agree to negotiate with the USOC in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the USOC’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
c. Small Claims Court. You may litigate any dispute in small claims court in El Paso County, CO or in your own county of residence, if the dispute meets all the requirements to be heard in small claims court. You may litigate in small claims court whether or not you negotiated informally first.
d. Binding Arbitration. If you and the USOC do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
e. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor the USOC will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
f. Arbitration Procedures. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You agree to commence arbitration only in your county of residence or in El Paso County, Colorado. USOC agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
g. Claims Or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in small claims court, or in an arbitration proceeding. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within one year, it's permanently barred.
a. Electronic Communications. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all notice and other communications via the Platform.
b. Platform Use. You may use the Platform solely in connection with providing us with your submissions. You may not do anything that could disable, overburden, or impair the proper working or appearance of the Platform, such as uploading viruses or other malicious code.
c. Changes to these Terms. We may change these Terms at any time, and we’ll tell you when we do. Using the Platform after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Platform and close your Account.
d. Force Majeure. USOC will not be liable for any delay or default in the performance of its obligations if such delay or default is caused by conditions beyond its reasonable control, including fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures or acts of God (collectively, “Force Majeure”).
e. No Assignment. These Terms or any approvals granted via the Platform may not be sold, assigned, or transferred to a third party without first obtaining the written consent of the USOC. Any sale, assignment or transfer prohibited hereunder shall be null and void.
f. No Waiver. Failure of USOC to enforce any of the provisions herein shall not be construed as a general relinquishment or waiver as to that or any other provision.
g. Entire Agreement. These Terms contain the entire agreement between the parties relating to the subject matter hereof, and no change or modification of any of its provisions shall be effective unless made in writing and signed by both parties.
h. No Joint Venture. Nothing in these Terms shall constitute a partnership, joint venture or agency between the parties.
i. Survival. Any provision of these Terms that expressly or by implication is intended to come into or remain in force on or after termination will continue in full force and effect notwithstanding any such termination.
Last Updated: October 24, 2017.