Fan Info - INDYCAR 101 - Rulebook - Chapter 13: Commercial Activities and Awards

Download Updated Rulebook: 2018 Verizon IndyCar Series Rulebook (Full)

NEW FOR 2018: Rules are regularly refined for clarity. The link above is to a regularly-updated 2018 Verizon IndyCar Series rulebook.

IMPORTANT: The rulebook content below was released to all parties on January 16, 2018, and should be considered UNOFFICIAL. No in-season amendments or bulletins are reflected in the below copy. Please refer to the above PDF link for the updated rulebook.

13. COMMERCIAL ACTIVITIES & AWARDS

13.1. Logo Display

13.1.1. All Members agree to comply with the INDYCAR Style Guide, including, without limitation, display of all required emblems on all uniforms, Cars and other equipment and/or use of all required equipment.

13.2. Advertising

13.2.1. INDYCAR may regulate or deny the advertising of any product on equipment, apparel or otherwise in connection with a Member, INDYCAR, the IndyCar Series or any Event.

13.2.2. Advertising may not be displayed until it has been approved by INDYCAR. INDYCAR may disapprove advertising for any reason, including, without limitation, advertising which it determines is offensive, inappropriate, illegal, undignified, in conflict with any INDYCAR or Event Promoter sponsorship, potentially confusing or may detract from the interest in any Event and/or the integrity of INDYCAR and/or the IndyCar Series.

13.2.3. INDYCAR may require a Member to agree in writing with a policy statement regarding advertising of a particular product.

13.2.4. Product advertising must comply with all Rules, including without limitation, size.

13.3. Title Sponsor

13.3.1. No Member shall grant any sponsorship or other promotional rights to any Title Sponsor Competitor (as defined below) or for any products or services in the Title Sponsor Category (as defined below) unless approved by the Title Sponsor.

13.3.1.1. For purposes of this Rule 13.3, Title Sponsor Competitor is defined as any company whose primary business product or service is a competitor of the Title Sponsor's in the Title Sponsor's Category, regardless of whether the Title Sponsor Competitor activates within the Title Sponsor's Category.

13.3.1.2. For purposes of this Rule 13.3, Title Sponsor Category is defined as:

13.3.1.2.1. Wireless telecommunications services, which refers to wireless voice, messaging and data communication services including wireless networks and successor technologies (e.g. 3G, 4G, Wi-Fi, Advanced Wireless Services, Multicast) (collectively “Wireless Services”);

13.3.1.2.2. Voice Over IP (VOIP), which refers to transmission technologies for delivery of voice communication over IP networks such as the Internet;

13.3.1.2.3. Wireline telephone services, which refers to local and long-distance voice telecommunication enabled via wires or cables;

13.3.1.2.4. Television services, which refers to the distribution of television and video programming from multiple programming sources that are licensed and aggregated together and offered on a subscription or on demand basis;

13.3.1.2.5. Online Video distribution services, which refers to the distribution of video content via the Internet;

13.3.1.2.6. Wireline and wireless broadband Internet and data services, including service that enables an Internet or data connection (e.g. modems, USB Modem, PC Cards, MiFi, Wi-Fi, Mobile Hotspot);

13.3.1.2.7. Cloud services, which refers to cloud computing and storage services;

13.3.1.2.8. Telematics and machine-to-machine communication/connectivity;

13.3.1.2.9. Network and Internet security, which refers to the protection of a network and the Internet including software and hardware used to prevent unauthorized access, modification or destruction to a network, or used to protect information exchanged via a network;

13.3.1.2.10. Health information technology, which refers to the management of health information including the storage, exchange, transmission or security of electronic health records and other such health-related information;

13.3.1.2.11. Smart grid technology, which refers to the modernization of electrical grid technology including the use of communications technology to gather, manage and communicate such information to improve the efficiency, reliability, economics and sustainability of the production and distribution of electricity;

13.3.1.2.12. “Wireless Emerging Technology,” which shall mean new products, services and solutions leveraging Wireless Services such as connected devices, smart accessories and smart home/office/city products and services and, for the avoidance of doubt, includes any new technology, service or device developed leveraging Wireless Services for the purpose of distributing INDYCAR Content.

13.3.2. Notwithstanding Rule 13.3.1, no Member shall be required to breach any existing agreement in effect as of March 12, 2014 and may continue to fulfill its obligations to such parties in accordance with the terms of such agreements, including renewal of those agreements subject to the limitation that any such renewal shall not increase a Title Sponsor Competitor’s prominence (i.e. visibility or sponsorship rights) with respect to the Member within the IndyCar Series.

13.4. Product Use

13.4.1. A Member shall not make a false or potentially false public or private statement concerning any product used or said to have been used in any Event. An Entrant may be required to provide INDYCAR with an affidavit certifying product use. Display of an emblem on a Car or uniform does not constitute a statement concerning use.

13.4.2. INDYCAR may certify that a product was used at any Event(s). To be eligible to receive certification of product use, the product manufacturer must agree in writing to the following:

13.4.2.1. The product manufacturer must agree in writing to be bound by the Rules and must agree to be subject to penalty pursuant to the Rules.

13.4.2.2. Product manufacturers posting awards contingent on product use and the display of advertising during an Event must provide INDYCAR with a statement of the conditions at least 30 days prior to the Event. The product manufacturer shall provide INDYCAR with proof of award distribution in accordance with these conditions within 30 days of certification by INDYCAR of the product use.

13.4.2.3. Any advertisement of products and the related use of these products during an Event must be consistent with the facts as determined by INDYCAR and must not be likely to deceive, or mislead the public

13.4.2.4. INDYCAR may add or revoke requirements, as it deems appropriate.

13.5. Media

13.5.1. Testing

13.5.1.1. Members agree to provide a minimum of one (1) hour of media availability per on-Track Test Day.

13.5.2. Pre-Race Activities

13.5.2.1. Driver Autograph Sessions – INDYCAR may conduct one or more autograph sessions of Drivers during each Event.

13.5.2.2. Practice – Requested Drivers must attend post-practice media appearance.

13.5.2.3. Qualifications – Drivers must attend the following:

  • Pole Qualifying media “bullpen” appearance.
  • Pole winner photograph obligations.

Immediately following Qualifications, media center appearance:

  • Oval Events: the Drivers starting in the first row and any other requested Drivers.
  • Road Course/Street Course Events: the top six (6) Drivers.

13.5.2.4. Pre-Race Ceremonies - Unless otherwise directed, the Drivers shall proceed to the Pre-Race stage and fully participate in Pre-Race ceremonies including without limitation any Driver introductions and/or Track laps.

13.5.3. Post-Race Activities - Unless otherwise directed, the top three finishers in the Race shall proceed to victory lane as instructed by INDYCAR and fully participate in post-Race ceremonies including without limitation, not removing, obscuring, or otherwise altering any sponsor recognition. Specifically, at a minimum, this includes the following:

13.5.3.1. The winning Driver must attend and participate in post-Race interviews in victory lane. The winning Driver and Car Owner of a Race agree to permit the display on the Car in victory lane, as designated by INDYCAR, at least one item from the Title Sponsor and one item from the Car’s sponsor as determined by INDYCAR, including size, location and placement of such item(s). The winning Driver and Entrant agrees to participate in a photograph session with the Event sponsor(s) and guests.

13.5.3.2. The 2nd through 5th place Drivers must stop in Pit Lane or such other area as designated by INDYCAR and participate in media interviews.

13.5.3.3. The 2nd and 3rd place Drivers must proceed to victory lane and join the Race winner in post-Race ceremonies. The top three finishers must wear INDYCAR provided hats in the following order: Firestone, IndyCar Series and Engine Manufacturer.

13.5.3.4. Immediately following victory lane ceremonies, the winning Driver, 2nd place Driver and 3rd place Driver must attend and participate in post-Race interviews in the media center.

13.5.3.5. Following the media center interviews, the winning Driver shall attend and participate in a satellite media tour and radio media tour, if requested by INDYCAR. At select Races, the Race winner shall stay overnight for a victory media tour the following Day.

13.5.3.6. All other Drivers agree to attend and participate in the post-Race media center interview process, if requested by INDYCAR.

13.5.4. Indianapolis 500® Mile Race - All Drivers in the Starting Lineup must attend and actively participate in media events, at such times and locations as designated by INDYCAR, for a media day/photograph and video shoot, with travel provided by INDYCAR. The winning Driver must take the traditional drink of milk in victory lane. The winning Driver and Car owner must attend and participate in the victory banquet at such times and locations as designated by INDYCAR. The winning Driver agrees to attend and participate in a national media tour that may include a trip or trips to national media markets.

13.5.4.1. Indianapolis 500® Mile Race: If Entrant wins the Indianapolis 500® Mile Race, it agrees to grant to the Event Promoter or its designee, through execution of a separate agreement, the right to possess and use the winning Car for display during mutually agreed upon times. Consideration for the above use of the winning car is acknowledged as the opportunity to compete for awards for the on-Track Event and acceptance of the Entry.

13.5.5. Championship - All Drivers and Entrants mathematically eligible to win the end of season Driver and/or Entrant point standings agree to attend and participate in activities as follows:

13.5.5.1. Race market for final Race: a media activity approximately four weeks prior to the end of season Event.

13.5.5.2. During the final five (5) Races: designated pre-Race and/or post-Race media requirements, including national media teleconferences, press conferences, satellite media tours and/or radio tours as directed by INDYCAR.

13.5.5.3. Championship Event(s) during Event week: (a) media event(s) as designated by INDYCAR.

13.5.5.4. IndyCar Series Champion: a national media tour that could include a trip or trips to national media markets, if requested by INDYCAR.

13.5.5.5. Celebration - The winning Driver and Car owner must attend and participate in the celebration at such times and locations as designated by INDYCAR.

13.5.5.6. Championship: If Entrant wins the championship, it agrees to grant to INDYCAR or its designee the right to possess and use the winning Car for display during mutually agreed upon times of the celebration. Consideration for the above use of the winning Car is acknowledged as the opportunity to compete for awards for the on-Track Events and acceptance of the Entries

13.5.6. Penalties – INDYCAR shall determine whether a Member has failed to attend, failed to actively participate, or engaged in inappropriate conduct during a meeting or mandatory activity. The following penalties may apply:

13.5.6.1. First Offense - $5,000 and/or require attendance at an additional/substitute meeting and/or promotional appearances.

13.5.6.2. Each Additional Violation – INDYCAR may double the fine, require attendance at an additional/substitute meeting or meetings, or activity or activities.

13.5.6.3. Whether in attendance or not, Members shall be charged with knowledge of the matters discussed at all meetings (whether mandatory or not). A Member and the Member’s Entrant waive the right to review and/or appeal any penalties that may be assessed for any violation of the Rules if the Member was absent, did not actively participate or engaged in inappropriate conduct at the meeting.

13.5.6.4. Cellular telephones or wireless mobile devices may only be used for the purpose of taking notes during any meeting and/or activity unless approved by INDYCAR.

13.6. Awards

13.6.1. Entrants and Drivers displaying the mandatory award sponsors and otherwise complying with the Rules may be eligible to earn awards.

13.6.2. The distribution of all awards must be approved by INDYCAR.

13.6.3. INDYCAR shall determine the eligibility, nature and amount of all for:

  1. Each Event, and
  2. End of season.

13.6.4. Withholding

13.6.4.1. Offset - INDYCAR shall have the right to offset any amounts owed by a Member to INDYCAR, an Event Promoter or a Manufacturer against any award otherwise payable to the Member or the Member’s Entrant. If INDYCAR receives notice that Member has failed to pay an Event Promoter or Manufacturer, INDYCAR shall have the right to pay the Event Promoter or Manufacturer directly after giving the Member a 48 (forty-eight) hour period to dispute the offset. Should the Member dispute the offset or in the event INDYCAR receives conflicting demands for such amounts, INDYCAR shall, at its option, be entitled to seek a court order to ascertain the rightful distribution of funds.

13.6.4.2. All awards may be withheld by INDYCAR in whole or in part, or denied in whole or in part, if INDYCAR determines in its discretion that any member of Entrant Group has failed in any way to comply with the terms and conditions of the Rules.

13.6.5. Review - If a review is lodged, affecting the distribution of an award, all awards so affected shall be forwarded to the INDYCAR office or in the case of monetary awards placed in an escrow account as directed by INDYCAR within five Business Days after the filing of the review, without obligation as to interest.