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

Download Updated Rulebook: 2019 NTT IndyCar Series Rulebook (Full)

IMPORTANT: The rulebook content below was released to all parties on March 1, 2019, 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. The INDYCAR Style Guide can be accessed at epaddock.indycar.com.

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 NTT 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 NTT 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 party for any products or services in the Title Sponsor Category (as defined below) unless approved in writing by the Title Sponsor. If any Member grants sponsorship or other promotional rights to any party that offer products and/or services in the Title Sponsor Category or are otherwise competitive with products and/or services offered by the Title Sponsor, such party shall activate its rights only with respect to its other separate business lines which are not in the Title Sponsor Category and not with respect to the Title Sponsor Category.

13.3.1.1. For purposes of this Rule 13.3, Title Sponsor Category is defined as IT services and solutions which includes the following:

13.3.1.1.1. Application Services – full scope of end-to-end application capabilities for both custom and enterprise applications, including app development, modernization, testing, management and outsourcing.

13.3.1.1.2. Business Process Outsourcing – managing non-core business processes with industry specific platforms, robotic process automation, and straight-through processing to improve productivity.

13.3.1.1.3. Cloud Services –on-demand access to resources, via the internet, using servers or hybrid solutions.

13.3.1.1.4. Consulting Services – strategic business and IT consulting, managed security consulting and technical consulting that helps clients devise a strategy, build a roadmap and implement processes and systems that support long-term business advantage.

13.3.1.1.5. Data Center Services – deploying operational management, network services, disaster recovery with consulting, design, installation, consolidation, and relocation to reduce process cycle times and improve productivity.

13.3.1.1.6. Digital Business Services –enable new business models by leveraging technologies including analytics, mobile, customer engagement, block chain, cloud and the internet of things.

13.3.1.1.7. Dynamic Workplace Services – end-user outsourcing with workplace virtualization, custom apps, unified communications, field services, collaboration, managed mobility, and end-user analytics.

13.3.1.1.8. Network Services—connectivity solutions using centralized control and configured policies to route traffic along the most suitable connection. This capability boosts application performance and improves connectivity to cloud-based resources.

13.3.1.1.9. Security Services—services that secure your business across the entire information and communications technology stack and throughout the full security life cycle and limit and remove business disruption and data loss.

13.3.1.1.10. Competitors in the IT Services and Solutions category include, but are not limited, to the following (in alphabetical order): Accenture; Amazon; Atos; Automatic Data Processing; Capgemini; CGI; Cognizant; Deloitte; DXC; EY; Fujitsu; HCL Technologies; Hitachi; IBM; Infosys; KPMG International; Leidos; PwC; Tata Consultancy Services and Wipro.

13.3.2. Notwithstanding Rule 13.3.1, no Member shall be required to breach any existing agreement in effect as of January 15, 2019 and may continue to fulfill its obligations to such parties in accordance with the terms of such agreements, including any renewal rights contained in those agreements subject to the limitation that any such renewal shall not increase a third party’s prominence in the Title Sponsor Category (i.e. visibility or sponsorship rights) with respect to the Member within the NTT 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 Qualifications 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, NTT 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 Races designated by INDYCAR, 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: media event(s) as designated by INDYCAR.

13.5.5.4. NTT 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 additional/substitute meetings 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 awards 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 requested in accordance with Rule 10, 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.