ACBDA: Order Prevents ‘Ambush Marketing’

May 17, 2017 | 24 Comments

The America’s Cup ‘Restricted Marketing Order’ is to “prevent ambush marketing and unauthorised commercial exploitation of the event by companies” and “prohibits attempts to position branding, signage and advertising in any locations where it will be in view of television cameras or spectator crowds, including aerial footage, as the races are broadcast from Bermuda.”

This statement is from the ACBDA, who said, “A legal notice recently published in the official gazette is designed to protect the rights of official commercial partners and sponsors of the 35th America’s Cup, both in Bermuda and on a television feed that will reach a global audience of millions of viewers, while still obtaining maximum benefit for Bermudians.

“The official government notice, called a Restricted Marketing Order, falls under the America’s Cup Act 2015 and was first enacted in Hamilton when Bermuda hosted the Louis Vuitton America’s Cup World Series in October 2015.

“The primary reason for the order is to prevent ambush marketing and unauthorised commercial exploitation of the event by companies that have no official association with the America’s Cup, yet seek prominence during the events for their businesses.

“This prohibits attempts to position branding, signage and advertising in any locations where it will be in view of television cameras or spectator crowds, including aerial footage, as the races are broadcast from Bermuda.

“Ambush marketing is where companies unfairly advertise their products and services at the expense of official commercial partners and sponsors, who have paid for the official rights to promote their businesses in association with the America’s Cup.

“Another part of the official notice, and for similar reasons, is a restriction on street trading by new operators in the Restricted Marketing area without the appropriate permission.

“This again is intended to protect local businesses who have succeeded in an official tender process to be an official supplier or service provider to the America’s Cup in these areas. It also helps to prevent the sale of counterfeit merchandise and ambush marketing in these areas.

“It is important to note that the Restricted Marketing Order has been designed so it does not impact on existing companies who are acting in the normal course of their business where there is no attempt to associate with the event and the street trading restrictions will not apply to existing street traders with already assigned locations.

“The Restricted Marketing area includes all on-water areas for the America’s Cup, the surrounds of the Great Sound along the waterside, islands in the harbor, parts of Hamilton and the rail trail, starting from the junction where Middle Rd and South Rd meet, toward the direction of Bermuda’s west end as well as key transport hubs. Detailed maps are included to help the public be clear on the restricted areas.

“The aim is to protect the rights of America’s Cup official licensees who are all local businesses, and commercial partners, sponsor organisations and suppliers that have signed contracts or participated in an official tender process to be associated with the prestige and opportunities that the America’s Cup offers.

“For this reason, the entire area from Mangrove Bay to Dockyard is a Restricted Marketing area, meaning no new business activity can set up from now until 7th July, unless they have received permission from the America’s Cup Event Authority [ACEA], which may be given, if there are no conflicts as outlined above.

“The restrictions, as stated on the Order, are designed to “obtain maximum benefit for Bermudians whilst preventing unauthorized commercial exploitation at the expense of the America’s Cup Event Authority or any of its designated commercial partners”, many of which are Bermuda businesses.

“This type of regulation is commonplace with large sporting events, as the event expenses are largely paid for by commercial partner participation. Partners see value in their financial contribution, with extra business and marketing exposure that comes from being associated with a prestigious global event that attracts global television audiences. It is important, therefore, that a company that is not an official partner of the event, should also not benefit from the event. This protects the rights of official commercial partners and sponsors.

“It is this same intent to protect commercial partners’ rights that is reflected in the list of Prohibited Items in the Terms & Conditions of entry to America’s Cup Village, to prevent commercially branded clothing and objects from being used in an obvious attempt at ambush marketing. Individuals can wear any clothing they wish, branded or otherwise, if it is not a part of a marketing exercise.

“The full Terms & Conditions can be read here

“For example, if a new food vendor sets up outside the America’s Cup Village, or nearby, this would potentially take business away from the local food and beverage vendors who have worked the contractual right to work in the America’s Cup Village, serving quality local cuisine.

“In addition, the America’s Cup Act 2015 provides that no business or person can use the words ‘America’s Cup’ and any other words, logos or emblems related to the America’s Cup [as set out in the America’s Cup Act 2015] in any advertising without the express authority of the America’s Cup Event Authority. This is reserved for official partners and licensees.

“Locals should be aware of Bermuda’s existing advertising laws which restrict advertising. Locals should not be lured into deals with companies to use private property for such purposes.

“New vendors who intend to set up shop in areas outside of the Restricted Marketing area should ensure they have all necessary permits, including a vendor license from Bermuda Economic Development Corporation [BEDC] where necessary, a permit for use of any public land, including rail trail, parks, roadside verges and car parks and, where food is involved, a health certificate.

“Vendors wanting further information on permits should contact BEDC and further information on the Restrictive Marketing Order can be sought from the Bermuda government’s America’s Cup office at 295-5151 ext 4722.”

Text provided by the ACBDA on understanding the “Advertising and Street Trading Restrictions”

1. Advertising in the Restricted Marketing zone

The America’s Cup Restricted Marketing Order 2017 provides that the on-water area for the 35th America’s Cup and certain on-land areas of Dockyard, Sandys, Southampton, Pembroke and the City of Hamilton and key transport hubs are a Restricted Marketing zone. See the Order for the full map identifying the Restricted Marketing zone.

No company or individual can display or distribute any advertisement or branding in any public place in the Restricted Marketing zone, except with the written permission of the America’s Cup Event Authority [“ACEA”].

This restriction does not apply to:

  • any advertisement in a periodical or newspaper in circulation in Bermuda;
  • any advertisement by a company on a permanent structure in the ordinary course of business and which does not attempt to associate with the 35th America’s Cup; or
  • businesses or vendors with licensing agreements with the ACEA.

2. General advertising restrictions

The America’s Cup Act 2015 provides for the following prohibited activities, except with the written permission of ACEA:

  • suggesting that there is any association between a individual or business and the America’s Cup during the period of the event by selling goods or services;
  • using the following America’s Cup branded words in advertisements: America’s Cup, ACEA, ACRM, ACWS, AC35, AC45, AC62, AC2017, AC Class, LVACWS, World Series of Racing, World Series of Sailing” or “World Series of Yachting”; or
  • using any America’s Cup logo emblem or a similar logo or emblem in advertisements.

These restrictions do not apply:

  • for the purposes of reporting news in a newspaper or magazine or by television, radio, film and the internet; or
  • to businesses or vendors with licensing agreements with the ACEA.

3. Street trading restrictions

The Restricted Marketing Order 2017 provides that street trading, i.e. the selling of goods or services, is prohibited in the Restricted Marketing zone.

This restriction does not apply to businesses or individuals that were already trading on 15 May 2017 from an approved location.

4. Penalties

The penalty for knowingly committing a violation of the Restricted Marketing Order 2017 and/or the America’s Cup Act 2015 is a fine of up to $20,000.

If you are unsure if your marketing material is in violation of the Restricted Marketing Order 2017 or the America’s Cup Act 2015, it’s your responsibility to contact the ACEA for clarification.

The full Restricted Marketing Maps follow below [PDF here]:

americas cup click here 2

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Comments (24)

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  1. LongBay Trading Inc. says:

    “Individuals can wear whatever they like as long as it is NOT part of a branding exercise”………..

    I have just seen a question from someone asking if they can wear a Heineken shirt into the village. YES of course you can. READ THE ARTILCE AND THESE WORDS. As long as you not trying to market with signs and posters.

    Bermudians are frothing already so I hear on social media. Before you do, PLEASE READ THIS AND BE CLEAR. It does not stop you from wearing your own clothes, hats etc.

    • PBanks says:

      To be fair, it was the initial press release that had Bermudians concerned. The clothing reference was ambiguous enough to suggest that any item of clothing with a ‘brand’ on it may not be allowed in the AC Village.

      So hopefully this addendum will be of help. It doesn’t help those who are concerned about usage of strollers, or what is accepted as ‘baby food’, but it’s a good start in the clarification process.

      • wahoo says:

        To be fair it was only a small group that jumped to a conclusion and they are the usual complainers anyway so please do not let us not dwell on the simplicity of their thinking.

    • GeeHe says:

      No you cannot wear your favourite Heineken t shirt or Nike hat as it will be picked up by a camera. Neither can you take your bible as it will be seen as ambush marketing. Don’t write anything in your hair and tattoos could be suspect if it has a name .

  2. Wow says:

    good lord we really are letting these guys run roughshod over us. but don’t worry, it’s all “typical of an event like this”. unreal. KISS THE RINGS SON, because we really are not in charge of our own island for the next month.

    • Mike Hind says:

      “Not in charge of our own island”?

      Because there are restrictions to a ticketed event?

      Are you even a little bit serious with this?

      • Politricks says:

        Of course he/she is.

        It’s all political in the end.

        Thus no rational thought needed. Just emotional nonsense sprinkled with rhetorical nonsense.

      • Bill says:

        Sorry, WOW is absolutely correct.

        We are not in charge of our island. From Dockyard to Barnes Corner, a third of the area of Spanish Point.

        You cannot sell a glass of lemonade, or even a snowball, unless you pay an outrageous price for a license.
        If you are caught, you can be fined $20,000.

        Explain that to the school kids!

        Why do you think WEDCO painted the historical badges up at Dockyard.

        They were told to do so by the same AC group.

        Absolutely disgraceful.

    • Politricks says:

      I dare you to explain how any Bermudian is being ‘run roughshod over.’

      The dramatics by some of you are hilarious…

      Like little spoiled children.

      And BTW the restrictions are for the Dockyard venue…not the whole island.

      Anyways, carry on with your silly little hyperbole.

    • serengeti says:

      More faux outrage over nothing

  3. Bermudians have already been ambushed.

    • Politricks says:

      Agreed.

      The Commission of Enquiry certainly revealed that.

      • wahoo says:

        You’re right and further evidence is happening across the pond with some loyalists complaining to a foreign court about what is political and what isn’t! Onion Juice you weren’t part of that were you?

      • REAL TALK says:

        Yep and last I checked Vic Ball is still employed with the OBA even after the Commission of Enquiry. So what does that tell you about the OBA!!

  4. puzzled says:

    Which cup runeth over.
    America’s?

  5. OLIVIA says:

    hurry up already i want to get my vegtables and my snow balls

  6. wondering says:

    once again, we as Bermudians who like to think we are “worldly, well travelled individuals”, show how unprepared we are to REALLY RAISE OUR INTERNATIONAL PROFILE and come with sometimes backwards a** protests about things that will benefit the country as a whole but we are still intent to only worry about ME and not what opportunities may be opened up – for instance look at the INFLUX of minibuses that would never have been licensed or even purchased by the operators because there was NO DEMAND………I wonder if any of the detractors on any of these blogs, chats, BERNEWS articles are actually getting a new business opportunity or at the very least more hours or even a seasonal job……I bet not very many are in that boat and the moaners are waiting for manna to fall from the sky

  7. Uh... says:

    Just curious. In no way am I bitching, moaning, or crying foul. Why is Spanish Point included in the mapping? Seriously I am just curious, and it’s not like I can Google this.

  8. Said what? says:

    I am for America’s cup, but who the hell are they to boss US around on OUR island and tell us how to live and dress and act? And the nerve to FINE us $20,000 if we disobey?

    Am I getting paid to have MY property filmed by foreign cameras and aired on world tv? NO! Am I getting paid to have my face on cameras without my permission? NO!

    Maybe if my face ends up on camera I should sue them or something, because that is a penalty it seems.

    Of all the nerve.

    • wahoo says:

      I have no words…..you are either pulling my leg or you are a complete c#%=! If your face ended up on camera the photographer would deserve danger pay.

  9. GeeHe says:

    We have entered the big leagues and when that happened the cup organizers got what they wanted. Notice how I did not put USA beside the word cup as I don’t have permission and cannot risk a $20,000 fine. So wear a solid hat,shirt and pants and follow the rules and leave your brownie camera HOME! It’s as simple as that.

    • Bermie says:

      Ummm
      If u are trying to be smart then at least use the right words. It is Americas Cup not USA Cup. You can use USA Cup all day long

  10. Double S says:

    All Bermudian vendors that are to sell their products/services during the race took the initiative, time and effort to apply and receive a license for their business during the event.

    Why do some think they have right to put no effort in and reap the rewards?

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