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ARIZONA SUPER BOWL HOST COMMITTEE
SUPER BOWL LVII SPONSORSHIP AGREEMENT
This Sponsorship Agreement ("Agreement"), dated as of May _____, 2021 (the
"Effective Date"), between the Arizona Super Bowl Host Committee, Inc. an Arizona not-
for-profit corporation (the “Committee"), and the City of Glendale, Arizona a municipal
corporation ("Sponsor").
BACKGROUND
The National Football League ("NFL") owns, produces and controls its annual
professional football championship game known as the Super Bowl and all rights relating to
the Super Bowl on an exclusive, worldwide basis. The NFL has named Arizona the host of
Super Bowl LVII to be played in February 2023 and the Committee is the host organization
for Super Bowl LVII. In that capacity, the Committee’s purpose is to assist with the
organization, administration, promotion and operation relating to hosting Super Bowl LVII;
and to promote the public interest of Arizona.
The NFL and NFL Properties LLC ("NFLP") have granted the Committee certain
rights in connection with its status as host organization for Super Bowl LVII. Pursuant to
the grant from the NFL and NFLP, the Committee is permitted to solicit and secure
sponsorship, hospitality and donor-based partnerships under specified guidelines established
by the NFL and NFLP to support their activities in connection with Super Bowl LVII.
Sponsor wishes to become a Committee sponsor under the terms and conditions of
this Agreement.
The parties agree as follows:
AGREEMENT
1.
Sponsorship Benefits. Subject to NFLP's approval, the Committee shall
recognize Sponsor as a sponsor of the Committee for Super Bowl LVII and provide Sponsor
with the sponsorship benefits for Super Bowl LVII outlined in Exhibit A (the "Sponsorship
Benefits"). The parties intend that the Sponsorship Benefits will permit Sponsor to receive
certain acknowledgement and rights in its Business Category (as defined below), to the
extent set forth in Exhibit A and in accordance with the Sponsorship Guidelines set forth in
Section 4. Such rights exclude the right to sell or barter any ticket(s) or other benefits
referenced in Exhibit A or use such benefits in a promotional manner (e.g., consumer give-
aways). Sponsor acknowledges and agrees that NFLP must approve this Agreement prior to
its becoming effective, and that the NFL or NFLP may not approve of the benefits set forth
on Exhibit A. In such case, Sponsor agrees that the Committee may substitute mutually
agreeable NFLP-approved benefits of similar value. Notwithstanding the recognition by the
Committee of Sponsor as a “Sponsor” or any other provision of this Agreement, this
Agreement shall neither be deemed nor construed to create a joint venture or partnership
between the Committee and Sponsor, nor shall this Agreement be deemed or construed as
making either party the agent or representative of the other party. Neither party shall have
the authority to bind the other party in any respect. Sponsor acknowledges that, except as
may be specifically provided in Exhibit A, neither Committee nor NFLP is agreeing to
provide Sponsor with any tickets or making any implied promise to provide Sponsor with
tickets for Super Bowl LVII.
2.
Sponsor Obligations.
2.1
Sponsor shall pay the Committee a sponsorship fee in the total amount
of One Million Dollars ($1,000,000.00) (the “Sponsorship Fee”) which shall be paid
according to the following schedule:
June 30, 2021:
$250,000.00
September 30, 2021: $250,000.00
June 30, 2022:
$250,000.00
September 30, 2022: $250,000.00
Payments shall be made to the order of “Arizona Super Bowl Host Committee, Inc.” and
delivered or mailed to the Committee at the address set forth in Section 16.1.
3.
Term of Agreement. The term of this Agreement shall commence upon the
Effective Date and expire on February 29, 2023 (the "Term").
4.
Sponsorship Guidelines. The Sponsorship Benefits and Sponsor’s right to
publicize its affiliation with the Committee are limited by the following guidelines (the
"Sponsorship Guidelines"):
4.1
Commercial Identification Prohibition. Except as may be expressly
allowed by this Agreement, neither Sponsor nor its affiliates, agents, representatives,
employees, suppliers or subcontractors shall exploit in any manner the nature of their
transaction with or services provided to the Committee, including without limitation, (a) by
referring to the Super Bowl or the Committee in any sales literature, promotional materials,
advertisements, letters, client lists, press releases, brochures or other written, audio or visual
materials; (b) by using or allowing the use of the mark “Super Bowl” or any other service
mark, trademark, copyright or trade name now or which may hereafter be owned or licensed
by the NFL, NFLP, or the Committee in connection with any service or product; or (c)
otherwise disclosing their affiliation with the Super Bowl for a commercial purpose.
4.2
Clearances and Licenses. To the extent the Sponsorship Benefits
contemplate Sponsor’s production or presentation of any events, Sponsor shall be
responsible for obtaining all clearances, licenses, permissions and consents (including
without limitation all music clearances, synchronization rights, union and guild fees and the
like) as may be necessary for the presentation of any events, and as may be necessary for the
further exploitation of any events, to the extent permitted by the NFL or NFLP, in any and
all media and in any and all forms, whether now known or hereafter developed.
4.3
Territorial Limitation. Sponsor’s right to use the Sponsorship
Benefits, including any public recognition of Sponsor as a sponsor of the Committee is
limited to the State of Arizona. For the sake of clarity, Sponsor’s use of the rights and
benefits under this Agreement, including recognition as a Committee sponsor, through the
Internet shall be prohibited unless otherwise approved by the Committee and NFLP.
4.4
Approval of the Committee. All copy and graphics proposed for
display by Sponsor are subject to prior written approval by the Committee and NFLP. The
Committee and NFLP shall have the right to decline to display any copy or graphics which
are in violation of any statute, regulation or ordinance, or which the Committee and/or NFLP
reasonably considers to be misleading or inconsistent with the objectives of the Committee
or the goodwill of the NFL. All proposed copy or graphics must be submitted by Sponsor
to the Committee no fewer than 30 days prior to the anticipated date of display.
4.5
Prohibited Categories. In connection with this Agreement, Sponsor
shall not have any rights to create, distribute or otherwise use any advertising, commercial,
promotion, publicity, marketing, sales materials or display materials (including any materials
published on a commercial on-line service, the World Wide Web or successor media)
(“Promotional Materials”) that reference or depict any company engaged in the business of
distributing goods or services on the NFL’s Prohibited Categories list, as set forth on Exhibit
B. In addition, Sponsor’s Promotional Materials shall not in any way imply a relationship
between NFLP, Committee and/or Sponsor and such company.
4.6
Limitation of Category.
4.6.1 Sponsor's business category shall be limited to Tourism and
Economic Development (the "Business Category"). All advertising, promotion, marketing
or publicity conducted by Sponsor utilizing the trade names, trademarks and/or service marks
of the Committee (the “Host Committee Marks”) as may be authorized under this Agreement
shall be limited to products and services in its Business Category.
4.6.2 If Sponsor or its parent company is an existing NFL sponsor
pursuant to a separate agreement with NFLP (the "NFL Sponsorship Agreement") existing
as of the date of this Agreement, the Business Category in connection with this Agreement
cannot be broader than the Business Category covered in the NFL Sponsorship Agreement,
nor can the Sponsor brands promoted in connection with this Agreement include additional
Sponsor brands not approved for promotion pursuant to the NFL Sponsorship Agreement
unless otherwise specifically approved by NFLP.
5.
Scope of Rights Granted. Sponsor acknowledges and agrees that the rights
and benefits granted by the Committee under this Agreement are non-exclusive. The
Committee reserves the right, in its sole discretion, to seek additional sponsorship support in
any category, including Sponsor’s Business Category. Under no circumstances shall this
Agreement be interpreted to imply any rights of ownership. Instead, the only rights granted
are those expressly set forth in this Agreement.
6.
Licensing of Certain Marks.
6.1
Sponsor grants to the Committee a license to utilize Sponsor’s trade
names, trademarks and/or service marks ("Sponsor Marks") for the express purpose of
publicizing Sponsor’s sponsorship of the Committee and the Committee associated events
and activities during the Term. Sponsor represents and warrants that Sponsor Marks do not
infringe upon the trade names, trademarks, service marks or other rights of any other person
or entity. All Committee uses of the Sponsor Marks must be approved by Sponsor in writing
and in advance of use, such approval not to be unreasonably withheld or delayed.
6.2
The Committee grants to Sponsor a license to utilize the Host
Committee Marks (which the Committee may update from time to time) for the express
purpose of publicizing Sponsor’s sponsorship of the Committee and specified Committee
associated events and activities during the Term. All Sponsor uses of the Host Committee
Marks must first be approved by the Committee.
6.3
Sponsor shall have no right to use the NFL Marks (as defined below)
for any purpose whatsoever without the prior written approval of the NFLP in each instance
(such consent to be granted or withheld in the NFLP’s sole discretion). For purposes of this
Agreement, “NFL Marks” means the names, symbols, emblems, designs, and colorways of
the National Football League and the Member Clubs, including the terms “National Football
League”, “NFL”, “National Football Conference”, “American Football Conference”,
“NFC”, “AFC”, “Super Bowl”, “Pro Bowl”, the National Football League Shield design, as
well as the full team names, nicknames, helmet designs, uniform designs, logos and slogans
of the Member Clubs, and any other indicia adopted for commercial purposes by the National
Football League or any of its Member Clubs. Sponsor acknowledges and agrees that all
right, title and interest in and to the NFL Marks belongs to the NFL Entities (as defined in
Section 10) . Sponsor agrees that the NFL Marks possess a special, unique and extraordinary
character that makes difficult the assessment of the monetary damages that would be
sustained by their unauthorized use. Notwithstanding anything to the contrary in this
Agreement, Sponsor recognizes that irreparable injury would be caused by the unauthorized
use of any of the NFL Marks, and agrees that injunctive and other equitable relief from a
court of competent jurisdiction would be appropriate in the event of such unauthorized use,
and that such remedy would not be exclusive of other legal remedies. Sponsor recognizes
that the great value and goodwill associated with the NFL Marks belong to the NFL Entities
and that the NFL Marks have secondary meaning.
7.
Intellectual Property Rights.
7.1
Sponsor acknowledges that it is being granted a limited license by the
Committee under this Agreement to use the Host Committee Marks in accordance with the
terms and conditions of this Agreement and that no further or greater rights are granted in or
to the Host Committee Marks.
7.2
Sponsor acknowledges that NFLP owns all right, title and interest in
and to the Host Committee Marks. Sponsor agrees that it will do nothing inconsistent with
such ownership.
7.3
The Committee acknowledges that it is being granted a limited license
by Sponsor to use the Sponsor Marks in accordance with the terms and conditions of this
Agreement and that no further or greater rights are granted in or to the Sponsor Marks. The
Committee acknowledges that it will do nothing inconsistent with Sponsor’s ownership of
the Sponsor Marks.
8.
Sponsor Involvement. Unless otherwise stated in this Agreement, Sponsor
is not directly involved in the management or operation of the activities contemplated or
covered by this Agreement; provided, however, Sponsor is solely responsible for the
promotion, organization and activities of Sponsor. The Committee is solely responsible for
the promotion, organization and activities of the Committee.
9.
Confidentiality. The parties shall keep the terms of this Agreement
confidential. Neither the terms of this Agreement nor a copy of this Agreement shall be
disclosed to any third party, in whole or in part, without the prior express written consent of
the other party, unless required by operation of law. Should such disclosure be required by
law, the party required to make such disclosure shall promptly notify the other party in
writing upon learning of the request or demand for disclosure.
10.
Indemnification.
10.1
Sponsor shall indemnify, hold harmless and defend the Committee
and each of its respective affiliates, directors, officers, employees, shareholders, members,
representatives and agents (collectively the "Committee Parties") and NFLP, NFL Ventures,
L.P., NFL Ventures, Inc., NFL Enterprises, LLC, NFL International LLC, NFL Productions
LLC, the NFL, its member professional football clubs (the “Member Clubs”), and each of
their respective affiliates, subsidiaries, directors, officers, employees, members,
shareholders, representatives, sponsors, licensees and agents (collectively, the "NFL
Entities") from and against any liability, obligation, claim, cost, demand, recovery,
settlement, deficiency, loss, fine, penalty, damage or expense including, without limitation,
reasonable outside attorneys’ fees and expenses (collectively the “Losses”) resulting from or
arising out of:
10.1.1
Any acts or omissions of Sponsor and/or its directors,
officers, employees, agents, contractors, or servants in connection with the performance of
Sponsor’s obligations under this Agreement.
10.1.2
Any product liability, advertiser’s liability or other
claim arising out of or in connection with the use by Sponsor of the Host Committee Marks
or the NFL Marks.
10.1.3
Any breach by Sponsor of any of Sponsor's
representations, warranties, covenants or obligations contained in this Agreement.
The Indemnified Parties shall have the right to choose and select their own counsel and
assume their own defense in connection with any action or proceeding to which the
indemnification, hold harmless or defense obligations of this Section would be applicable.
This Indemnification section is independent of Sponsor's insurer’s agreement to waive its
right of subrogation and shall be in full force and effect whether or not an agreement with
Sponsor's insurer to waive its right of subrogation is reached, enforce, or enforceable.
10.2
The Committee shall indemnify and hold harmless Sponsor and each
of its affiliates, directors, officers, employees, shareholders, members, representatives and
agents from any Losses resulting from:
10.2.1
Any acts or omissions of the Committee and/or its
directors, officers, employees, agents, contractors or servants in connection with the
performance of the Committee’s obligations under this Agreement.
10.2.2
Any breach by the Committee of the Committee’s
representations, warranties, covenants or obligations in this Agreement.
11.
Insurance.
During the Term and for a period of two weeks thereafter,
Sponsor shall obtain and maintain the following insurance coverages:
11.1
Types and Coverages:
11.1.1. Commercial General Liability (“CGL”) insurance on an
occurrence form, with a combined single limit for Bodily Injury and Property Damage,
including Products Liability (including completed-operations coverage), and including
coverage for contractual liability, independent contractors, broad form property damage,
personal and advertising injury. CGL coverage limits must be no less than $6,000,000 per
occurrence and $6,000,000 in the aggregate.
11.1.2. Workers’ Compensation insurance with statutory limits and
Employer’s Liability insurance with coverage limits of not less than $500,000.
11.1.3. Errors and Omissions insurance on an occurrence form with
limits no less than $1,000,000 per occurrence and in the aggregate.
11.2
Required Insurance Provisions.
11.2.1. Defense. Coverages must include a duty to defend.
11.2.2. Additional Insureds. Coverages must name “the Committee,
the National Football League, its thirty-two professional member clubs, NFL Ventures, Inc.,
NFL Ventures, L.P., or any of their respective related subsidiaries, entities and affiliates” as
additional insureds and must be primary for the additional insureds with no right of
subrogation against any additional insureds.
11.2.3. Cancellation Provision. In the event of coverage cancellation,
material change or non-renewal, Sponsor shall notify the Committee as soon as practicable,
but in any event within 30 days’ written notice of cancellation, material change or non-
renewal.
11.3
Certificate of Insurance. No later than 30 days following the
execution of this Agreement, Sponsor shall deliver to the Committee a Certificate of
Insurance evidencing each program of insurance required under this Agreement.
12.
Sponsor Warranties. Sponsor represents and warrants that:
12.1
The individual signing this Agreement on its behalf has authority to
sign on Sponsor’s behalf.
12.2
Execution and performance of this Agreement have been properly and
duly authorized by Sponsor.
12.3
Sponsor’s Marks do not infringe upon the trademarks, trade names,
service marks or other rights of any other person or entity.
13.
Cooperation. The parties shall, in good faith, cooperate with each other and,
from time to time, execute and deliver such further instruments as either party or its counsel
may reasonably request to effectuate the intent of this Agreement.
14.
Exculpation.
14.1
Sponsor shall look solely to the assets of the Committee for any
recourse, and not to any of the NFL Entities.
14.2
Sponsor agrees and acknowledges that the NFL Entities have no
obligation to provide any of the benefits outlined in this Agreement.
15.
Termination.
15.1
Without prejudice to any other rights it may have in law, equity or
otherwise, the Committee shall have the right to terminate this Agreement upon written
notice to Sponsor at any time if: (a) Sponsor fails to make any payment required or otherwise
fails to perform its duties under this Agreement and fails to correct such default within ten
days of written notice of such default; (b) Sponsor (including its directors, officers,
employees, agents, contractors or servants) disparages or engages in conduct materially
detrimental to the Committee or any of the NFL Entities or their sponsors; or (c) Sponsor
fails to comply with any other material term or condition of this Agreement, including,
without limitation, Section 16.5, and Sponsor does not cure such failure within 20 days of
written notice of such failure by the Committee provided that such breach is curable.
15.2
Without prejudice to any other rights it may have in law, equity or
otherwise, Sponsor shall have the right to terminate this Agreement upon written notice to
the Committee at any time if the Committee fails to comply with any material term or
condition of this Agreement and the Committee does not cure such failure within 20 days of
written notice of such failure by Sponsor.
15.3
Upon termination of this Agreement, Sponsor’s rights to the
Sponsorship Benefits shall cease and Sponsor shall remain obligated to the Committee for
any obligations that were paid or due prior to the date of termination. In addition, if the
termination is pursuant to Section 15.1, Sponsor shall remain liable to the Committee for the
entire amount of the Sponsorship Fee.
16.
General Provisions.
16.1
Notices. Except as expressly provided to the contrary in this
Agreement, any notice, consent report, document or other item to be given, delivered,
furnished or received under this Agreement shall be deemed given, delivered, furnished and
received when given in writing and personally delivered to and receipted by an officer or
designated employee of the applicable party, or 72 hours after the same is sent by email or
deposited in the United States mail, postage prepaid, registered or certified first class mail,
return receipt requested addressed as set forth below, or to such other address as either of the
parties shall advise the other in writing or sent by confirmed email:
If to Sponsor:
City of Glendale
Attn: Kevin Phelps
5850 W. Glendale Ave
Glendale, AZ 85301
If to the Committee:
Arizona Super Bowl Host Committee, Inc.
Attn: Management
400 E Van Buren St., Ste 600
Phoenix, AZ 85004
16.2
Entire Agreement: Modifications. This Agreement, the documents
which are Exhibits to this Agreement and any contemporaneous agreements or instruments
entered into by the parties contain the sole and entire agreement between the parties and
supersede any and all other prior agreements between them. This Agreement may not be
modified, amended, or supplemented, or otherwise changed, except by a written document
executed by an authorized representative of each of the parties.
16.3
Non-Waiver of Rights and Breaches. No failure or delay of either
party in the exercise of any right given to such party under this Agreement shall constitute a
waiver of such right, nor shall any single or partial exercise of any such right preclude other
or further exercise of such right or of any other right. The waiver by a party of any default
of the other party under this Agreement shall not be deemed to be a waiver of any such
subsequent default or other default of any party.
16.4
Captions. Section headings used in this Agreement are for
convenience of reference only and shall not affect the construction of any provision of this
Agreement.
16.5
Successors and Assigns. Neither Sponsor nor the Committee may
assign this Agreement or any rights or obligations under this Agreement, in whole or in part,
to any other person or entity without the prior express written consent of the other party. This
Agreement shall be binding upon and inure to the benefit of the parties and their respective
successors and authorized assigns.
16.6
Governing Law, Jurisdiction. This Agreement and any dispute arising
under it shall be governed by and construed in accordance with the laws of the State of
Arizona without regard to conflict of law principles. All disputes pertaining to this
Agreement shall be decided by a state or federal court located in the State of Arizona and
each party consents to personal jurisdiction in such courts. Each party further waives any
defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.
16.7
Survival. Except as expressly provided in this Agreement, the
covenants, acknowledgments, representations, agreements and obligations contained in this
Agreement shall survive the consummation or termination of the transactions contemplated
by this Agreement.
16.8
Loss or Damage. The Committee shall not be liable for any damage
or loss to any of Sponsor’s display materials.
16.9
Default and Injunctive Relief. It is agreed and understood that the
limited scope of license granted to Sponsor under Section 6.2 regarding Licensing of the
Host Committee Marks and the other restrictions on Sponsor in this Agreement including,
without limitation, those set forth in Section 6.3, are necessary to protect the integrity and
value of the marks of the Committee and the NFL Entities, the loss of which cannot be fully
compensated by damages in an action at law or any application of any of the other remedies
described in this Agreement. Accordingly, in the event that any of the provisions of this
Agreement are violated, the Committee and the NFL Entities shall be entitled to seek, in
addition to compensation for their damages and any other relief provided for below,
immediate equitable relief, including an injunction requiring Sponsor to comply fully with
its obligations under this Agreement. Moreover, if Sponsor defaults in performing its
obligations pursuant to the terms of this Agreement, the Committee and the NFL Entities
shall be entitled to all rights and remedies afforded under Arizona Law, whether at law or in
equity, and, if applicable, may obtain appropriate injunctive relief from any court of
competent jurisdiction, the provisions of Section 16.7 notwithstanding. Additionally, and
not in lieu of any of the foregoing remedies, in the event any payment is not received as
provided in Section 2, the Committee may withhold the benefits to be provided under this
Agreement until such time as payment is received.
16.10 Force Majeure. If any of the obligations of either party is hindered or
prevented, in whole or in substantial part, because of a “Force Majeure Event”, such party
shall not be liable to the other party or be in breach of this Agreement; provided, however,
that all other obligations of the parties shall continue and when such Force Majeure Event
has ceased, the parties shall negotiate in good faith regarding an adjustment of their rights
and obligations under this Agreement. In each such case, the party affected by a Force
Majeure Event shall promptly notify the other party of such event or occurrence and shall
exert commercially reasonable efforts to overcome such event or occurrence, and resume
performance of its obligations with all possible speed. A "Force Majeure Event" shall mean
causes beyond the control of the parties, including, but not limited to: an act of God;
inevitable accident; fire; labor dispute; riot or civil commotion; act of public enemy;
governmental act; acts or significant threats of war or terrorism; regulation or rule; failure of
technical facilities; national day of mourning; emergency announcement or news bulletin;
inability to obtain supplies; delays in transportation; embargoes; increase in the national
terror alert level that prohibits holding the events; or any other reason beyond the control of
the parties that is generally regarded as force majeure. Delays or non-performance excused
by this provision shall not excuse performance of any other obligation which is outstanding
at the time of occurrence. The exact time and dates of Super Bowl LVII and the ancillary
events are subject to change.
16.11 Cancellation, Relocation or Postponement. In the event of
cancellation, relocation (beyond the State of Arizona) or postponement of Super Bowl LVII:
(i) Sponsor’s sole and exclusive remedy at law or in equity shall be a refund of the
Sponsorship Fee on a pro rata basis based on the proportion of the Sponsorship Benefits that
were not received by Sponsor due to such cancellation or postponement; and (ii) Committee
and the NFL Entities shall not be liable to Sponsor beyond Committee’s obligation to refund
the Sponsorship Fee on such pro rata basis. In addition to the foregoing, in the event that the
number of people permitted to attend Super Bowl LVII is reduced to less than the capacity
of the stadium (regardless of whether such reduction is imposed by the NFL or by a third-
party, including Federal or State authorities), the Committee and Sponsor will mutually agree
on a reasonable reduction to the Sponsorship Fee. Without limiting the foregoing, in no event
will the Committee or NFL Entities ever be liable to Sponsor for any indirect, special,
exemplary, incidental or consequential damages suffered by Sponsor or any of its guests or
invitees.
16.12 Compliance with Law. Sponsor shall comply with all laws,
ordinances, orders, rules and regulations (state, federal, municipal or promulgated by other
agencies or bodies having or claiming jurisdiction) applicable to the performance of
Sponsor’s obligations to the Committee.
16.13 Intent of the Parties. This Agreement is intended to be performed in
accordance with, and only to the extent permitted by all applicable laws, ordinances, rules
and regulations, and is intended, and shall for all purposes be deemed to be a single,
integrated document setting forth all of the agreements and understandings of the parties,
and superseding all prior negotiations, understandings and agreements of the parties with
respect to its subject matter. If any term or provision of this Agreement or its application to
any person or circumstance shall for any reason and to any extent be held to be invalid or
unenforceable, then such term or provision shall be ignored, and to the maximum extent
possible, this Agreement shall continue in full force and effect, but without giving effect to
such term or provision.
16.14 Section and Exhibit References. All references contained in this
Agreement to Sections and Exhibits shall be deemed to be references to Sections of, and
Exhibits attached to, this Agreement. All references to Sections shall be deemed to also refer
to subsections of such Sections, if any. The definitions of terms defined in this Agreement
shall apply to the Exhibits, unless the context otherwise indicates.
16.15 Condition Precedent to Effectiveness of Agreement. Written
approval of this Agreement by an authorized representative of NFLP shall be a condition
precedent to the effectiveness of this Agreement.
The parties have executed this Agreement as of the dates set forth below their
respective signatures.
CITY OF GLENDALE, an Arizona Municipal Corporation
By:_________________________________
Printed Name:________________________
Title:_______________________________
Date: _______________________________
ARIZONA SUPER BOWL HOST COMMITTEE, INC.
By:_________________________________
Printed Name:_________________________
Title:________________________________
Date: ________________________________
APPROVED BY NFL PROPERTIES LLC
By:_________________________________
Printed Name:_________________________
Title:________________________________
Date: ________________________________
EXHIBIT A
SPONSORSHIP BENEFITS
Sponsor shall receive the following sponsorship benefits in the Business Category as a
sponsor of Committee only to the extent set forth below and in accordance with the
Sponsorship Guidelines set forth in Section 4 of the Agreement:
SPONSORSHIP PRIVILEGES
➢ Designation as “Official Sponsor” in City of Glendale (Sponsor) advertising and
communications
➢ Use of Arizona Super Bowl Host Committee (Committee) logo in Sponsor advertising
➢ Inclusion of Sponsor logo in Committee website
➢ Inclusion in advertising where all Committee Sponsors are listed
➢ Inclusion in Committee’s social media posts (e.g., Facebook, Twitter, Instagram)
➢ Committee may provide unique assets for Sponsor events, such as a guest speaker and
mascot appearance
EVENTS & VENUES
➢ The Committee, working with the NFL and various sponsors, will encourage the use of
Glendale venues and businesses as sites for official Super Bowl LVII activities.
•
6 Glendale venues proposed to the NFL as potential sites for Official
Super Bowl LVII events
➢ Committee will recommend the use of Glendale bars and restaurants as potential sites
for third party private events.
•
Super Bowl LVII Venue Program: 6 private venues in Glendale
➢ If the NFL chooses to do an NFL Familiarization trip (FAM trip) leading up to Super
Bowl LVII, the Committee will work with Glendale to showcase participating Glendale
venues during the FAM trip.
BUSINESS CONNECT
➢ The Super Bowl LVII Business Connect Program serves as an initiative aimed at
creating network, education and business opportunities for certified minority, woman,
veteran, LGBTQ-owned businesses for Super Bowl LVII.
➢ The Program also provides other business development resources through events and
unique opportunities to help position the participating businesses for contract
opportunities and future business development.
➢ The City of Glendale can create a lasting legacy for these businesses through their
support and participation in the Business Connect Program.
➢ Glendale and the Committee will work together to invite qualifying Glendale
businesses to participate in the Business Connect Program.
CEO FORUM
➢ The City of Glendale can drive future economic Arizona vitality by supporting the
Arizona CEO Forum.
➢ The CEO Forum will encourage the invited leaders to consider relocating their
company headquarters or expanding/setting up business operations in Arizona by
providing them an opportunity to learn and engage firsthand with prominent leaders of
local businesses.
➢ The Host Committee will work with economic development stewards around the
Valley to help select and host an exclusive group of CEOs from around the U.S.
➢ Glendale will receive the opportunity to have one (1) high level City of Glendale
representative participate in the CEO Forum events
HOSPITALITY
➢ One (1) Foursome for the Host Committee VIP Golf Tournament
➢ Twelve (12) Host Committee Media Party Tickets
• Annually hosted party for all credentialed media personnel, VIPs and Partners
• Timing: Super Bowl LVII week
➢ Twelve (12) Host Committee VIP Party Tickets
• Timing: Super Bowl LVII week
➢ Four (4) Tickets to Host Committee events or Other VIP Experiences
➢ Twelve (12) Host Committee VIP Tailgate Tickets
•
Party for Host Committee VIP guests before Super Bowl LVII
•
Timing: February 12 or 19
➢ Twelve (12) Super Bowl LVII Game Tickets
•
Six (6) Game Day Parking Passes
•
Timing: February 12 or 19
EXHIBIT B
PROHIBITED CATEGORIES
(Note that examples listed within specific categories are provided for illustrative
purposes only.)
1. Grocers
2. Contraceptives (e.g., condoms), except to the extent otherwise expressly permitted
under the pharmaceutical category.
3. Dietary and/or nutritional supplements (in any form, including without limitation
beverages (e.g., products commonly known as “energy drinks”), pills, powders, bars,
transdermal patches, etc.), products that contain ingredients other than vitamins and
minerals for which the FDA has established recommended daily intakes, or any
substance prohibited pursuant to League policies. Health and nutrition stores are
permitted, provided such ads do not reference any of the foregoing prohibited
categories.
4. Establishments that feature nude or semi-nude performers.
5. Firearms, ammunition or other weapons; however, stores that sell firearms and
ammunitions (e.g., outdoor stores and camping stores) will be permitted, provided
they sell other products and the ads do not mention firearms, ammunition or other
weapons.
6. Fireworks.
7. Sportsbooks, sports betting, sports betting brands, sports betting-related services, and
any entity or brand for which the majority of its U.S. gross revenues or operating profit
in any of the last three years is attributable to sports betting-related services.
8. Illegal products or services.
9. Movies, video games and other media that contain or promote objectionable material
or subject matter (e.g., overtly sexual or excessively violent material), as determined
by the NFL.
10. Restorative or enhancement products (e.g., “male enhancement” products), except to
the extent otherwise expressly permitted under the pharmaceutical category.
11. Sexual materials or services (e.g., pornography or escort services).
12. Social cause/issue advocacy advertising, unless otherwise approved in advance by
the NFL. (If approved, only traditional advertising (i.e., discrete units airing during
commercial breaks, rather than segment sponsorships or media enhancements) will
be permitted.)
13. Tobacco products (e.g., cigarettes, e-cigarettes, cigars, pipe tobacco, chewing
tobacco and snuff).
14. Cannabis, other products containing cannabinoids, and products related to the
production or ingestion of such products.
15. Advertisements for medical devices and prescription pharmaceutical products, unless
otherwise approved in advance by the NFL or as set forth below. (If approved, only
traditional advertising will be permitted.)
(a) Advertising for prescription medications is currently permitted in the
following categories only (categories subject to change at any time in the
NFL’s sole discretion):
i.
Aesthetic Products (e.g., Botox, Latisse)
ii.
Analgesics (Non-Opioid Only) (e.g., Celebrex, Mobic)
iii.
Antibacterials (e.g., Zithromax, Levaquin)
iv.
Anticoagulants/Platlet Modifying Agents (e.g., Pradaxa, Plavix)
v.
Anticonvulsants/antiepilepsy (e.g., Neurontin)
vi.
Antidementia / Alzheimer’s Agents (e.g., Aricept)
vii.
Antidepressants / Anxiolytics (e.g., Cymbalta, Lexapro, Zoloft)
viii.
Antifungals (e.g., Diflucan)
ix.
Antigout Agents (e.g., Zyloprim)
x.
Anti-Insomnia Agents (e.g., Lunesta, Ambien)
xi.
Anti-Inflammatory Agents (Non-Steroidal Only) (e.g., Deltasone)
xii.
Anti-Migraine Agents (e.g., Topamax, Treximet)
xiii.
Antineoplastics/Oncology Agents (e.g., Rituxan, Gleevec)
xiv.
Antiparasitics (e.g., Malarone, Stromectol)
xv.
Anti-Parkinson / Movement Disorder Agents (e.g., Requip, Mirapex)
xvi.
Antispasticity Agents (e.g., Zanaflex)
xvii.
Antivirals (e.g., Kaletra, Zovirax, Tamiflu)
xviii.
Blood Glucose Regulators / Diabetes Medications (e.g., Januvia)
xix.
Cardiovascular Agents (including Cholesterol Reducing) (e.g.,
Lipitor, Cestor, Norvasc)
xx.
Dental and Oral Agents (e.g., Aphthasol)
xxi.
Dermatological Agents (e.g., Taclonex)
xxii.
Gastrointestinal Agents (including Inflammatory Bowel Disease
Agents) (e.g., Nexium, Asacol)
xxiii.
Genitourinary Agents (including Erectile Dysfunction and Prostate
Medications) (e.g., Flomax, Viagra)
xxiv.
Hair Renewal and Growth (e.g., Propecia)
xxv.
HIV medications (e.g., Dovato)
xxvi.
Immune Suppressants / Immunomodulators (e.g., Humira, Orencia, Enbrel)
xxvii. Metabolic Bone Disease Agents (including Anti-Osteoporosis Agents)
(e.g., Boniva)
xxviii. Multiple Sclerosis Agents (E.g., Betaseron, Ampyra)
xxix.
Ophthalmic Agents (e.g., Restasis)
xxx.
Oral Contraceptives (e.g., Loestrin 24)
xxxi.
Otic Agents (e.g., Auralgan)
xxxii. Pancreatic Enzyme Replacement Agents (e.g., ZenPep)
xxxiii. Respiratory Tract Agents (Allergy and Asthma Medications) (e.g.,
Advair, Spiriva, Pulmicort)
xxxiv. Smoking Cessation Products (e.g., Chantix), but specifically not
including “electronic cigarettes”
xxxv. Vaccines (e.g., Gardasil, Fluvirin, Zostavax)
(b) Advertising for medical devices is currently permitted in the following
categories only (categories subject to change at any time in the NFL’s sole
discretion):
i.
Aesthetics (e.g., dermal fillers for facial wrinkles)
ii.
Cardiovascular (e.g., coronary stents)
iii.
Dental (e.g., dental implants)
iv.
Drug Delivery Devices (e.g., diabetes pumps)
v.
Ear, Nose, and Throat (e.g., sleep disorder breathing products, hearing
aids)
vi.
Ophthalmic (e.g., intraocular lenses for cataracts)
vii.
Orthopedic (e.g., knee/hip replacements)
16. Any advertisement that does not comply with the NFL’s Advertising Content Regulations.
16
ADVERTISING CONTENT REGULATIONS
Any advertisement not in compliance with the following guidelines will be deemed prohibited
advertising under this agreement.
All advertisements must:
1. Comply with all applicable broadcast standards and regulations;
2. Be of suitable artistic and technical quality;
3. Include responsibility messaging, and not be targeted at minors, if advertising alcohol or
gambling (including sports betting);
4. Not violate any rights of any person, firm or corporation;
5. Not contain any false, unsubstantiated or unwarranted claims for any product or service,
or testimonials that cannot be authenticated;
6. Not be in whole or part defamatory, obscene, profane, vulgar, repulsive or offensive,
either in theme or in treatment, or describe or depict repellently any internal bodily
functions or symptomatic results of internal conditions, or refer to matters generally
considered socially unacceptable;
7. Not contain any false or ambiguous statements or representations that may be misleading
to the audience;
8. Not include any element of intellectual property without the owner’s consent to such use,
including but not limited to music master, mechanical, performance and synchronization
rights, or give rise to any other colorable claim of infringement, misappropriation or
other form of unfair competition;
9. Not be libelous or disparage competitors or competitive products;
10. Not be injurious or prejudicial to the interests of the public, the NFL, its member clubs or
honest advertising and reputable business in general; and
11. Not make any appeal for funds or consist of, in whole or in part, political advocacy
(unless otherwise approved by the NFL).