Advertising Inventory Guidelines

These guidelines (“Guidelines”) apply to purchases of Disney Digital Network (“DDN”) advertising inventory sold in the U.S. on Disney-branded properties, as well as influencer videos, articles, posts, channels, pages and sites (“Influencer Content”) with Disney characters, assets, or branding, and Influencer Content without Disney characters, assets or branding (collectively, the “DDN Advertising Inventory”). It does not, nor can it, provide an exhaustive list of guidelines or examples and DDN reserves the right to review, approve, refuse to display, or remove any and all advertising on a case-by-case basis. DDN also reserves the right to approve exceptions to these Guidelines on a case-by-case basis.

  1. Guidelines applicable to all DDN Advertising Inventory
    • Disclosures for Advertising Materials. Advertising materials, including custom materials, must be clearly identifiable as an advertisement and may not be disguised as editorial content. The method of disclosure can differ depending on the platform, target audience, and type of advertising, but in all cases must be clear and conspicuous. Similarly, disclosures concerning a product, service or offer, such as how a product works, what is included with a service, or what is excluded from an offer, must be made clear and conspicuous to a reasonable consumer.
    • Substantiation, Legality, Third Party Rights. Advertisers must be able to substantiate any express or implied claims conveyed in the advertising materials. An advertised offer must be fulfilled as stated in the advertisement, and advertisements may only portray or make claims about the product or services being advertised that are accurate and truthful. Advertising materials may not contain unsubstantiated, false or misleading claims, or misleading language (e.g., using the word “free” in the advertisement to describe a contest or sweepstakes prize). Nor may they violate applicable laws, rules or regulations or infringe or violate any third party’s rights.
    • IAB Terms. The terms of the applicable Insertion Order (“IO”), including the 4As/IAB Standard Terms And Conditions For Internet Advertising For Media Buys One Year or Less (version 3.0) referenced in the IO, and the terms of the Promotion Agreement (if any), apply to each campaign.
    • Third Party Technology.  All third party technology included or appended to an Ad by or on behalf of Advertiser (“ATPV Services”), including any tags, pixels or other software code utilized for brand safety, invalid traffic/fraud or viewability, shall be subject to DDN’s prior written approval and shall only be permitted for purposes of measuring performance, monitoring, research or verification.
    • Disney Assets. The use of Disney-branded assets or Disney characters in custom materials must be pre-approved by Disney Corporate Franchise Management or the appropriate Disney division that (i) controls the franchise being portrayed and (ii) has licensed the rights to the advertiser to use such assets (if applicable). If approved, then the Disney assets/characters cannot be portrayed as being aware of the sell message around them. To that extent, the following are not acceptable:
      • Characters/assets holding merchandise
      • Characters/assets pointing to, gesturing towards, or otherwise presenting merchandise, offers, or services
      • Characters/assets appearing to think about merchandise, offers, or services (e.g., the use of “think bubbles”)
      • Characters/assets looking at merchandise
      • For food and beverage advertisers, characters/assets eating or drinking the merchandise
      • Characters/assets using merchandise and/or services of the advertiser

     

  2. Guidelines applicable to DDN’s Advertising Inventory on Disney-branded properties and Influencer Content with Disney characters, assets, or branding (“DDN’s Disney-branded Advertising Inventory,” e.g., inventory on Disney Style, Disney Family, Oh My Disney, Babble, Star Wars, Influencer Content claimed on YouTube)
    • Data Collection. Advertisers engaging in data collection through its advertising materials must collect data in compliance with Disney’s Data Collection and Use Policy, which can be found at https://dcpi.DDN.com/data-collection-use-policies/. Where personal information is requested on an advertiser’s landing page:
      • Any collection of personal information must be in full compliance with all privacy laws, including data protection laws and regulations;
      • An advertiser must clearly explain to the consumer how the advertiser will use the personal information collected;
      • An advertiser must provide a clear and conspicuous link to its privacy policy on the landing page from the advertisement.
    • Food or Beverage Advertising. Advertising of food or beverage products (“Food Advertising”) that targets an audience aged 13 and over are subject to the following restrictions:
      • Food and beverages that do not meet Disney’s Nutritional Guidelines (found at http://citizenship.disney.com/disney-check) and are primarily intended for kid consumption (e.g. kids’ cereals) cannot be advertised.
      • Kids cannot serve as talent in Food Advertising where the advertised food or beverage does not meet Disney’s Nutritional Guidelines. An adult must be the major focal point of the advertising.
      • Food Advertising cannot use kid-appealing artwork or language where the advertised food or beverage does not meet Disney’s Nutritional Guidelines.
      • Food Advertising should show a balance of nutritious foods such as fruits and vegetables regardless of age target.
      • Food Advertising that advertises soda and/or candy must be targeted to an 18+ audience.
    • Product Categories
        • The following categories are inappropriate for DDN’s Disney-branded Advertising Inventory:
          • Ads for “R” or “NC-17” rated movies, “TV14” or “TVMA” TV programming, or “M”, “AO” or “RP” rated entertainment software products
          • Tobacco (cigarettes, cigars, pipes, chewing tobacco, etc. except for anti-smoking campaigns approved by Disney)
          • Alcohol (beer, wine and hard liquor)
          • Illegal drugs (marijuana, etc., except for anti-drug campaigns approved by Disney’s Corporate Brand Management)
          • Sexually explicit or suggestive images (pornography, sex sites, bare midriffs/legs) or any other products, themes or content with adult themes or themes of a sexual nature (e.g., Viagra, contraceptives, adult toys, etc.)
          • Potentially slanderous or libelous content
          • Bad language, proxies for bad language (X@#%!)
          • Politics or social issues (lobbyists, PAC sites, political campaigns)
          • Sensationalism (killer bees, gossip, aliens, scandal, etc.)
          • Gambling (excluding legal state lotteries, sweepstakes and fantasy leagues) and “get rich quick” schemes
          • Graphic violence (including certain types of game sites)
          • Dangerous products or violent sports/recreational activities (guns, weapons, bullets, fireworks, matches, lighters)
          • Death and death-related products and services (funerals, funeral homes, mortuaries)
          • Advertising materials that potentially encourage imitation of unsafe, inappropriate or otherwise illegal behavior
          • Discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
          • Images or content that is any way unlawful, harmful, threatening, defamatory, obscene, or harassing
          • Diet, weight loss, or slimming products such as diet pills or food substitutes such as slimming shakes
          • Personals or dating services
          • Subscriptions
          • Religion and religious themes
          • Cosmetic or body modification procedures, including tanning in an ultraviolet device and plastic surgery
          • Black Magic, Astrology, Occult and paranormal
          • Hacking and cracking products and services
          • Brokerages and day trading
          • Unauthorized or unapproved use of Disney’s creative assets (such as, talent, logos, characters, movie logos, theme park imagery, color scheme, font(s), etc.)
      • The following categories are reviewed on a case-by-case basis to determine whether they are appropriate for DDN Disney-branded Advertising Inventory:
        • PG-13 movies and T-rated entertainment software products
        • OTC (over-the-counter) or prescription medication (including vitamins, dietary supplements, and diet/weight-loss products)
        • Double entendres
        • Controversial topics (social issues, etc.)
        • An implied affiliation or favored status with Disney
        • A copy or parody of current or past Disney advertising materials
        • Involves a direct business competitor of Disney’s
        • Involves an advertiser in a category where Disney has previously granted exclusive rights to another party
        • Non-Disney animated characters
  3. Guidelines applicable to DDN Advertising Inventory directed at children under 13
    • Disclosures. In addition to text disclosures, audio disclosures must be used when video or audio advertising is directed at children under 13.
    • Compliance. The advertising materials and delivery must also comply with the Children’s Online Privacy Protection Act, the Children’s Online Privacy Protection Rule, as amended, and any United States Federal Trade Commission guidance on the foregoing Act and Rule (collectively, “COPPA”) and the Children’s Advertising Review Unit’s (“CARU”) guidelines. COPPA and CARU provide that, among other requirements, advertisements directed to children under 13 years of age should not engage in online behavioral advertising. To learn more about COPPA and CARU, see https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule and http://www.caru.org/guidelines/guidelines.pdf.
    • FORT-D. The DDN Account Management Organization must run all advertisements through its internal ad approval system (“FORT-D”) before an ad campaign directed at children under 13 can launch.
    • Data Collection. Personal information (as defined under COPPA) must not be collected from children on DDN Advertising Inventory.
    • Nutrition Guidelines. All advertisements for food and beverage products, food service providers, and restaurants directed to kids and families must comply with The Walt Disney Company’s Nutrition Guidelines and must be approved on a case-by-case basis. Disney’s Nutrition Guidelines can be found at http://citizenship.disney.com/disney-check.
    • Entertainment Software Products (e.g., console games, mobile games) directed at children under 13. Industry sponsored ratings for entertainment software products (referred to herein as “Games”) must be disclosed in video and audio. Games carrying an Entertainment Software Rating Board (“ESRB”) rating of E or E10+ (for everyone 10 and older) may be advertised. For more information on ESRB ratings, go to www.esrb.org.
    • Films and Videos directed at children under 13. Advertisers should take care to ensure that only age-appropriate videos and films are advertised to children. If an industry rating system applies to the product, such as the Motion Picture Association of America (“MPAA”) rating for films, the rating label must be prominently displayed.
    • Product Categories. In addition to the categories listed in Section 2(c) above, the following categories are prohibited on DDN Advertising Inventory directed to children under 13:
      • Content that could frighten or upset young children or the parents of young children or is otherwise inappropriate for children
      • Food or beverages that contain high levels of caffeine or any artificial stimulant (including guarana or other energy drinks)
      • Advertisements that link to any age-restricted social media platform or network e.g. Facebook, Instagram, Twitter
      • Products with a “keep out of reach of children” label
      • Products with product pricing featured
  4. Guidelines applicable to DDN Advertising Inventory on Influencer Content without Disney characters, assets or branding (e.g., inventory on influencer’s personal YouTube channel, or Facebook or Instagram pages). Generally, the same restrictions apply as described in Section 2(c) above, with the following exceptions:
    • M or T-Rated Games. Advertising for M or T-Rated Games is reviewed for approval on a case by case basis. If approved, advertisements for an M or T-Rated Game must comply with the Entertainment Software Rating Board’s (“ESRB”) guidelines found at https://www.esrb.org/ratings/principles_guidelines.aspx and the guidelines below:
      • An advertisement should accurately reflect the nature and content of the Game it represents (i.e., an advertisement should not mislead the consumer as to the Game’s true character.);
      • An advertisement should not glamorize or exploit the ESRB rating of a product or a ruling or determination made by Advertising Review Council (“ARC”), nor misrepresent the scope of ARC’s determination;
      • A Game’s ESRB rating must be disclosed in the advertisement; for video advertisements, it should be disclosed in both text and audio;
      • All advertisements should be created with a sense of responsibility toward the public;
      • No advertisement should contain any content that is likely to cause serious or widespread offense to the average consumer;
      • Advertisers must not specifically target advertising for Games rated “Teen,” “Mature,” or “Adults Only” to consumers for whom the Game is not rated as appropriate;
      • Games that encourage excessive violence, dangerous, or anti-social behavior or Games with sexual themes will not be approved;
      • To the extent possible based on the nature of the advertisement and the inventory, advertisements for M-rated Games will be placed on advertising inventory that runs after 10:30pm ET (9:30pm CT);
      • If DDN is creating custom materials for an M-rated Game, DDN will use an influencer that targets an audience that is at least 17 years old or older.
    • Film/TV. Advertised film and TV content must be appropriate for the audience and the environment of the platform. For films, the rating must be included within the advertisement. To the extent possible based on the nature of the advertisement and the inventory, advertisements for R-rated movies will be placed on advertising inventory that runs after 10:30pm ET (9:30pm CT). If DDN is creating custom materials for an R-rated movie, DDN will use an influencer that targets an audience that is at least 17 years old or older.
    • Alcohol. Alcohol advertising is subject to the platform terms of use. On-screen talent must be 25 years old and appear in a role that is at least 21 years old. At least 72% of the audience of the channel where the alcohol advertising will appear must be at least 21 years old or older. Advertisers should comply with the self-regulatory code applicable to their alcohol product (i.e. Distilled Advertising Council of the United States https://www.distilledspirits.org/, the Beer Institute http://www.beerinstitute.org/, or Wine Institute https://www.wineinstitute.org/).
    • Food Advertising. The restrictions on Food Advertising applicable to DDN Disney-branded Advertising Inventory do not apply to Influencer Content without Disney characters, assets or branding.
    • Other. DDN reserves the right to approve other exceptions to the restrictions described in Section 2(c) above on a case-by-case basis.