Businesses warned over AC advertising rules

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  • Areas affected: the following five maps highlight the places in Bermuda were restrictions are in place

    Areas affected: the following five maps highlight the places in Bermuda were restrictions are in place


Tough restrictions on advertising and street trading will be put in place in Hamilton, the Great Sound and Dockyard for the America’s Cup — with fines of up to $20,000 for offenders.

Front Street in Hamilton as far back as Reid Street, as well as Albuoys Point, Par-la-Ville Road and Bermudiana Road up to the junction with Church Street, are affected by the new rules.

Mangrove Bay to Dockyard has also been named in the restricted marketing order published by Government, which means no new businesses can set up until after July 7 unless they have permission from the America’s Cup Event Authority.

All on-water areas for the America’s Cup and the surrounds of Great Sound and the Railway Trail from the junction of Middle Road and South Road towards the West End and transport terminals including Hamilton’s ferry terminal and bus station are also covered by the order.

The regulations also ban street trading in restricted marketing areas by new operators who have not obtained official permission.

A spokeswoman for America’s Cup Bermuda said: “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 business.

“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.”

The spokeswoman explained 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”.

She added: “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 regulations also forbid the use of “America’s Cup” by any business or person and “any other words, logos or emblems related to the America’s Cup ... in any advertising without the express authority of the America’s Cup Event Authority. This is reserved for official partners and licensees.”

The regulations, part of the 2015 America’s Cup Act, were first used in Hamilton when Bermuda hosted the Louis Vuitton America’s Cup World Series in October 2015.

Kendaree Burgess, executive director of the Bermuda Chamber of Commerce, said the organisation had no argument with the restrictions.

She added: “We have had an explanation from ACBDA that satisfies us. I don’t anticipate any problems.”

• A map of the areas affected by the rules can also be found by clicking on the PDF link under related media.

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Published May 18, 2017 at 8:00 am (Updated May 18, 2017 at 11:29 am)

Businesses warned over AC advertising rules

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