While TuneIn prohibits certain advertising as noted, there are “Restricted” categories of advertising that may be accepted with advance approval provided that the ads are truthful, accurate, substantiated, and meet the additional requirements defined below.
Advertisements Promoting Sweepstakes or Contests
Sweepstakes (games of chance) and contests (games of skill) are strictly regulated by state laws. Therefore, ads promoting a sweepstakes or contest must contain certain disclosures with guidelines as follows:
- No Purchase Necessary: Advertisers cannot require a purchase or fee for entry into a sweepstakes (game of chance);
- Skill contests: When skill predominates over chance, a purchase or fee may be required to enter (except in certain states, check with the TuneIn Legal Department (email@example.com) for an updated list of states);
- Official Rules: All promotions should operate under a set of Official Rules;
- Abbreviated Rules: All advertising for Sweepstakes must disclose, at a minimum:
- That no purchase is required (i.e., “NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE CHANCE OF WINNING”);
- The start and end date and time (i.e., “starts at 12:00:01 am EST January 1, 2020 and ends at 11:59:59 pm EST January 31, 2020”);
- Any eligibility limitations (i.e., “must be a legal resident of the 50 United States or D.C. 18 years of age or older”);
- “Void where prohibited”; and
- Where participants can get official rules (i.e., “see www.Sponsorsite.com for official rules,”). Note: Rules should be made available in the same way the sweepstakes is played.
- “Sponsor: ABC Company, Inc.”
Weight Control Products
In general, all weight control advertising should be depicted in terms of a healthy overall program of combined diet and exercise. All weight control advertising should:
- Display realistic, achievable results
- Disclose results are not typical, if the featured testimonial is an extraordinary case
- Avoid overstatement of the benefits or rates of weight loss
- Not state or imply that weight loss is easy, fast or permanent
- No weight control ads should be directed towards children
Medical Products or Nutritional Supplements
Ads for Over the Counter (OTC) drugs and medical devices are accepted on TuneIn. TuneIn will not accept advertising for a product that does not comply with applicable governmental regulations or which is otherwise contrary to the public interest. The rules and regulations related to OTC drugs and medical devices are complex and this section is designed to provide a brief overview. These types of ads must:
- Provide factual information about such products;
- Avoid overstatements of the product’s capabilities;
- Advise consumers to read and follow label directions;
- Not be directed to children;
- Show “use as directed” if an overt reference to the drug’s indications is provided;
- Not use actors to portray health professionals;
- Not show OTC drugs being ingested;
- Portray accurately the time frame required for relief;
- Portray only occasional use, not chronic use;
- Include “Ask your doctor” if the ad refers to a prescription drug as well;
- Disclose that the product provides only temporary relief; and
- Any significant warnings from the product label should be included in the ad.
- If the product’s principal active ingredient is referenced, its common name must be disclosed (e.g., caffeine).
- Product use must be consistent with sound safety practices.
- The ad should not indicate a product will improve one’s mood or increase physical energy.
- Referenced tension should be qualified as “minor” or simple nervous tension.
- Avoid overstatement of the symptoms.
- Products should be categorized as an aid to sleep only, not the reason for sleep.
- Products should not be used to prepare for the next day’s activities.
- Referenced tension should be qualified as “minor” or simple nervous tension.
Arthritis & Rheumatism
- Ads should avoid depictions of dramatic, marked improvement in mobility.
- These ads will be accepted, however, they will be prohibited from running against sports content, content geared towards children, and religious content.
Prescription drug advertising is strictly regulated pursuant to the Food and Drug and Cosmetics Acts as well as other regulations and guidance issued by the Food and Drug Administration (“FDA”). The following are general guidelines for prescription drug advertising. The rules and regulations are complex, and this section is designed to provide a brief overview only.
Ads promoting prescription drugs must adhere to the following general principles:
- Respect the Doctor-Patient Relationship: Ultimately a doctor and its patient, together with the medical community, promote good health.
- Avoid Promotion of Self-Medication: No ads should encourage consumers to borrow medicine from others to treat a condition; all potential users of the drug should consult with their physician to obtain the proper prescription.
- Do No Encourage Abuse: Ads should not glamorize the product or encourage overuse.
- Do Not Encourage False Hope: Ads should not encourage false hopes or employ scare tactics that prey on people’s fears and insecurities.
- Avoid an Overly Casual Attitude: Ads should not represent the use of a medication as a “magic bullet” or simple solution to problems.
- Be Tasteful: The ads should not exaggerate symptoms or portray bodily functions in a distasteful manner.
The law imposes more specific regulations for prescription drug advertising as well:
- Only prescription drugs that have been labeled “safe and effective” by the FDA should be advertised. Ads should not use words like “safe”, “harmless” or “without risk” unless these claims are substantiated and approved by the FDA.
- If that ad includes indications for use, dosage recommendations, or identifies the drug as an effective treatment for a specific disease, the ad must include a brief summary of the drug’s side effects and contraindications.
- The ad should not feature the drug being administered or ingested.
- Children under 12 years of age should not be featured in ads for adult-level prescription drugs, except in an incidental, background manner.
Advertisements for student loans must adhere to the following requirements:
- Ads should be clearly identified as advertisements, either through an explicit, prominent use of the word “ADVERTISEMENT” at the top or bottom of the advertisement, segregation from the body of the site content, or the use of formats that are commonly recognized as advertisements.
- Similarly, advertisements for student loans should be presented as such, and not as a scholarship or grant, or as a fake check.
- Ads should not appear as though they come from the federal government and should not make any false or misleading comparisons with federal student loans.
- The lender should be clearly and prominently disclosed on all advertisements.
- Ads should not include any inducements, such as gift cards or iPhones, to distract from the terms of the loan, or any inducements for students to convince their friends to take out loans with the lender.
- Ads should not display terms only available to a small fraction of buyers without appropriate disclosure.
Warranties & Guarantees
Product warranty language is strictly regulated by federal law. The key regulations are:
- If warranties are offered on certain products, warranty documents must be provided with the products at the time of sale.
- Any reference to warranties in advertising copy requires a disclosure that the warranty is available for consumers to see prior to sale, such as “see www.ProductSite.com for limited warranty details.”
The use of the words “guarantee” or “guaranteed” in advertising copy may refer to written product warranties, as described above, or satisfaction/money back guarantees.
- If it is a reference to a product warranty, the ad must contain the disclosure described above, i.e., “see store for limited warranty details.”
- If it is a reference to any other type of guarantee, the ad must clearly and accurately describe what the guarantee covers:
- If “guarantee” refers to a service guarantee, any guarantee details referenced in the ad must be accurate and not misleading.
- If the “guarantee” refers to a satisfaction or money back guarantee, all limitations must be reasonable and specifically disclosed (e.g., “shipping not included”).
- An advertisement may not guarantee something that is not under the direct control of the advertiser.
Free & Bonus Advertising
Ads that use the terms “free,” “bonus,” or other words or terms which convey the impression to the consuming public that an article of merchandise or service is being offered “without charge” are subject to scrutiny. Generally, all such ads must disclose the conditions of a “free” offer with these ads complying with the following:
- Display the conditions in immediate connection with the word “free” (next to or directly below, no asterisks);
- Advised: “FREE XXXXX when you buy XXXXX (a $XXX value)”
- Not Advised: “Free XXXX*”
*“when you buy XXXXX (a $XXX value)”
- The font/lettering for the conditions must be at least half the size of the font/lettering for the word “free”;
- The prices of other items that must be purchased in order to obtain the “free” item must not be increased in order to accommodate for the “free” item;
- The value of the “free” item must be disclosed in the ad; and
- If the “free” item will be sent by mail, the ad must state that.
- Additional limitations on “free” offers:
- A particular product or service should not be advertised as “free” with the purchase of another product or service in a trade area for more than 6 months in any 12-month period;
- At least 30 days should elapse before an identical offer is promoted in the same trade area; and
- No more than three such offers should be made in connection with a product or service in the same area in any 12-month period.
“New” In Advertising
Generally, the term “new” can only be used to describe a product that has first been released into the marketplace, by the manufacturer or anyone else, during the prior six (6) months. An exception is permitted where the product is first tested in markets not exceeding 15 percent of the U.S. population. In such cases, six months in a test market may precede the general six-month period.
- “Now” is treated the same as the term “new”.
- “Introducing” is treated the same as the term “new”.
Online gambling advertisements are permitted to run in the United States in states where gambling is legal and other countries where gambling is legal including, but not limited to, England, Scotland, Wales, Italy, France, or Spain. No gambling advertisements will be allowed to run on sports, children, or religious content on TuneIn. Sports gambling ads may be further restricted from users below a required age in accordance with state law. Notwithstanding the foregoing, Fantasy Sports advertisements that comply with all applicable laws, are subject to review and acceptance by TuneIn.
Advertising for professional services is regulated by each industry. While the advertiser has the burden of meeting all relevant laws and ethics guidelines, ads for medical procedures, chiropractic procedures, legal services and related services will be reviewed and should incorporate the following guidelines:
- Ads should be factual and dignified;
- Ads should not play on viewers’ fears or encourage unrealistic expectations, e.g., “You will look twenty years younger!” or “We will deliver a huge settlement!”;
- Words like “safe” and “harmless” should not be used unless substantiated; and
- Advertised legal fees should be for specific legal services only such as bankruptcy or divorce.
- The same standards apply to chiropractors and doctors.
Use of Personal Names
For ads contain individual names, e.g., “Learn how to sing like Beyoncé!”, state law protects a person’s right to prevent or control the unauthorized commercial use of his or her name and likeness. Whenever the name, likeness, voice or statement of a person is used in an ad, an appropriate release must be obtained.
- Permission is required even if the individual whose name, likeness, voice or statement is an employee of TuneIn, the advertiser, or a corresponding broadcaster.
- Permission is required to use any name and not just the name of a celebrity.
Copyrights protect a literary, musical or artistic work from unauthorized commercial use or copying. Third party material will be reviewed to avoid claims of contributory copyright infringement. Simple examples of what may or may not be copied without obtaining permission include:
- Permission is required for use of:
- A movie still;
- Photograph; or
- Words or music to a song.
- Permission is not required to use:
- A work in the public domain;
- The general idea embodied in a work; or
- The underlying facts in a written work.
- Advertisers can avoid copyright infringement problems by securing written permission before using any work submitted by an independent artist or firm.
Third Party Trademarks
Use by an advertiser of a third-party trademark, whether the mark is registered or unregistered, likely requires a release from the trademark owner.
- Ads for publication on TuneIn must be sure that in no event does the use of the third-party trademark imply a false endorsement, sponsorship, or association with the advertiser.
- Permission is always required from the trademark owner, unless:
- The trademark is used in describing products offered for sale by a retail dealer;
- The trademark is used as part of an acceptable product comparison;
- The trademark is used to inform consumers that products are compatible with another company’s product; or
- The trademark is used to inform consumers of a prize or premium in a promotion.
- The ad should use the other company’s trademark correctly by placing the ™ or ® symbol next to the trademark if the trademark owner does so (™ indicates that it is an unregistered trademark, and ® denotes a federally registered trademark).
- Or, the ad should identify the trademark owner by name in the ad, if the context of the use could lead consumers to think that the advertiser owns, is affiliated with, or is authorized to use the trademark of the other company.
- For prizes, the trademark should not be used in a way that makes it look like the manufacturer of the prize is associated with the sweepstakes (i.e., pictures, logo types and prominent use of the trademark should be avoided).
Comparative Advertising Claims
Comparative advertisements reference a competitor’s product. For example: “America Prefers Brand Y Cola 2:1 over Brand B Cola!”. These claims can be helpful to consumers if accurate, truthful and supported by appropriate substantiation. In general, comparative ads should meet the following guidelines:
- The comparison must be truthful and accurate with clear disclosure of all material facts.
- The advertiser should have written substantiation on hand prior to publication of the ad including evidence of competitive testing.
- All substantiating data must be obtained from an independent source or verified by independent experts.
- No “cherry picking,” i.e., advertisers cannot use only the test results or data that support a claim while ignoring test results or data that undermine the claim.
- The comparison should be apples-to-apples: only products with the same feature(s) should be compared.
- The comparison should be relevant: the feature(s) being compared should be significant in terms of value or performance.
- Advertisers should not “overuse” a competitor’s trademark. The law allows for comparative ads to contain only as much of a competitor’s trademarks to be used as necessary.
Advertising of all alcohol beverages like beer, wine and spirits are restricted and must be reviewed prior to acceptance for running on TuneIn.
- Ads must act in compliance with all applicable laws and industry standards for each country that allows them to be served into.
- Ads will only be targeted to individuals above the legal drinking age and should not imply drinking alcohol can improve a person’s social, sexual, professional, intellectual or athletic standing.
- Ads cannot portray excessive drinking in a positive light or feature binge or competitive drinking.
- Ads cannot display alcohol being consumed in conjunction with the operation of any vehicle, machinery or the performance of any tasks requiring alertness or dexterity.
Marijuana and CBD
State law governs the legality of marijuana and CBD. TuneIn may accept these ad campaigns where marijuana and CBD are legal. These advertisements will be prohibited from running on all sports, children’s, and religious content. TuneIn may restrict these ads from users who are below the required age in accordance with applicable state law.
Social Issues, Elections and Politics
TuneIn generally allows advertisements about social issues, elections and politics; however, where appropriate, TuneIn may restrict such ads. Such ads will not be permitted to run against children’s content on TuneIn.
Advertisers and/or their representatives running social issue, electoral and political advertisements must comply with all applicable federal and state laws and governmental regulations, including, but not limited to, the Communications Act, the Bipartisan Campaign Reform Act and the rules and policies of the Federal Communications Commission.
TuneIn may restrict advertisements for virtual currencies and related content.