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TO:                  ALL LICENSED RACING ASSOCIATIONS, JOCKEYS AND HORSEMEN

FROM:            Lisa Underwood, Executive Director

DATE:             Apr. 6, 2007

SUBJECT:       JOCKEY ADVERTISING

 

Jockey Advertising

The following information is intended to provide a reminder regarding the Kentucky regulation governing advertising worn by jockeys in thoroughbred races in Kentucky - 810 KAR 1:009, Section 15. This information is not meant to replace or modify the regulation in any way, only to explain how the process works on a day-to-day basis.

The general rule is that a jockey is not permitted to wear advertising or promotional materials within one hour of a race, without receiving prior permission or meeting an exception for certain specific noncommercial advertising.

Automatically Permitted NonCommercial Advertising

Regarding the exception for noncommercial advertising, a jockey may wear a logo relating to the following without obtaining prior approval:

1.                  the Jockey’s Guild in the form of the picture of a jockey’s boot or the picture of a wheelchair, with no additional picture or logo; or

2.                  the National Thoroughbred Racing Association (NTRA) Permanently Disabled Jockey’s Fund logo.

All materials must conform to the size requirements set out below. No additional pictures or logos other than the ones listed above are permissible unless prior written approval is obtained under the process set out below and the approval is reflected in the Kentucky Horse Racing Authority’s official records.

Approvals Required for all other Advertising

Approval is required for advertising for other nonprofit organizations as well as for any for-profit organizations. In order to wear commercial advertising or advertising for a nonprofit organization not specifically provided for in the regulation, certain conditions must be met. First, the jockey must have the written permission of: (1) the owner of the horse or the owner’s authorized agent; (2) the licensed racing association and (3) the stewards.

In order to obtain the required permission, the jockey must complete a form entitled “Request to wear Advertising and Promotional Material,” a copy of which can be found on the KHRA Web site.The form must be completed and contain the signatures of both the owner of the horse (or the owner’s authorized agent) and a representative of the racing association showing their approval of the proposed advertising. The completed form, including the necessary signatures, must be submitted to the stewards in the racing office not later than time of entry of the race for which the advertising is to be worn.

The owner, the racing association and the stewards have the right to personally view the proposed advertising, if they so desire, before giving approval.

If a picture or logo has previously been approved by the current owner, association and stewards under the process set forth in the administrative regulation, and the approval is reflected in the Authority’s official records, the jockey is not required to obtain additional approval.

 
Approval of the Owner of the horse or the Owner’s Authorized Agent

The jockey must obtain the signature of the owner of the horse or the owner’s authorized agent on the form.

 
Approval of Racing Association

The regulation states that the racing association shall give its approval only if it determines that the advertising material to be worn does not “compete with, conflict with or infringe upon sponsorship agreements applicable to the racing association, race or the race meet in progress.”

The contact information for Kentucky racetrack executives to address the approval of jockey advertising is as follows:

1. Churchill Downs – Jim Gates                        502-636-4595

2. Ellis Park– Ron Geary                                    270-826-0608

3. Keeneland – Rogers Beasley                        859-254-3412, ext. 4217

4. Kentucky Downs – Corey Johnson             270-586-7778
 

5. Turfway Park – Robert Elliston                      859-647-4803

 
Approval of Stewards

It is the responsibility of the stewards to ensure that the proposed advertising meets certain size requirements. Those requirements are as follows:

(1)   A maximum of 32 square inches on each thigh of the pants on the outer side between the hip and the knee and 10 square inches on the rear of the pant at the waistline at the base of the spine;

(2)   A maximum of 24 square inches on boots and leggings on the outside of each nearest the top of the boot; and

(3)   A maximum of 6 square inches on the front center of the neck area (on a turtleneck or other undergarment).

In addition, no sponsorship is permitted by any person or entity whose message, business reputation or ongoing business activity may be considered as obscene or indecent to a reasonable person. The stewards will be responsible for making this determination.

It is the responsibility of the jockey to ensure that the form is submitted to the stewards on or before the time of entry. It is not the responsibility of the racing association to make sure the form reaches the stewards.

Once the jockey has obtained all of the necessary signatures evidencing permission to wear the advertising and submitted the form to the stewards on or before time of entry, and once the stewards determine that the advertising meets the necessary size requirements and does not otherwise violate the regulation, the stewards will sign the form showing their approval. The stewards will customarily be the last signatures on the form. The stewards may return the form to the racing office or to the individual jockey, but it is the responsibility of the jockey to determine whether the stewards have granted permission to wear the advertising before wearing it in a race.

Jockeys should advise all potential sponsors that any agreement to wear advertising is contingent upon the written approval of the owner, the racing association and the stewards. Jockeys should be aware that only advertising that meets the criteria set out in the regulation shall be permissible.

All racing associations retain the right to enforce their own internal rules regarding advertising and to eject or exclude licensed or unlicensed persons from association grounds.

For further information or questions, please contact Marc Guilfoil at 859-338-5384.