TouchTunes Advertising Guidelines

ADVERTISING GUIDELINES 

Last Updated and Effective: March 13, 2026

 

INTRODUCTION

 

TouchTunes Music Company, LLC (and our wholly owned subsidiaries) (collectively, “TouchTunes”) own, operate, and/or distribute various products and services (the “TouchTunes Network”), including without limitation jukeboxes and other music services; dartboards and darts play, leagues and tournaments, wagering, and other games-related services; and payments services.

 

These Advertising Guidelines (“Guidelines”) apply to the TouchTunes Network within the United States of America, Canada, and the United Kingdom, and are intended as a tool to assist advertisers, agencies, representatives, resellers, and distributors and operators of TouchTunes-manufactured and/or -provided hardware (e.g., jukeboxes, dartboards). They must be observed in the creation and production of ads, including infomercials, billboards, promotions, and other advertising materials for insertion or distribution by TouchTunes or on the TouchTunes Network (including, without limitation, on hardware receiving services from TouchTunes).

 

TouchTunes may, at any time and from time to time, in our sole discretion, and when permitted by applicable law without notice to you, modify these Guidelines for any reason, including without limitation to accommodate changes to applicable law or changes in TouchTunes’ (or industry) practices. These Guidelines are not meant to be all-inclusive but are instead intended to provide the general framework necessary to maintain the quality and integrity of advertising that will be accepted by TouchTunes, which will additionally be subject to the terms and conditions of any agreement for placement and distribution of such advertising, which may be more restrictive. Examples provided in these Guidelines are for illustrative purposes only and are not a complete list.

 

The Guidelines require that all advertising inserted and/or distributed by TouchTunes be presented in a manner that is truthful, tasteful, and not misleading or deceptive. Advertising must fully comply with applicable laws, rules, and regulations, including without limitation those issued by the Federal Trade Commission (“FTC”), Food and Drug Administration (“FDA”) and Federal Communications Commission (“FCC”) and similar, applicable laws, rules, and regulations in the United Kingdom and Canada. Advertisers bear the ultimate responsibility for complying with all applicable laws, rules, and regulations with respect to their advertising, including without limitation with respect to claims substantiation. Notwithstanding anything contained herein, TouchTunes may, at its sole discretion, apply additional requirements or make additional requests regarding any advertising purchase.

 

Even if these Guidelines indicate that a particular type of ad may be accepted, all advertising remains subject to TouchTunes’s final approval. Any approval required under these Guidelines must be obtained in advance in writing (email is sufficient). TouchTunes may withhold or revoke approval for any reason.

 

TouchTunes hereby reserves the right, in its sole discretion, at any time, to: (1) accept, reject, or require revisions of any advertising or other material submitted for insertion and/or distribution, regardless of compliance with these Guidelines; (2) adjust advertising schedules based on content considerations, audience composition, and program compatibility; (3) investigate advertisers and verify the accuracy of all statements and claims made in advertising materials; and (4) revoke approval of any advertising for any reason, including without limitation if the advertising conflicts with TouchTunes’s standards, policies, and/or in response to emergency circumstances or situations of unusual significance. None of such actions will be construed as a waiver of any rights by TouchTunes, nor any rights and remedies that may be available to TouchTunes at law, in equity, under contract, or otherwise. Notwithstanding anything to the contrary contained in these Guidelines or otherwise, TouchTunes’s review, acceptance, rejection, or requested revisions of any advertising or other materials does not constitute legal advice, assure compliance, or create any obligations on or liability for TouchTunes in any manner whatsoever.

 

GENERAL GUIDELINES

 

Artificial Intelligence

Advertising generated using artificial intelligence (“AI”) will be considered on a case-by-case basis. Any AI-generated elements must be clearly disclosed to ensure transparency and prevent misleading or deceptive content. Deceptive manipulated audio or visual images, created with malice, that depict others without their consent are prohibited.

 

Accessibility

Advertising must be designed with accessibility in mind and must comply with all applicable accessibility laws, rules, and regulations, as well as any binding guidance issues by competent authorities. Advertising must be designed to satisfy all Levels A and AA conformance requirements of the Web Content Accessibility Guidelines (WCAG).

 

Advertising Review

All advertising is subject to review and approval by TouchTunes or its representative before insertion or distribution. Approval is not guaranteed and under no circumstance does TouchTunes’s or its representative’s review or approval create any liability for TouchTunes. Advertisers remain fully responsible for their advertising at all times.

 

Children’s Advertising

Children are not permitted to use the products and services of the TouchTunes Network . Advertising to minors (as defined by applicable law) is prohibited. Ads must be designed with commercially reasonable audience targeting and content.

 

Claim Substantiation

All material claims, express or implied, including references to research or survey results, must adhere to all applicable laws, rules, and regulations, including those of the FTC and FDA and similar, applicable laws, rules, and regulations in the United Kingdom and Canada. Ad claims must be substantiated with valid and relevant scientific and/or market research. Substantiation may include research methods such as laboratory testing, clinical studies, surveys, and field tests.

 

Community Sensibilities

  • Ads must be free of obscene, indecent, profane, vulgar, or any other language, gestures, or images, in each as determined solely by TouchTunes in its sole discretion.
  • Ads must not stereotype, demean, misrepresent, ridicule, discriminate against, or attack individuals based on factors such as gender, gender identity, sexuality, race, ethnicity, color, caste, religion, creed, age, nationality, immigration status, body type, pregnancy or breastfeeding status, ability or disability, neurodivergence, veteran status, socioeconomic status, or other identities.
  • Advertising that promotes or depicts violence, crime, or any other form of anti-social behavior is prohibited.

 

Comparative Advertising

Comparisons and demonstrations must highlight specific differences between advertised products or services and compare similar properties or ingredients. Such comparisons must be significant and meaningful and the advertiser must substantiate all comparative claims and adhere to all applicable laws, rules, and regulations, and industry standards, including without limitation those of the National Advertising Division of the Council of Better Business Bureaus. TouchTunes may require an affidavit signed by the advertiser.

 

Competitive Ads

TouchTunes reserves the right to reject any advertising that it deems contrary to its business interests.

 

Contests/Sweepstakes

Advertising for an advertiser-sponsored contest or sweepstakes is accepted, provided that the contest or sweepstakes is designed and executed in full compliance with applicable laws, rules, and regulations, including without limitation those governing lotteries, games of chance, prizing, and gifts.

 

Controversial Content

TouchTunes will consider advertising that presents a position on issues of public controversy on a case-by-case basis, with the right to accept or reject it at its sole discretion.

 

Data Collection/Use

Neither advertisers nor their agents may collect, view, process, or access personal information of any kind, directly or indirectly (e.g., via tags, pixels), through advertising on the TouchTunes Network without the prior written approval of the TouchTunes General Counsel.

 

Disclaimers / Disclosures

Disclaimers must not contradict or materially alter an advertising claim. Superimposed copy qualifying a claim must be clearly readable against a plain, contrasting background and positioned within the screen’s safe area. Visual supers must remain on screen for at least three seconds for the first line, with each additional line requiring one more second (e.g., a three-line disclaimer must be displayed for five seconds total), unless applicable law specifies otherwise. Visual disclaimers must be in an easy-to-read font and remain on screen long enough to be noticed, read, and understood by a typical viewer. Audio disclaimers must be clear, loud enough to be easily heard, and spoken at a pace that allows the typical listener to understand them. Horizontal crawls in the lower third of the screen are strictly prohibited. TouchTunes may require specific disclaimers/disclosures depending on the advertised service, product, or promotion.

 

Dramatizations/Re-Enactments

Ads featuring dramatizations or reenactments of actual events must include a disclosure stating that the event is a dramatization or a reenactment.

 

Emergency Advisories

The use of false or deceptive Emergency Alert System and Wireless Emergency Alert System signals, tones, simulations or related sound effects that may confuse or alarm viewers/listeners (e.g., “We interrupt this program,” “Attention,” “This is a test”) is prohibited in all content, including programs, ads, paid programming, PSAs, promos, and interstitial material.

 

Endorsements/Testimonials

Any connection between an endorser and the advertiser that could affect the credibility of the endorsement must be fully disclosed in a disclaimer and must comply with both applicable laws, rules, and regulations, and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and similar, applicable laws, rules, and regulations in the United Kingdom and Canada. Advertisers must be able to provide a signed affidavit and release for the name, likeness, and testimonial of all endorsers featured in the ad. Endorsements and testimonials must be truthful and accurately reflect the opinions, findings, or experiences of the endorser. They may not contain representations that would be deceptive or could not be substantiated if made directly by the advertiser.

 

Environmental Claims

Any express or implied claims about a product, package, or service’s environmental attributes must have a reasonable basis and must comply with both applicable laws, rules, and regulations, and the FTC’s Guides for the Use of Environmental Marketing Claims and similar, applicable laws, rules, and regulations in the United Kingdom and Canada.

 

News Techniques

Ads must not use language, audio or visuals, or formats that mimic news content or settings in a way that could mislead viewers. TouchTunes may, at its sole discretion, prohibit other similar techniques.

 

Piracy / Infringing Activities

TouchTunes respects intellectual property rights and does not knowingly accept ads for products, services, or mechanisms that infringe or facilitate infringement. Prohibited activities include unauthorized selling or offering of content on unauthorized platforms, circumvention of copyright or trademarks, and illegal peer-to-peer sharing. Advertisers are fully responsible for any claims based on intellectual property infringement or misuse.

 

Programmatic Advertising

Programmatic advertising may not be reviewed by TouchTunes in advance but must still comply with these Guidelines.

 

Public/Governmental Symbols

Advertising must not disrespect flags, national emblems, anthems, monuments, or similar symbols. Direct or implied use of a governmental office or figure without official approval is prohibited. Military or law enforcement uniforms and vehicles require prior approval from the relevant agencies.

 

Safety

Advertisers must comply with safety procedures under applicable laws, rules, regulations, and industry policies and practices, in each case as may be deemed prudent by TouchTunes (e.g., seatbelt use, bicycle helmets). Advertising that disregards safety precautions is prohibited. Unqualified safety claims (e.g., “safe,” “harmless”) are prohibited. If a product’s packaging, label, or insert includes a caution or presents a potential hazard in normal use, it cannot be marketed as inherently safe.

 

Care must be taken to ensure children are not inadvertently encouraged to engage in dangerous activities. Children may not be shown using or near a product or situation recognized as potentially dangerous to them, except under proper adult supervision.

 

Sponsor ID / Commercial Mentions

Sponsorship identifications must comply with the Communications Act, FCC rules and regulations, and any other applicable laws, rules, and regulations in the United States as well as similar, applicable laws, rules, and regulations in the United Kingdom and Canada. The sponsor(s) must be appropriately identified in all cases. All ad content, including commercial ads and public service announcements, must clearly identify the party responsible for the message and the party paying for the ad. The advertiser named in the ad must match the client listed on the business account, unless the account is managed by an authorized agency or distributor placing ads on behalf of multiple clients. In those cases, the agency or distributor must provide a valid Letter of Authorization or Agency of Record (AOR) confirming their authority to represent the advertiser featured in the ad.

 

Subliminal Messages

Use of subliminal perception techniques is prohibited, including any audio or video method that transmits information below the threshold of normal awareness (e.g., subliminal images or sounds).

 

Targeted Advertising

Advertisers are responsible for ensuring that all targeted advertising complies with applicable laws, rules, and regulations, including without limitation ensuring that consumers in the targeted segments have been properly notified that their data may be used for such purposes and have been provided with a clear and conspicuous opportunity to opt out.

 

900 Telephone Number Services

900 Services (Entertainment): Ads with 900 numbers may be accepted provided they include:

  • The cost of the initial call and charges for each minute thereafter;
  • Information regarding the cost for party lines, conference calls, or any other pay-per-call services to which the caller may be transferred; and
  • A statement indicating the service is available only to individuals 18 years of age or older.

 

Texting Services

Mobile texting ads may be accepted if they comply with all applicable laws, rules, and regulations and, if applicable, clearly disclose that message and data rates may apply.

 

Third-Party Rights

TouchTunes strictly prohibits advertising that includes any intellectual property without the owner’s explicit consent, including without limitation music rights and rights of publicity. TouchTunes will reject any advertising that could reasonably give rise to claims of infringement, misappropriation, or unfair competition. By submitting advertising materials, the advertiser represents and warrants that all elements have been lawfully cleared. TouchTunes reserves the right to demand proof of clearance at any time, and failure to provide sufficient documentation may result in rejection or removal of the ad.

 

Use of TouchTunes Intellectual Property

TouchTunes strictly prohibits any use or implication of an association with its intellectual property (e.g., logos, trademarks, tradenames, programming, talent) without explicit approval. Any granted use is subject to TouchTunes’s conditions and may be revoked at any time.

 

Reservation of Rights

TouchTunes retains full authority over all aspects of its business and operations including without limitation clearance, scheduling, programming, distribution, and insertion of advertising. TouchTunes may, at any time and in its sole discretion:

  • Review, accept, reject, or revoke approval for any advertising at any time, regardless of prior clearance.
  • Conduct background and financial inquiries on advertisers.
  • Verify the accuracy of all statements and claims in advertising.
  • Request any additional documentation deemed necessary to substantiate claims, beyond what is required under these Guidelines.
  • Require modifications, additions, or eliminations of advertising content.
  • Control the scheduling, format, quantity, and duration of ad breaks during and adjacent to programming distributed by TouchTunes.
  • Determine ad placement and frequency.
  • Curate which promotions and announcements appear within each advertising break.
  • Take any other action in its sole discretion.

 

 

ADVERTISING CATEGORIES

 

All advertising must comply with applicable laws, rules, and regulations as well as the additional category specific standards outlined below.  The listed category specific standards below are not intended to be comprehensive and advertisers and their agents are responsible for ensuring adherence to all category- specific advertising standards, laws, rules and regulations.

 

Adult Products

Sexually explicit advertising is prohibited. However, tasteful and sensitive ads for beneficial, non-explicit intimate, personal care, contraceptive, and fertility products or services will be considered on a case-by-case basis, subject to scheduling restrictions. See Community Sensibilities section above.

 

Advocacy

Advertising designed to express views or influence legislation on widely controversial issues (as determined by TouchTunes) may be accepted by TouchTunes in its sole discretion.

 

Alcoholic Beverages

Advertising for alcohol products and services must adhere to generally accepted standards of good taste and the DISCUS guidelines, subject to scheduling restrictions. Use of celebrities in such advertising will be considered on a case-by-case basis.

 

The following disclosures are required:

  • The corporate name, city, and state address of the beverage brewer, producer, packer, wholesaler, or importer responsible for the advertising
  • The corporate name of the distiller/distributor when it forms part of the brand name or is required by applicable laws, rules, or regulations
  • A “drink responsibly” or similar message in audio and/or video
  • Such advertising must not:
    • Target, portray, or encourage alcohol consumption by individuals under the legal age
    • Equate alcoholic products with a “mark of adulthood” or “rite of passage”
    • Portray alcohol as needed for social status, success, sexual appeal, athletic performance, stress relief, or as the sole purpose of an activity
    • Use terms such as “extra strength” in association with alcohol products
    • Promote alcoholic products by highlighting their intoxicating effects
    • Associate alcohol consumption with activities requiring alertness, dexterity, sound judgment, or safe operation of machinery
    • Depict excessive consumption, drunkenness, or loss of control/inhibitions as positive or humorous
    • Degrade the image, form, or status of any group (e.g., women, men, ethnic groups) through the use of alcohol
    • Employ lewd or indecent images, language, or religious themes
    • Gratuitously use alcoholic beverages as props in advertising for non-alcoholic beverages

 

Specific Advertising Categories and Conditions:

  • Beer, Malt Beverages, Champagne, and Wine

Advertising for products with an alcohol content of to 24% alcohol will generally be accepted.

Malt beverage advertising must include a disclosure that the product is a malt beverage.

Non-Alcoholic Products Used with Distilled Spirits

Advertising for non-alcoholic products intended for use with distilled spirits is accepted, provided that the ad does not explicitly or implicitly reference distilled spirits or cocktails commonly associated with them (e.g., “Screwdriver,” “Bloody Mary,” “Martini”).

  • Retail Store Liquor Ads

Advertising for liquor stores featuring beer, wine, or champagne products is accepted, provided the advertised products do not exceed 24% alcohol content. Ads promoting products above this threshold will be subject to the restrictions outlined in the Hard Liquor sub-section below.

  • Restaurants and Other Service-Based Businesses

Restaurants, airlines, and other businesses where alcohol is not the primary product or service may incidentally and casually mention or display the availability of “cocktails” in their advertising.

  • Hard Liquor

Advertising for hard liquor is accepted, provided it complies with DISCUS guidelines, including meeting the audience composition requirement (i.e., at least 73.8% of the audience is reasonably expected to be 21 years of age or older).

  • Rehabilitation Clinics

Advertising for treatments and/or clinics intended for the treatment and relief of alcohol abuse may be accepted.

  • “Hangover” Products

Advertising for “hangover” products is accepted, provided that all claims are substantiated. Such ads will only be placed in programs where at least 73.8% of the audience is reasonably expected to be 21 years of age or older.

 

Animals

Advertising that depicts inhumane treatment of animals is prohibited. If animals are featured in an ad, a letter from the Humane Society or a certified trainer confirming compliance with humane treatment standards may be required.

 

Automobile Dealers

Advertising for automobiles must include the make, model, and year of the vehicle and must indicate whether the vehicle is used. If the ad features vehicles with optional features not included in the stated price, an appropriate disclosure is required. Any material related to leasing or financing terms must comply with the Financial Advertising section below.

 

Automobile Financing

Advertising for automobile financing must disclose applicable financing terms, conditions, and charges and comply with all requirements of the Truth-In-Lending Act (Regulation Z).

 

Stocks/Bonds

Advertising for the purchase of specific stocks or bonds that include quotes or prices is prohibited.

See Investment Services below.

 

Bait and Switch Techniques

Advertising using “bait and switch” techniques (e.g., featuring unavailable goods to mislead consumers into purchasing alternatives) is prohibited.

 

Cannabis/Cannabidiol (“CBD”)

Advertising for cannabis, CBD, and related products (e.g., ingestibles, gummies) and services (e.g., dispensaries, medical clinics) will be considered on a case-by-case basis, subject to scheduling and geotargeting restrictions. The advertised product or service must be legal in the territory where the ad is to be distributed. The advertiser must certify that all necessary licenses have been obtained and that all applicable laws, rules, and regulations, including those set by the FDA, the United States Department of Agriculture (USDA), and similar authorities in the United Kingdom and Canada, have been met.

 

Advertising for hemp-based topical products (e.g., hemp-based CBD oil) containing 0.3% THC or less on a dry weight basis is generally accepted.

TouchTunes may require the advertiser to provide a list of all other media outlets where submitted advertising is currently being distributed.

 

The following disclosures are required:

  • “Claims in this ad have not been evaluated by the Food and Drug Administration”
  • “The product/service is not intended to diagnose, treat, cure or prevent any disease”
  • “Results may vary. Consult with your doctor or healthcare provider before use”

Advertising must not:

  • Make treatment, medical, or health claims, false or misleading claims, or imply an association with adult or unlawful products
  • Depict or link to URLs, websites, or applications that:
  • Are not age-gated
  • Sell products or services that are illegal in the jurisdiction where the ad is distributed
  • Include treatment, medical, or health claims
  • Target, portray, or encourage consumption by individuals under the legal age
  • Fail to geotarget advertising exclusively to territories where both the ad and the advertised product or service are legal
  • Use creative elements, personalities, or imagery that appeal to minors, or feature minors or any at-risk group in advertising
  • Show, promote, or depict product consumption, or portray individuals appearing to be under the influence
  • Depict, promote, or encourage the transport of products across state lines
  • Promote a service or product that is legal in one territory to audiences in a territory where it is not legal (e.g., a Florida clinic connecting physicians for the prescription of medical marijuana to New Jersey residents)

 

Charitable Appeals

Advertising for charitable appeals and fundraising is reviewed case-by-case and requires clear sponsorship identification where applicable.

 

Credit Cards

Advertising for credit cards must not:

  • Misrepresent a product as a credit card if it is not
  • Guarantee loan or credit card approval while requiring upfront fees

 

Credit Repair or Debt Consolidation Services

Advertising for credit repair or debt consolidation services will be considered on a case-by-case basis. TouchTunes may require the advertiser to provide proof that it is licensed to operate in the state(s) in which the advertising is to be distributed. The advertising must include all applicable terms related to the offered product or service (e.g., interest rates, fees).

Advertising must not:

  • Offer to repair consumers’ credit but charge upfront fees for such services;
  • Recommend consumers not to contact credit reporting bureaus; or
  • Make misleading promises, (e.g., “We can erase your bad credit – 100% guaranteed, create a new credit identity – legally” or “We can remove bankruptcies, judgments, liens, and bad loans from your credit file forever”).

 

Direct Response

Direct response advertising must:

  • Include the full name, street address, city, state, and zip code of the sponsor and/or the order address. If a web address is provided, an alternate mailing address or toll-free number must also be included;
  • Clearly disclose the price of the product, along with any additional charges beyond the advertised price (e.g., postage, shipping, and handling);
  • Indicate the actual anticipated time for delivery if it will exceed thirty (30) days from order date; and
  • Provide customers with a refund for returned items, either through disclosure in the ad or via written submission to TouchTunes.

 

Financial Advertising

Advertising for financial products and services (e.g., cryptocurrencies, blockchain, and other speculative financial products) must comply with all applicable securities laws, including without limitation those of the Financial Industry Regulatory Authority (FINRA), the Municipal Securities Rulemaking Board (MSRB), and the Securities and Exchange Commission (“SEC”).

 

Financing advertising must:

  • Clearly and accurately describe the product and/or service; and
  • Present the following information visually or orally:
  • Name and type of product or service (e.g., credit card, debit card, loan, consumer lease);
  • Relevant restrictions and qualifications (e.g., ATM withdrawal fees); and
  • Disclaimer: “Other charges will apply. Consult the terms and conditions of use agreement.”

 

Firearms / Weapons

We do not accept advertising for firearms, ammunition, or other dangerous weapons or devices.

 

Fireworks

Advertising for fireworks will be accepted only in states where such advertising is legal. Ads must not depict children without adult supervision and must include the disclaimer: “For use only where permitted by law.”

 

Food and Nutrition

All food advertising must comply with all food labeling laws, rules, and regulations, including without limitation those issued by the FDA, the USDA, and the Nutrition Labeling and Education Act of 1990 (“NLEA”), and similar authorities in the United Kingdom and Canada. Additionally, advertising must meet the following standards:

  • Nutrient descriptions (e.g., “low fat,” “good source”) must comply with their applicable NLEA definitions.
  • Health claims must emphasize the importance of a balanced diet and be scientifically substantiated.
  • Advertising for meal substitutes will be considered on a case-by-case basis.
  • Overly broad or exaggerated health or nutritional benefit claims are prohibited.
  • Advertising must not overstate the nutritional value of food or claim that ingredients enhance mental or physical abilities (e.g., energy drinks, energy boosters, or mood/intellectual enhancers), unless scientifically substantiated.

 

Advertising for food products must:

  • Promote generally accepted nutritional standards in all food advertising
  • Advertising for breakfast-type products must include at least one audio and/or video depiction of a well-balanced meal

 

Advertising for food products must not:

  • Encourage unhealthy eating habits or misrepresent nutritional value
  • Depict excessive food or beverage consumption or promote eating habits that contradict generally accepted nutritional standards
  • Associate food or beverages with emotional well-being (e.g., suggest stress relief, provide comfort, or contribute to happiness)
  • Promote unrealistic body image expectations or imply appearance determines social status, success, or self-worth

 

Gambling

Advertising for gambling activities is generally prohibited, including without limitation advertising for gambling-related publications, “tip sheets,” or services designed to promote gambling or improve odds. TouchTunes may, however, consider exceptions in the following categories, subject in all cases to the advertiser’s compliance with all applicable laws, rules, and regulations, additional terms and conditions, and the prior written approval of the TouchTunes General Counsel or their designee:

 

  • Hotels and Resorts with Casinos: Advertising for hotels and resorts with casinos may be accepted provided that:
  • The advertiser provides a copy of its valid and active casino license to TouchTunes
  • The ad does not depict or promote gambling activities (e.g., individuals actively gambling)
  • “Casino” is used only if it is part of the legal business name (e.g., ABC Resort Hotel and Casino)

 

  • Lawful Gambling: Advertising for legal gambling activities (e.g., horse racing tracks) may be accepted provided that the advertising:
  • Is not instructional (e.g., does not explain how to play or bet)
  • Does not encourage betting or provide information on bookmaking, odds, or changes in odds
  • Includes the disclaimer: “Void where prohibited” and a responsible gaming message (e.g., “Play Responsibly” or gambling addiction help resource (e.g., “1-800-GAMBLER”)
  • Does not depict fictitious winners or winnings or misrepresent actual winners or winnings

 

  • State Lotteries: Advertising for official state lotteries may be accepted provided that the lottery is conducted within the state where the advertising is distributed, by a system licensed to a location in such state, and in compliance with all applicable laws, rules, and regulations. Advertising for any state lotteries out of the state’s location or community’s license will be considered on a case-by-case basis.

 

  • Native American Gaming: Advertisers seeking to place Native American Gaming ads on the TouchTunes Network must demonstrate to TouchTunes’s satisfaction whether the games fall under Class I (ceremonial/celebratory), Class II (bingo/lotto), or Class III (casino gambling/sports betting).
  • For Class II (bingo/lotto), advertisers must demonstrate that such games:
  • Will be held on tribal land
  • Will be operated by the tribe
  • Are permitted in the state where the activities take place, as well as in any state where the local system is located or licensed
  • For Class III (casino gambling/sports betting), advertisers must demonstrate that such games:
  • Will be held on tribal land
  • Will be operated by the tribe
  • Are permitted by a tribal-state compact entered between the Native American Tribe (that owns/operates the casino) and the state where the gaming occurs, with approval from the National Indian Gaming Commission

If a local system is in a different state from where the gaming occurs, the system must also demonstrate that advertising the gaming is legal in both the system’s community of license and the state where the system is located (if different).

 

  • Private Casino Gambling: Advertisers seeking to place advertising on any local systems for private, commercial casino gaming must demonstrate the following to TouchTunes’s satisfaction:
  • Casino gambling is legal in the state in which the casino is located
  • Casino gambling is legal in both the local system’s community of license and the state where the system is located (if different), or the laws of these states do not prohibit casino gambling advertising

 

  • Lotteries or Games of Chance: Advertising for lotteries or games of chance that involve the three elements of prize, chance, and consideration are generally prohibited, unless they involve the following limited activities:
  • Bingo and similar games conducted on and operated by a Native American reservation licensed to operate such games
  • Lotteries operated by a governmental agency
  • Legal casino gambling in states where such gambling is conducted in conformity with local laws
  • Games of chance where participants have the option to participate and equal chance to win for no consideration

For any advertising that may be accepted under this category, the advertising must not:

  • Mislead or exaggerate the chances of winning money or prizes
  • Directly or indirectly praise any person who engages in any form of gambling
  • Portray fictitious winners or prizes
  • Otherwise falsely represent winners or prizes

 

  • Sports Betting/Sports Books/Fantasy Sports/Daily Fantasy/Gambling Websites: TouchTunes will not accept gambling advertising for distribution in territories where such gambling is illegal. Such advertising must adhere to the following standards:
  • The advertiser must sign an agreement indemnifying TouchTunes against any losses resulting from acceptance of the advertising.
  • The ad must include material terms and conditions of play and a prominently displayed disclosure indicating where the detailed terms and conditions can be found (e.g., a link to the advertiser’s website).
  • Ads that include testimonials from “real players” require signed affidavits from the advertiser testifying to the veracity of claims.
  • Ads featuring dramatizations, reenactments, or actors must disclose that they are not real or an exact depiction of actual events.

In addition, gambling advertising must prominently include:

  • State(s) where advertised service is legal (e.g., “Only for players in New Jersey” and “Void where prohibited by law”)
  • Legal age to play
  • If testimonials from winners are included, a disclaimer such as “Results not typical”
  • A responsible message such as “Play Responsibly” or a resource for gambling addiction help (e.g., “1-800-GAMBLER”)
  • Any other disclosures necessary to satisfy all applicable laws, rules, and regulations

Advertising for fantasy sports games will be considered on a case-by-case basis. The ads must identify states that prohibit paid entry and include necessary legal disclosures. The advertiser must have controls in place to prevent participation within restricted states. They must not overly emphasize money winnings or misrepresent odds of winning.

 

  • Online Gambling: Advertising for online gambling will be considered on a case-by-case basis. The advertiser must provide a copy of the advertiser’s license evidencing that the advertiser has been authorized by the applicable authorities to conduct online gambling.

 

  • Offshore Gambling: Advertising for offshore gambling is prohibited for advertisers not licensed in any U.S. state (e.g., cruise ships, offshore mobile apps, and offshore websites).

 

  • Other Gambling-Related Services or Platforms: Advertising for services or platforms that provide gaming practice or instructions only for educational purposes (e.g., poker schools) or are not explicitly addressed above, may be accepted on a case-by-case basis.

 

Get-Rich Quick Schemes

Advertising for get-rich quick schemes that include misleading claims (e.g., promising employment or earnings) is prohibited.

 

Guarantees / Warranties

Advertising that offers a “guarantee” or “warranty” (or similar terms) must clearly and accurately disclose the material terms and conditions. It must also include audio and/or video disclosure indicating where consumers can access the complete written guarantee or warranty. Additionally, any lifetime guaranty or warranty must define the meaning of the term “lifetime.”

 

Health Related Products and Services

Advertising for health-related products and services, including traditional, over-the-counter, and emerging medical treatments, is subject to strict scrutiny. Ads must not make or imply unfounded, extraordinary, or “miraculous” results, and all express or implied health claims must be substantiated by competent and reliable scientific evidence, such as clinical trials or consumer testing. Advertising must not suggest that any product or service is a substitute for regular medical care and must include appropriate disclaimers. All implied and express health claims must be evidenced by clinical studies and consumer testing. Advertising must not imply that a product replaces regular doctor visits and must include adequate disclaimers. To support any express or implied “doctor recommended,” “veterinarian recommended,” or similar claims, a nationally representative survey of at least 250 doctors in the relevant specialty must show at least 20% recommend the product.

 

Children 13 years or younger must not be included in adult-targeted advertising, except for incidental background appearances or in medication ads specifically for children. Scheduling restrictions may apply to health-related product advertising.

 

Ads featuring healthcare professionals must include proper disclosures (e.g., “Dr. John Doe is a licensed professional in Argentina”). Actors portraying healthcare professionals must provide affidavits and applicable disclaimers (e.g., “paid actor,” “dramatization,” “reenactment”).

 

  • Dietary Supplements: Advertising for dietary supplements must comply with the Dietary Supplement Health and Education Act of 1994 (DSHEA) and similar, applicable laws, rules, and regulations in the United Kingdom and Canada. Disclaimers such as “This product has not been evaluated by the FDA and is not intended to prevent, treat, cure, or diagnose any disease” may be required. Disease treatment claims are prohibited, except for statements approved by the FDA or similar authorities in the United Kingdom or Canada. Claims must be supported by competent and reliable scientific evidence. Product labels must be submitted for compliance review.

 

  • Over the Counter Products: Advertising for Over the Counter (“OTC”) drugs and devices must be factual and include appropriate disclosures. The phrase “Use only as directed”must appear visually. Claims must be limited to indications approved by the FDA, or similar authorities in the United Kingdom or Canada, and must not suggest treatment for severe conditions. Product endorsements or testimonials from medical professionals are discouraged. Efficacy claims based solely on labeling and/or dosing must be disclosed as such. Actors must not portray medical professionals.

 

  • Prescription Drugs: Consumer-directed prescription advertising must comply with the provisions of the Food, Drug, and Cosmetic Act and FDA regulations, as well as similar, applicable laws, rules, and regulations in the United Kingdom and Canada. Ads must clearly state that the product is available by prescription only and advise consumers to consult a healthcare professional. Advertisers must provide clearance letters from the FDA, or similar authorities in the United Kingdom or Canada, and substantiation for any claims not covered by labeling.

 

  • Medical Devices and Therapy Services: Advertising for medical devices/services offered by a state-licensed physician, therapist, or counselor is accepted. The advertiser may be required to provide Premarket Notification/FDA 510(k) confirmation, or similar confirmation from the authorities in the United Kingdom and Canada.

 

  • White-Coat Rule: Provided sufficient documentation supports any implied professional endorsement, healthcare professionals or actors portraying them may appear in prescription drug ads and ads for medical equipment or services accessed via a physician’s prescription and OTC drug ads and ads involving health considerations.

 

  • New and Emerging Treatments: Advertising for new or emerging medical treatments—including without limitation to gene therapies, regenerative medicine, stem cell treatments, experimental procedures, or digital therapeutics—will be evaluated on a case-by-case basis. These ads must comply with all applicable FDA or FTC regulations, and similar, applicable laws, rules, and regulations in the United Kingdom and Canada, and may require additional substantiation, documentation, or disclaimers to ensure that claims are not misleading. Claims about efficacy, safety, or regulatory status must be clear, factual, and appropriately qualified to avoid misrepresenting investigational or therapies not approved by the FDA or similar authorities in the United Kingdom or Canada.

 

Hypnotism Services

Advertising for clinical hypnotism services will be considered on a case-by-case basis. Ads for such services must not depict hypnotic techniques that viewers could easily imitate.

 

Illegal Drugs

Advertising for products or services related to or associated with illegal drugs is prohibited. However, advertising for clinics offering drug abuse treatment and relief, as well as government advisories or PSAs on illegal drugs (e.g., about legal consumption) will be considered on a case-by-case basis.

 

Investment Services

Advertising for securities broker-dealers, financial planners, and real estate companies must be generic and must not promote specific investment vehicles, companies, or properties. Predictions about future investment results are prohibited. Past investment performance must include a disclaimer stating that it does not guarantee future results. Online investment services must disclose material restrictions, such as potential delays in order execution due to market conditions. Real estate advertising must comply with all legal disclosure requirements and must not encourage investment in specific properties or vehicles. Advertising for speculative financial products (e.g., cryptocurrency exchanges, soft/hardware wallets) will be considered on a case-by-case basis.

 

Mail Order / Telephone Order

Advertising for products ordered by mail, telephone, or on the internet must disclose all additional charges beyond the purchase price (e.g., postage, handling fees). If a continuity or negative option plan is involved, all material terms and conditions must be clearly stated.

 

Motion Picture and Home Entertainment Advertising

Advertising for domestic theatrical movies and home entertainment must include the MPAA rating and is subject to audience composition and program compatibility review before scheduling. Advertisers must ensure that movie ads align with appropriate audiences and meets the following standards:

  • Advertising for “adult films,” “X” or “NC-17” rated movies is prohibited.
  • Advertising for “PG-13” or “R” rated movies will not be placed during or adjacent to children’s programming.
  • Advertising for unrated films will be considered on a case-by-case basis and must include a disclaimer stating the film is not yet rated.

 

Personal Products Advertising

Advertising for personal products/services (e.g., condoms, erectile dysfunction treatments, birth control devices or methods, or remedies for sexually transmitted diseases) must be presented in good taste and include appropriate disclaimers (e.g., “Use only as directed,” “Follow label directions”). Ads may be subject to audience composition and scheduling restrictions.

 

Political Advertising

Advertising for candidates for any office is not permitted.

 

Premiums/Offers

Advertising that includes premiums or offers not part of a contest or promotion may require the advertiser to provide a sample of the premium or offer. Any advertising that misrepresents the value of the premium or offer or poses consumer risks is prohibited.

 

Advertising must:

  • Clearly disclose complete details of the premium or offer
  • Present information clearly and unambiguously
  • Disclose in the audio portion of the ad essential information (e.g., price, purchase requirements, offer dates, expiration)
  • Display a minimum two-second still visual of the premium or offer in TV spots
  • Simultaneously disclose in audio and visual any conditions attached to “free” offers

 

Professional Services

Advertising for professional services (e.g., legal, accounting, medical) is accepted in a generic form, provided that it complies with all applicable laws, rules, and regulations, and the ethical standards of the relevant profession and jurisdiction. It must not exploit fears, insecurities, or create false or unrealistic expectations.  Advertising notifying class members of a court decision or settlement will be considered on a case-by-case basis and must include proper sponsor identification. All content must be factual, professional, and presented in a dignified manner. Advertising that provides professional advice or depicts professional procedures is prohibited.

 

Psychic Entertainment Services

Advertising for astrology, character reading, mind reading, numerology, palm reading, or similar subjects will be considered on a case-by-case basis and must include a disclaimer stating that the service is for entertainment purposes only and available only to individuals 18 years of age or older. Advertising that promises specific results or includes black/white magic or witchcraft is prohibited.

 

Religious Products/Services Advertising

Religious advertising is not permitted.

 

Social/Dating/Chat Services

Advertising for national dating and chat services will be considered on a case-by-case basis and may be subject to scheduling or channel restrictions. All ads must disclose material terms and age requirements (e.g., “For entertainment purposes only” and “Must be 18 years or older”).

 

Telehealth Platforms

Advertising for telehealth platforms (i.e., telecommunications services providing clinical healthcare via technology) will be considered for legally operating businesses with their principal place of business (address and phone number) in the United States and that comply with applicable laws, rules and regulations, including without limitation those of the FDA, FTC, and FCC, and similar, applicable laws, rules, and regulations in the United Kingdom and Canada. Advertising must not encourage self-diagnosis or mislead consumers into self-treatment.

 

Advertising must:                                                                     

  • Clear disclose service availability, limitations, exclusions, and restrictions;
  • Be supported by factual information and adequate disclosures;
  • Indicate that a doctor consultation is required for service access; and
  • Disclose all applicable risks and information in relation to specific drug claims.

 

A letter from the advertiser’s legal counsel may be required certifying that the telehealth platform:

  • Complies with all applicable laws, rules, and regulations, including without limitation those of the FDA, all state pharmacy laws and regulations, and similar, applicable laws, rules, and regulations in the United Kingdom and Canada;
  • Has a licensed pharmacist reasonably accessible during regular business hours to address consumer inquiries;
  • Sells or enables prescription drugs approved by the FDA and similar authorities in the United Kingdom and Canada;
  • Dispenses medications via online questionnaires only where legally permitted;
  • Operates pharmacy shipping services in states where the pharmacy is duly licensed;
  • Provides consumers with access to prescribing information approved by the FDA and similar authorities in the United Kingdom and Canada; and
  • Requires a valid prescription from an authorized doctor or other licensed health care professional.

 

Tobacco Products (Including Electronic Cigarettes)

Advertising for tobacco products, including without limitation cigarettes, chewing tobacco, snuff tobacco, cigars, cigar products, and electronic nicotine delivery systems (“ENDS”), will be considered on a case-by-case basis provided the advertiser represents and warrants in writing that the ad and its distribution comply in all respects with applicable laws, rules, and regulations. ENDS include any noncombustible product designed for aerosol inhalation through the heating of an “e-liquid,” which may contain nicotine (e.g., e-cigarettes, e-cigs, e-pipes, vaporizers). Such advertising may be subject to scheduling and/or geotargeting restrictions.

 

Advertising must not:

  • Target children in any way;
  • Use terms such as “light,” “mild” and “low-tar;”
  • Claim or imply any health benefits (e.g., claiming an ENDS is a healthier alternative to tobacco or aiding smoking cessation);
  • Promote ENDS use in combination with any product that meets the definition of “drug” or “device” under the FDA and similar authorities in the United Kingdom and Canada; or
  • Imply ENDS can be used to consume marijuana or CBD-derived products.

 

The following disclosures are required:

  • “Must be 21 or older. Not for sale to minors.”
  • Health warnings for nicotine-containing products:
    • “WARNING: This product contains nicotine. Nicotine is an addictive chemical.”
    • “No tobacco product has been shown to be safe.”
    • “Not a smoking cessation product.”

 

Advertising for clinics intended for the treatment and aid of smoking cessation will be considered on a case-by-case basis. Fleeting depictions of tobacco use in advertising for smoking cessation products, services, or advertising to discourage or prevent smoking, as approved by the FDA or similar authorities in the United Kingdom and Canada, may be accepted.

 

Toys

Advertising for toys must:

  • Clearly depict the product in the body of the advertising
  • Appropriately inform viewers if additional items (e.g., batteries) are needed to make the product functional
  • Present the product by still video during the last four seconds of the advertising
  • Where applicable or when deemed prudent, portray generally recognized safety standards

Advertising for toys must not:

  • Distort, misrepresent, or glamorize the product
  • Reference optional extras that are not included with the toy
  • Contain costumes or other props that do not accompany the toy, or that are not readily available to children without additional cost

 

Vacation Clubs/Timeshares

Advertising for vacation clubs and timeshare must not:

  • Mislead consumers into believing they are entering a contest or sweepstakes
  • Use live copy or host endorsements (e.g., DJs, TV talk show hosts) as a substitute for standard advertising
  • Create the false impression that the ad is a live segment that could mislead typical viewers

Additionally, such advertising must include appropriate disclosures (e.g., “This material is used for the purpose of applying for the sale of holiday properties,” “Airfare not included,” “Hotel is not included,” “Certain charges and restrictions apply”).

 

Video Games

Advertising for video games must comply with the ESRB Marketing Guidelines and the standards set forth below. A variety of factors will be considered when approving and scheduling video game advertising, including violent content, dangerous or antisocial behavior, sexual themes, and taste concerns.

  • Content Restrictions
    • Advertising must accurately represent the actual content of the game and not mislead consumers about gameplay, features, or tone.
    • Depictions of extreme violence, sexual themes, and profanity are prohibited.
    • Glamorizing or exploiting the ESRB rating is prohibited (e.g., emphasizing a game’s mature rating as a selling point).
    • While ad content and its accuracy are primary considerations, the nature of the game itself will also be evaluated when determining approval.
  • ESRB Rating Disclosure
  • All video game advertising must include the ESRB rating in both video and audio.
  • The rating must be prominently displayed and legible to ensure transparency.
  • Video console advertising featuring game footage or promotes a specific video game must display the ESRB rating of the game.
  • Mature (M) and Adults Only (AO) Rated Games
  • Advertising for Mature (M) rated video games must not be placed in programs, sites, or media where 35% or more of the audience is under the age of 17.
  • Advertising for Adults Only (AO) rated video games must not be placed in programs, sites, or media where 35% or more of the audience is under the age of 18.
  • May only be placed between 10 PM and 6 AM (local time zone), regardless of audience composition, under the ESRB safe harbor exception.

 

Weight Loss

Advertising for weight loss products may be accepted, subject to the standards set forth below.

 

  • Claim Review and Compliance
    • Weight loss claims will be reviewed per the FTC’s Gut Check: Reference Guide for Media on Spotting False Weight Loss Claims and similar, applicable laws, rules, and regulations in the United Kingdom and Canada.
    • The following claims are prohibited:
  • Weight loss of two pounds or more per week for a month or more without diet or exercise.
  • Substantial weight loss regardless of diet or food intake.
  • Permanent weight loss even after discontinuing product use.
  • Blocking fat or calorie absorption to induce substantial weight loss.
  • Safe weight loss exceeding three pounds per week for more than four weeks.
  • Substantial weight loss for all users.
  • Weight loss achieved by wearing a device or applying a topical product.

 

  • Substantiation and Testimonials
  • Weight loss claims must be evidenced with adequate substantiation and factual representation.
  • Testimonials must be verified through a testimonial affidavit from each featured consumer (including celebrities). If a specific amount of weight loss is mentioned, the affidavit must include the amount of weight loss and the length of time it took to achieve the loss.
  • “Before and after” representations must be accompanied by affidavits.
  • Audience/Content Restrictions
  • Weight loss or weight control advertising must not be directed to children.
  • Specific weight loss claims must comply with the following:
  • Advertised weight loss must not exceed two pounds a week for a month or more without diet and exercise, or three pounds per week for more than four weeks.
  • Mentions of specific weight loss must disclose the amount of time it took to lose the weight (e.g., “I lost four pounds in two weeks”).
  • If a featured consumer lost weight faster than average, typical results must be disclosed (e.g., “Typical consumers lose one to two pounds per week on average”).
  • Typical results must also be disclosed when referencing weight loss rates (e.g., “Lose weight quickly”).
  • Studies must show compelling evidence that the product, as part of a diet and exercise program, led to greater weight loss than diet and exercise alone. Study participants must be representative of the targeted audience.
  • TouchTunes may require additional on-screen disclaimers (e.g., “Consult your doctor,” “Part of a balanced diet and exercise program.”)
  • Claims creating consumer expectations must clearly communicate or provide adequate disclosure.

See Health Related Claims section above.