INFLUENCER & AFFILIATE (“CREATOR”) GUIDELINES

The Federal Trade Commission (the“FTC”) Guides Concerning the Use of Endorsement and Testimonials in Advertising(the “FTC Guides”) require that a Creator must clearly and conspicuously disclose their relationship with a brand/product and any payment or incentives by any advertiser, media company, or another party, including but not limited to monetary benefits, free or discounted products or services, and/or early access to products or services (the “Incentivized Relationship”). The Creator must disclose the incentivized Relationship in understandable language in all content communications, including videos and social media posts.

Failure to make disclosures may result in liability to Vivid Picks, LLC (“Vivid Picks”) and the Creator. There must be a disclosure statement in all content and in each post where there is an Incentivized Relationship between the Creator and Vivid Picks.

Listed below are guidelines regarding content, communications, and other general guidance on how disclosures should be made.

General Guidelines for all Social Media Posts

1. Prohibited Language:
   When discussing Vivid Picks, please refrain from using sports book phrases such as “bet”, “wager”, “handle”, “odds”, “over/under”, “gambling”, “sports book”, “sports betting”, “risk-free”, etc. Instead, please use phrases like “secured play”, “match-up”, “cash entry”, etc.
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2. Comparisons:
   When discussing Vivid Picks, please avoid mentioning competing or similar brands such as Draft Kings’ Pick6, Prize Picks, Underdog Fantasy, Sleeper Fantasy, Betr Picks, Parlay Play, Boom Fantasy.
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3. Third-Party Logos/Intellectual Property:
   There should be NO third-party logos/intellectual property visible in your content. This includes sports team merchandise (i.e., jerseys, hats, helmets, t-shirts, etc.), clothing, artwork, posters, figurines, pictures, decor, equipment etc. You may use team colors, as described below.
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4. Images/Videos of Athletes and Gameplay:
   There should be NO images or videos of any athletes or gameplay.
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5. Use of Athlete, Team, and League Names:
   Use of an athlete’s full name is fine in discussion/commentary. However, please refrain from using sports teams’ names. For example, instead of saying “the Chiefs” or “the Kansas City Chiefs”, please only say “Kansas City”. As well, please refrain from using sports league names. For example, instead of saying “NFL”, “MLB”, “NBA”, “WNBA”, or “NCAA”, instead say “football”, “baseball”, “basketball”, “women’s basketball” or “college basketball”.
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6. Team Colors:
   You may use team colors only (no logos/full names) in content assets. For example, when talking about the Chicago Bears, you can show a generic jersey or helmet image that uses blue and orange and/or include “Chicago” text on screen in blue and orange font. A comprehensive list of team color codes can be found here: https://teamcolorcodes.com/.
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7. Vivid Picks Approval:
   Vivid Picks must review and approve any and all social media posts and/or any other creative material before it is posted. Vivid Picks reserves the right to request that you modify and/or remove any social media posts it deems necessary.

Types of Content and FTC Required Disclosures

1. Static Images:
   Disclosures must be in the accompanying description above the fold in a static post if the image is posted by the Creator as part of an Incentivized Relationship. As mentioned in theCreator’s Agreement with Vivid Picks, required disclosures must not be placed after a URL, short link, or a string of hashtags. Solely tagging Vivid Picks is not sufficient to disclose a relationship with Vivid Picks. The hashtag “#VividPicksPartner”must also be included in each post.
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2. Written Text Posts:
   Verbal disclosures within the beginning of the video and disclosure of the Incentivized Relationship in the description of the video above the fold are required for all videos, on any social media channel. As mentioned in the Creator’s Agreement with Vivid Picks, required disclosures must not be placed after a URL, short link, or a string of hashtags. Disclosures solely in the description section of the video OR verbally made in the video are not sufficient. If the endorsement or mention of a sponsored product is in the middle of a longer video, the best place for the disclosure would be right before or at the beginning of the actual endorsement mention.
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3. Videos:
   Verbal disclosures within the beginning of the video and disclosure of the Incentivized Relationship in the description of the video above the fold are required for all videos, on any social media channel. As mentioned in the Creator’s Agreement with Vivid Picks, required disclosures must not be placed after a URL, short link, or a string of hashtags. Disclosures solely in the description section of the video OR verbally made in the video are not sufficient. If the endorsement or mention of a sponsored product is in the middle of a longer video, the best place for the disclosure would be right before or at the beginning of the actual endorsement mention.
   
   
4. Livestreams:
   Multiple, periodic disclosures throughout the stream shall be made by the Creator, such as verbally and in the description of the livestream, where people are more likely to see these disclosures no matter when they tune in. Since viewers can start watching a livestream at any time, they could easily miss disclosure made at the beginning of the stream or at any other single point in the stream.

Types of Disclosures

1. Verbal:
   Verbal disclosures of the Incentivized Relationship must be made at a cadence that is easy for consumers to follow, in words consumers will understand, and in the same language spoken in the video. For example, “I’ve partnered with Vivid Picks to help promote the Vivid Picks app”, “this video is sponsored by Vivid Picks”, or “I’m excited to partner with Vivid Picks to help promote the Vivid Picks app” is sufficient. A “thank you” to the company shouldNOT be used without also clearly disclosing the sponsorship/partnership, as this doesn’t necessarily communicate that the Creator got something for free or that they were given something in exchange for an endorsement.
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2. Description and Caption Text:
   Disclosure of an Incentivized Relationship must be easily noticed and understood by the consumer in a clear and prominent place within each post.The Creator must utilize “#ad” and “#VividPicksPartner” in the description section for each video, Instagram post, and X post. Do NOT place disclosures after a URL, short link, or a string of hashtags. Do NOT place disclosures below the fold. The disclosure must be visible without the consumer having to click to expand the video or image’s description. The disclosure must also not be made in the comments section of a post, as it is easily avoidable and thus not clear and conspicuous.
   
   Exception: X.
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   ‍Because posts have such a limited word count, Creators may post the Vivid Picks-specific disclosures on a pinned reply post.
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3. Paid Partnership Tool:
   A social media platform that has a built-in feature that allows Creators to disclose paid endorsements, such as a paid partnership tool, cannot be solely relied on. The Creator should add their own disclosure even if a platform offers its own disclosure tool. The ultimate responsibility to clearly and conspicuously disclose a material connection rests with the Creator – not the platform.  

Vivid Picks-Specific Disclosures

General Vivid Picks Disclaimer [LongForm]:

Must be 18+/19+ NE, US Residents Only. Not avail. in all states; void where prohibited. Must be physically located in AK, AR, CA, DC, FL, GA, KY, MN, NE, NM, NC, ND, OK, OR, RI, SC, SD, TX, UT, VT, or WI. For entertainment purposes only. Vivid Picks is a Daily Fantasy Sports operator. Available to play for free. If you or someone you know has a gaming problem, get help online at See www.icrg.org or www.ncpgambling.org or call 1-800-426-2537 or 1-800-522-4700. Eligibility restrictions apply. See vividpicks.com/rules for full deposit match and secured play terms.
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General Vivid Picks Disclaimer [ShortForm] (intended only for hero images / where space is limited):

Must be 18+/19+ NE, US Residents Only. Not avail. in all states; void where prohibited. Vivid Picks is a Daily Fantasy Sports operator. Available to play for free. See www.icrg.org for information on responsible gaming. Eligibility restrictions apply.  See vividpicks.com/rules for full terms and conditions. 
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General Vivid Picks Disclosure [Short Form](intended only for graphics and/or text of social posts where space is limited)

18+/19+NE, US res. only. Not avail. in all states. See www.icrg.org for responsible gaming info & vividpicks.com/rules for terms.
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Example of Vivid Picks disclosure (graphic to be provided by Vivid Picks):

Vivid Picks Restricted Audiences

The Creator must not post any content that specifically targets the following:

• Individuals below the Vivid Picks age requirements(18+/19+ NE)
• Students at a college or university; or
• Schools, colleges, or universities (including of-age individuals in a school, college, or university setting)

Information on where Vivid Picks currently operates, click here.

DISCLAIMER

These guidelines shall be used as a guide to help clarify disclosure obligations. These guidelines shall not be relied on as a complete statement of the FTC’s disclosure rules or legal advice. Vivid Picks makes no representations or warranties that the Creator’s compliance with these policies will prevent regulatory action by the FTC. In accordance with FTC rules, Vivid Picks will monitor the Creator’s activities regarding their compliance with FTC rules, the Creator’s Agreement with Vivid Picks, and these guidelines. Should the Creator fail to follow FTC rules, the Creator’s Agreement with Vivid Picks, and/or these guidelines, Vivid Picks may take corrective action, including but not limited to, withholding payment and/or termination the Creator’s relationship with Vivid Picks. As a resource, the FTC Guides can be found here and helpful FAQ’s on the FTC Guide scan be found here.