Last Updated: October 2018
The Gap, Inc. and its affiliated brands (Gap, Banana Republic, Old Navy, Athleta, Hill City, and Intermix) (“Gap Inc.,” “we,” or “us”) are committed to complying with laws and regulations related to advertising, endorsements, and testimonials. This Endorsement Policy (“Policy”) provides guidelines for anyone (customers, independent contractors, employees, etc.) speaking, writing, blogging, or posting about, or otherwise publicly endorsing, Gap Inc. products or services (“you” or “Endorser”).
An endorsement is any message that reflects the Endorser’s opinions, beliefs, findings, or experiences concerning Gap Inc. products or services. This Policy applies to any statement, product review, audio or video recording, online message (including liking or tagging), or other public communication of any kind that could be construed as an endorsement of Gap Inc., in any medium, including but not limited to, any form of print media, television or radio broadcast, website, blog, or social media page, profile, or feed (Facebook, Twitter, Instagram, SnapChat, YouTube, etc.).
Endorsers are responsible for their opinions, comments, and content, and may be held personally liable for any commentary deemed to be defamatory, libelous, obscene, or an infringement on the proprietary rights of Gap Inc. or any third party. Gap Inc. may audit endorsements and may require amendments and/or terminate its business relationship with you in the event of non-compliance with this Policy.
Gap Inc. reserves the right to change, alter, or modify this Policy at any time without prior notice. If you do not agree to this Policy, then do not make any endorsement.
Endorsers must adhere to the following requirements:
- You may only make statements that reflect your bona fide, honest opinions, findings, beliefs, or experiences.
- You may not make statements about a product or service you have not personally used, examined, or evaluated.
- You may not make deceptive, misleading, untruthful, or unsubstantiated claims about Gap Inc. products or services.
- You may not engage in any communication that is defamatory, that infringes on the intellectual property, privacy, or publicity rights of others, that in any way promotes unsafe or dangerous activities, or that violates local, state, or federal law.
- You may not use Gap Inc.’s intellectual property (e.g., trademarks, logos, designs, or images) without the prior written consent of Gap Inc.
- If you have access to proprietary or confidential information about Gap Inc. (including product, design, business or financial information), you must keep confidential and not disclose such information.
- Endorsements by organizations must reflect the collective judgment of the organization.
- Gap Inc. employees who post their own opinions, comments, or recommendations about Gap Inc. products or services must adhere to all employee policies and must disclose that their views do not necessarily represent those of Gap Inc.
- You must clearly and conspicuously disclose any material connections to Gap Inc. in all communications concerning Gap Inc. products or services.
- A “material connection” is a relationship between you and Gap Inc. – e.g., an employment relationship, a paid advertiser relationship, or receipt of free products – that is not reasonably expected or clear from the communication that may affect the weight or credibility a reasonable consumer would give to your endorsement. Material connections include:
o Receiving financial or monetary compensation, or other consideration from Gap Inc. or its agent, such as fees or commissions, free or discounted products or services, free travel or accommodations, gift cards, event access, prizes, or other things of value.
o Receiving potential consideration from Gap Inc. in exchange for or with the expectation of an endorsement, such as a donation to a charity of your choice, an opportunity to appear on television, or entry into a contest or sweepstakes.
o A contractual, employment, familial, or personal relationship between you and Gap Inc.
- Examples of adequate disclosures may include:
o I received [product] from Gap Inc. as a gift
o [Thanks to/Courtesy of] Gap Inc., I was given [product]
o This post is a paid advertisement for Gap Inc.
o Sponsored by Gap Inc.
o I am an employee of Gap Inc.
o Tagging an endorsement with a hashtag that clearly discloses the material connection to Gap Inc.
o Acceptable: #Ad, #GapIncEmployee, #GapSweepstakes, #BananaRepublicPartner, #OldNavyAdvisor, #AthletaAmbassador
o Unacceptable: #Thanks, #Collab, #Spon, #Ambassador, #Sweeps, #Employee
- “Clear and conspicuous” generally means in close proximity to the endorsement, in a similar and clearly visible size, font, and color, and at the beginning of a message, website, video, voiceover, or post so it is easily seen or heard without the user needing to click, scroll, or look elsewhere (e.g., for videos or sliding tiles it must appear long enough to be noticed, read, and understood; for audio it must be read at a cadence that is easy to follow; on Instagram, it must appear at the beginning of a caption before the “more” truncated cutoff). Some social media platforms provide built-in disclosure tools, but do not assume that use of such tools or posting on a main profile page alone is adequate.