Commercial Advertising Policy
Advertising Policy and Objective
RTD has space on the interior and exterior of RTD’s rolling stock, stations, buildings, facilities, and properties, as well as on RTD owned electronic communication channels (website, social media, computer/phone apps, etc.) (collectively “RTD Advertising Space”). It is the policy of RTD to permit use of RTD Advertising Space, to the extent determined by RTD to support RTD’s purposes and operations:
- for paid advertising (including RTD’s Corporate Partnership Program), to generate revenue for the construction, operations and maintenance of the District’s facilities and services (“Commercial Advertising”)
- to provide information to the public by or about RTD, including information about RTD transit services, programs, or products, including co-sponsorships with commercial or governmental third parties that are intended by RTD to increase ridership or otherwise support RTD’s mission (“RTD Advertising”); and
- to provide public service information about federal, state and local government programs and activities when requested specifically by federal, state and local entities, including advertising from non-profit organizations that are partnering with such entities (“Government Communications”).
Scope of Advertising Policy
RTD uses RTD Advertising Space for Commercial Advertising, RTD Advertising, or Government Communications only in those locations made available by RTD for such purposes in RTD’s sole discretion. (Any naming rights or sponsorship of RTD lines or facilities are governed by separate policies and programs.)
Non-Designation of Public Forum
Only Commercial Advertising, RTD Advertising and Government Communications are permitted on RTD Advertising Space. RTD Advertising Space and this Policy do not provide or create a public forum. RTD does not accept advertising by others for non-commercial purposes except for Government Communications. Private, non-profit, or government speech intended to advocate or oppose political candidates, political issues, religious discourses,
advocacy of social policies, or other issues of public debate (collectively “Issue Promotion”) will not be accepted. RTD reserves the sole right to determine to determine the size, location, placement, duration, price and all other terms for any RTD Advertising Space made available.
Government Communications
RTD may accept paid advertising for Government Communications otherwise permitted under this Policy. Government Communications advertising must clearly, on the face of the advertising, identify the public entity involved.
Types of Commercial Advertising Permitted
The only Commercial Advertising permitted by RTD is Commercial Advertising that, in RTD’s sole and exclusive discretion, is designed and intended to promote the sale of goods or services, or events to promote the sale of goods or services, and not Issue Promotion,
regardless of whether the advertiser is a for-profit, non-profit, or government entity. Commercial Advertising that in RTD’s sole and exclusive discretion is or gives the appearance of being a pretext for Issue Promotion will not be permitted.
Prohibited Content or Subject Matter
Advertising is prohibited if in RTD’s sole discretion it depicts, contains, promotes, or includes to any extent the following products, services, activities, content or subject matter; or uses brand names, trademarks, slogans or other material that are identifiable with such products, services, activities, content or subject matter:
Tobacco / Nicotine / Cannabis: Tobacco, nicotine and/or cannabis products: tobacco/nicotine/cannabis related products; and products that simulate smoking or other use of such products or are modeled on such products, including but not limited to cigarettes, cigars, electronic cigarettes and vaping implements, and smokeless (e.g., chewing) tobacco;
Adult/Mature Rated Films, Television/Electronic Content, or Electronic Games: Adult films rated “X” or “NC-17”, television or electronic content (e.g., online, downloadable or app content) rated “MA”, and electronic (video, computer or app) games rated “A” or “M”; and similar content regardless of platform or type;
Adult Entertainment Facilities: Adult bookstores, adult video stores, nude dance clubs, and other similar adult entertainment establishments;
Other Adult Services: Adult telephone services, online adult sites, escort services, and other similar adult services;
Nudity, Sexual, Sadomasochistic and/or Excretory Subject Matter: Sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse (all as defined in C.R.S. 18-7-501 as amended, modified or supplemented); or excretory subject matter.
False, Misleading, Defamatory or Invasive Subject Matter: Any material that is or that the advertiser reasonably should have known is false, fraudulent, misleading, deceptive, or could reasonably constitute a tort of defamation or invasion of privacy;
Infringing or Otherwise Unlawful Subject Matter: Any material that is an infringement of copyright, trademark or service mark, or is otherwise unlawful or illegal;
Illegal Activity or Products: Illegal activity or product that is illegal under any federal, state or local law;
Obscene, Profane or Violent Subject Matter: Any obscene or profane language or content; images or descriptions of graphic violence, including dead, mutilated or disfigured human beings or animals, or intentional infliction of pain or violent action toward or upon a person or animal; or depiction of weapons or injury-causing devices that appear to be aimed or pointed at the viewer or observer in a menacing manner;
Disparaging Subject Matter: Subject matter that is intended to be, or reasonably could be interpreted as being, disparaging, disreputable, or disrespectful to persons, groups, businesses, or organizations, including advertising that portrays individuals or types of persons, groups, businesses or organizations as inferior, evil or contemptible (with the exception of rivals to local sports teams);
Subject Matter Adverse to RTD: Material that (even if not otherwise prohibited Issue Advertising) is adverse to the purposes, operations or administration of RTD; tends to disparage the quality of service provided by the RTD; or tends to disparage public transportation generally;
Unauthorized RTD Graphics, Images, Content and Representations: Subject matter that contains RTD graphics, logos, images, content or representations without the express written consent of the RTD;
Insulting, Degrading or Offensive Subject Matter: Material directed at a person or group that is so insulting, degrading or offensive as to be reasonably foreseeable that it will incite or produce lawless action in the form of retaliation, vandalism or other breach of public safety, peace and order;
Subject Matter Harmful or Disruptive to Transit System: Material that depicts or advocates conduct in violation of RTD’s Code of Conduct; or that is so objectionable under contemporary community standards as to be reasonably foreseeable that it will result in harm to, disruption of or interference with the transportation system; and
Unsafe Transit Behavior: Material that encourages or depicts unsafe behavior with respect to transit-related activities, such as non-use of normal safety precautions in awaiting, boarding, riding upon or debarking from transit vehicles.