merchandise bundle policies 1. merchandise item/album ...nielsen... · the cost of the merchandise...

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Merchandise Bundle Policies 1. Merchandise item/album bundles in general: 1.1 Nielsen Music and Billboard will count album sales for titles promoted/bundled with merchandise items under certain conditions. 1.1.1 Sales may only be counted if the identical items within the bundle are sold within the artist’s official direct-to-consumer webstore/website, and also available concurrently and individually for purchase within the same webstore/website. See points Nos. 4 and 5. Every bundle offer must carry the following language, prominently displayed, in the same font size as the rest of the description of the bundle, in all-caps, prior to purchase prompt, without requiring any customer interaction to view: ITEMS ALSO AVAILABLE SEPARATELY FOR PURCHASE. The cost of the merchandise item/album bundle cannot be less than the price of the individual merchandise item(s) plus $3.49 (the minimum allowable price for an album). Maximum pricing for merchandise item/album bundles is $124.99. 1.1.2 A merchandise item bundled with an album is limited to those sold through the artist’s official direct-to-consumer website/webstore. Bundles are not eligible to be sold via physical brick-and-mortar retailers (including pop-up stores), or on third party retailers/online sites that are not contained within, and part of, the artist’s official direct-to-consumer site. 1.1.3 Merchandise items must be clearly artist and/or album-branded. See point No. 2. 1.1.4 For a physical format album sold as part of a finished goods boxed package / boxed set, manufactured as a box (not a pre-pack of loose goods), together with merchandise items, the sale can be counted provided the boxed package complies with the rules and approval process specific to boxed packages outlined in point No. 7. Such boxed packages/sets cannot be sold exclusively through an artist’s official webstore/d2c site. They either must be available to all music retailers (including artist’s official webstore/d2c site, brick- and-mortar retailers such as Target, or online sellers like Amazon, etc.), or, can be exclusive to a retailer outside of the artist’s webstore/d2c site. 1.1.5 If multiple formats of the same album are contained within a bundle or boxed package / boxed set, only one album within the bundle can be reported as a sale. The sale is reported when the album is shipped or fulfilled to the customer. 1.1.6 For no-cost merchandise items such as pre-sale codes, see point No. 6. 1.1.7 Singles, and track downloads, cannot be promoted/bundled with a merchandise item. | Page 1

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Merchandise Bundle Policies

1. Merchandise item/album bundles in general:

1.1 Nielsen Music and Billboard will count album sales for titles promoted/bundled with merchandise items under certain conditions.

1.1.1 Sales may only be counted if the identical items within the bundle are sold within the artist’s official direct-to-consumer webstore/website, and also available concurrently and individually for purchase within the same webstore/website. See points Nos. 4 and 5. Every bundle offer must carry the following language, prominently displayed, in the same font size as the rest of the description of the bundle, in all-caps, prior to purchase prompt, without requiring any customer interaction to view: ITEMS ALSO AVAILABLE SEPARATELY FOR PURCHASE.

The cost of the merchandise item/album bundle cannot be less than the price of the individual merchandise item(s) plus $3.49 (the minimum allowable price for an album). Maximum pricing for merchandise item/album bundles is $124.99.

1.1.2 A merchandise item bundled with an album is limited to those sold through the artist’s official direct-to-consumer website/webstore. Bundles are not eligible to be sold via physical brick-and-mortar retailers (including pop-up stores), or on third party retailers/online sites that are not contained within, and part of, the artist’s official direct-to-consumer site.

1.1.3 Merchandise items must be clearly artist and/or album-branded. See point No. 2.

1.1.4 For a physical format album sold as part of a finished goods boxed package / boxed set, manufactured as a box (not a pre-pack of loose goods), together with merchandise items, the sale can be counted provided the boxed package complies with the rules and approval process specific to boxed packages outlined in point No. 7. Such boxed packages/sets cannot be sold exclusively through an artist’s official webstore/d2c site. They either must be available to all music retailers (including artist’s official webstore/d2c site, brick-and-mortar retailers such as Target, or online sellers like Amazon, etc.), or, can be exclusive to a retailer outside of the artist’s webstore/d2c site.

1.1.5 If multiple formats of the same album are contained within a bundle or boxed package / boxed set, only one album within the bundle can be reported as a sale. The sale is reported when the album is shipped or fulfilled to the customer.

1.1.6 For no-cost merchandise items such as pre-sale codes, see point No. 6.

1.1.7 Singles, and track downloads, cannot be promoted/bundled with a merchandise item.

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2. Merchandise item branding:

2.1. Merchandise items must be branded with at least one of the following options:

a) Artist first name, last name, full name, or established nickname.b) Image/photo of artist that clearly identifies act; or established artist logo.c) Album title in full. d) Album cover art in full, with cover art text optional.e) Song title (not lyrics) of a track from the album merch item is attached to.

The merchandise item must display at least one of the above, plainly visible on the front of the specific item (not on the back of a T-shirt, solely on the sleeve or collar, on the back of pants, etc.), and as an obvious and prominent visual branding, wording, mark or image.

For various artists and multi-artist albums and soundtracks — where there is no artist with majority artist credit on the album (as determined by Billboard) — the item’s most prominent and obvious branding, wording, mark or image must be the album title in full, or album cover art in full, with cover art text optional.

If merchandise item is branded to a specific album – through branding via imagery or wording (including options c, d and e) – those items can only be bundled with the specific album title.

See examples of acceptable branding on merchandise that could be bundled with an album, below — a Taylor Swift sweatshirt with a photo of Swift, a Garth Brooks tote bag with Brooks’ established artist logo, and a Luke Bryan T-shirt with obvious and prominent visual wording of his name.

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2.2 Co-branded merch items between an artist and a third-party brand are only allowed provided that artist/album project-identifying markings (as listed above) are equally prominent to third-party brand. Example: Artist Name / Nike Logo, on front of T-shirt must be of equal size, or, artist branding is larger. Items where the third-party branding is larger than the artist/album project markings will not be allowed.

2.3 Items or brands that the artist is associated with as a spokesperson or designer do not qualify for a merchandise/album bundle, unless branded merchandise follows above described rules.

2.4 Artist+fan interactions and experiences bundled and/or provided with an album will not be approved for chart eligibility or reporting. Those interactions/experiences with an album must adhere to separate Nielsen Billboard Ticket Album Bundle Policies and Applications forms and applied for approval with Nielsen/Billboard in advance of ticket on-sale date. These interactions/experiences/tickets include — but are not limited to — meet-and-greets, photo opportunities, autograph signings, concerts, shows, and so forth, with an artist.

3. Branding approval process:

3.1. Any merchandise items that may fall outside branding requirements must be brought to the attention of Nielsen Music and Billboard before going on sale, otherwise such item bundles may not be eligible to be counted as sales.

4. Promotion and availability requirements:

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4.1 A merchandise item bundled with an album is limited to those sold through the artist’s official direct-to-consumer website/webstore. Bundles are not eligible to be sold via physical brick-and-mortar retailers (including pop-up stores), or on third party retailers/online sites that are not contained within, and part of, the artist’s official direct-to-consumer site. (A third party retailer website includes such sites as Amazon.com, Nike.com, Macys.com, BN.com, and so forth.) For information about boxed sets – not bundles – that can be sold at third party retailers/online sites, see point 7.

4.2. For the sale of an album contained in a merchandise item/album bundle to count, all of the items in the bundle must also be available concurrently and individually for purchase within the same webstore/website.

For example, if album in a bundle has a bonus track and an alternative cover, then it must also be available a la carte with same bonus track and cover, within the same webstore/website. Merchandise items must be available in the same color, variation, size, and so on, a la carte.

Every bundle offer must carry the following language, prominently displayed, in the same font size as the rest of the description of the bundle, in all-caps, prior to purchase prompt, without requiring any customer interaction to view: ITEMS ALSO AVAILABLE SEPARATELY FOR PURCHASE.

5. Pricing requirements and limitations for chart eligibility:

5.1 The cost of the merchandise item/album bundle cannot be less than the price of the individual merchandise item(s) plus $3.49 (the minimum allowable price for an album). Maximum pricing for merchandise item/album bundles is $124.99.

5.1.1 The $3.49 price is per album or EP in a package (or up to an album’s equivalent runtime of 80 minutes). The price is for the lifetime of the product, regardless of release age. Minimum pricing for a multi-CD album will be $3.49 times the number of CDs available (or equivalent runtime beyond 80 minutes).

Example 1: Sweatshirt alone = $40.00Album alone = $7.99Total if purchased separately = $47.99Bundle offer = No less than $43.49 ($40.00 sweatshirt price + $3.49 minimum album price)

Example 2:T-shirt alone = $10.00Sweatshirt alone = $40.00Album alone = $7.99Total if purchased separately = $57.99Bundle offer = No less than $53.49 ($10.00 T-shirt price + $40.00 sweatshirt price + $3.49 minimum album price)

Example 3:

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Poster alone = $5.00Album alone = $3.49Total if purchased separately = $8.49Bundle offer = No less than $8.49 ($5.00 Poster price + $3.49 minimum album price)

5.2 The album in a merchandise item/album bundle cannot be advertised, promoted or described as anything approaching or equal to “free.”

5.3 See below for an example of how item description pages should be displayed within an artist’s d2c store: a Green Day T-shirt/digital album bundle for $25, along with separate available items for the T-shirt ($20) and digital album ($10).

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6. No-cost items (including pre-sale codes):

6.1 Albums can be, under certain conditions, bundled with a no-cost item (such as non-tangible items, pre-sale access codes providing customer early access to purchase concert tickets, complimentary memberships to online fan clubs, entries to win a prize, etc.).

6.1.1 Such items cannot require the purchase of an album. If an album is sold with a no-cost item, the album sale may only be counted if the customer is given a simple and prominent “NO PURCHASE NECESSARY” option, via a webform, to access the same item without having to buy the album. The phrase “NO PURCHASE NECESSARY” must be prominently displayed in the same font size as the rest of the description of the bundle, in all-caps, without requiring any customer interaction to view.

See example of a possible webform to collect customer information:

6.1.1.1 Access to an artist event/concert ticket cannot be dependent on the purchase of an album.

6.1.1.2 No-cost items, pre-sale codes and early access passes, and equivalent or similar codes/passes, if sold with an album in any circumstance, will not be counted as sales if paired to a free event or tour.

7. Boxed Package Rules:

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7.1 For a physical format album (CD, vinyl LP, cassette, etc.) sold as part of a finished goods boxed set/boxed package (a package manufactured as a box, together with merchandise items; not a pre-pack of loose goods), the sale can be counted, provided the following:

7.1.1 Merchandise items must be packaged with the album in a boxed package and must be clearly artist- or album-branded merchandise (see point No. 2). See examples of a boxed package below, Guns N’ Roses’ Appetite for Destruction - Locked N’ Loaded Box Set and BTS’ Love Yourself: Tear.

7.1.2 The boxed package must have its own unique UPC code separate from any other version of the album.

7.1.3 The boxed package must be submitted for pre-approval to Billboard and Nielsen Music by the label or retailer at least four weeks in advance of the boxed package going on sale.

7.1.4 Label/retailer should provide screengrabs of all presentations of the finished boxed package, and links to all websites/platforms offering the boxed

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package. This includes any difference in the visibility or presentation of the boxed package across various websites and platforms (mobile devices, mobile browsers, mobile applications, etc.).

7.1.5 A boxed package cannot be sold exclusively through an artist’s official webstore/d2c site. It either must be available to all music retailers (including artist’s official webstore/d2c site, brick-and-mortar retailers such as Target, or online sellers like Amazon, etc.), or, can be exclusive to a Nielsen-reporting music retailer outside of the artist’s webstore/d2c site.

7.1.6 Boxed package sales are reported to Nielsen Music upon shipment of the physical package to customer, or sale to the customer at point-of-purchase if in a brick-and-mortar environment. If a complimentary digital download is included with the purchase, that is not the reportable sale format.

7.1.7 If multiple physical formats of the same album are contained within a boxed package / boxed set, the sale of the box only counts as one album sale.

8. Registering album product with Nielsen Music:

8.1 All titles (UPC/EAN) must be registered with Nielsen Music at least 2 weeks prior to any sales reported.

8.2 UPC/EAN registration link:http://titlereg.soundscan.com/soundscantitlereg/

9. Bulk Purchase Rules:

9.1 Sales from a customer who purchases 1 to 4 units (at the UPC level) will be ingested by Nielsen Music without any adjustments.

9.2 Sales from a customer who purchases 5 to 9 units (at the UPC level) will have sales reduced to 4 units for sales and ingested.

9.3 Sales from a customer who purchase 10 or more units (at the UPC level) will be dismissed, adjusted to zero, and will not be ingested.

10. Registering a retailer/data provider:

10.1 If the retailer/data provider is not a Nielsen Music reporting outlet, then the retailer must apply to be set-up to report to Nielsen Music at least two weeks prior to the product offering. Retailer/data provider partnerships will be vetted and approved or denied by Nielsen Music before reporting can occur. Reporting standards must be met to ensure accurate data is being presented to the industry.

For any questions regarding sales reporting or product registration please send your inquiry to:

Bundled sales reporting – [email protected] & [email protected]

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Bundle sales qualification questions – [email protected]

Bundled product registration – [email protected]

11. Validation Requirements and Eligibility Enforcement

11.1 Nielsen Music will request information from companies fulfilling the album to ensure bulk reporting methods are being enforced. If a request is made before 5 p.m. ET, the requested information must come within 12 hours. If a request is made after 5 p.m. ET, the requested information must come by noon ET the following day. Nielsen Music reserves the right to remove activity in question in the event that we do not receive the requested information by the required time or we find that the bulk reporting methods mentioned previously were not followed as requested.

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