There are multiple issues here.
First, I’m not aware of any Chess Emporium events being promoted on the USCF website. (The USCF does get occasional queries about Chess Emporium memberships and ratings, they apparently use an 8 digit ID that starts with a ‘2’, though I’m not aware of any cases where those conflict with assigned USCF IDs.)
However, if an event ihas a TLA but is not submitted, the TD and/or affiliate can be sanctioned. (The Board took such an action in November, for example, suspending both the TD’s membership and his TD privileges.)
If the event is advertised elsewhere as USCF rated but is not submitted, the USCF may not even find out about it, and there may not be much they can do. (The participants might have different options.)
The by-state TLA pages are intended for USCF-rated events (though occasionally non-rated sections are mentioned in TLAs that also have rated sections.) I think there has been a separate non-rated event category in the TLA pages in the past, but I can’t find any recent examples.
I don’t know of any cases where organizers have bought display ads for non-USCF rated tournaments, but I don’t think it is explicitly prohibited.
I would think a tournament that was being held in the USA and was to be rated by some rating service in direct competition with the USCF would not be allowed to buy such an ad. (I would not consider a FIDE-rated-only event direct competition, especially since the USCF must sanction any FIDE rated events held in our jurisdiction.)
There has been some consideration by Bill Hall to running TLAs for certain types of non-rated events, notably Bughouse tournaments. (Chess960 tournaments might be a second possibility.)
When I was in high school (back in the 60’s), I subscribed to Chess Review. At one point, I wrote Al Horowitz a letter asking several questions. One of them was about what the USCF was (there were references to it in tournaments ads.)
His two word response on my letter (which he sent back to me but I have unfortunately lost): My competitor.