DIVISION I Promotional activities Kelly Brummett Jobrina marques

Overview Promotional Activities (NCAA Division I Bylaw 12.5.1.1) Self-Employment (NCAA Division I Bylaw 12.4.4)

Promotional Activities Reproduction of Product? Co-Sponsorship? Entity? Student-Athlete's Name, Image or Likeness?

Where to Start Is student-athlete's name, image or likeness being used for promotional purposes? Is the entity a permissible entity? Is there a co-sponsor? Is there a reproduction of the product?

Case Study No. 1 LuAnn, a student-athlete, created a seven-minute short film about Palm Beach, her favorite city. Tamra, one of LuAnn's friends who is not a student-athlete, posted the video to Tamra's social media account. LuAnn did not use her name, image or likeness in the film. What steps does LuAnn need to take?

Entity Do we have a permissible entity? Member institution or conference. Recognized institutional entity. Noninstitutional charity. Noninstitutional educational entity. Nonprofit agency.

Promotional Activities Parameters Use of SA's name, picture or appearance to support: Charitable or educational activities; or Activities considered incidental to SA's participation in intercollegiate athletics. Parameters: Participation subject to limitations set forth in Bylaw 17. Only permissible sponsorship is sponsoring company's officially registered regular trademark or logo. May include emblem, name, address and telephone number.

Promotional Activity Parameters No reproduction of product if commercial entity's trademark or logo appears in promotion. SA may not miss class. All moneys go directly to institution, conference or other permissible entity. SA may accept actual and necessary expenses. Name, picture or appearance may not be used to promote commercial ventures of nonprofit agency.

Promotional Activity Parameters Restrictions on the sale of commercial items. Noninformational items that include a single SA may not be sold. Noninformational items that include multiple SAs may be sold. Institutionally controlled outlets or outlets controlled by other permissible entity. SA and authorized representative of permissible entity affirm proper use of likeness or appearance.

Case Study No. 2 Potomac College's women's lacrosse team partners every year with the local food pantry. Gizelle and Robyn, the team captains, created fliers to hand out on campus to encourage students to attend their upcoming game and to bring dry food items. The flier included photos of the women's lacrosse team after last year's food drive.

Case Study No. 2 Is the flier permissible? What else do we need to know? What if the flier also included the name of the local food pantry?

Case Study No. 3 Coto Travel, Potomac College's official travel partner, would like sponsor the women's lacrosse team's fundraiser. Potomac College's marketing department posted on its social media a photo of the women's lacrosse team and the caption: This Friday night, join Coto Travel and Potomac College's women's lacrosse team in collecting dry and canned food items.

Case Study No. 3 Is it permissible for Coto Travel to be involved with the promotion? Is Potomac College's social media post permissible?

Co-Sponsorship Do we have a co-sponsor? Commercial establishment advertises the presence of SAs at the commercial location; or Is involved directly or indirectly in promoting the activity. Commercial establishment likes or retweets institution's promotion.

Case Study No. 4 Potomac College and the women's lacrosse team would to thank the local community for donating more than 100 dry and canned goods to the local food pantry. Coto Travel asked that its official logo and slogan be included in the announcement.

Case Study No. 4 Is the announcement permissible? Can Coto Travel's official logo and slogan be included?

NCAA Division I Proposal No. 2005-26 Alternative to subparts (b) and (c) of Bylaw 12.5.1.1. Co-sponsorship and reproduction of a product. Promotion must include affiliation of the commercial entity and the permissible entity. Twenty-five percent limitation for commercial sponsors. Product or service; and Logo/trademark. No direct endorsement or encouragement of the use or purchase of commercial product or service.

Only officially registered regular trademark/logo. Bylaw 12.5.1.1-(b) and (c) Proposal No. 2005-26 Only officially registered regular trademark/logo. Company's emblem, name, address, telephone number and website address may be included with the trademark or logo. No reproduction of product. Personal names, messages and slogans (other than an officially registered trademark) prohibited. Multiple trademarks/logos. May include reproduction of product. May not exceed 25 percent of total promotional activity. Must include affiliation language. Language or action may not directly encourage use or purchase of commercial product.

Promotions and Employment Use of name or picture to promote sale or use of commercial product or service prohibited. No payment for endorsing commercial product or service through SA's use of such product or service. Bylaw 12.5.2.1

Promotions and Employment Compensation may be paid to a student-athlete: Only for work actually performed. At a rate commensurate with the going rate in that locality for similar services. Compensation may not be based on value the SA may have for the employer because of athletics reputation. Bylaw 12.4.1

Promotions and Employment SA may establish own business provided SA's likeness is not used to promote the business. Bylaw 12.4.4

Promotions and Employment SA may receive compensation for teaching lessons on a fee-for-lesson basis, provided: Institutional facilities may not be used; Playing lessons are not permitted; Institution keeps documentation on file; Compensation is paid by the lesson recipient/family; If teaching more than one client, instruction must be comparable to what would be provided during a private lesson; and SA name, image and likeness may not be used to promote or advertise. Bylaw 12.4.2.1

Case Study No. 5 Gregg is a baseball SA at Leakes University. He has been offered a job to write about baseball bats and current events regarding baseball bats.

Case Study No. 5 Is it permissible for Gregg to accept this job offer? What else do we need to know?

Case Study No. 6 Teddi is an equestrian SA at Beverly University. She would like to work for a company named Churchill Crown Training. CCT is a "fee-for-lesson" company that connects SA's and lesson participants.

Case Study No. 6 Is the employment arrangement permissible? What else do we need to know?

Case Study No. 7 LeeAnne is a SA at Dallas College. She informally began cooking meals to order for roommates and other SAs. She would like to formally create a business that also includes catering services.

Case Study No. 7 Are there any concerns with LeeAnne creating her made-to-order meal and catering business? What else do we need to know?

Case Study No. 8 Vicki is a soccer student-athlete at Orange County University. SA has always been very interested in skin care products, oftentimes recommending her favorites to her friends. SA would like to begin selling Glow, a brand of skin care products. Glow is a multi-level marketing business and employees often use social media to market the products.

Case Study No. 8 Are there any concerns with Vicki's employment with Glow? What else do we need to know?

Questions ?

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