Promotional Activities Rules Education Meeting University of Louisiana at Lafayette January 26, 2010

Promotional Activities

Rules Education MeetingUniversity of Louisiana at Lafayette

January 26, 2010

Rules Education Disclaimer

• In an attempt to gain a better understanding on this month’s topic “Promotional Activities,” we have included several scenarios that have happened at our university. This is not intended to criticize or poke fun at any of our staff members, but rather to educate everyone about situations that are likely to occur and may possibly be prevented in the future.


• A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization);

• A member conference;• Or a non-institutional charitable, educational or

nonprofit agency

May use a student-athlete's name, picture or appearance to support its charitable or educational activities or to support activities considered incidental to the student-athlete's participation in intercollegiate athletics, provided the following conditions are met:


a. SA must receive written approval from Athletic Director

b. The activity or project in which the SA participates may not involve co-sponsorship, advertisement or promotion by a commercial agency other than trademarks or logos on printed materials (e.g., pictures, posters, calendars). The company’s emblem, name, address, telephone #, and website address may be included with the trademark or logo. Personal names, messages, & slogans are prohibited.


c. The name or picture of a student-athlete with remaining eligibility may not appear on an institution’s printed promotional item (e.g., poster, calendar) that includes a reproduction of a product with which a commercial entity is associated if the commercial entity’s officially registered trademark or logo also appears on the item.

d. A SA may not miss class for promotional activities.


e. All moneys derived from the activity or project go directly to the member institution, member conference, or the charitable, educational or nonprofit agency related to participation in the activity.

f. The SA may accept actual and necessary expenses from the member institution, member conference, or charitable, educational or nonprofit agency related to participation in the activity.


g. The SA’s name, picture, or appearance is not used to promote the commercial ventures of any nonprofit agency.

h. Any commercial items with names, likenesses or pictures of multiple student-athletes may be sold only at the member institution at which the SAs are enrolled. Items with an individual SA’s name, picture, or likeness (e.g. jersey) may not be sold.


i. The SA and an authorized representative of the charitable, educational, or nonprofit agency sign a release statement ensuring that the SA’s name, image, or appearance is used in a manner consistent with the requirements of this section.


• Video 1


Scenario:The Alpha Omicron Pi Sorority at UL wants to raise money for a charitable organization by collecting donations at a UL softball game for each strike out thrown against the opposing team (e.g., Strike Out Cancer Event).

Would this be permissible?


Answer:

Yes, it would be permissible because the sorority is a recognized entity of UL and all of the money derived from the activity was going directly to the charitable organization.


Scenario:Coach Mazeitis is interested in selling several autographed volleyballs to benefit a non-profit organization.



Answer:Yes, as long as there are multiple student-athlete signatures on the volleyball and the non-profit organization has completed the “Autograph/Donation” form acknowledging that receipt of the autographed ball will not take place by a PSA or his/her parents.


Scenario:Tyrell Fenroy is about to reach the 4,000 yard milestone for his football career. An entrepreneurial student wants to print and sell t-shirts that read “Mr. 4000.”



Answer:

No, because the student would be using Tyrell’s likeness. UL would be able to print the t-shirts and throw them out to fans at the games but would not be able to sell the shirts.

Promoting NCAA Championships, Events, Activities, or Programs

•The NCAA may use the name or picture of an enrolled student-athlete to generally promote NCAA Championships or other NCAA events, activities, or programs.

Promotions Involving Commercial Locations/Sponsors

• A member institution or a charitable, educational or nonprofit organization may use the appearance, name or picture of an enrolled SA to promote its fundraising activities at the location of a commercial establishment, provided the commercial establishment is not a cosponsor of the event and the SA does not promote the sale of a commercial product in conjunction with the fundraiser.

• The commercial establishment would become a cosponsor if it advertised the presence of the SA at their commercial location or was involved in promoting the activity.


Scenario:The women’s basketball team wants to read to children at Chick-fil-A. They bring several books to read to children at Chick-fil-A, but the manager at the restaurant asks the women’s basketball team to read a Chick-fil-A book (from the happy meals) instead.



Answer:

• Yes, it would be permissible to read a Chick-fil-A book while at the restaurant because it promoted literacy rather than advertising for Chick-fil-A. The women’s basketball team also would have been able to hand out pocket schedules and team posters.

• However, Chick-fil-A would not have been able to publicize event.


Scenario:McDonald’s wants to sponsor a poster with our women’s volleyball team. The poster has a picture of the team, the McDonald’s logo, and the slogan “Try the McRib Sandwich – Can You Dig It?”



Answer:

No, because an advertisement on an institution’s team poster that includes the name or picture of a student-athlete may not include language other than the commercial product’s name, trademark or logo.

Distribution of Institutional Items through Commercial Outlets

• A member institution may distribute noncommercial items that include names or pictures of student-athletes at commercial establishments, provided the institution generally distributes such items to other commercial establishments in the community and the distribution of the items does not require the recipient to make a purchase at the commercial establishment.

Player/Trading Cards

• Player/Trading Cards with SA’s names or pictures may be distributed by any member institution, fraternity, sorority, student government association, member conference, or charitable organization, but they may not be sold.

Schedule Cards

•An advertisement on an institution’s wallet-size playing schedule that includes the name or picture or a student-athlete may include language other than the commercial product’s name, trademark, or logo, provided the commercial language does not

appear on the same page as the SA (when folded).

Modeling & Other Non-Athletically Related Promotional Activities

• If a SA uses his/her name or picture to promote the sale or use of a commercial product or service prior to enrollment in a member institution, continued remuneration for the use of the SA’s name or picture (under the same circumstances) after enrollment is permitted if all of the following conditions apply:

Conditions that must apply for continuation of modeling

a. The SA’s involvement in this type of activity was initiated prior to his/her enrollment in a member institution.

b. The SA became involved in such activities for reasons independent of athletics ability.

c. No reference is made in these activities to the SA’s name or involvement in intercollegiate athletics.

d. The SA does not endorse the commercial product

Conditions that must apply for continuation of modeling

e. The SA’s remuneration under such circumstances is at a rate commensurate with the SA’s skills and experience as a model or performer and is not based in any way upon the SA’s athletics ability or reputation.

Example of SA Modeling

• B.J. Crist, former UL football player, modeled before and after his collegiate football career.

Congratulatory Advertisement

• It is permissible for a SA’s name or picture, or team picture, to appear in an advertisement of a commercial business provided:

a. The primary purpose of the advertisement is to publicize the sponsor’s congratulations to the SA or team;

b. The advertisement does not include a reproduction of the product with which the business is associated or any other description of the business other than its name or trademark;

Congratulatory Advertisement

c. There is no indication in the makeup or wording of the advertisement that the team, individually or collectively, or the institution endorses the product of the advertiser;

d. The SA has not signed a consent or release granting permission to use the SA’s name or picture in a manner inconsistent with the requirements of this section (NCAA Bylaw 12.5.1.4)

Congratulatory Advertisemente. If the SA has received a prize from the commercial sponsor in

conjunction with participation in a promotional contest and the advertisement involves the announcement of receipt of the prize, the receipt of the prize must be consistent with the provisions of Bylaw 12.5.2.3.3.

NCAA Bylaw 12.5.2.3.3

• Promotional Contests:– Receipt of a prize for winning an institutional

or non-institutional promotional activity (e.g., making a half-court basketball shot, being involved in a money scramble) by a PSA or enrolled SA (or a member of his/her family) does not affect his/her eligibility, provided the prize is won through a random drawing in which all members of the general public or student body are eligible to participate.

UL’s Institutional Policy on Promotional Contests

• No student-athletes will be allowed to receive prizes given by UPC during contests at home events. If a student-athlete is randomly selected (the spotlight selects them at the men’s basketball game and they have 10 seconds to go on the court), the student-athlete may participate in the contest, but will be unable to accept the prize. (There is too great a risk of having this interpreted as an extra benefit).

UL’s Institutional Policy on Promotional Contests

• Video 2

Educational Products Related to Sports-Skill Instruction

• It is permissible for a SA’s name or picture to appear in books, articles and other publications, films, videos, and other types of electronic reproduction related to sports-skill demonstration, analysis, or instruction, provided:

a. Such print and electronic media productions are for educational purposes.

b. There is no indication the SA is endorsing a commercial product or service.

Educational Products Related to Sports-Skill Instruction

c. The SA does not receive, under any circumstances, any remuneration for such participation; however, the SA may receive actual and necessary expenses related to his or her participation.

d. The SA has signed a release statement ensuring that their name or image is used in a manner consistent with the requirements of this section and has filed a copy of the statement with the member institution.

Camps and Clinics

• An institution or privately owned camp may use a SA’s name, picture, & institutional affiliate only in the camp counselor section in its camp brochure to identify the SA as a staff member.

• The SA’s name or picture may not be used in any other way to promote the camp.

Promotion by Third Party of Highlight Film, Videotape or Media Guide

• Any party other than the institution or a SA may sell and distribute an institutional highlight film or videotape or an institutional or conference media guide that contains the names and pictures of enrolled SAs only if:

a. The institution specifically designates any agency that is authorized to receive orders for the film, videotape or media guide;

Promotion by Third Party of Highlight Film, Videotape or Media Guide

b. Sales and distribution activities have the written approval of the institution’s athletic director;

c. The distribution company or a retail store is precluded from using the name or picture of an enrolled SA in any poster or other advertisement to promote the sale or distribution of the film or media guide;

d. There is no indication in the wording of the advertisement that the squad members or institution endorse the product of the advertiser.

Use of a SA’s Name or Picture without Knowledge or Permission

• If a SA’s name or picture appears on commercial items or is used to promote a commercial product without the student-athlete’s knowledge or permission, the SA is required to take steps to stop such an activity in order to retain his or her eligibility.

Specifically Restricted Activities

• Name the Player Contest:– A SA may not permit use of his or her name

or picture in a “name the player” contest conducted by a commercial business for the purpose of promoting that business.

• Athletics Equipment Advertisement:– A SA’s name or picture may not be used by

an athletics equipment company or manufacturer to publicize the fact that the institution’s team uses its equipment.

Media Activities

• During the Playing Season:– A SA may appear on radio & television programs

or engage in writing projects when the SA’s appearance or participation is related in any way to athletics ability or prestige, provided the SA does not receive any remuneration for the appearance or participation in the activity.

– The SA shall not make any endorsement of the commercial product.

– The SA may receive necessary expenses directly related to participation in this activity.

– No class may be missed other than that in conjunction with away-from-home competition and conference-sponsored media days.

Media Activities

• Outside the Playing Season:– A SA may participate in media activities when

such appearance or participation is related to athletics ability or prestige, provided the SA is academically eligible and does not receive any remuneration for their appearance.

– The SA may not make any endorsement for a commercial product.

– The SA may receive legitimate and normal expenses directly related to such participation, provided the source of the expenses is the entity sponsoring the event.

Use of Logos on Equipment , Uniforms, & Apparel

• A SA may use athletics equipment or wear athletics apparel that bears the trademark or logo of an athletics equipment or apparel manufacturer or distributor in athletics competition and pre- and postgame activities, provided the following are met:

a. Athletics equipment shall bear only the manufacturer’s normal label or trademark, as it is used on all such items for sale to the general public.

Use of Logos on Equipment , Uniforms, & Apparel

b. The SA’s institution’s official uniform and all other items of apparel shall bear only a single manufacturer’s or distributor’s normal label or trademark including any additional material surrounding the normal trademark or logo. The SA’s institution’s official uniform and all other items of apparel shall not bear a design element similar to the manufacturer’s trademark/logo that is in addition to another trademark/logo that is contrary to the size restriction.

New Legislation- Adopted Immediately -

Non-Coaching Athletics Staff Members

• To permit noncoaching staff with sport-specific responsibilities to participate in organized activities involving only the coaching staff or administrative duties (e.g., attend meetings involving coaching activities, analyze video of the institution's or an opponent's team, track statistics during practice or competition).

Non-Coaching Athletics Staff Members

• In basketball, to specify that a non-coaching staff member with sport-specific responsibilities shall not attend an off-campus athletics event involving prospective student-athletes (e.g., high school contest, sports camp) unless the staff member is an immediate family member or legal guardian of one of the participants in the activity; further, to establish conditions by which a staff member who is an immediate family member or legal guardian of a participant may attend such an event, as specified.

Assistant Coach Designated as Next Head Coach -- Football

• In bowl subdivision football, to specify that an institution's assistant coach who has been publicly designated by the institution to become the next head coach shall be subject to the recruiting restrictions applicable to the institution's head coach.

Non-Institutional Non-Organized Events - Basketball

• To prohibit evaluations at non-institutional non-organized events (e.g., pick-up games, open gyms) during the summer evaluation period.

Recruiting Materials

• To specify that an institution may produce video or audio material to show to, play for or provide to a prospective student-athlete, provided such material includes only general information related to an institution or its athletics programs and is not created for recruiting purposes; further, to specify that a computer generated recruiting presentation may include general informational video/audio material that relates to an institution or its athletics programs and is not created for recruiting purposes (can be sent through e-mail).

Institutional Camps and Clinics

• In sports other than football, to specify that an institution's camp or clinic shall be conducted on the institution's campus or within a 100-mile radius of the institution's campus. – A contract signed before September 17, 2008,

for men's basketball camps may be honored; a contract signed before September 16, 2009, for women's basketball camps may be honored; a contract signed before October 20, 2009, for all other sports may be honored.

Non-Institutional Camps/Clinics

• In football, to specify that an institution's coach or non-coaching staff member with responsibilities specific to football may be employed in a non-institutional, privately owned camp or clinic at any location during the two periods of 15 consecutive days in the months of June and July as declared by the institution. – No mileage restriction any longer

Recruiting Services

• To establish additional criteria that must be satisfied in order for an institution to subscribe to a recruiting or scouting service involving prospective student-athletes, as specified.– Specifics to follow later

Recruiting Calendar - Football

• In football, to revise the recruiting calendar to eliminate the quiet periods in January, as specified.

Reasonable Refreshments for Relatives

• To specify that an institution may provide the family (e.g., parents or legal guardians, relatives) of a student-athlete with reasonable refreshments (e.g., soft drink, snacks) in conjunction with educational meetings or celebratory events (e.g., senior night) and on an occasional basis for other reasons.

Countable Athletically Related Activities

• To specify that countable athletically related activities shall not occur between midnight and 5 a.m., except for during participation in a conference championship or an NCAA championship, in any competition that begins prior to midnight and concludes after midnight, or a promotional practice activity (e.g., first practice of the season).

Summer Conditioning Period

• In football, to permit an institution to designate nine consecutive weeks between the conclusion of the academic year and the institution's reporting date for preseason practice as its summer conditioning period.

Employment of Individuals Associated with PSA

• In men's basketball, to specify that during a two-year period before a prospective student-athlete's anticipated enrollment and a two-year period after the prospective student-athlete's actual enrollment, an institution shall not employ (or enter into a contract for future employment with) an individual associated with the prospective student-athlete in any athletics department noncoaching staff position. – A contract signed before October 29, 2009

may be honored.

ANY QUESTIONS?

Reminder:ALWAYS ASK BEFORE YOU ACT!

Documents

Promotional Activities Rules Education Meeting University of Louisiana at Lafayette January 26, 2010