NCAA Legislation Regarding Promotional Activities
The student-athlete must receive prior approval from the Director of Athletics/Designee to participate in the listed event. The signatures on the Promotional Activity Request Form, of the authorized representative of the supporting agency, serve as a release statement ensuring that the student-athlete(s) name, image or appearance is used in a manner consistent with the requirements of Bylaw 12.5.1 of the NCAA Manual. NU staff, student-athletes, and our representative of athletic interests are not permitted, directly or indirectly, to assist in raising funds for prospects, high schools or organizations that consist of prospects. A prospect is any student in grades 9-12. The student-athlete may speak at a meeting or banquet, where there are prospects, provided he or she does not make a recruiting presentation to the group or an individual.
NCAA Bylaw 126.96.36.199 states: “Institutional, Charitable, Educational or Nonprofit Promotions. 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”:
- The student-athlete must receive prior written approval to participate from the director of athletics (or his or her designee), subject to the limitations on participants in such activities as set forth in Bylaw 17;
- The specific activity or project in which the student-athlete participates does not involve co-sponsorship, advertisement or promotion by a commercial agency other than through the reproduction of the sponsoring company’s officially registered regular trademark or logo on printed materials such as pictures, posters or calendars. The company’s emblem, name, address and telephone number may be included with the trademark or logo. Personal names, messages and slogans (other than an officially registered trademark) are prohibited;
- 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 regular trademark or logo also appears on the item;
- The student-athlete does not miss class;
- All money derived from the activity or project goes directly to the member institution, member conference or the charitable, educational or nonprofit agency;
- The student-athlete may accept legitimate and normal expenses from the member institution, member conference or the charitable, educational or nonprofit agency related to participation in such activity, provided it occurs within the state or, if outside the state, within a 100-mile radius of the member institution’s campus;
- The student-athlete’s name, picture or appearance may not be utilized to promote the commercial ventures of any nonprofit agency;
- Any commercial items with names or pictures of student-athletes (other than highlight films or media guides per 188.8.131.52) may be sold only at the member institution at which the student-athlete is enrolled, institutionally controlled (owned or operated) outlets or outlets controlled by the charitable or educational organization (i.e., location of the charitable or educational organization, site of charitable event during the event); and
- The student-athlete and an authorized representative of the charitable, educational or nonprofit agency must sign a release statement ensuring that the student-athlete’s name, image or appearance is used in a manner consistent with the requirements of the appropriate this section.