University of Notre Dame
Event Marketing – Rules Education 2010
12.5.1 Promotional Activities. A member institution or recognized entity thereof (e.g., fraternity, sorority or student government organization), a member conference or a noninstitutional 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:
(b) The specific activity or project in which the student-athlete participates does not involve cosponsorship, 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, telephone number and website address may be included with the trademark or logo. Personal names, messages and slogans (other than an officially registered trademark) 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 regular trademark or logo also appears on the item;
(g) The student-athlete'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 (other than highlight films or media guides per Bylaw 12.5.1.7) may be sold only at the member institution at which the student-athletes are enrolled, the institution's conference, institutionally controlled (owned and operated) outlets or outlets controlled by the charitable, educational or nonprofit organization (e.g., location of the charitable or educational organization, site of charitable event during the event). Items that include an individual student-athlete's name, picture or likeness (e.g., name on jersey, name or likeness on a bobble-head doll), other than informational items (e.g., media guide, schedule cards, institutional publications), may not be sold;
12.5.1.1.1.The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of an enrolled student-athlete to generally promote NCAA championships or other NCAA events, activities or programs.
Interpretation 09/22/95 Use of Student-Athlete's Picture to Promote Athletics Event in Which the Student-Athlete Participated: The legislative services staff determined that the picture of a currently enrolled student-athlete may be used to promote an event in which the student-athlete previously participated, provided the picture or footage was taken at the time the student-athlete participated in the event and the promotion does not involve the sale of any commercial product containing the name or picture of the student-athlete.
12.5.1.1.5 Schedule Cards. An advertisement on an institution's wallet-size playing schedule that includes the name or picture of 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 picture of the student-athlete.
12.5.1.8 NCAA Championships. The NCAA [or a third party acting on behalf of the NCAA (e.g., host institution, conference, local organizing committee)] may use the name or picture of a student-athlete to generally promote NCAA championships. A student-athlete's name or picture may appear in a poster that promotes a conference championship, provided the poster is produced by a member that hosts a portion of the championship or by the conference.
Educational Column 02/15/02: In general, it is not permissible for institutional nonprinted promotional items (e.g., t-shirts, cups, bobble head dolls) that bear the name, picture or appearance of an enrolled student-athlete with remaining eligibility to include any commercial trademark or logo.
However, during its May 17, 2000, meeting, the Division I Academics/Eligibility/Compliance Cabinet Subcommittee on Legislative Review/Interpretations determined that it is permissible for a student-athlete's name or picture to appear on a nonprinted promotional item (e.g., t-shirts, cups, bobble head doll) that also includes a commercial entity's trademark or logo, provided the only trademark or logo appearing on the item belongs to the commercial entity that manufactured the item. Further, the commercial entity may not be cosponsor of the promotional activity and all other conditions of Bylaw 12.5.1.1 must be satisfied. The subcommittee noted that a commercial entity becomes a cosponsor if the commercial entity is involved, directly or indirectly, in advertising or promoting the activity.
Educational Column: 03/16/88 Institution Game Tickets. The Legislation and Interpretations Committee agreed that the application of Constitution 3-1-(e) permits an institution to utilize a game ticket that has the name or picture of an enrolled student-athlete on the face of the ticket and a commercial company's coupon or advertisement (unrelated to the student-athlete) on the back of the ticket.
Interpretation: 08/05/96. Corporate Trademark/Logo on Billboard: It is permissible for the regular officially registered trademark or logo of a commercial company to appear on a billboard as part of a permissible promotional activity that includes the name or picture of a student-athlete with remaining eligibility, inasmuch as a billboard is considered a printed material as set forth in NCAA Bylaw 12.5.1.1-(b).
12.5.2 Non-Permissible. After becoming a student-athlete, an individual shall not be eligible for participation in intercollegiate athletics if the individual:
(a) Accepts any remuneration for or permits the use of his or her name or picture to advertise, recommend or promote directly the sale or use of a commercial product or service of any kind; or
(b) Receives remuneration for endorsing a commercial product or service through the individual's use of such product or service.
12.5.3 Media.
(a) During the Playing Season. During the playing season, a student-athlete may appear on radio and television programs (e.g., coaches' shows) or engage in writing projects when the student-athlete's appearance or participation is related in any way to athletics ability or prestige, provided the student-athlete does not receive any remuneration for the appearance or participation in the activity. The student-athlete shall not make any endorsement, expressed or implied, of any commercial product or service. The student-athlete may, however, receive actual and necessary expenses directly related to the appearance or participation in the activity. A student-athlete participating in media activities during the playing season may not miss class, except for class time missed in conjunction with away-from-home competition or to participate in a conference-sponsored media day.
(b) Outside the Playing Season. Outside the playing season, a student-athlete may participate in media activities (e.g., appearance on radio, television, in films or stage productions or participation in writing projects) when such appearance or participation is related in any way to athletics ability or prestige, provided the student-athlete is eligible academically to represent the institution and does not receive any remuneration for such appearance or participation. The student-athlete may not make any endorsement, expressed or implied, of any commercial product or service. The student-athlete may, however, receive legitimate and normal expenses directly related to such appearance or participation, provided the source of the expenses is the entity sponsoring the activity.
Proposal 2010-26
IF ADOPTED, would significantly expand a commercial entity’s ability to use the name or likeness of a student-athlete to promote its commercial endeavors.
1.Commercial advertisements (e.g., television ads) could include current student-athlete images as well as the commercial entity’s product. For example, Gatorade could have a television advertisement that featured game clips of current student-athletes. Currently this cannot occur.
2. In-person institutional promotions could occur at commercial locations. For example, an autograph session (as an institutional promotion) could occur at Dick’s Sporting Goods, and Dick’s Sporting Goods would be able to promote the appearance of the current student-athletes. Currently this cannot occur.
3. Printed promotional items could include both the logo of the sponsoring commercial entity and its products. For example, Ford could sponsor an institution’s team poster that features not only the Ford logo, but also student-athletes posing in the back of Ford trucks. Currently this cannot occur.
13.15 Donation Requests
NCAA Bylaw 13.15 prohibits all University staff members from participating in the following activities:
- Donating memorabilia (e.g., jerseys, hats, T-shirts, autographed footballs or basketballs) to any organization/ event/activity that involves/benefits prospect-aged individuals (9th grade – 12th grade and junior college students).
- Participating in any event in which a donation will be provided to a high school, prep school or two-year college.
- Providing any financial contributions to a high school athletics program through participation in a fundraising event (e.g., paying greens fees to participate in a golf outing when any portion of the greens fees will go to benefit a high school athletics program.)
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