18.104.22.168 Institutional, Charitable, Education 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 or 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 22.214.171.124) 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 listed in this section.
Anytime a student-athlete participates in any institutional, charitable, educational or non-profit promotional activity, the student-athlete must obtain PRIOR written approval. This approval may be obtained by having the student-athlete complete the promotional activity release form from Robert Miles.
126.96.36.199 Fund Raising for High School Athletics Program
An institution may not provide funding, directly or through paid advertisements, to benefit a high school athletics program, prospects or club teams with prospects.
Interpretation: Fundraising Activities for an Orphanage.
It is permissible for an institution to donate items (e.g., autographed balls) to assist an orphanage in its fundraising activities (even if the orphanage includes some prospective student-athletes), provided:
- The institution is not recruiting any prospect enrolled at the orphanage at that time;
- The assistance is not earmarked for a particular prospect; and
- Such donations or contributions are offered in conjunction with the orphanage’s regular fundraising activities (11/13/98 Staff)
Interpretation: Use of Institutional Memorabilia to Raise Funds to Assist Prospective Students.
A member institution may not donate institutional memorabilia (e.g., jerseys, hats, T-shirts) to any organization for purposes of being auctioned to raise funds to provide financial assistance to high-school students to attend the collegiate institutions of their choice. (6/6/91 Official)