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NCAA Bylaw 12.5.1.1

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 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: (Revised: 1/11/89, 1/10/91, 1/10/92)

(a) The student-athlete receives written approval to participate from the director of athletics (or his or her designee who may not be a coaching staff member), subject to the limitations on participants in such activities as set forth in Bylaw 17; (Revised: 1/11/89, 4/26/01)

(b) 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, telephone number and Web site address may be included with the trademark or logo. Personal names, messages and slogans (other than an officially registered trademark) are prohibited; (Revised: 1/11/89, 1/10/91, 5/6/08)

(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; (Adopted: 11/12/97)

(d) The student-athlete does not miss class; (Revised: 1/11/89)

(e) All moneys derived from the activity or project go directly to the member institution, member conference or the charitable, educational or nonprofit agency; (Revised: 1/11/89, 1/10/92)

(f) The student-athlete may accept actual and necessary expenses from the member institution, member conference or the charitable, educational or nonprofit agency related to participation in such activity; (Revised: 1/11/89, 1/10/92, 4/28/05)

(g) The student-athlete's name, picture or appearance is not used to promote the commercial ventures of any nonprofit agency; (Adopted: 1/10/92)

(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, institutionally controlled (owned and operated) outlets or outlets controlled by the charitable or educational 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; and (Adopted: 1/16/93, Revised: 1/9/96, 4/27/06 effective 8/1/06)

(i) The student-athlete and an authorized representative of the charitable, educational or nonprofit agency sign a release statement ensuring that the student-athlete's name, image or appearance is used in a manner consistent with the requirements of this section. (Revised: 1/11/89, 1/10/92)

Distribution of commercial items related to charitable or educational promotions

Third-party distribution of commercial items with names or pictures of enrolled student-athletes related to charitable or educational promotion. It is not permissible for a third-party distributor (e.g., commercial establishment) to sell commercial items (e.g., trading cards, posters, calendars) with the names or pictures of enrolled student- athletes with eligibility remaining in conjunction with a charitable or educational promotional activity. The charitable or educational organization may sell commercial items with names or pictures of enrolled student-athletes with eligibility remaining only at outlets controlled by the charitable or educational organization (e.g., location of the charitable or educational organization, site of charitable event) or the member institution at which the student-athlete being utilized in the promotion is enrolled. (References: 12.5.1.1; Council 10/8/90, Item No. 11-b; IC 8/6/91, Item No. 3)