Promotional Activities and Fundraising Bylaw 12 and 16 Promotional Activities and Fundraising Maureen Harty Kaitlyn Purcell

Overview Provide participants with the tools to have a better understanding of the promotional activities and crowdfunding legislation. Enhance the participants ability to apply the legislation to situations they may encounter on campus by working through case studies.

Overview (Cont.) Promotional Activities. Fundraising/Crowdfunding. Case Studies.

Promotional Activities Let’s start with talking about Promotional Activities.

Promotional Activity What is a promotional activity? Student-athletes conducting a fundraiser for their winter training trip. Student-Athlete Advisory Committee hosting a Special Olympics event. Student-athletes participating in a direct appeal (e.g., letter writing). An institution using a crowdfunding site to raise funds for student-athletes to participate on a foreign tour. An institution using a student-athlete's photo in social media and/or on the institution's website. An institution conducting a fundraising night at a local restaurant with student-athletes promoting the event.

Promotional Activities (Cont.) Promotional Activity? Yes – NCAA Bylaw 12.5.1.1 No Student-Athlete Involved?

Promotional Activities (Cont.) Who is Involved? Yes – Bylaw 12.5.1.1 Where will the promotional activity take place? What type of promotional activity? Why is it taking place?

Promotional Activities (Contd.) Question Yes No Will the student-athlete miss class? Will the student-athlete accept more than actual and necessary expenses? Did the student-athlete sign a release statement? Were educational materials provided? Did the student-athlete receive written approval? Bylaw 12.5.1.1 – (a), (d), (f), (i), (j)

Promotional Activities (Contd.) Question Yes No Does the language/action encourage the use of product/service? Is the name or picture of student-athlete showing a reproduction of the product? Does the product/logo exceed 25%? Is the commercial entity affiliation explained? (e.g., entity is the official sponsor of the event) Name or picture of student-athlete – reproduction of product? Bylaw 12.5.1.1 – (b), (c)

Promotional Activities (Contd.) Question Yes No Trademark or logo? Feature alcoholic beverages, tobacco, performance-enhancing drugs, gambling? Student-athlete is used to promote the commercial venture of a nonprofit agency? Money goes directly to institution, conference, charitable, educational or nonprofit agency. Items sold with student-athlete’s name, likeness or pictures with institutional control? By whom? Informational? Bylaw 12.5.1.1 – (b), (g), (e), (h)

Promotions – Commercial Locations/Sponsors 1. Does it advertise the presence of student-athlete at commercial location? 2. Is it involved directly or indirectly promoting the activity? Is the commercial establishment a co-sponsor? No Yes

Promotions – Commercial Locations/Sponsors (Cont.) May use the appearance, name or picture of an enrolled student-athlete to promote generally its fundraising activities at the location of a commercial establishment, provided: The commercial establishment is not a co-sponsor of the event; The student-athlete does not promote the sale of a commercial product in conjunction with the fundraising activity. Student-athletes are permitted to distribute information about institutional fundraising activities, even if those activities involve a commercial location or sponsor, as information distribution does not constitute promotion of a commercial product or service. Bylaw 12.5.1.1.1

Promotional Activities - Prize Institutional or noninstitutional promotional activity. Student-athlete, prospective student-athlete (or a member of his or her family) may win a prize if: The prize is won through a random drawing in which all members of the general public or the student body are eligible to participate. Use of athletics ability does not affect the student-athlete’s eligibility. Bylaws 16.11.1.4, 12.5.1.1.4 Hopefully your SAs are supporting one another and attending contests in sports other than their own. Many times you have promotions at these contest. The legislation allows for a SA to participate in these promotions provided he/she is chosen through a random drawing open to the public or student body. So if every student at the basketball game can sign up to shoot a half court shot for a prize, a soccer student-athlete is eligible to register and be chosen at random. If she wins, her eligibility would not be affected.

Crowdfunding

What is Crowdfunding? The practice of funding a project or venture by raising monetary contributions from a large number of people, typically via the internet. Since Crowdfunding is considered a direct appeal, all funds are unearned. Bylaw 12.1.1.1.2

Crowdfunding In all instances athletics staff and boosters MAY NOT donate to a student-athlete or a prospective student-athlete’s crowdfunding site (even if there is no mention of athletics) if the funds go directly to the student-athlete or prospective student-athlete. Bylaw 12.1.3.2

Crowdfunding (Cont.) Effects on a Student-Athlete’s Eligibility: Once a student-athlete becomes aware that his or her name, picture or likeness appears impermissibly on a crowdfunding site, the student-athlete (or the institution) must take steps to stop the activity (e.g., send cease and desist letter), otherwise, the student-athlete loses eligibility. If the student-athlete was involved in setting up an impermissible crowdfunding site AND takes funds from the site, he or she must be declared ineligible and go through the NCAA student-athlete reinstatement process. Bylaw 12.5.1.1.5 Educational Column 11/06/2014

Crowdfunding by Student-Athletes

Crowdfunding by Student-Athletes Division III legislation DOES NOT ALLOW a SA’s or PSA’s name or picture to be used to promote or solicit funds for a commercial product or service. This includes: • Brick-and-mortar business; • Commercial websites; • For-profit crowdfunding sites; and • Other online businesses. Bylaw 12.5.1.4.2 Educational Column 11/06/2014

SA Use of Crowdfunding 1. Use of name or picture to promote or solicit funds for a commercial product. Bylaws 12.1.5.1.4.2 Educational Column 11/06/2014 2. Use of name, picture or athletics reputation to solicit funds if the funds go directly to the SA or PSA Bylaws 12.1.1 and 12.5.1 Educational Column 11/06/2014 3. Fundraising for participation with an outside amateur team if the funds go directly to the SA or PSA. Bylaws 12.1.5.2 (k) and 12.5.1 Educational Column 11/06/2014 4. Fundraising for an outside amateur team if funds go to the general fund. Bylaws 12.1.1 ; 12.1.1.1.1 and 12.5.1 Educational Column 11/06/2014 5. Use of athletics reputation to solicit funds to buy items (e.g., laptop, car). Educational Column 11/06/2014 6. Fundraising to engage in activities (i.e., mission trips), as long as there is no relationship to nor mention of athletics. Bylaws 13.2.2 and 16.02.3 Educational Column 11/06/2014 This is an overview of when and how crowdfunding can and cannot be used by PSAs and SAs . If the scenario in the first column results in an red “thumbs down”, then steer clear as this is not permissible. If the scenario in the first column results in a green “thumbs up”, you can give the OK.

Institutional Use of Crowdfunding

Institutional Use of Crowdfunding An institution may use crowdfunding for institutional fundraisers as long as: Funds are not earmarked for a student-athlete; and Conditions of Bylaw 12.5.1.1 are satisfied (if using student-athlete’s name, picture or appearance). Note: Anyone who donates to an institutional fundraiser becomes an athletics booster of the institution. Bylaws 12.1.1.1.2.1; 12.5.1.1; and 13.02.9 Educational Column 11/06/2014 and 16.02.3 Educational Column 11/06/2014

Institutional Use of Crowdfunding (Cont.) An institution may fundraise for a student-athlete (or relative): Circumstances should be extraordinary and beyond student-athlete’s control (e.g., life-threatening illness or natural disaster); Proceeds must be designated for a specific purpose (e.g., payment of medical bills); Proceeds may be given directly to the beneficiaries – keep receipt on file; and Excess proceeds must be given to a nonprofit – keep receipt on file. Bylaw 16.11.1.13

Institutional Use of Crowdfunding (Cont.) 1. Funds raised for entire team or program. Bylaw 12.5.1.1 2. Funds raised for a particular SA for athletics purposes. Bylaws 12.1.1 and 12.5.1 Educational Column 11/06/2014 3. Funds raised for SA under extenuating circumstances. Bylaw 16.11.1.13

Case Studies

Tulip U after a big win!

Sandy Paula Cassie

Help Kevin Travel to Peru this Summer with his Club Soccer team. Brooks, IN Sports #1. This photo is of Kevin from 8th grade. Is this page permissible?   Kevin is a freshman soccer player at Marigold University. He has the opportunity to travel with his club team to Peru this summer Each club member must pay $5000. All monies raised will go directly to Kevin expenses.

Help Kevin Travel to Peru this Summer with his Club Soccer team. #2. Kevin also plays football at Marigold University and decides to use a football picture but still is raising funds for his soccer trip. Brooks, IN Sports Kevin is a freshman soccer player at Marigold University. He has the opportunity to travel with his club team to Peru this summer Each club member must pay $5000. All monies raised will go directly to Kevin’s expenses.

Help Kevin Travel to Peru this Summer Brooks, IN Education #3. Kevin kept the picture but removed the language about being a student- athlete. Is this site permissible? Kevin is a freshman at Marigold University. He has the opportunity to travel to Peru this summer. Each traveler must pay $5000. All monies raised will go directly to Kevin’s expenses.

Questions?