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

2. 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.

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

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

5. 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.

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

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

8. 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 – (a), (d), (f), (i), (j)

9. 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 – (b), (c)

10. 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 – (b), (g), (e), (h)

13. 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

14. 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

15. 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 ,
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.

17. Crowdfunding

18. 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

19. 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

20. 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
Educational Column 11/06/2014

21. Crowdfunding by Student-Athletes

22. 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
Educational Column 11/06/2014

23. SA Use of Crowdfunding
1. Use of name or picture to promote or solicit funds for a commercial product.
Bylaws
Educational Column /06/2014
2. Use of name, picture or athletics reputation to solicit funds if the funds go directly to the SA or PSA
Bylaws and
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 (k) and
Educational Column /06/2014
4. Fundraising for an outside amateur team if funds go to the general fund.
Bylaws ; and
Educational Column /06/2014
5. Use of athletics reputation to solicit funds to buy items (e.g., laptop, car).
Educational Column /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 and
Educational Column /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.

24. Institutional Use of Crowdfunding

25. 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 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 ; ; and
Educational Column 11/06/2014 and
Educational Column 11/06/2014

26. 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

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

28. Case Studies

29. Tulip U after a big win!

32. Sandy
Paula
Cassie

33. 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.

34. 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.

35. 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.

36. Questions?