The Ocean State University (OSU) field hockey team won its first ever NCAA Championship this past weekend. BIG Burgers, a local restaurant and long time supporter of the program, wants to purchase a billboard advertisement to honor the team. The congratulatory sign will include the restaurant’s name as well as a team picture with the trophy and a picture of Kookaburra, the student-athlete that scored the winning goal.
Is it permissible for BIG Burgers to purchase such an advertisement?
Yes with conditions. NCAA Bylaw 220.127.116.11 states that it is permissible for a student-athlete’s name or picture, or the group picture of an institution’s athletics squad, to appear in an advertisement of a particular business, commercial product or service, provided: (Revised: 11/1/07 effective 8/1/08, 5/21/08)
(a) The primary purpose of the advertisement is to publicize the sponsor’s congratulations to the student-athlete or team;
(b) The advertisement does not include a reproduction of the product with which the business is associated or any other item or description identifying the business or service other than its name or trademark;
(c) There is no indication in the makeup or wording of the advertisement that the squad members, individually or collectively, or the institution endorses the product or service of the advertiser;
(d) The student-athlete has not signed a consent or release granting permission to use the student-athlete’s name or picture in a manner inconsistent with the requirements of this section; and
(e) If the student-athlete has received a prize from a commercial sponsor in conjunction with participation in a promotional contest and the advertisement involves the announcement of receipt of the prize, the receipt of the prize is consistent with the provisions of Bylaw 18.104.22.168.3 and official interpretations.
Jennifer M. Condaras
Deputy Commissioner, NCAA Relations & Administration
Colonial Athletic Association
The opinions expressed in the Daily Compliance Item are the author’s and the author’s alone, and are not endorsed by The COLONIAL ATHLETIC ASSOCIATION or JumpForward. The Daily Compliance Item is not a substitute for a compliance office, case specific research, or the NCAA Bylaws. Do some homework, ask around, and get it right.