Name Image and Likeness Resources
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Suzette McQueen: Deputy Athletics Director/Senior Women's Administrator Contact for: NIL brand and licensing questions |
SMcQuee1@kent.eduย | 330-672-2256 | |||
| Opendorse: NIL Opportunities | Kent State Opendorse |
NIL Questions and Answers
Q: Do I have to disclose my NIL opportunity to my institution?ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย ย
A: Yes, student-athletes are required by law to complete a NIL Disclosure Form. Click Here to go to the NIL Disclosure Form. Include a copy of the student-athletes written NIL agreement, contract, or a summary detailing the verbal agreement between the student-athlete and entity.ย Theย disclosure form and agreementย must be provided in advance of beginning any NIL activity and emailed toย ptizio@kent.edu
Q: Can I promote that I am a student-athlete at Kent State University?
A: Yes, but student-athletes may not earn any NIL compensation that is contingent upon enrollment or continued enrollment at Kent State University or any other specific collegiate institution.
Q: Can a Kent State Athletic booster/donor provide me with an NIL opportunity?
A: Yes, athletic boosters/donors may provide student-athletes with NIL opportunities. However, as with all NIL opportunities, the opportunity must involve work actually performed on the part of the student-athlete (quid pro quo agreement).ย Accepting payment for work not actually performed in the NIL agreement may be considered an extra benefit violation.
Q: Are there prohibited categories for NIL activities?
A. Yes, student-athletes at Kent State University are public representatives of the university and may not engage in any activity, especially NIL activities that are contrary to the universities mission and values. These categories include but are not limited: any company/brand that manufactures, markets, sells, or is associated with; a controlled substance, marijuana product (medical or recreational), tobacco products (including electronic smoking devices and vapor products), adult entertainment, and casino or any entity that sponsors/promotes gambling.
Q: Can an individual not related to me (i.e., non-family members) provide me with entertainment (i.e. a day at the lake, meals, etc.) unrelated to NIL activities?
A: No, providing entertainment unrelated to NIL would be considered an extra benefit. Receiving extra benefits will result in an NCAA violation.
Q: Can I be compensated for any NIL activities during team mandated activities?
A: No. Student-athletes are prohibited from participating in NIL activities from the time they report for any team activity until they are released by the appropriate institutional authority. Activities include, but are not limited to; practice, meetings, weights, film sessions, any competition on or off campus and associated travel.
Q: Can my NIL terms (written or verbal) dictate what I wear or what equipment I use during practice and/or competition?
A: No. You are required to wear team-issued gear and use team-issued equipment during all CARA related activities.
Q: Can my NIL terms (written or verbal) state I will get a bonus for winning a Championship?
A: No. Student-athlete cannot get paid for how well they play/perform. Pay-for-play compensation will result in an NCAA violation.
Q: Can I use university branded attire or material during promotional events or include the Kent State University logo in my activity?
A: Student-athletes, like all other students/employees, may not use Kent State logos, trademarks, or any other intellectual property, without proper licensing approval.ย This includes photos/videos of the student-athlete that contain Kent State intellectual property, regardless of how you obtained the photo.ย Student-athletes must contact Suzette McQueen (smcquee1@kent.edu) regarding requests to use a Kent State marks for any NIL activity.
Q: Do I have to pay taxes on my NIL earnings?
A: Possibly. NIL compensation may be considered taxable income, and student-athletes should consult with a tax professional regarding filing their earnings.
Q: If I earn NIL money, could my Pell Grant change?
A: Potentially. NIL compensation may be considered taxable income. Due to this, Pell Grant, federal aid, and/or other need-based aid could be impacted by NIL activities.
Q: Can I use a professional services provider (e.g. attorney, brand advisor, or agent) for NIL activity?
A: Yes, student-athletes may use the services of professional advisors to assist them with their NIL activities. These advisors include: marketing agents, tax advisors, and legal advisors. Kent State University cannot provide these services except services that are available to all Kent State students (e.g., Student Legal Services). Student-athletes must pay the normal costs and fees associated with these services.ย Student-athletes may not employ an agent for the purpose of directly or indirectly negotiating with professional athletic teams or organizations, or for the sole purpose of marketing their athletic ability or reputation to a professional team or organization. Hiring such reputation may jeopardize the student-athletes amateurism.
NIL Questions and Answers-International Student-Athletes
International student-athletes should be aware, your F-1 or J-1 student visa could be impacted by your NIL activities. Questions should be directed to Jef Davis, Ph.D., Associate Director of International Student & Scholar Services in the Office of Global Education (jdavi202@kent.eduย or 330-672-7980). NIL compensation for international student-athletes may also be considered taxable income and you should consult with a tax professional regarding filing their earnings.
Q: May I receive payment to appear in a commercial or endorse a commercial product?
A: No, not if the service is performed in the United States.
Q: May I receive compensation for personal appearance at an event?
A: No, not if the appearance/event is in the United States.
Q: May I receive compensation for signing an autograph?
A: No, not if you are signing in the United States.
Q: May I establish my own business selling products and services?
A4: No, not in the United States.ย Note: An F-1 student can invest in the United States (e.g., buy stock in a company), but cannot receive income or remuneration as a result of providing services to any company, INCLUDING one owned by the F-1 student.
Q: May I sell institutional awards (rings, apparel, etc.) once I have finished my athletics eligibility?
A: Yes, an F-1 student may sell personal possessions, provided this is not undertaken as a regular business or trade.
Q: May I use my NIL in connection with a personal crowdfunding page to raise money or my personal experience expenses or family hardships?
A: If the page is set up while the student-athlete is outside the U.S. and no further activity is undertaken related to promotion of the page while in the U.S., then this activity may be permissible. However, the U.S. government may consider active operation\updating\promotion of such a page while in the U.S. to be no different than operating a business for income.
Q: May I use my NIL in connection with a personal crowdfunding page to raise money for charity?
A: Yes, provided you receive no compensation or benefit from the charity in any way
NIL Questions and Answers-Boosters
Kent State Athletic boosters are an integral part of the department and nothing in theย Ohio Executive Orderย prohibits their involvement in NIL opportunities with student-athletes. However, NCAA rules restricting preferential treatment, extra benefits, recruiting inducements and contact restrictions still apply to NIL arrangements and extra caution should be observed.
Any questions about NIL should be directed to Phil Tizio โย ptizio@kent.edu
Q1: How do I know if I am considered Booster?
A1: The NCAA defines a booster as any individual, independent agency, corporate entity (e.g. apparel or equipment manufacturer) or other organization who: has participated in or is a member of an agency or organization promoting the institution's athletic program, has made a financial contribution to the athletic department or The Golden Flashes Club (TGFC), has assisted or is currently assisting in providing benefits to an enrolled student-athlete or their family members, or has been involved in otherwise promoting the institution's athletic program.
Q2: What are NIL activities?
A2: NIL activities include, but are not limited to: social media endorsements, commercials, appearances, autograph signings, and other similar activities in which a business, brand, product or service is promoted.
Q3: What is an extra benefit?
A3: The term "extra benefit" refers to any special arrangement by an institutional employee or booster to provide the student-athlete or his or her family members or friends with a benefit not expressly authorized by NCAA legislation. This includes but is not limited to meals, entertainment, transportation (e.g. flights, use of car) and loans.
Q4: Does the institution need to be notified of the NIL opportunity?
A4: Yes, student-athletes are required by law to complete a NIL Disclosure Form. While you may remind the student-athlete they are required to disclose the NIL opportunity, this is the responsibility of the student-athlete and you cannot complete this for them. Disclosures must include a copy of the student-athletes written NIL agreement, contract, or a summary detailing the verbal agreement between the student-athlete and entity.ย The disclosure form and agreement must be provided in advance of beginning any NIL activity and emailed to ptizio@kent.edu
In accordance with theย Executive Order 2021-10D, Kent State will review the agreement to determine if a conflict exists with any current Kent State University contracts and the proposed agreement, or if the NIL activity falls under the restricted categories.
Q5: Can a Kent State coach or staff member provide me a student-athlete's contact information for NIL purposes?
A5: No. Kent State NIL policy prohibits University employees from compensating or facilitating compensation to a student-athlete, a prospective student-athlete, or their family members for NIL activities. While it is permissible for a booster to compensate a student-athlete for NIL activities, University employees may not be involved in arranging NIL activities. Individuals interested in contacting student-athletes for NIL deals may do so directly (link to directory) or by completing the form here for interested businesses.ย
Q6: What if a University employee is also an Golden Flashes Club (TGFC) member? Can University employees compensate student-athletes for use of their NIL?
A6: No. University employee status supersedes TGFC member status. An institutional employee may not personally compensate student-athletes for use of their NIL nor may they create or facilitate compensation opportunities for the use of a student-athletes' NIL.
Q7: Can a booster provide NIL compensation to a high school recruit, so they will attend Kent State?
A7: No. Ohio Executive Order prohibits the recruitment of a prospective student-athlete with NIL opportunities or the promise of NIL opportunities. Additionally, any compensation provided as a recruiting inducement to attend Kent State remains impermissible.
Q8: Can I arrange for a student-athlete to promote a business I own or work at?
A8: Yes, that is a permissible NIL arrangement. Student-athletes are required to disclose all NIL activities to the compliance office by using the NIL Disclosure Form provided by the department, along with their written NIL agreement.ย The disclosure form and agreement must be provided in advance of beginning any NIL activity.ย In accordance with theย Executive Order 2021-10D, Kent State will review the agreement to determine if a conflict exists with any current Kent State University contracts and the proposed agreement, or if the NIL activity falls under the restricted categories.
Q9: Can a booster provide a student-athlete with non-cash compensation (free meal, discount, etc.) for a permissible NIL activity?
A9: Yes, in-kind compensation is permissible, provided the student-athlete has completed the promotion and disclosed the agreement to the University. It remains impermissible to provide payment of any kind to a student-athlete for work not performed.
Q10: Can a booster provide a student-athlete entertainment (i.e. a day at the lake, meals, etc.) unrelated to NIL activities?
A10: No, providing entertainment unrelated to NIL would be considered an extra benefit and would negatively impact the student-athlete's eligibility.
Q11: Are there prohibited categories for NIL activities?
Yes, student-athletes at Kent State University are public representatives of the university and may not engage in any activity, especially NIL activities that are contrary to the universities mission and values. These categories include but are not limited: any company/brand that manufactures, markets, sells, or is associated with; a controlled substance, marijuana product (medical or recreational), tobacco products (including electronic smoking devices and vapor products), adult entertainment, and casino or any entity that sponsors/promotes gambling.
Q12: Can a student-athlete use university branded attire or material during promotional events (e.g., student-athlete filming endorsement ad while wearing a Kent State shirt)?
A: Student-athletes, like all other students/employees, may not use Kent State logos, trademarks, or any other intellectual property, without proper licensing approval.ย This includes photos/videos of the student-athlete that contain Kent State intellectual property, regardless of how you obtained the photo.ย Student-athletes must contact Suzette McQueen (smcquee1@kent.edu) regarding requests to use a Kent State marks for any NIL activity.
Q12: Can a booster compensate a student-athlete for an autograph in the lobby of the team hotel at an away game?
A: A: No. Student-athletes are prohibited from participating in NIL activities while required to be present for official team activities, including, but not limited to; practice, meetings, weights, film sessions, scrimmages, or competition on or off campus.
Q13: Can a booster purchase a game-worn jersey from a student-athlete?
A13: No. Student-athletes may not sell or exchange for another item of value institutionally issued apparel, equipment, awards, etc. (even if it will not be re-used) until they have exhausted their eligibility.
Creating Your Own Brand
1. Kent State is not permitted be involved in your personal brand or endorsements. As a result, photos, and images you are using to promote your personal brand, or another company cannot contain visible logos, marks, or other intellectual property of Kent State, Under Armour, or the Mid-American Conference without prior permission.
2. Wear clothing that does not have any trademarks visible, unless the trademark is associated with the product you are endorsing in the advertisement.ย
3. If you endorse a product, the endorsement should reflect your honest opinions, beliefs, or experiences with the product. Do not endorse a product you do not like.
4. Do not appear in an advertisement that suggests you use the endorsed product unless you actually use the product.
5. Do not make statements about products that you know to be untrue.
Q1: Can I have my own website that sells my own personal branded products?
A1: Yes, as long as the website does not utilize images of (1) yourself in uniform, (2) yourself in Kent State (or third party) branded gear, or (3) University Facilities including athletic fields/stadiums. Personal branded products cannot include Trademarks or other indicia of Kent State University or images of yourself in uniform.
Q2:ย Can I sell (or contract with a third party to sell) apparel featuring an image of myself in a navy blue/gold uniform?
A2: No, unless you get a license from Kent State University. Kent State's navy blue/gold colors, and other indicia on uniform, create an association with the University and cannot be used for NIL related activities or on your own personal website offering product for sale.
Q3: Can I refer to myself as a Kent State University student-athlete?
A3: Yes, you can print a statement concerning your association with the University (e.g., Kent State University Quarterback, Kent State University gymnast, Kent State University athlete) as long as the statement above is accurate and is not made to stand out relative to other printed words in the advertisement or on your own personal website (e.g., same font and size text).
