Name Image and Likeness Definition
Name, image and/or likeness ("NIL") are the three components of a person's "right of publicity." These are independent or collectively identifiable aspects of a person that make them unique, including but not limited to, their name, image, likeness, nickname, signature, social media account, any symbol, name, or design that readily identifies them or any combination thereof.
NCAA Guidance
The NCAA has adopted guidance governing student-athletes' NIL activities (the "NCAA Rules"). The NCAA rules provide that a student-athlete is prohibited from (1) receiving pay-for-play and (2) receiving an improper recruiting inducement.
Wilkes Athletics and our student-athletes must follow the NCAA Rules and these Wilkes guidelines; student-athletes, Wilkes Athletics staff, or other third parties should consult with the Wilkes Compliance Office regarding the NCAA Rules and this policy prior to engaging in NIL activities that involve Wilkes student-athletes.
Name Image and Likeness Activities
Wilkes student-athletes may receive compensation, either in-kind or monetarily, for engaging in NIL activities, subject to the NCAA rules and these Wilkes guidelines. Wilkes student-athletes may engage in NIL activities and receive corresponding compensation from University donors or sponsors so long as the compensation is for the NIL activity and is not a recruiting inducement or an inducement to remain enrolled at Wilkes. Subject to the NCAA rules and these Wilkes guidelines, Wilkes student-athletes may use their NIL in a variety of ways that may include, but is not limited to, promoting their own business, promoting or endorsing a corporate entity (e.g., a brand ambassador or social media influencer); conducting camps, lessons or clinics; making appearances; or signing autographs.
Pennsylvania State Law
Under the Pennsylvania Senate Bill 381 Article XX-K, a student-athlete may not earn compensation as a result of the use of their NIL in connection with a person, company, or organization related to or associated with the development, production, distribution, wholesaling, or retailing of any of the following:
● Adult entertainment products and services;
● Alcohol products;
● Casinos and gambling, including sports betting, the lottery, and betting in
connection with video games, online games, and/or mobile devices;
● Tobacco and electronic smoking products and devices;
● Prescription pharmaceuticals; and
● Controlled dangerous substances.
The Pennsylvania law also permits institutions to prohibit student-athletes from using
the intellectual property of their schools (e.g. names, marks, and logos) for their own brands, from engaging in NIL activities that conflict with existing institutional sponsorship arrangements, or from engaging in NIL-related endeavors that otherwise "conflict with institutional values."
Professional Advisors
Student-athletes may retain and use the services of professional advisors to assist them in their name, image, and likeness activities, such as marketing agents, tax advisors, legal advisors, etc. Student-athletes must pay the normal costs and fees associated with such services.However, student-athletes may not employ an agent for the purpose of negotiating with professional athletic teams or organizations without jeopardizing their collegiate athletics eligibility
University Involvement
The University, including its athletics department and staff members may not compensate or arrange for compensation to be paid to a current or prospective student-athlete for her or his name, image, and/or likeness. In addition, neither the University, the athletics department, nor any staff member may be involved in the development or operation of a current or prospective student-athlete's name, image, and/or likeness activity. It is also not permissible for the University, or third parties hired by the University, to be involved in identifying or securing name, image, and/or likeness opportunities for a current or prospective student-athlete.
Use of Wilkes University and Landmark Conference Intellectual Property
Student-athletes are not permitted to use Wilkes or Landmark Conference intellectual property, including its trademarks, logos, or symbols, to either implicitly or expressly endorse a third party or product without the prior written approval of Wilkes University. A student-athlete may only reference their attendance at the institution and participation in athletics in biographical information. Per NCAA rules, student-athletes may not sell products provided by Wilkes Athletics or awards received for intercollegiate athletic participation while they are a student-athlete.
Team Activities and Academic Obligations
Student-athletes cannot engage in NIL activities during the course of team activities, which include competitions, practices, team gatherings and meetings. Student-athletes also must not allow NIL activities to interfere with their academic obligations.
Use of Wilkes' Facility
Student-athletes may, subject to availability and subject to the terms of a facility use agreement, use Wilkes Athletics' facilities to conduct camps, clinics, or lessons provided the rental agreement is in line with that available to the general-public. Student-athletes may not use Wilkes facilities in such a manner that creates the impression – either express or implied - that Wilkes expressly or indirectly endorses a third party or product, unless prior written approval is obtained from Wilkes University.
Restricted Categories
Student-athletes must not use their NIL to promote gambling, alcohol products, tobacco products, adult entertainment, substances banned by the NCAA, or products or services that are illegal.
A student-athlete may not enter into an agreement with a third party that conflicts with any existing sponsorship agreements. If the institution identifies a conflict between the student-athlete's name, image, and likeness activities and an existing sponsorship agreement, the institution shall inform the student-athlete of such a conflict so the student-athlete has the opportunity to negotiate a revision of name, image, and likeness activities with the third party. That revision is also subject to additional review and approval by the institution.
Student-athletes may not enter into an apparel contract that requires the student-athlete to display a sponsor's apparel, or otherwise advertise for a sponsor, during official team activities if the provision is in conflict with a provision of the student's institution's team contract.
Financial Aid
Student-athletes should be aware that receiving compensation for NIL activities could have an impact on their financial aid, especially for those receiving Pell Grants. Student-athletes are encouraged to consult with the Wilkes Financial Aid office to fully understand these potential impacts.
International Student-Athletes
International student-athletes should discuss how receiving compensation may impact their VISA status with the Office of Global Diversity prior to engaging in NIL activities.
Disclosure of NIL Activities
In the course of their education and participation at Wilkes, student-athletes should disclose any NIL activities to Wilkes Athletics through the NIL Disclosure Form at least 7 days before any NIL contract takes effect so that the Compliance Office can ensure the activity does not jeopardize the student-athlete's eligibility. To access said disclosure form, click here.
