e.
Product or service endorsements.
f.
Promotional activities, including in-person events and social media advertisements.
g.
Any other commercial activities that are intended to promote a product or service offered
by, increase the profits of, or otherwise generate financial benefits for a party to the NIL
agreement from the use of the student's name, image, or likeness.
5.
Prohibited NIL Activities - No student engaged in an NIL agreement-related activity shall do any of
the following:
a.
Make any reference to a school, PSU, conference, or administering organization.
b.
Receive compensation for the use of intellectual property of any school, PSU, conference,
administering organization, or the NFHS. Intellectual property includes the name, uniform,
mascot, mark, or logo of the entity that owns the intellectual property.
c.
Appear in the uniform of the student’s school or the school’s sports team, or otherwise display
the intellectual property of any school, PSU, conference, administering organization, or the NFHS.
d.
No student shall endorse or promote the goods or services of any third-party entity with
which the student has entered an NIL agreement during interscholastic athletic competition
or other school-based activities or events. This restriction applies to the wearing of apparel
displaying the mark, logo, brand, or other identifying insignia of the third-party entity, un-
less it is part of the standard uniform for the school or sport.
6.
Prohibited Promotions - No student participating in interscholastic athletics shall enter into an NIL
agreement or otherwise use the student's name, image, or likeness to promote any of the following:
a.
An adult establishment, as defined in G.S. 14-202.10(2), or adult entertainment services.
b.
Alcohol or alcoholic products.
c.
Tobacco, vaping or other electronic smoking devices, or other nicotine products.
d.
Cannabis or cannabis products.
e.
Controlled substances, as defined in G.S. 90-87(5).
f.
Opioids or prescription pharmaceuticals.
g.
Weapons, firearms, or ammunition.
h.
Casinos or gambling, including sports betting.
i.
Activities that would disrupt the operations of a school or PSU.
7.
Reporting Requirements - The athletic director of a participating school shall submit a current copy
of any executed or amended NIL agreement involving a student at the school to any administering
organizations of which the student’s school is a member within 30 days of the disclosure of the exe-
cuted or amended NIL agreement by the student. The administering organization shall maintain
accurate records of all NIL agreements received and provide a summary report of all NIL agree-
ments to the State Board of Education no later than June 30 of each year.
8.
Recruitment and Agency Restrictions - No athletic director, coach, other employee of a PSU, repre-
sentative of an athletic booster club, or representative of an NIL collective shall use the promise of
an NIL agreement to recruit a student to attend a specific participating school or participate in a
specific sport. No athletic director, coach, other employee of a PSU, representative of an athletic
booster club, or representative of an NIL collective shall act as a student's agent or marketing repre-
sentative or otherwise facilitate an NIL agreement between a student and a third party. If the rele-
vant administering organization finds a violation of this Paragraph by a preponderance of the ev-
idence, the administering organization shall impose penalties consistent with its regulations and
with SBE Policy ATHL-012.
9.
Applicability - This Policy shall apply to any NIL agreement that a student or the student's parent or
legal guardian execute during the time the student is enrolled in a PSU, even if the benefits of said
agreement do not accrue to the student or an immediate family member of the student until after
the student has graduated.
NCHSAA Application Note 1.2.13. The requirements set forth in ATHL-008 apply to students at all membership
entities.
(a)
For a student at a member non-boarding parochial school, “school administrators” includes the
governing authority of the non-boarding parochial school.
(b)
An NIL agreement entered into by a student at a non-boarding parochial school shall comply with
ATHL-008, Section 2.c-f if it holds the following parties harmless from any liability related to, or
arising from the NIL agreement:
(1)
The governing authority of the membership entity in which the student is enrolled, as well
as its officers and employees;
(2)
The NCHSAA, as well as its officers and employees;
(3)
The State Board of Education and the Department of Public Instruction, as well as their offi-
cers and employees.
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