STUDENT-ATHLETES

The University of Arkansas Department of Athletics is proud to announce that our Razorback student-athletes will have the ability to utilize their name, image, and likeness (NIL) rights to receive compensation beginning on July 1, 2021. Beginning January 1, 2022, Razorback student-athletes will follow the Arkansas Student-Athlete Publicity Rights Act (Ark. Code Ann. § 4-75-13).

In order to help protect and educate our student-athletes and remain in good standing with the University and the NCAA, we developed some helpful guidelines and important information to know, as well as Frequently Asked Questions (FAQs) that will help to prepare you to not only understand how to comply with NIL laws and NCAA rules, but also how to create and develop your own personal brand or business and how to make the most of any opportunities that may be presented to you.

LET'S GET STARTED

STEP ONE
Create a NOCAP account. NOCAP serves as the University of Arkansas’ (UA) NIL disclosure/compliance software. This portal will allow you to submit all your contracts for review by the UA.

STEP TWO
Create a Captiv8 profile. Captiv8 allows you or your representative access to the best education, technology, and resources to maximize your name, image, and likeness, connect with businesses and explore potential opportunities for your brand.

STEP THREE
Report your NIL activity via NOCAP. When you are presented with a potential business opportunity, you must disclose the terms, conditions, parties, compensation amounts, etc. on NOCAP at least 72 hours prior to any deal or agreement being signed or entered. Depending on the type of arrangement, you and the third-party you are considering working with must be willing to provide any additional information regarding the arrangement deemed necessary by the UA. Here are a few required disclosures for all agreements:
o Term of the agreement;
o Compensation amounts or value of any products or services to be received;
o Parties to the agreement; and
o Type of endorsement, services or obligations to be provided by you.

STEP FOUR
If at any point a contract or other arrangement is not in alignment with standards as designated by state law, you will be required to hold all action in fulfilling the contract until the contract can be altered to adhere to NIL guidelines.

After the contract is fulfilled (for example, your camp or autograph signing is completed, you made your appearance at a special event, your endorsement video was posted online, a commercial is released, etc.) a copy of the product or a detailed description of the event should be uploaded to the NOCAP portal within 72 hours.

If any of the above requirements are violated, the student-athlete will be subject to restrictions deemed appropriate by the UA. Such restrictions could include, but are not limited to:
o Restriction of commercial use of NIL by SA.
o Disciplinary Procedures outlined in the UA Student-Athlete Handbook:
• Temporary Suspension
• Administrative Review
• Disciplinary Sanctions:
• Reprimand
• Suspension
• Dismissal
o Any other restrictions the UA finds to be appropriate.

I HAVE QUESTIONS

Am I able to partner with companies on the exclusive partners/sponsors of the UA list?
Yes. You are permitted to work with exclusive partners/sponsors of the UA.

What companies can I partner with?
Yes. You are permitted to contract with any company except those in restricted classes (tobacco, alcohol, etc.) , and those that conflict with exclusive partners/sponsors of the UA. There may be a very small group of opportunities to contract with some companies that conflict into exclusive partners, but such exceptions would need to be admitted by the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence.

Will the Athletic Department help me connect with brands and companies?
No. We have partnered with Captiv8, a leading global influencer marketing platform, so that they can help enhance your profile, which will attract brands and companies. But the UA will not create those connections for you. It requires your hard work and dedication to trying to create and find opportunities for your NIL.

Will other people or companies be able to get access to my agreements, business opportunities or their terms or amounts from the UA?
No. The information you are asked to provide to the UA in association with your publicity rights is solely to determine compliance with NCAA rules, state and/or federal laws, and UA policies. As such, the UA considers the information it maintains to be an education record protected from disclosure under the Family Education Rights and Privacy Act, 20 U.S.C. § 1232g (FERPA).

Will an attorney or UA representative be available to negotiate my contracts?
No. You or your personal representative must negotiate contracts on your own.
List of licensed Arkansas attorneys

Will any representative from the UA advise me on which contracts to enter or which terms, amounts or conditions to include?
No. While the UA’s Athletic Department can assist you with general information about the commercial use of publicity rights and share common issues, practices and pitfalls, no UA employee can negotiate, assist or advise you in the selection of your specific contracts, business opportunities, brand representations or the specific terms, amounts or conditions of such agreements. Additionally, the UA is not responsible for ensuring that any required terms and conditions are met, that the agreements are valid or enforceable, that taxes or fees are properly withheld, reported or paid, or that payment on any of your contracts is received. The selection of any contracts and the compliance with any local, state or federal laws and the contract terms or conditions, will ultimately be your responsibility.

How can the UA use my NIL alongside their name, marks and logos?
The UA and the Razorback Foundation retain the right to use the NIL of UA student-athletes to promote the institution and its educational, athletic and other institutional objectives under the Frank Broyles Publicity Rights Protection Act (Ark. Code Ann. § 4-75-1110 (a)(1)(D)).

If someone uses my NIL without my permission, do I have any recourse?
Yes. If you have any other questions, feel free to send them to Terry Prentice, the Senior Associate Athletics Director for Athlete Brand Development and Inclusive Excellence.

I am an international student-athlete, may I engage in NIL activity?
International Student-Athletes should consult with private counsel or the University of Arkansas International Students and Scholars Office (iss@uark.edu) as to whether the Department of Homeland Security (DHS) would consider compensated NIL arrangements as “employment” for purposes of maintaining nonimmigrant status, and if so, whether the student athlete’s immigration status permits such employment. For additional questions, please refer to NAFSA’s NIL rules and regulations.