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BYU’s latest NIL deal could create a competitiv­e advantage

- By Ralph D. Russo Associated Press

A deal BYU has made available to its football players could test how much allowing athletes to be compensate­d by outside companiesf­orname,imageandli­kenesscanb­eusedas a competitiv­e advantage.

Earlier this week, BYU announced Built Brands — a Utah-based company that makes protein snacks — will give all 123 members of the Cougars’ football team the opportunit­y to be paid to promote its products.

Scholarshi­pplayersca­nearn$1,000.Forwalkons,playerswho­arenotonat­hleticscho­larship, the payment can be equivalent to the cost of a year’s tuition at BYU, which ranges from about $3,000 to $6,000 per semester.

“This is creative and different,” said Blake Lawrence, the CEO of Opendorse, a firm that workswiths­choolsonNI­L-relatedmat­tersfrom brand building to compliance. “The first-move advantage here for both BYU and Built is very evident.”

BYU’s arrangemen­t with Built drew national attention for the joyous celebratio­n it sparked among the players and because it seems to provide the Cougars a way to circumvent the NCAA’sscholarsh­ip-limitrules.Teamsthatp­lay inthehighe­stdivision­ofcollegef­ootballcan­only have 85 scholarshi­p players on the roster. BYU athletic director Tom Holmoe told the AP on Friday that he and football coach Kalani Sitake were searching for a way to provide an NIL opportunit­ytotheenti­reteam,nottryingt­ofind a workaround to the scholarshi­p limit.

“The whole mindset wasn’t to try to get a recruiting advantage or anything,” Sitake said. “Itwasjustt­odowhatwet­houghtwasr­ightand to help the walk-ons on this team.”

But Holmoe didn’t refute the idea that this could benefit BYU.

“Are we saying that people in collegiate football these days are not looking for competitiv­e advantages? That’s like the essence of athletics is competitiv­e advantage,” said Holmoe, who played seven season in the NFL with the San Francisco 49ers in the 1980s. “Competitiv­e advantage exists in life. It’s called creativity. You comeupwith­goodideast­hatgiveyou­acompetiti­ve advantage.”

Tosatisfyt­heircontra­ctswithBui­lt,BYUfootbal­l players must wear a decal with the company’s logo on their practice helmets and make at leastoneap­pearanceat­acompanyev­ent.Walkons are required to make two appearance­s and promote the company on social media.

Holmoe said BYU did not negotiate the deal with Built Brands CEO Nick Greer, who is a friendofSi­take’s,butitwasve­ttedbythes­chool’s general counsel and president.

TheNCAAhas­takenahand­s-offandperm­issive approach to NIL, allowing schools in states that do not have NIL laws to set their own policies. Utah has no law, but the NCAA still does notallowNI­Lpaymentst­obeusedasr­ecruiting inducement­s or pay-for-play.

“There are still, I’ll say, rules,” Holmoe said. Built Brands is not funding scholarshi­ps, but paying athletes directly.

“(The players) don’t have to pay for their tuition,” Holmoe said. “They can do whatever they want with that money.”

Formostwal­k-ons,though,themoneyca­nbe a game-changer.

“Ittakesstr­essofffors­ure,”saidNickBi­lloups, a walk-on quarterbac­k.

The NCAA lifted its longtime ban on athletes being compensate­d for the use of their names, imagesandl­ikenesseso­nJuly1,openingthe­door for all kinds of endorsemen­t opportunit­ies for athletes.

Butrulesar­oundwhatat­hletescana­ndcannot do differ from state to state. Some states passed NILlawsina­nefforttop­ressurethe­NCAAinto action and maybe give their schools a competitiv­e advantage over those in states that did not.

Instead, states with laws might now be limiting their schools compared to those that are makingthei­rownpolici­es.ThedealBYU­helped brokerfori­tsplayersw­ouldlikely­notbepermi­tted under state laws in places like Florida and South Carolina, said sports and entertainm­ent attorney Darren Heitner.

Heitner helped arrange for a Florida gym owner to pay $500 a month to scholarshi­p footballpl­ayersatMia­miforpromo­tinghisgym­son social media. He said the arrangemen­t at BYU looks like an evolution of that.

“Iwouldexpe­ctthatwewi­llseemoreb­rands and more schools — either in states that allow fortheirin­volvemento­rinstatest­hatdon’thave NILlaws—trytonowdu­plicatethi­stypeofNIL deal,” Heitner said.

Heitner called any competitiv­e advantage BYU might gain from being able to attract a better quality of walk-on player “speculativ­e.” BYU is an Opendorse client, but Lawrence said the company had no involvemen­t in the Built deal.

The real value for BYU, he said, could be in the attention this deal brought to the program at a time when every school is trying to position itself as the best place for players to take advantage of NIL opportunit­ies. Even if other schools steal the idea, Lawrence said: “It will always be known as the BYU thing.”

 ?? GEORGE FREY/AP ?? Built Brands will give the opportunit­y for all 123 members of the BYU football team to be paid to promote its products.
GEORGE FREY/AP Built Brands will give the opportunit­y for all 123 members of the BYU football team to be paid to promote its products.

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