The NIL era: How will Boise State athletes profit from their name, image and likeness?

Innocently enough, Boise State quarterback Hank Bachmeier slipped an endorsement for the Original Pancake House into a conference call with reporters in April.

“That is my spot,” he said while answering a question about the team’s go-to spot for breakfast. “The manager there is awesome, the pancakes are the best in town, in my opinion, and Original Pancake House is my go-to.”

For years, Bachmeier’s ringing endorsement of the local breakfast chain could have violated the NCAA’s rules on amateurism. But it could soon be worth some money for the junior quarterback expected to begin his third season as the Broncos’ starter this fall.

Last Wednesday, the NCAA Board of Governors approved an interim policy that will allow college athletes to monetize their name, image and likeness. It’s the latest development in a debate about compensating college athletes that has raged for years and reached the heights of the U.S. Supreme Court.

For many, paying college athletes in any way flies in the face of what the NCAA has stood for during its 115-year history. Boise State compliance director Matt Brewer counted himself among them until a little more than a year ago when he really started digging into what name, image and likeness means.

“When it comes to pay-for-play, I’m so fundamentally against it because it goes against what college athletics are about and why I got into the industry,” Brewer told the Idaho Statesman last month. “But separating it from name, image and likeness was the first step. You’re using your own personal name, and why shouldn’t you be able to use your name to make money?”

The NCAA remains committed to prohibiting athletes from receiving any improper benefits, but the Division I Council had to act now because the floodgates have opened. NIL legislation has already been passed in 23 states, according to Business of College Sports, and laws went into effect in 13 states on July 1.

Idaho is one of at least 10 states with no NIL legislation on the books.

What is NIL?

Name, image and likeness legislation refers to an athlete’s ability to use his or her personal brand to make money through endorsement deals.

Athletes won’t be able to use Boise State’s logo or facilities in advertisements, Brewer said, but they will be able to endorse a product or company in commercials or on social media and advertise their services in other business ventures, such as being a personal trainer, without fear of punishment from the NCAA.

Players have previously been allowed to offer private lessons, but advertising was limited to word of mouth. They won’t be able to use Boise State’s facilities, Brewer said, but now they’ll have the freedom to advertise their services.

“It’s a whole new world,” Brewer said. “Athletes are going to have control of their brand, and now they’re really going to be able to harness it.”

There are no federal NIL laws, and until now, the NCAA was dragging its feet on passing sweeping legislation. The Division I Council’s proposal to the Board of Governors included loose guidelines: only engaging in NIL activities that comply with state laws, allowing athletes to hire professional brand managers and suggesting athletes should report endorsements to their school — but specific regulations are going to be left up to each school.

Boise State’s policies are still being ironed out, but Brewer did lay out a few regulations, in addition to not using the Boise State logo:

▪ Athletes won’t be allowed to endorse alcohol, tobacco, gambling or marijuana companies.

▪ All endorsement deals will be vetted by the university to ensure they adhere to state and school regulations and that athletes are receiving fair market value.

Brewer has been digging into how to best prepare for the NIL era since January 2020, when he formed a task force at Boise State to study the impact it will have on athletes. The committee includes coaches, staff, athletes, faculty members and marketing reps, and he hopes to include some donors in the future.

The U.S. Supreme Court paved the way for college athletes to begin making money on June 21 when it upheld a lower court’s ruling in Alston v. NCAA that the organization’s restrictions on how schools compensate athletes for “education-related benefits” violate antitrust laws.

That’s not the only legal battle the NCAA has found itself in that has to do with paying athletes. Last Thursday, a federal judge in California refused to dismiss an antitrust suit in House v. NCAA, which was brought by current college athletes who are challenging the NCAA’s ability to put any limits on their ability to earn money from their name, image and likeness.

Boise State finds replacement for QB Houser in 2022 class; Broncos receive historic gift

It’s a social media world

Brewer sees athletes making most of their money through social media posts endorsing companies or brands. He said it’s hard to put a number on exactly how much a player could make, but a study showed Oklahoma quarterback Spencer Rattler was worth as much as $740,000 a year on his social media presence alone, according to Opendorse, a technology-based social media firm.

Athletes around the country haven’t wasted any time taking advantage of the new rules. Florida State quarterback McKenzie Milton and Miami quarterback D’Eriq King launched Dreamfield — a company that helps pair athletes with businesses to facilitate in-person appearances.

Milton and King are charging $2,000 an hour, according to their website. Other athletes are charging anywhere from $18 an hour to $10,000 an hour in the case of Ole Miss quarterback Matt Corral. King also signed endorsement deals with two Tampa-based companies — College Hunks Hauling Junk & Moving and Murphy Auto Group — that will pay him more than $20,000 a year.

Mission BBQ, a national restaurant chain, sponsored every offensive lineman on Notre Dame’s roster, and American Top Team — a chain of mixed martial arts gyms, based in Florida — sponsored every player on Miami’s roster, offering each an endorsement deal worth $6,000 a year.

Don’t expect many Boise State athletes to be raking in that kind of cash, especially not right away. Milton helped position himself for this move by building a massive audience on social media. He has more than 70,000 followers on Instagram and more than 12,000 on Twitter. Gabriel has more than 19,000 followers on Instagram and more than 8,000 on Twitter.

“These kids have grown up with social media, and they’re so savvy with it,” Brewer said. “And it’s a fact that if Boise State basketball posts a video of a player dunking, it will get 10 times the views if the player posts it on their personal account.”

It won’t just be players at Power Five schools making money. UCF quarterback Dillon Gabriel launched his own clothing brand called Dedicated to Greatness.

Some of the top athletes in the Mountain West are already cashing in, including Fresno State women’s basketball players Haley and Hanna Cavinder, who have signed endorsement deals with Boost Mobile and Six Star Nutrition. The twin sisters have nearly four million followers combined between TikTok and Instagram.

Haley Cavinder — the reigning Mountain West Player of the Year — has 264,000 followers on Instagram alone. The twins’ combined TikTok has 3.4 million followers.

“It only takes about 3,000 followers to monetize promotions,” Brewer said.

There is money to be made by the Broncos. Tight end Riley Smith has more than 5,600 followers on Instagram. Running back Tyler Crowe isn’t far behind with more than 5,400. Wide receiver Khalil Shakir — perhaps the team’s best player — has 4,600, and freshman wide receiver Kaden Dudley already has more than 4,000.

Those numbers drop precipitously on Twitter, where Bachmeier has one of the largest followings on the team with more than 3,500 followers.

Ahead of the curve

In an effort to help athletes get the most out of their social media accounts, Boise State signed a three-year deal with INFLCR, a company that uses its digital platform and mobile app to help athletes build their brands.

Athletes across all sports will have access to photos, videos and graphics through the app that can be used in social media posts, and the company uses algorithms to define fair market value for endorsements based on a player’s following.

INFLCR has also provided educational tools to ensure athletes are properly and safely leveraging their social media presence and tools to assess the reach and effectiveness of certain posts.

With athletes now potentially making money, Boise State also wanted to make sure they have the tools to properly manage it. So the university partnered with Team Altemus — a financial management firm committed to educating athletes on taxes, accounting and properly vetting contracts.

“We know there’s a big opportunity here for Boise State,” Brewer said. “People don’t understand how powerful our brand is, and even though they can’t directly use our logo, we want to prepare our athletes to take full advantage of their brand.”

The final piece of Boise State’s preparation for the NIL era is a deal with NOCAP Sports, which was announced June 28. The company helps Boise State’s compliance office automate the monitoring of NIL opportunities to ensure they meet university and national guidelines.

Like many athletic departments around the country, Boise State has been busy preparing its athletes for the NIL era.

“The student-athlete experience has been and always will be the highest priority for our department,” Boise State Athletic Director Jeramiah Dickey said in a June 30 news release. “We will constantly and consistently seek new opportunities to positively impact what we are able to provide the young men and women who choose to become Broncos.”

Like college students all over the country, Bachmeier does what he can to make a little extra money during the summer, including working at a car wash owned by teammate Tyler Eiguren’s family, the BSU quarterback told reporters last November.

Bachmeier might soon make a habit out of dropping the names of his favorite restaurants during press conferences, though, and he might just make enough money that he won’t need to get a job in the offseason.

▪ What if the NIL era had begun 20 years ago? Which former Boise State football player would have cashed in the most while in college? Vote in our survey below or follow this link if you don’t see it on your screen.