Wait.. I thought NIL money stood for "name, image, and likeness"? I thought being paid for performance was not permitted.
they get paid for their name, image, etc after their performance
In reality it's just pay to play / pay for performance but cloaked in such a way it's fine
You don’t get to launder pay-for-performance by delaying the check. NIL legality is determined by the reason the compensation exists, not the timing of when the money is paid. If the deal only triggers because an athlete hits a performance mark (e.g., breaks 4:00 or 4:35) then the performance is the true consideration, not the name, image, or likeness. There is no independent NIL value being purchased, no pre-existing marketing agreement, no guaranteed deliverables, no licensing of image rights that exists regardless of outcome. Calling it “payment for NIL after the performance” is just semantic gymnastics. Regulators, courts, and compliance departments look at substance over form, and in substance this is a classic pay-to-play inducement. If this logic were allowed, every banned bonus system in sports could be rebranded as NIL by simply paying athletes after they compete. That loophole does not exist, and pretending it does is either naïve or deliberately dishonest and could affect the kids NCAA eligibility if he accepts this.
They aren't paying for performance. The are offering a NIL to someone who has reached a performance standard. The money isn't for running a 4 min mile. It is for being a 4 min miler who is willing to endorse their brand..
The post wasn't worded that way.
"The first boy to break 4:00....will be earn..."
The lawyers would need to parse out the actual contract, but as it's stated, it would break eligibility rules.
The PR release I read said "you will be eligible for a 40k NIL to promote the product and tell your story". Not sure what you read but I would not be shocked if it gets distorted. And they are specific that they comply with NIL guidelines.
Is this getting pretty borderline? Yep. But it is all wording. Imagine the program was instead we have a 40k/year NIL program for people who have run sub 4 in our shoes. Spaces are limited so apply early. Is that really different than any other brands program?
And in the end this program is already a success. Who the heck cares about this shoe before this? If I was a 4:02 miler I would definitely order a pair, try them out, and if I run 4:01 send them back😁
Not sure how to feel about this. On one hand if I was currently an elite high school runner I would be very excited. But on the other and it feels kind of gross to incentive high school kids with money. High school running should be for fun, not for tens of thousands of dollars.
Kids should be able to make money for themselves and their families with their talent. The idea of the "purity of spirit" behind HS athletics never even existed in the first place when you have guys from broken homes in the hood running at Arcadia. The field was never fair, and whether or not some kid gets paid should be the smaller part of that conversation.
They aren't paying for performance. The are offering a NIL to someone who has reached a performance standard. The money isn't for running a 4 min mile. It is for being a 4 min miler who is willing to endorse their brand..
The post wasn't worded that way.
"The first boy to break 4:00....will be earn..."
The lawyers would need to parse out the actual contract, but as it's stated, it would break eligibility rules.
You said it yourself. The actual post was worded that way, not the contract. As long it doesn't come from the horse's mouth the lawyers will find a way to make it squeak through, especially with all the lawsuits being thrown around about NIL recently.
The lawyers would need to parse out the actual contract, but as it's stated, it would break eligibility rules.
You said it yourself. The actual post was worded that way, not the contract. As long it doesn't come from the horse's mouth the lawyers will find a way to make it squeak through, especially with all the lawsuits being thrown around about NIL recently.
This is missing the core issue. NIL compensation cannot be based on athletic performance, full stop. When a post or public statement ties NIL benefits to results, placement, or competitive outcomes, that’s not semantics, that’s pay-for-play. It doesn’t matter whether that language appears in the contract or “just a post.” Enforcement looks at what’s being promised and why. Conditioning NIL money on performance is impermissible, and recent NIL cases are specifically targeting attempts to dress that up through posts, third parties, or wink-wink language. Calling it “not from the horse’s mouth” doesn’t save it. It confirms it.
You said it yourself. The actual post was worded that way, not the contract. As long it doesn't come from the horse's mouth the lawyers will find a way to make it squeak through, especially with all the lawsuits being thrown around about NIL recently.
This is missing the core issue. NIL compensation cannot be based on athletic performance, full stop. When a post or public statement ties NIL benefits to results, placement, or competitive outcomes, that’s not semantics, that’s pay-for-play. It doesn’t matter whether that language appears in the contract or “just a post.” Enforcement looks at what’s being promised and why. Conditioning NIL money on performance is impermissible, and recent NIL cases are specifically targeting attempts to dress that up through posts, third parties, or wink-wink language. Calling it “not from the horse’s mouth” doesn’t save it. It confirms it.
From the press release:
"Marathon Sports and Diadora are offering a $40K NIL agreement to the first high school boy to break 4:00 in the mile and the first high school girl to run under 4:35 while competing in the Mezzofondo distance spike. Hit that mark, and you become eligible to sign a $40,000 NIL contract with us, promoting the spike, telling your story, and becoming the athlete connected to one of the boldest product launches in the sport."
It's pretty clear that running under 4 is just their standard for an NIL deal. All companies do this, the only difference is that the numbers are just public here. New Balance has their numbers for who they consider for an NIL deal and the requisite payment that comes along with it.
Diadora sells middle distance spikes. They want the best middle distance runners to promote them. Hit the standard, you'll get a deal. Seems clear to me.
Either way, different states have different NIL rules. I'm sure this will fly somewhere that isn't Texas or California.
You said it yourself. The actual post was worded that way, not the contract. As long it doesn't come from the horse's mouth the lawyers will find a way to make it squeak through, especially with all the lawsuits being thrown around about NIL recently.
This is missing the core issue. NIL compensation cannot be based on athletic performance, full stop. When a post or public statement ties NIL benefits to results, placement, or competitive outcomes, that’s not semantics, that’s pay-for-play. It doesn’t matter whether that language appears in the contract or “just a post.” Enforcement looks at what’s being promised and why. Conditioning NIL money on performance is impermissible, and recent NIL cases are specifically targeting attempts to dress that up through posts, third parties, or wink-wink language. Calling it “not from the horse’s mouth” doesn’t save it. It confirms it.
What NIL deal do you think isn't based on past athletic performance? Sure some of the ladies is based on being hot and making sexy Instagram posts but basically 100% of the dudes are getting money for their past athletic performance.
This is missing the core issue. NIL compensation cannot be based on athletic performance, full stop. When a post or public statement ties NIL benefits to results, placement, or competitive outcomes, that’s not semantics, that’s pay-for-play. It doesn’t matter whether that language appears in the contract or “just a post.” Enforcement looks at what’s being promised and why. Conditioning NIL money on performance is impermissible, and recent NIL cases are specifically targeting attempts to dress that up through posts, third parties, or wink-wink language. Calling it “not from the horse’s mouth” doesn’t save it. It confirms it.
What NIL deal do you think isn't based on past athletic performance? Sure some of the ladies is based on being hot and making sexy Instagram posts but basically 100% of the dudes are getting money for their past athletic performance.
True that much of NIL is actually 'pay for play' cloaked in properly worded NIL contracts that pay the athlete, but provide little benefit to the payer.
This one is just poorly worded, and blatantly against the pay for performance concept. My guess is competitive shoe companies send Diodora a 'cease and desist' letter and this promo never comes to fruition.
Given that it is at minimum being discussed here and on instagram, the shoe company may already have their $40k of publicity from this scheme even without a winner.
Next you guys will claim that shoe.companies can't state that they.will sign x number of American high school runners next season because they have pre-established criteria of being a fast runner and being American and being in high school. Hitting 4 minutes is merely a criterion for the NIL deal.
This is missing the core issue. NIL compensation cannot be based on athletic performance, full stop. When a post or public statement ties NIL benefits to results, placement, or competitive outcomes, that’s not semantics, that’s pay-for-play. It doesn’t matter whether that language appears in the contract or “just a post.” Enforcement looks at what’s being promised and why. Conditioning NIL money on performance is impermissible, and recent NIL cases are specifically targeting attempts to dress that up through posts, third parties, or wink-wink language. Calling it “not from the horse’s mouth” doesn’t save it. It confirms it.
From the press release:
"Marathon Sports and Diadora are offering a $40K NIL agreement to the first high school boy to break 4:00 in the mile and the first high school girl to run under 4:35 while competing in the Mezzofondo distance spike. Hit that mark, and you become eligible to sign a $40,000 NIL contract with us, promoting the spike, telling your story, and becoming the athlete connected to one of the boldest product launches in the sport."
It's pretty clear that running under 4 is just their standard for an NIL deal. All companies do this, the only difference is that the numbers are just public here. New Balance has their numbers for who they consider for an NIL deal and the requisite payment that comes along with it.
Diadora sells middle distance spikes. They want the best middle distance runners to promote them. Hit the standard, you'll get a deal. Seems clear to me.
Either way, different states have different NIL rules. I'm sure this will fly somewhere that isn't Texas or California.
Well as a lawyer who’s dealt with NIL, here are the facts.
NIL compensation cannot be contingent on athletic performance or outcomes.
That means NIL money cannot be based on:
1. Times run 2.Wins or losses 3.Placements (e.g., podiums, championships) 4.Statistical achievements 45Making lineups, starting, or earning scholarships 6.Team success tied to participation 7.If payment depends on how well an athlete 8.performs, that is pay-for-play, which is prohibited.
What IS Allowed:
NIL deals must be tied to NIL activities, such as:
1.Social media posts 2.Appearances 3.Autograph sessions 4.Camps or clinics 5.Marketing/content creation 6.Licensing name/image/likeness for ads 7.Payment must be for work performed, not results achieved.
Any public statement offering name, image, and likeness compensation contingent upon the achievement of a specific athletic performance, such as promising a $40,000 NIL deal to the first high school athlete to break four minutes in the mile, constitutes impermissible pay-for-play. NIL compensation must be provided in exchange for bona fide NIL activities (e.g., marketing, appearances, content creation), not conditioned on competitive outcomes, athletic results, or performance benchmarks. The characterization of such an offer as a “challenge,” “bonus,” or promotional incentive is legally immaterial; enforcement authorities apply a substance over form analysis. Where compensation is triggered solely by athletic achievement and would not be paid absent that performance, the arrangement violates NCAA interim NIL policy and applicable state NIL statutes prohibiting performance based compensation and improper inducements.
It almost feels like some of you are trying to twist it to say something it isn't. Dude above me - all those words to explain what NIL is supposed to be for and it feels like you end up at exactly the wrong conclusion. You're conflating an NIL deal with a straight cash payment. Diadora's press release says exactly what you are claiming it should say - the NIL deal will be predicated on social media posts, marketing/content creation, etc. The athlete is not being handed a check for running a fast time, it is simply how they are selecting who they want to sign a contract with.
Is that a bit of a gray area in spirit? Yeah maybe. But it is literally and explicitly a proper NIL/sponsorship contract. As the other guy said above, basically every NIL deal - every fully legit, by the book NIL deal - is predicated on performance, as performance is what makes an athlete inherently marketable. It's based on performance to the exact same degree Langon's is based on performance
"Marathon Sports and Diadora are offering a $40K NIL agreement to the first high school boy to break 4:00 in the mile and the first high school girl to run under 4:35 while competing in the Mezzofondo distance spike. Hit that mark, and you become eligible to sign a $40,000 NIL contract with us, promoting the spike, telling your story, and becoming the athlete connected to one of the boldest product launches in the sport."
It's pretty clear that running under 4 is just their standard for an NIL deal. All companies do this, the only difference is that the numbers are just public here. New Balance has their numbers for who they consider for an NIL deal and the requisite payment that comes along with it.
Diadora sells middle distance spikes. They want the best middle distance runners to promote them. Hit the standard, you'll get a deal. Seems clear to me.
Either way, different states have different NIL rules. I'm sure this will fly somewhere that isn't Texas or California.
Well as a lawyer who’s dealt with NIL, here are the facts.
NIL compensation cannot be contingent on athletic performance or outcomes.
That means NIL money cannot be based on:
1. Times run 2.Wins or losses 3.Placements (e.g., podiums, championships) 4.Statistical achievements 45Making lineups, starting, or earning scholarships 6.Team success tied to participation 7.If payment depends on how well an athlete 8.performs, that is pay-for-play, which is prohibited.
What IS Allowed:
NIL deals must be tied to NIL activities, such as:
1.Social media posts 2.Appearances 3.Autograph sessions 4.Camps or clinics 5.Marketing/content creation 6.Licensing name/image/likeness for ads 7.Payment must be for work performed, not results achieved.
Any public statement offering name, image, and likeness compensation contingent upon the achievement of a specific athletic performance, such as promising a $40,000 NIL deal to the first high school athlete to break four minutes in the mile, constitutes impermissible pay-for-play. NIL compensation must be provided in exchange for bona fide NIL activities (e.g., marketing, appearances, content creation), not conditioned on competitive outcomes, athletic results, or performance benchmarks. The characterization of such an offer as a “challenge,” “bonus,” or promotional incentive is legally immaterial; enforcement authorities apply a substance over form analysis. Where compensation is triggered solely by athletic achievement and would not be paid absent that performance, the arrangement violates NCAA interim NIL policy and applicable state NIL statutes prohibiting performance based compensation and improper inducements.
As stated they are not getting paid for their performance. They are getting paid for their social media post about the experience of breaking 4 in the shoes.
Again this is no different than every other NIL deal where people are paid for past athletic achievements. The company says that it meets NCAA requirements. Is that true? It would need to go to court.
Are they pushing the line? Definitely. Are they over it? Who knows. Again imagine they had an elite program that you could apply to and to get in you had to run sub 4. Is that illegal? What about if you say the benefits of joining are 40k/year and free shoes? The whole thing is stupid in that I can't pay for 10kbfor winning the NCAA. But after you win I can pay you 10k say you won the NCAA in your nikes as social media post.
Well as a lawyer who’s dealt with NIL, here are the facts.
NIL compensation cannot be contingent on athletic performance or outcomes.
That means NIL money cannot be based on:
1. Times run 2.Wins or losses 3.Placements (e.g., podiums, championships) 4.Statistical achievements 45Making lineups, starting, or earning scholarships 6.Team success tied to participation 7.If payment depends on how well an athlete 8.performs, that is pay-for-play, which is prohibited.
What IS Allowed:
NIL deals must be tied to NIL activities, such as:
1.Social media posts 2.Appearances 3.Autograph sessions 4.Camps or clinics 5.Marketing/content creation 6.Licensing name/image/likeness for ads 7.Payment must be for work performed, not results achieved.
Any public statement offering name, image, and likeness compensation contingent upon the achievement of a specific athletic performance, such as promising a $40,000 NIL deal to the first high school athlete to break four minutes in the mile, constitutes impermissible pay-for-play. NIL compensation must be provided in exchange for bona fide NIL activities (e.g., marketing, appearances, content creation), not conditioned on competitive outcomes, athletic results, or performance benchmarks. The characterization of such an offer as a “challenge,” “bonus,” or promotional incentive is legally immaterial; enforcement authorities apply a substance over form analysis. Where compensation is triggered solely by athletic achievement and would not be paid absent that performance, the arrangement violates NCAA interim NIL policy and applicable state NIL statutes prohibiting performance based compensation and improper inducements.
As stated they are not getting paid for their performance. They are getting paid for their social media post about the experience of breaking 4 in the shoes.
Again this is no different than every other NIL deal where people are paid for past athletic achievements. The company says that it meets NCAA requirements. Is that true? It would need to go to court.
Are they pushing the line? Definitely. Are they over it? Who knows. Again imagine they had an elite program that you could apply to and to get in you had to run sub 4. Is that illegal? What about if you say the benefits of joining are 40k/year and free shoes? The whole thing is stupid in that I can't pay for 10kbfor winning the NCAA. But after you win I can pay you 10k say you won the NCAA in your nikes as social media post.
This isn’t a gray area. Dressing a performance bounty up as “content about the experience” doesn’t make it compliant, it just creates evidence of circumvention.
This claim by Diadora crosses the line and creates real risk for a high school athlete. Publicly tying NIL money to a specific athletic performance is exactly what the NCAA says is impermissible, no matter how it’s dressed up as “content” afterward. That puts the athlete, not the brand on the hook if it’s ruled pay-for-play. Don’t take my word for it: ask the NCAA compliance office directly and see what they say. That should tell you everything.