O'Bannon, Jr. v. National Collegiate Athletic Association et al

Filing 255

Defendant NCAA's Notice of Motion and Motion to Admit Exhibits by National Collegiate Athletic Association (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Proposed Order)(Miller, Jeslyn) (Filed on 6/27/2014) Modified on 6/30/2014 (cpS, COURT STAFF).

EXHIBIT E

THE mGTWELVE CONJi'ERENCE. INC.
2201 STEMMONS FREEWAY,.l8'l'Hl'LOOR
DALLAS, TEXAS 75107

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March 11, 2000

Mr1 Howard Km:

~dent

ABCS~Inc.

47 West 66 Stt=t

New York,.NcwYoU: 10023

Mr. Jolm. Wildback
Senior Vwe Preside1rt. Progxa•urf!ing
ESPN,.lnc.

ESPNPJaza

935 Middle Street
Bristctl, ·CODDeeticut 060 1()..7454

Olarles Gelber
Executive Vice President and General Manager

ESPN Rc:gjoual TclevisiDnt me.
11001 Rushmore Drive

Charlotte, North Carolina 28277

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TEXAS000068

This ~nt has been approveQ._by_~e Board ·or Directors of the Conference. but is •
subject to theapprova] ofthe Board ofDireCtoD.o-fESPN. Thctmns ofany~FonnAgreementwill
be S!ibject to :tmal approval of 1be Board of DireCtors ofthe Conference and the Board -of Dilec.tors of
ESPN..

'Ibi:! ~~t may~ exccntcd in Bf!Y na:mber of co~~ o.f which shall be
deemed to be a-~ and all o£whicb shall constitUte one·~ which .u bmding upon .all the
parties hereto, notwHbstanding that all parties are uo.t Signatories to the same cotmterpart.
If ABC, ESPN and ERT agree to the f01-quing, please so liicf..ea+.e by ha\.~g an authcr.z..."'d
representative of ABC, ESPN and ERT Sign below .in tile appropriate place and return a copy to .us.

Very truly yums.,

~mGi~~~~c
~: lffili!Jt;r ~~
T1tle: ComsmssJ(mcr

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Agreed and Accepted:

Dated:-------ABC SPORT& INC.
By:

N~---~-------------------T.itle:
Agreed ad Aceepted:

Dated:---------ESPN,INC.
.By.
Nmnc: _______________________

Title:
~and Accepted:
D~:

________________
ESPN REGIONAL TELEVISION, INC.

~~e:------~----~------­
Title:

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!.OIItEABC

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TEXAS000069

This A.grcemerrt has been approved by the Boatd of Directors of the Conference, 'but is
subject to the approval Dftbe Bomd of Directors ofESPN. The temls .of any Long Form A~ will
be :Subject to finBl approval of the Board of Directors of the Conference and the Board oi Directors of

ESPN.
This A~ ma_y be executed 1n any nUJ.'Iiber of co~. each .of which ·shall be
deemed to be an oripl and all of which shall constitute Ule agreement Which is biDding upon an the
parties hereto, uotw1tbstanding that all parties are not signatDries to the same counterpart.

. IfABC, ESPN.and ERT agree to 1hc ~ p~ so indicate by having an authorized
representative of ABC, ESPN and ERT SlgD below m t1:ie appropriate place and return a copy to us.

very truly yours,
THE BIG TWELVE CONFERENCE, INC.

Aueed aBd Accepted:

D~----------------

Agreed and Attepted·
. Dated: ________:_______
ESP.N~JNC.

By:
Name:

n~ ------------------------~

Agreed ad Accepted.;

Dated:-------------ESPN REGJONAL·TELEVISION, INC.

~~=------------------

Title:

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TEXAS000070

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This Agreement has been approved by the Board of Dircctors -of the Conference, but is
subject to the 8PP!'OV1ll of the Board ofDil'eCtor,s ofESPN. The tetms .of any Long Form Agre~ent will
be subject to fiiW approval tlf the Board of Directors of the Conference and the Board .of DirectorS of
ESPN.
.
This ~t maybe executed many number of~. each of whiCh shall be
deemed to beD ori~ mel all of-which sball constitnte one agrcc:mc:nt which is binding upon all the
parties hereto, nOtwithstanding that all parties are not signatories to the same countelpart.
ff ABC, ESPN and ERT ~to fhe foregoing, .~.so indicate by having an authorized
representative of ABC. ESPN and ERT Sign below in ttie llppl'OPI'iatc place snd rctam a copy to us.

v r:ry truly yOurs,
THE BIG TWELVE CONFERENCE, INC.

Agreed aud Accepted:
________________

Dat~:

ABC SPORTS, INC.

By.

Name:---------------Title:
Aveed ad Accepted:

~~---------------

~~
~:

Tik~;~
.

B

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Agreed and Accepted:

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D~-~------------

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TEXAS000071

EXD1BITA
BIG XII- ABC/ESPN TELECAsT AGREEMENT
Eight years, 'Commeocing with 2000-2001 :academic year, through 2007-2008
academic year, commencing on ~uly 1, 2000.

2001-2002

. 2002-2003
2003-2004
2004-2005

2005-2006
2006-2007
2007-2008
TOTAL:.

26.5 million
28.0 millian
3:0.0 million
31..5 million

ll.Omillion
34..5 :miUioD
36.0 million
245.0 million

Rights fees payable ·qurterly, beginning Sqnembc:r 30, 2000.

ALOHA BOWL GUARANTEE:
The ·Ccmfermce will be guanmtecd at least $5 minion ftom Aloha Bowl appearances ov:r)

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PRESEASON CLASSIC GUARANTEE:
ABC wiH cause ~teams 1o have at least two~ in the :first three years
d the Tcsnn in eithc:c of the Pipkin Classic: ·or tbe Kickoff Classic.

Football:
BaskctbaD

4

FOOTBALL APPEARANCE RESTRJC'TIONS:

.Appeauwce limits per team to 6 per year, 1q) 1D 4 of which may be hamc

games>

FOOTBAll. EXPOSURE:
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4 National Telecasts per year.

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TEXAS000072

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National Telecasts on the Friday :aftt:r Tha:n1csgiving or, at ABC':s
option, on Thanksgiving Day '(the first game will not begin before
11=00 am central time) md no team will be required to play :the first
game as a home game more than OIICe in any 4 year perm~ for
e'X3IDpk
Year

FustGame

Second Game

1

CU@NU
NU@-CU
TA&[e-mail]

UT@TA&M
CU@NU

UT@TA&M

NU@CU

2
:3
4

1

•

TA&M@UT

Other National Telecast on any Saturday during the regular season or
on a mutua1ly acceptable .iltm:nate date.

1 ~Split Natiomd• Game {.reaches at least 45% oflV households in the nation) -once
.every two-year period during the Term.

Network E~smcs= ESPN will use its best etforts to mJlYimii71': the number of the
Confc:m:tce's Broadcast Network baSketball exposcres, inclndjng without limitation:
2~1

Season:

Mmjmmn of 10 ovc:r-tbe-air Network .appearances
guaranteed.

Each Season
'Ibeicaftcr:

MininnmJ of 8 over-the-air Networlc .ap:pearanccs
_pravidcd that if ABC has at least .12
natjonal telecast 'WiDdow:s :avaThibJe, mj1ij.1 UIUII of_} 0

p~

over-'the--m Network appearances guaranteed.

ESPN shall use good faith efforts to place :same oftlc Netwmk basketball exposures
-eaCh year on CBS, wbich -.ap:pearanccs sba1l (:OUDt toward 1be preceding :guarantee.

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Basketball Tmn ••••umt ~

Cbampianship Game with national c1istribntion on ESPN m a national

broadcast network.

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Late Quarterfinal Game on Thursday Night on ESPN2 beginning in 2002
{posslbly 2001 ifESPN2 is :not precluded by other c.nntractnal oommitments)

TEXAS000073

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ESPN and the Conference will work together to enhance the exposure af
Conference Basketball during Conference tournament week on .al] ESPN
Platfonns (e.g. :player "diary" on ESPN~com, coach interviews on ESPN
radio)

"Big Monday" Package:

Current exposure .on Big Monday(8) extended
ESPN and the Conference Will explore the possibility of adding one
nonconfm:nce game as a part of~ Big Mmday Package in the first quarter
:of each year during the Term.
The Conference l1gi'ee5 to consider in good faith any request by ESPN to
move the Big Monday package to ESPN2; provided, however, that the
Conference .shall be under no legal obligBticm to approve any request .for the
trmsfer ofthe Big Mattdaypackage to ESPN2.

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ESPN agrees to telecast (i) a minjzmJm of three games played dmiiig the fcmrtb
:calendar qwrrtcr ~f ~ season and :(ii) :a mtnj:nmm of tb:ree games played on
Samrd8ys during the fim cale:odar qtUII1a' of each sc:ason. ESPN bas 1he right to
tnms:fer 6 of the aforemcntiancd basllelhall games to ESPN2 in accordance with the
follo-wing factoi3:

ESPN2 ·in at least 90% ofbames that ESPN is.

ESPN2 rovers at least the :markets in Con:fen:nce1s 7 states that ESPN
-CD'VCl'S..

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ESPN and the Conference Will ooopc:n1t.e to bmld cmgomg Special Site Events (e.g.
:multjplc year challcagc~ at ueattal sites ·ad/or in ttmmammt cities in off years).
The Canfcrcncc and the Manber lns!ltntiom; shall retain the rights to aU Baslcetball
·Games DOt selected by ESPN pmm:amt to the teims of this Agreement, but not fof

:natianwide distribution.

.

ERT SPONSORSHJP RIGHTS:

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Effective as ofJuly ~ 2001, the Confc:rencc gnmts to ERT rights :and obligations to sell and
:fulfill presenting ·and seoondary Corporate Spans< 11 sli1ps related io Canfcrcnce

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Championship events, subject to the Conference's priar approval, which will not be
unreasonably withheld. Certain categories of sponsors. may be excluded for policy reasons.
ERT will commit the resources necessary to fulfill all ®ligations to the C r ·
..;er . '
corporate sponsors and to manage the sponsorship relationships in a mmmcr . ·
· ty .

satisfactory to the Conference.

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·rnc Conference will retain rights and revenues fr-om ail othcr.ancilla:ry confCl'CilCe rights
relating to Confcrcnce WP""'fional g#tjes, including, but not limited to~
Big xn Showcase Show. ERT will pay pmductio.n ·costs for the show (not to exceed
'$130,000 per y~ and main mveatmy for Spcmsor's expomres;
Prog~am Rights

for Championship Events. ERT will purchase 1 page per Corpom:e

Sponsor;
~rights to

.!!!_Conference ~ with ~Intemet rights with ESPN

relating to Gsmcs that arc telecast pursuant to 1lris Agreement;
Radio rights; and
Pa:y-pc:r·view rights aDd 6tber ancillmyrlghts. other than those relating to Games that
are telecast under this Agreement
The Conference, ERT and ESPN will work coope13tive1y to identify additional events that
xcasonahly relate to the rights .gnmted hc:reunder, suCh as joint :ventiDa an:

Fan Fests at FootbaJl Championship Game and Bulrebll T01ll'D8Illent; and
Special Site Basketball Events such as a cllallcmge series

·The -rw.~ will~ ~ nerassmy to -=~r rig~ ex...A-~ly stL.,lject 1o the
·agn=nmt with H.ostltJSA ~ 1o the sdc of corpcmrte clmmpionShip
spoasarships em ar aboot JWy 1., 200L ER.T 'Will be respnm;ible for payment of :any
fees on n:mainmg BglHD'ents payable to :aost. not to .exceed 15% of the gross
:reveuues payable lDldc:r tbosc ~ ·mad may main teVemJCS realized from
existing sponsorship .agrCI'mf%• ns after July ~ 2001~

an

ERT will pay diret::t a!ld indirect costs related to tbe adm:itiistratio 1IDd fulfillmf'Jlt
of the mmaining term of the :risting spcmsnrshlp aaaugewents, and pay Host/USA

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-agcm:y fee. Fulfillment costs (exclusive of I;Iost!USA agency fee) on existing
agreements capped at 30% of gross revenues.

The .first $3 million of gross revermcs (less a deduction for any applicahle agency
cmmnissions ofnot more than lSOA for new sponsorship agreements entered into by
ERT) from eilher (i) new spOliS()lSbips sold by RR:T or (u) mcnsion or~ of
prc-msting sponsotShips for periods after July 1., 2001 ((i) lUld (ii} colledively
referred to as "New SJi!04W1sliimj in any year is retained by ERT. ERT pays all
fulfillment costs.
Revenaes to be o)elhl• vi••rrl from Ill1ltrlally-agrecable ·"rate cm.:d", determined
in sdVaUce, mlless the Conference md ERT agree to discounts for specific
sponsotS.·

'Thc:rcafter., 1he Conference and ERT split 50150 the ·-ncr :revenlles from ~ .
· Sponsorships in any 1=' ·OYer S3 million of gross reVenues, with the split of the
inai:mwtal ~=me in excess of$3 mil1ion1o be cilcnbQed as follows:

,

1.

2.

.

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Gross·~ from New Sporssoomips MINUS S3 miffion
1bat ·diffi::&m 1:lMES 1 mitms Fnlfillment .Expense Ratio (total direct
fnffillme:nt costs and any 1!PJ)Jicable ;agc:DCy rommiissions of not mare
than ls-A, to be paid to Host/USA basM 'OD existing ~S,
-withont ·ovcdlead, ·divided 'by gross 1'eVCIJQCS in that year)
that product DIVIDED BY 2.

TICKET REOtJIREMENTS:

ESPN will be pea mitted to pnrc.base 20 tickets to eaCh 1clevised event .ABC':S ticket lights

are as stated :in the .ABC~
SIQNAGE:
The~ .ABC, ESPN and ERT agree 1o wmt: :coopelati¥ely to develop app:taprlate
gaideliacs for the use of video imaging and the .Jd 81 emmt of Ol!l field and comtside signage.

An other terms of the ABC Agreement and the ESPN .Agreement continue to govern this
Agreement.

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