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

Filing 281

Plaintiffs' Post-Trial Reply Brief by Edward C. O'Bannon, Jr.. (Attachments: #1 Declaration of Swathi Bojedla, #2 Exhibit A, #3 Exhibit B)(Gosselin, Sathya) (Filed on 7/10/2014) Modified on 7/11/2014 (cpS, COURT STAFF).

EXHIBIT A

.CONRDEITW.
Edward M. Hull
President

] EFFERSON PILOT
SPORTS

Jefferson Pilot Sports
One Julian Price Place
Charlotte, NC 28208
business [phone]
facsimile [phone]

July 27, 1999

Mr. Roy Kramer
Commissioner
Southeastern Conference
2201 Civic Center Blvd.
Birmingham, Alabama

Dear Roy:
Please fmd attached a draft of the revised contract per our latest agreement to extend our
contract through April30, 2009. Also attached is a list of the major points and changes
from our current contract. Because Dan McAlister made a number of grammatical
changes, a red-lined copy would have been very red and hopefully this list will work
better.
We will prepare in final form after you let us know of any necessary changes. Hopefully,
we have included the majority of needed changes.
Roy, we consider ourselves very fortunate to work with the Conference and with you and
your staff. We appreciate your support and look forward to the next ten years.
Sincerely,

Edward M. Hull
President
EMH/jr
Attachments

The University Athletic Association, Inc.

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CG:;riOENTIAL
SIGNIFICANT CHANGES IN NEW JP/SEC AGREEMENT
FROM CURRENT AGREEMENT
The terms of the new agreement are basically the same with the following
exceptions:
1.

2.01: Length of Agreement - May 1, 2001 through April 30, 2009

2.

3.01: Rights Fees - as agreed upon.

3.

Current paragraph 3.02: Revenue Share - is deleted.

4.

Current paragraph 4.03{b}: Limitation on Grant {as regards syndicating to
basic cable channels} - is deleted.

5.

5.02: National Networks - would allow 6 regular season Conference
basketball games to be selected by CBS before JPS makes its selections,
instead of the current 5.

6.

5.04(d): Regional Cable - would allow up to 8 Saturday evening games for
the SEC to offer one regional cable network instead of the current 6.

7.

7.01: Broadcast Obligations- the minimum number becomes 28 .... not more
than 38 without consent.

8.

New paragraph 11.01: CBS and ESPN/ESPN2 {as regards to regular season
football game telecast selection) -CBS may schedule up to 15 SEC
controlled appearances. ESPN/ESPN2 may select up to 12 games involving
one or two SEC schools during each season prior to any JPS selection, an
increase of 2 over the current agreement. Also, CBS may begin one
Saturday telecast per season before 3:00 p.m. ET. On that date, CBS will
have window exclusivity and JPS wiii not be able to telecast an SEC game
without consent.

9.

New paragraph 11:04: Number to be Telecast - changed as follows, during
the 2001, 2004, 2005, 2006 and 2007 football seasons; the SEC will make
available and JPS will televise at least 12 games. For the 2002, 2003, and
2008 football seasons; the SEC will make available and JPS will televise at
least 13 games.

10.

Current paragraph 13:05: Markets Outside the SEC Area - is deleted.

11.

Current paragraph 22.01: Other Sports Productions - is deleted.

12.

New paragraph 30:01: Divisible Agreement - SEC needs to fill in its desired
amounts.
The University Athletic Association, Inc.

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COHADENTIAL

FOOTBALL AND BASKETBALL
TELECASTRIGHTSAGREEMENT

THE SOUTHEASTERN CONFERENCE
AND
JEFFERSON-PILOT SPORTS, IN"C.

SCHOOL YEARS
2001-02 THROUGH 2008-09

MAY_, 1999

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CONFIDENTIAl
(a)

Up to 150 SEC Basketball Tournament books. JPS shall notify the
Commissioner of the SEC of the number ofbooks it wishes to purchase for each
Tournament by no later than the February 1 preceding such Tournament.

(b)

Up to 6 tickets (basketball) or 75 tickets (football), plus up to 75 free production
passes and 20 free parking passes (football only) for any game being Telecast
hereunder. JPS shall advise the Athletic Director of the host team of its ticket
and pass requirements at least one month prior to game time if it desires such
tickets.

(c)

Up to 100 SEC Championship Football Game tickets. JPS shall notify the
Commissioner of the SEC of the number of tickets it wishes to purchase by no
iater than the September 1 preceding each such game.

17.04

Banners. JPS shall have the right to display at least one banner in the arena of each

basketball game Telecast, provided the same shall not be larger than 4 feet tall and 9 feet in length, and
at least 3 banners in the stadium of each football game Telecast, appropriately larger in size. These
shall not be placed so as to obstruct the view of the game.
ARTICLEXVITI
Right to Publicize
18.01

Publicity. JPS may publish the name, likeness, and voice of each person appearing in or

connected with the games, biographical materials concerning such persons, the SEC's and its Member
Institutions' logos, and the name of the game and game sjte, for purposes of advertising or promoting
any game or games Telecast by JPS. Subject to the following proviso, JPS may also authorize SEC
game sponsors and their advertising agencies to make incidental use of such materials in selling or
promoting SEC football or basketball games (such as by inclusion oflogos on sales brochures for said
games, or on posters distributed by sponsors promoting said games) . The foregoing is not intended to
authorize commercial sponsors to use such names, likenesses, voices, logos, etc. to promote products
The University Athletic Association, Inc.

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CONFIDENTIAL
or services beyond the mere use of sponsor, product or service names as associated with such
Telecasts, and is not intended to authorize the use of said materials for any product, point-of-purchase,
or dealer promotion. Similarly, JPS will not market any product using or bearing the SEC's name,
mark or logo without the advance written approval of the SEC. Provided, upon notification from the
SEC, JPS will cause any such agency or sponsor to cease any use of such materials that the SEC
reasonably believes is outside the scope of the foregoing or, as to names and likenesses appearing
outside of game footage, is beyond the SEC's authority to permit.
ARTICLE XIX
Promotion of the SEC and Member Institutions
19.01

Promotional Inserts.

JPS will Telecast a 30 second promotional spot from each

Member Institution playing in the game, and one from the SEC itself;" during all regular season football
and basketbaU games Telecast by JPS. In addition, the SEC will have available an additional 60
seconds for Conference promotion, which can be used by the SEC for Conference sponsor me$sages
which have as their purpose the linkage of the sponsor (as an institution) with the SEC. JPS's prior
approval must be obtained for each such promotional message. Such approval will not unreasonably
be withheld, but will not be given for (i) the direct advertisement of any Conference sponsor's products

or services, or (ii) messages of any type from Conference sponsors who sell in direct competition with
those JPS advertisers to whom JPS has sold product/service exclusiVity. These tapes will be produced
by the SEC or the Member Institution, but the quality level must be acceptable to JPS.

JPS will

consult with the producer, if desired.
19.02

Promotional Shows and Spots. Each season during the tenn, JPS shall at its expense:
(a)

Produce, and arrange for Telecast within the SEC Area of, 30-minute pre-season
football and basketball shows; and

(b)

Promotional spots.

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COt{flDENTIAL
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.

THE SOUTHEASTERN CONFERENCE

By: --------------------------Roy Kramer, Commissioner

JEFFERSON-PILOT SPORTS, ll~C.

By: --------------------------Edward M. Hull, President

The University Athletic Association, Inc.

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