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Credential Language

By Evans Boston | November 1, 2021
   

NBA G League

 

TO:                  NBA G LEAGUE TEAM PR DIRECTORS

 

FROM:             PHILLIP BAUSK, ASSOCIATE MANAGER, G LEAGUE COMMUNICATIONS

 

DATE:              OCTOBER 7, 2021

 

RE:                  MEDIA CREDENTIALS AND RELATED MATTERS      

 

 

Set forth below are the policies and procedures with respect to team issued media credentials and related matters with respect to the 2021-22 NBA G League season.

 

In light of the ongoing COVID-19 pandemic, teams should reassess their credential lists and should anticipate that they may be required to issue fewer credentials than in prior years in order to ensure compliance with all applicable health and safety (and other) protocols (including, without limitation, those requirements of the Centers for Disease Control and Prevention (the “CDC”), local public health authorities, and NBA G League and team rules and regulations, and including the “Stay-at-Home” rules noted below) (collectively, the “Protocols”).

 

Please note that the Credential Use Conditions include waivers and releases that are required as a condition to accessing games, events and other team activities during the 2021-22 NBA G League season, including, without limitation, with respect to the risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, without limitation, COVID-19) and the causes thereof.

 

In addition, approved holders of credentials will at all times be subject to the following “Stay-at-Home” rules, which shall be considered part of the Protocols:

 

Each credential holder agrees not to attend the applicable game/event (or other team activities) if, within the prior 14 days, the holder has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the CDC):

 

  • Within the prior 14 days, the holder was exposed to someone who has tested positive for COVID-19;

 

  • Within the prior 14 days, the holder has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19; or

 

  • Within the prior 48 hours, the holder has experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)).

 

Anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to the game/event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending.

 

  1. TEAM-ISSUED REGULAR SEASON CREDENTIALS

 

As described below, teams may once again distribute two forms of regular season credentials this year — full season credentials and single game/event credentials.  For clarity, approved holders of full season credentials and single game/event credentials will be granted access to team games and may also be granted access by your team to other various events, activities, and interviews conducted by the teams (e.g., practice); provided, however, that approved holders of credentials must at all times adhere to the Protocols as well as the zoning rules established by teams and the NBA G League.

 

  1. Full Season Credentials. Attached as Exhibit I is the language that must be included on the back of all full season credentials issued to local news organizations (e.g., local newspapers, radio stations, television stations, etc.) and vendors approved by your team and the NBA G League during the 2021-22 NBA G League season.  Please provide to Phillip Bausk (pbausk@nba.com) and Jaralai Christiano (jchristiano@nba.com) by October 22, 2021, for our review a list of the names of the local news organizations (and each of the individuals at such local news organizations and the purpose(s) for which they will require credentials (e.g., to take photographs)) to whom you expect to distribute a full season credential with respect to the 2021-22 NBA G League season.  Subject to space limitations and ensuring compliance with the Protocols, as a general rule, we anticipate that “priority” news media organizations (i.e., television networks and stations, radio networks and stations, newspapers and magazines) will be approved to receive credentials.  All other entities (e.g., online sites or services) that request credentials will be considered by the NBA G League for approval on a case-by-case basis.  In order for a full season credential to be valid, the front of the credential MUST include a 1-1/2” x 1-1/2” headshot (i.e., from the shoulders up) photo, the name and affiliation of the credential holder.  All photos must be taken with a digital camera.  In addition, all full season credentials must also be individually numbered and tracked by the teams.

 

  1. Single Game/Event Credentials. Exhibit I also sets forth the language that must be included on the back of all single game/event credentials issued by your team during the 2021-22 NBA G League season.  Subject to ensuring compliance with the Protocols, you are authorized to provide single game/event credentials to any “priority” news media organization without having to submit the name of the organization to the NBA in advance of the game.  (Each team will, however, be required to include with the media seating chart that it is required to submit after each game under NBA G League rules a list of all of the individuals and entities (e.g., the news organization such individual is on assignment for) to whom each single game/event credential was issued for such game/event, and the purpose(s) for which such individuals were issued credentials (e.g., to take photographs).)  All other requests (e.g., by online sites or services) for single game/event credentials must be sent by e-mail to Phillip Bausk (pbausk@nba.com)  and Jaralai Christiano (jchristiano@nba.com) for approval in advance of the game/event. If we do not respond to such request within three business hours after receiving the request, the request will be deemed approved for that game/event only.  In addition, a credential request by any media organization (including “priority” media) that is not related to news coverage of the applicable game/event (e.g., shoots for motion pictures, reality television programs or sitcoms) must also be referred to Phillip Bausk (pbausk@nba.com)  and Jaralai Christiano (jchristiano@nba.com) for approval and, if approved, will likely require the issuance of a license agreement by NBA Entertainment to such media organization.  All single game/event credentials must be accompanied by a valid, government issued photo ID of the credential holder.  In addition, all single game/event credentials must be individually numbered and tracked by the teams.

 

  1. Credential Use Conditions. The language in Exhibit I refers to additional Credential Use Conditions which are incorporated by reference into the credential-back language.  The complete Credential Use Conditions for the 2021-22 NBA G League season are set forth in Exhibit II (the “Credential Use Conditions”).  Teams must include on the back of the credential both (i) a hyperlink (i.e., to NBA Media Central (nba.com)) to the Credential Use Conditions, and (ii) a QR code which, when scanned, also links to the Credential Use Conditions.  See Section I.G below relating to additional steps to be taken with respect to the Credential Use Conditions at the time of credential pick-up.

 

  1. Prior Review and Approval of Team Credentials. Before a team may distribute any type of credential, the front and back must be submitted to, and approved by, the NBA G League.  Please ensure that the front of the full season credential specifically refers to the 2021-22 NBA G League season and that the front of each single game/event credential specifically refers to the actual NBA G League game/event to which such single game/event credential applies (e.g., by specifically identifying the opposing team and the date of the game or by identifying the game in some other appropriate manner).  Remember that no stick-on credentials are allowed, and each credential must have a hole punched in it so that it can be hung from a lanyard around the neck.

 

  1. Press Room Signage. Signage containing the Credential Use Conditions (Exhibit II) and the NBA G League Policy on Reporting and Transmitting Game Updates (a copy of which is attached as Exhibit III-A hereto) will be distributed to all teams prior to the season. This signage must be posted in the press room at all times.  In addition, teams must also post any health and safety-related signage which may be requested from time to time by the NBA Communications Group.

 

  1. Family/Guest Passes. Subject to the Protocols, teams may issue their own family/guest passes so long as teams require that (i) such passes be accompanied by a valid government issued photo ID and a game ticket in order to be valid and (ii) the access afforded to such pass holders be limited to a team-specified family/guest area in the arena (as well as the other zoning rules established by teams and the NBA G League).

 

  1. Credential Distribution. The following steps should be taken in connection with credential distribution (i.e., on-site at the credential pick-up location):

 

  • Provide to media and vendors a hard-copy print-out of the complete Credential Use Conditions.

 

  • Provide to media and vendors a standalone, one-page document with the italicized text immediately below.  Instead of, or in addition to, the link to NBA Media Central, teams may include (and refer to) a QR code which, when scanned, links to the Credential Use Conditions.

 

“By accepting this credential, I agree to the terms and conditions on the back of the credential and the additional Credential Use Conditions of which I have been provided a copy and which also are available at NBA Media Central (mediacentral.nba.com).  If I am accepting credentials on behalf of one or more other individual(s) at my organization, I represent that my organization and such other individual(s) have, individually and on behalf of the organization, authorized me to accept credentials on their behalf and such other individual(s) and the organization agree to the terms and conditions on the back of the credential and the additional Credential Use Conditions.”

 

This document should be signed by proposed credential recipients prior to teams’ distribution of credentials (either ink signatures or online “click-through” signatures are acceptable).

 

  1. PLAYOFF CREDENTIALS

Teams are responsible for distributing credentials throughout the entirety of the NBA G League Playoffs.

 

  1. Playoff Credentials for Full Season Credential Holders. Teams may either print separate credentials for the playoffs for full season credential holders or continue to allow full season credential holders to utilize their full season credentials for the playoffs.  Before a team may print separate credentials for the playoffs, the front and back must be submitted to, and approved by, the NBA G League.

 

  1. Single Game Playoff Credential Production. Similar to regular season single game credentials, the front of each single game playoff credential must specifically refer to the actual NBA G League playoff game to which the credential applies (for example, First Round, Game 2, ______ vs. ______, or other appropriate game-by-game designation).

 

  1. Credential Approval. The process for approving playoff credential requests is the same as for regular season requests set forth in Section I.B above.

 

  1. Submission of Playoffs Media Lists. The following must be submitted via BOX following each playoff game:  media credential list, seating chart (identifying person and affiliation) and photo lane assignments.  This will assist our efforts in producing a complete media list for all teams through the Playoffs and Finals.

 

  1. Logos. Logos for the 2022 NBA G League Playoffs and Finals will be available on NBA Media Central (mediacentral.nba.com).

 

III.         NBA G LEAGUE OFFICIAL PASSES

 

NBA Security once again will furnish league-wide season NBA G League Official Passes which allow access to all NBA G League arenas.  The passes will be given to a very limited number of NBA and NBA G League officials, National Basketball Players Association and Basketball Players’ Union officials and team officials (and certain team travel party members) that teams designate and the Basketball Communications Group or NBA Security approves (which approval will be based, in part, on ensuring compliance with the Protocols).  Teams may only request passes for those team officials who travel regularly with their respective teams.  Teams may also provide their own documentation to persons with NBA G League Official Passes to manage access within their respective arenas.

 

  1. NBA G LEAGUE POLICY FOR ONLINE USE BY MEDIA

 

The NBA G League Policy for Online Use by Media, which governs the media’s online use of non-game footage and game and non-game photographs shot at NBA facilities, is attached as Exhibit III-B hereto, and is accessible to media via NBA Media Central (mediacentral.nba.com).

 

Note:  Unless otherwise authorized by a separate license from NBA Entertainment, the live streaming of any game (or any excerpts thereof) or non-game action content (other than formal media availability, as such exception is described in the NBA G League Policy for Online Use by Media) is prohibited in any form, medium or duration under the terms of the credential and the NBA G League Policy for Online Use by Media.

 

  1. NON-GAME MEDIA ACCESS GUIDELINES

 

The following guidelines are subject at all times to the compliance with the Protocols by teams and credential holders, which may (among other things) require limiting media access to certain team facilities (and/or certain areas within such facilities) and/or prohibit media from attending or covering certain team activities.  Note that such protocols may change throughout the season, and such media access rules may change accordingly.

 

  1. Pre- and Post-Game Activities. As with any “priority” media credentialed for pre-season or regular season games in accordance with NBA G League rules, “non-priority” media that are credentialed may also cover pre- and post-game activities (e.g., press conferences, interviews, etc.) in accordance with the terms of their credentials, the NBA G League Policy for Online Use by Media and the 2021-22 NBA G League Season Virtual Media Availability Terms and Conditions attached hereto as Exhibit III-C.

 

  1. Team Practices and Shootarounds. As a general rule, a team, in consultation with the NBA G League, is authorized to determine whether to grant a media organization (“priority” or “non-priority”) access to practices and shootarounds held during the pre-season and regular season, subject to the NBA G League’s “equal treatment of media” rules. The NBA G League, in consultation with the teams, will determine which media organizations will be granted access to practices and shootarounds during the playoffs (including the Finals).  Videotaped, filmed or audio excerpts (“Footage”) and photographs (together with Footage, “Content”) of team practices or shootarounds taken by a media organization may be used by that organization solely for news reporting purposes.  In addition, any use of Footage from a practice or shootaround on television may not exceed two (2) minutes in duration and may be used only within the 72 hours immediately following the practice or shootaround.  Finally, any proposed use of Content on the internet or any other digital service or computer network must be (i) in accordance with the NBA G League Policy for Online Use by Media or (ii) separately licensed by NBA Entertainment.

 

  1. Footage and Photograph Requests. As with “priority” media, all requests for footage or photographs from internet sites (including player and coach sites) or other “non-priority” media must be referred to NBA Entertainment.

 

  1. COMMUNICATION OF POLICIES TO MEDIA BY TEAMS

 

All teams during the first week of the pre-season must communicate the media policies set forth in this memo to the media by, at a minimum, (a) including a memorandum in the form attached as Exhibit IV hereto (along with a copy of the Credential Use Conditions, NBA G League Policy for Online Use by Media, the 2021-22 NBA G League Season Virtual Media Availability Terms and Conditions, and the NBA Policy on Reporting and Transmitting Game Updates) with the distribution of full season credentials and (b) prominently displaying at their respective practice facilities signs, which teams will receive under separate cover from NBA Basketball Communications, setting forth these rules.  In addition, credential holders must be advised of (and must abide by) the Protocols (including any mid-season changes to such Protocols), and teams must enforce compliance with the Protocols.  In the event of non-compliance by credential holders, please contact the NBA Communications Group.

 

Please note that the memo attached as Exhibit IV must be printed on team letterhead, dated and customized by the team (by inserting the team’s name where indicated) before it is distributed.

 

Please call if you have any questions or concerns.

 

 

EXHIBIT I

 

[BACK OF CREDENTIAL]

 

[INCLUDE QR CODE LINKING TO CREDENTIAL USE CONDITIONS]

 

THE TERMS AND CONDITIONS GOVERNING USE OF THIS CREDENTIAL ARE SET FORTH IN THE CREDENTIAL USE CONDITIONS, WHICH ARE AVAILABLE AT NBA MEDIA CENTRAL (mediacentral.nba.com) AND INCORPORATED HEREIN BY REFERENCE.  PLEASE BE ADVISED THAT THE CREDENTIAL USE CONDITIONS CONTAIN A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION.  BY ACCEPTING THIS CREDENTIAL, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THE CREDENTIAL USE CONDITIONS.

 

This credential is issued for the sole purpose of providing arena/venue access to an individual (“Bearer”) who is working on an assignment for a legitimate news organization or an authorized provider or vendor of game-related services (as employee or agent) in connection with the National Basketball Association (“NBA”), Women’s National Basketball Association (“WNBA”), NBA G League (“NBA G League”) or NBA 2K League (“NBA 2K League” and together with the NBA, WNBA and NBA G League, “Leagues”) pre-season, regular season and/or playoff home game(s) of the [insert team name] specified on the front of this credential (the “Game”) and the events, activities, and interviews relating to such Game, and/or other events otherwise conducted by the [insert team name] or one or more of the Leagues (each, an “Event” and collectively, the “Events”), and Bearer hereby represents that he or she is attending the Game/Event solely for such purpose.  This credential is non-transferable, and any unauthorized use of this credential or violation of its terms may subject Bearer and/or the assigning news organization, provider or vendor to ejection from the arena/venue, revocation of the credential, denial of access to team and/or League arenas/venues in the future, prosecution for civil or criminal trespass, and any other remedies available under law.

 

This credential and Bearer’s access to the arena/venue are subject to all safety and health requirements and policies, including requirements relating to face masks and/or enhanced health screenings (which may include a requirement that the Bearer be tested and/or vaccinated for the novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”)), put in place by the team, the applicable League, and the arena/venue (all such safety and health requirements and policies, as they may be updated from time to time in the sole discretion of the team, the applicable League and/or the arena/venue, “Safety Requirements”).  Bearer acknowledges and agrees to comply with such Safety Requirements (including all requirements that must be satisfied prior to a Game/Event), and attendance at a Game/Event is conditioned on such compliance.

 

BEARER expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described HEREIN AND in the CREDENTIAL USE CONDITIONS) can eliminate the risk of exposure to COVID-19.

 

Bearer and his or her employer or assigning news organization, provider or vendor:  (i) assume all risk incident to the performance of services by Bearer and assume all risk incident to Bearer’s attendance at any Game/Event (including, without limitation, personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, any Game/Event (including complying with the Safety Requirements), whether occurring prior to, during or after a Game/Event), in each case, howsoever caused, whether by negligence or otherwise; and (ii) agree to release, indemnify and hold harmless each of the Leagues, their respective teams, the arena/venue, and their respective affiliates, DIRECT AND INDIRECT OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, agents, contractors, employees, SUCCESSORS AND ASSIGNS from and against all claims, liability, loss, damage or expense resulting from or arising out of (x) Bearer’s presence at the arena/venue (which may include, without limitation, Bearer’s exposure to COVID-19), (y) Bearer’s acts or omissions or (z) the presence at the arena/venue of any cameras, wires, cabling or other equipment brought on the premises or used by Bearer.

 

No autographs are allowed during media access periods.  Copying, duplicating or otherwise reproducing or distributing this credential or its image in any manner, in whole or in part, is strictly prohibited.

 

 

 

 

 

EXHIBIT II

 

CREDENTIAL USE CONDITIONS

 

A credential is issued for the sole purpose of providing arena/venue access to an individual (“Bearer”) who is working on an assignment for a legitimate news organization or an authorized provider or vendor of game-related services (as employee or agent) in connection with the National Basketball Association (“NBA”), Women’s National Basketball Association (“WNBA”), NBA G League (“NBA G League”) or NBA 2K League (“NBA 2K League” and together with the NBA, WNBA and NBA G League, “Leagues”) pre-season, regular season and/or playoff home game(s) of the League team specified on the front of the credential (each, a “Game” and collectively, the “Games”), and the events, activities, and interviews relating to such Game(s) and/or other events otherwise conducted by such team or one or more of the Leagues (each, an “Event” and collectively, the “Events”), and Bearer hereby represents that he or she is attending the Game(s)/Event(s) solely for such purpose.  This credential is non-transferable, and any unauthorized use of this credential or violation of its terms may subject Bearer and/or the assigning news organization, provider or vendor to ejection from the arena/venue, revocation of the credential, denial of access to team and/or League arenas/venues in the future, prosecution for civil or criminal trespass, and any other remedies available under law.

 

The credential and Bearer’s access to an arena/venue are subject to all safety and health requirements and policies, including requirements relating to face masks and/or enhanced health screenings (which may include a requirement that the Bearer be tested and/or vaccinated for novel coronavirus SARS-CoV-2 and any resulting disease (together with any mutation, adaptation or variation thereof, collectively, “COVID-19”)), put in place by the applicable League and the applicable team and arena/venue (all such safety and health requirements and policies, as they may be updated from time to time in the sole discretion of the team, the applicable League and/or the arena/venue, “Safety Requirements”).  Bearer acknowledges and agrees to comply with such Safety Requirements (including all requirements that must be satisfied prior to a Game/Event), and attendance at a Game/Event is conditioned on such compliance.

 

In addition, Bearer shall not attend a Game/Event if, within the prior 14 days, Bearer has tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)):

 

  • Within the prior 14 days, Bearer was exposed to someone who has tested positive for COVID-19;

 

  • Within the prior 14 days, Bearer has travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19; or

 

  • Within the prior 48 hours, Bearer has experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)).

 

Anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to a Game/Event should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending.

 

Unless expressly authorized in writing by the applicable League, the use, distribution, exhibition, reproduction, adaptation, display, performance or publication in any form of any photograph, drawing, account (whether text, data or visual) or description of any Game/Event or any excerpt of any Game/Event, taken or made by Bearer or his or her assigning news organization, shall be limited to news coverage of that Game/Event by the assigning news organization to which the credential is issued.

 

Neither Bearer nor his or her assigning news organization, provider or vendor shall be permitted to record, transmit, use, license or distribute (including, by way of example only, to any owner or operator of a casino, sportsbook, and/or fantasy sports organization for any purpose) any film, video or audio of any Game/Event (or any excerpts thereof), including but not limited to on a live streaming basis or in a high-speed sequential manner (e.g., animated .GIFs) so as to approximate video; provided, however, that if an assigning news organization has been authorized by the applicable League to record, transmit or use film, video or audio excerpts of a Game/Event pursuant to such League’s Video and Audio Highlights License (the “Highlights License”) or by separate written authorization from the League, it may do so in accordance with the terms of the Highlights License or such separate written authorization.

 

All ownership, copyright and property rights in each Game/Event (including, without limitation, the statistics thereof) and in any telecast, broadcast, transmission or recording thereof shall remain the sole property of the respective League, and no such rights are conferred to or intended to be conferred to, or created on behalf of, Bearer or any other person or entity by the issuance of this credential.

 

BEARER expressly acknowledges an inherent risk of exposure to COVID-19 exists in any place where people gather and that no precautions (including the Safety Requirements described HEREIN) can eliminate the risk of exposure to COVID-19.  COVID-19 is an extremely contagious disease that can lead to severe illness and death.  While people of all ages and health conditions have been adversely affected by COVID-19, certain CATEGORIES OF people have been identified by public health authorities as having greater risk based on age and/or underlying medical conditions.

 

Bearer and his or her employer or assigning news organization, provider or vendor:  (i) assume all risk incident to the performance of services by Bearer and assume all risk incident to Bearer’s attendance at Games/Events (including, without limitation, personal injury (including death), sickness (including illness and other risks of exposure to COVID-19, or any other communicable disease or illness, or a bacteria, virus or other pathogen capable of causing a communicable disease or illness), lost, stolen, damaged or confiscated property, and all other hazards arising from, or related in any way to, the Games/Events (including complying with the Safety Requirements), whether occurring prior to, during or after a Game/Event), in each case, howsoever caused, whether by negligence or otherwise; (ii) agree to release, indemnify and hold harmless each of the Leagues, their respective teams, arenas/venues, and their respective affiliates, direct and indirect owners, officers, directors, members, managers, partners, agents, contractors, employees, successors and assigns (COLLECTIVELY, THE “RELEASED ENTITIES”) from and against all claims, liability, loss, damage or expense resulting from or arising out of (x) Bearer’s presence at the arena/venue (which may include, without limitation, Bearer’s exposure to COVID-19), (y) Bearer’s acts or omissions or (z) the presence at an arena/venue of any cameras, wires, cabling or other equipment brought on the premises or used by Bearer; and (iii) grant permission to each of the Leagues, their respective affiliates and their respective designees to utilize without compensation Bearer’s image, likeness and/or voice in any photograph or live or recorded video or audio display or other transmission or reproduction of any Game/Event or in any excerpt thereof.

 

The Bearer and the Bearer’s belongings may be searched upon entry into an arena/venue and/or other security checkpoints, prohibited items (which may include, without limitation, bags) may be confiscated at the sole discretion of the Leagues, the applicable team and/or arena/venue, and the Bearer hereby consents to the foregoing and waives any related claims that might arise against any of the Released Entities.  If Bearer elects not to consent, Bearer will be denied access to the arena/venue.

 

THE BEARER and his or her employer or assigning news organization, provider, or vendor AGREE THAT ANY DISPUTE, CLAIM, OR CAUSE OF ACTION IN ANY WAY RELATED OR INCIDENTAL TO THE CREDENTIAL, THE CREDENTIAL USE CONDITIONS, OR THE BEARER’S PRESENCE AT, TRAVEL TO, OR PROVISION OF SERVICES AT, A GAME/EVENT, AND ANY ACTIVITY ASSOCIATED THEREWITH, SHALL BE RESOLVED BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION IN THE CITY WHERE THE ARENA/VENUE AT WHICH THE APPLICABLE GAME/EVENT TOOK PLACE IS LOCATED.  The arbitration shall be held before a neutral, single arbitrator conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021, subject to the U.S. Federal Arbitration Act and federal arbitration law (which is applicable because the leagues and their RESPECTIVE teams are engaged in transactions involving interstate commerce with respect to games/Events).  The costs of such arbitration shall be split evenly among the parties except upon an arbitrator’s finding that such split renders the arbitration cost-prohibitive to the BEARER.  Any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause shall be delegated exclusively to the arbitrator selected pursuant to this provision.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. THE BEARER and his or her employer or assigning news organization, provider, or vendor FURTHER AGREE THAT ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION.   IF THE BEARER or his or her employer or assigning news organization, provider, or vendor DO NOT CONSENT TO THIS CLAUSE, THE BEARER MUST LEAVE OR NOT ENTER THE ARENA/VENUE BECAUSE AGREEMENT TO MANDATORY ARBITRATION IS A CONDITION OF USE OF THE CREDENTIAL TO WHICH THE BEARER IS NOT OTHERWISE ENTITLED.

 

The Leagues or their designees may at any time revoke a credential and/or any of the rights granted hereunder for any reason in its sole discretion.  In case of any dispute regarding the terms and conditions of this agreement, New York law will apply (without regard to its choice-of-law principles).

 

Acceptance of a credential constitutes agreement by Bearer and his or her employer or assigning news organization, provider or vendor to abide by the (i) foregoing conditions, (ii) conditions on reporting and transmitting updates regarding games in progress that are displayed in the arena/venue, (iii) the respective League Policy for Online Use by Media and the Virtual Media Availability Terms and Conditions, each of which can be found at mediacentral.nba.com, and (iv) all health and safety protocols of the Leagues and the applicable team and arena/venue (including the Safety Requirements).

 

For clarity, and notwithstanding anything to the contrary herein or in any other League rules, the credential does not grant any right to a Bearer working for an authorized provider or vendor of game-related services to provide news coverage of any Game/Event (i.e., as opposed to a Bearer working on an assignment for a legitimate news organization).

 

No autographs are allowed during media access periods.  Copying, duplicating or otherwise reproducing or distributing a credential or its image in any manner, in whole or in part, is strictly prohibited.

 

–NATIONAL BASKETBALL ASSOCIATION

–WOMEN’S NATIONAL BASKETBALL ASSOCIATION

–NBA G LEAGUE

–NBA 2K LEAGUE

 

 

 

 

 

EXHIBIT III-A

 

 

POLICY ON REPORTING AND TRANSMITTING

GAME UPDATES

 

The following policy shall apply to all media personnel that attend NBA G League games:

 

  • Without the prior specific written approval of the NBA G League, no media personnel shall transmit or report scores and/or other game information out of an NBA G League arena/venue during an NBA G League game (by computer, telephone or any other means) to any person or entity (including, without limitation, to his or her assigning news organization) more than three times during each quarter and once during each of the two quarter breaks (with each such transmission or report being no longer than thirty seconds in duration); provided, however, that in the event that the game involves one or more “overtime” periods, two additional transmissions or reports (with each such transmission or report being no longer than thirty seconds in duration) per overtime period (once during the overtime period and once during the break immediately prior to the start of such overtime period) shall be authorized. To the extent any of such transmissions or reports are “on-air”, the transmission must be made from a designated, “back-of-house” area within the arena/venue.
  • The limitations contained in the preceding paragraph shall not be applicable during pre-game, post-game or half-time of the game.
  • All costs relating to the use by media personnel of any telephone line provided by the arena/venue or team shall be paid for by such media personnel.
  • Any unauthorized transmission or report out of an arena/venue may result in the revocation of any credential issued for any NBA G League game and any other remedy that may be available to the NBA G League.

 

Thank you for your cooperation.

 

NBA G LEAGUE

EXHIBIT III-B

 

 

 

 

NBA G League

TO:                  WORKING MEDIA

 

FROM:             NBA G LEAGUE COMMUNICATIONS

 

DATE:              OCTOBER 7, 2021

 

SUBJECT:        2021-22 NBA G LEAGUE POLICY FOR ONLINE USE BY MEDIA

 

Set forth below are the terms and conditions which govern the online use of the following elements only on the websites of those news media organizations that are authorized by the NBA G League (“NBA G League“) or its teams (“Authorized Media Organizations”) to access NBA G League arenas, practice facilities or other venues that are either controlled by the NBA G League or its teams or at which NBA G League-related events take place, including any back-of-house areas within such venues (collectively, “NBA G League Venues”):  (i) video and/or audio excerpts of practices, warm-ups, interviews, formal coach and/or player media availability (i.e., press conferences or other formal media sessions) (“Formal Media Availability”) and other non-game content gathered at such NBA G League Venues (collectively, “Non-Game Action Content”); and (ii) photographs of NBA G League game and non-game action gathered at NBA G League Venues (“NBA G League Photos”).  For clarity, other than video and/or audio excerpts of Formal Media Availability, which may be exhibited on third-party platforms pursuant to the terms set forth below, no Non-Game Action Content or NBA G League Photos may be streamed or otherwise exhibited on third-party platforms (including, without limitation, via any live streaming mobile or social media platforms (e.g., Periscope, Facebook Live)) without separate written authorization from the NBA G League or its designee (e.g., NBA Entertainment).

 

Non-Game Action Content:

 

  1. Under no circumstances may Non-Game Action Content include any video and/or audio footage of NBA G League game or event action or on-court ancillary events (including, but not limited to, anthem, mascot, dance team or other performances).

 

  1. Non-Game Action Content may only be used for news coverage of the event for which Non-Game Action Content is captured.  Any other use (including, but not limited to, general editorial coverage of the NBA G League) requires the prior written consent of the NBA G League or its designee (e.g., NBA Entertainment).

 

  1. Subject to the exception for Formal Media Availability set forth below, no more than two (2) minutes of Non-Game Action Content may be made available online to end-users per day.

 

  1. Formal Media Availability may be streamed live and re-exhibited (subject to the 72-hour limitation set forth below).

 

  1. Non-Game Action Content (other than Formal Media Availability as set forth above) may not be streamed or otherwise transmitted on a live basis, including but not limited to via any live streaming mobile or social media platforms (e.g., Periscope, Facebook Live).

 

  1. Non-Game Action Content may not be made available online for more than 72 hours after it is first posted, and in no event may Non-Game Action Content be posted or otherwise stored in any archive available online to end-users after such 72-hour period.

 

  1. Where commercially practicable, Non-Game Action Content must be geo-blocked so that it is only made available in the Unites States and Canada.

 

  1. No sponsorship or advertising may be used in a manner that implies any association between any advertiser and the NBA G League, any NBA G League team or Non-Game Action Content.

 

  1. The limitations on Non-Game Action Content shall not be construed to limit “stand-up” reports from NBA G League Venues by Authorized Media Organizations that do not include game or event action footage or Non-Game Action Content.

 

 

NBA G League Photos:

 

  1. NBA G League Photos may only be used for news coverage of the event for which NBA G League Photos are captured.  Any other use (including, but not limited to, general editorial coverage of the NBA G League) requires the prior written consent of the NBA G League or its designee (e.g., NBA Entertainment).

 

  1. No sponsorship or advertising may be used in a manner that implies any association between any advertiser and the NBA G League, any NBA G League team or the NBA G League Photos.

 

  1. Photo galleries shall be limited to a reasonable number of NBA G League Photos.

 

  1. NBA G League Photos may not be included in photo galleries that may be viewed in a high-speed sequential manner (e.g., animated .GIFs) so as to approximate video.

 

*           *           *

 

The above terms and condition are in addition to those set forth in any media credential issued to Authorized Media Organizations.  Any violation of these terms and conditions may result in revocation of the violator’s NBA G League media credential, denial of access to NBA G League Venues and/or subject the violator to any other remedy available to the NBA G League.

 

The rights granted by this policy may not be assigned or otherwise transferred in any manner without the prior written consent of the NBA G League.

 

Any use of Non-Game Action Content or NBA G League Photos at times and/or in circumstances not expressly permitted by this policy, and any use of NBA G League game or event action footage, requires a separate license from the NBA G League or its designee (e.g., NBA Entertainment).

 

Any online use of any Non-Game Action Content or NBA G League Photos shall constitute acceptance of these terms and conditions.

 

 

 

 

 

 

EXHIBIT III-C

 

 

 

NBA G League

 

 

FROM:             PHILLIP BAUSK, ASSOCIATE MANAGER, G LEAGUE COMMUNICATIONS

 

DATE:              OCTOBER 7, 2021

 

RE:                  2021-22 NBA G LEAGUE SEASON VIRTUAL MEDIA AVAILABILITY TERMS AND CONDITIONS

 

Set forth below are the terms and conditions relating to virtual media availability in connection with the 2021-22 NBA G League season.

 

Virtual media availability (e.g., virtual press conferences) will be conducted via Zoom Conferencing (or such other virtual meeting platform determined by the NBA G League).  Media who are invited to participate in such Zoom Conferences (“Participants”) will be sent Zoom Conference scheduling and meeting information under separate cover.  Each team, in its sole discretion, will determine the format for its Zoom Conferences (e.g., length of time, number of questions to be addressed by Zoom Conference moderators, whether the video functionality of Participants’ screens will be turned on or off).

 

TERMS AND CONDITIONS

 

  1. Participants may not engage in any offensive or obscene behavior or any other inappropriate behavior as determined by the NBA G League.

 

  1. Participants may not endorse or promote (or display signs or other items or wear any apparel that promotes) any commercial third party as determined by the NBA G League, or otherwise transmit or convey any messaging that the NBA G League determines is inappropriate.

 

  1. Unless expressly authorized in writing by the NBA G League, the use, distribution, exhibition, reproduction, adaptation, display, performance or publication in any form of any photograph, drawing, account (whether text, data or visual) or description of any Zoom Conference or any excerpt thereof, taken or made by a Participant or his or her assigning news organization, shall be limited to news coverage of that Zoom Conference.
  2. All ownership, copyright and property rights in each Zoom Conference and in any telecast, broadcast, transmission or recording thereof shall remain the sole property of the NBA G League, and no such rights are conferred to or intended to be conferred to, or created on behalf of, any Participant or any other person or entity.

 

  1. Each Participant hereby grants permission to the NBA G League, its affiliates and their respective designees to utilize without compensation Participant’s image, likeness and/or voice in any photograph or live or recorded video or audio display or other transmission or reproduction of any Zoom Conference or in any excerpt thereof.

 

  1. Participants must also adhere to any additional Zoom Conferencing (or such other virtual meeting platform) terms and conditions.

 

In addition, Participants are discouraged from distributing in-progress updates or coverage from a Zoom Conference until the conclusion of such Zoom Conference.

 

The NBA G League or its teams (or their respective designees) may at any time revoke any invitation to a Zoom Conference.  Acceptance of a Zoom Conference invitation, or entry or participation in a Zoom Conference, constitutes agreement by Participant and his or her employer or assigning news organization to abide by the terms herein.

 

In addition to the foregoing terms and conditions, all media (including credentialed media) shall abide by all other NBA G League rules, regulations and policies throughout the 2021-22 NBA G League season, including, without limitation, the NBA G League Policy for Online Use by Media, which governs the media’s online use of non-game footage and game and non-game photographs (including the media availability contemplated herein), and is accessible to media via NBA Media Central (mediacentral.nba.com).



EXHIBIT IV

 

CREDENTIAL DISTRIBUTION MEMORANDUM

 

TO:                  All Credentialed Media

 

FROM:             The [NAME OF TEAM]

 

RE:                   Credential Use Terms and Media Policies for 2021-22 NBA G League season

 

DATE:              October 7, 2021

_______________________________________________________________

 

Enclosed please find (1) your full season credential for the 2021-22 NBA G League season, (2) a copy of the 2021-22 Credential Use Conditions, (3) a copy of the 2021-22 NBA G League Policy for Online Use by Media, (4) a copy of the 2021-22 NBA G League Policy on Reporting and Transmitting Game Updates and (5) a copy of the 2021-22 NBA G League Season Virtual Media Availability Terms and Conditions.  You are also reminded to comply with all applicable health and safety protocols, and your and/or your organization’s use of your credential shall constitute your and your organization’s agreement to comply with such protocols (including your understanding of the consequences of your and your organization’s failure to comply).

 

In addition, you will at all times be subject to the following “Stay-at-Home” rules:

 

You agree not to attend any game, event, or other team activity if, within the prior 14 days, you have tested positive for COVID-19, or, unless fully-vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention (“CDC”)):

 

  • Within the prior 14 days, you were exposed to someone who has tested positive for COVID-19;

 

  • Within the prior 14 days, you have travelled to a state or international territory identified by federal or applicable local governments as being subject to travel or quarantine advisories due to COVID-19; or

 

  • Within the prior 48 hours, you have experienced symptoms of COVID-19 (e.g., a fever of 100.4⁰F or higher, cough, shortness of breath or difficulty breathing, chills, repeated shaking, muscle pain/achiness, headache, sore throat, new loss of taste or smell, nasal congestion, runny nose, vomiting, nausea, diarrhea, fatigue or any other symptoms associated with COVID-19 identified by the CDC (“COVID-19 Symptoms”)).

 

Anyone who is fully vaccinated but experiences any of the COVID-19 Symptoms identified above within the 48 hours prior to any game, event or other team activity should nevertheless consult a healthcare provider and receive a negative test result for COVID-19 before attending.

 

Please be reminded to prominently display your credential at all times while on team or arena premises.  Also, please remember to visit the press room (or other area) when you are on site as relevant information is often made available there.

 

Please note that while your credential grants you access to team games, it does not necessarily grant you access to team practices, shootarounds or other team events.  The following policy will be in place with respect to your coverage of team practices, shootarounds and other team events:

 

  1. Videotaped, filmed or audio excerpts (“Footage”) and photographs taken by your media organization at a team practice, shootaround or other team events (collectively, “Content”) may be used solely for news reporting by your organization;

 

  1. Any Footage that is used shall not exceed two (2) minutes in duration and may be used only within the 72 hours immediately following the practice, shootaround or other team event from which such Footage was obtained; and

 

  1. Any proposed use of Content on the internet or any other online service or computer network must be (a) in accordance with the enclosed NBA G League Policy for Online Use by Media, which can also be found at NBA Media Central (mediacentral.nba.com) or (b) separately licensed by NBA Entertainment.

 

Any use of Content at times and/or in circumstances not expressly permitted by this policy, and any use of NBA G League game action footage, requires a separate license from NBA Entertainment.

 

In the event that you wish to use Content at such times and/or in circumstances not expressly permitted above, please contact NBA Entertainment’s Licensing Department at (201) 974-6164.

 

Any use of any Content shall constitute acceptance of these terms and conditions.

 

We thank you for your cooperation and look forward to a successful season.

 

Enclosures

  • 2021-22 Full Season Credential
  • 2021-22 Credential Use Conditions
  • 2021-22 NBA G League Policy for Online Use by Media
  • 2021-22 NBA G League Policy on Reporting and Transmitting Game Updates
  • 2021-22 NBA G League Season Virtual Media Availability Terms and Conditions