Saturday, May 30, 2026

Alcohol, Betting NIL Deals Fair Game for Some Athletes

  • Some state laws and school rules allow athletes to partner with companies the NCAA considered “taboo.”
  • There’s clearly a market in the NIL industry for 21+ companies like alcohol brands and gambling operators, even if it isn’t legal for long.
Photo: Brian Burkard/Design: Alex Brooks

In recent years, schools have begun striking deals with companies the NCAA considered “taboo,” like alcohol companies and sports betting operators.

Now, some state NIL laws and school rules allow athletes to do NIL deals with these types of companies, too.

The NCAA tried to stop this, but the Alston ruling made it illegal for the governing body to institute any strict NIL rules — including prohibiting brands in certain categories from participating.

Already, a couple deals have surfaced. FAU quarterback N’Kosi Perry signed with a local brewery called Islamorada Beer Company. MaximBet, a sports betting operator that just set up shop in Colorado, has offered a deal to every 21+ women’s sports athlete in the state.

“We are big supporters of NIL,” Doug Terfehr, VP of Brand and Communications at MaximBet, told FOS. “We do believe it’s been long overdue. We do think the accessibility of all categories that are available for colleges to sell, and be able to have a partner for, should be available to the student-athlete as well.”

Home Run for Everyone?

All parties can benefit from these deals — even if some consider them controversial. “It’s just a matter of everyone playing ball,” sports attorney and New York Law School professor Dan Lust told FOS.

Islamorada’s co-founder and VP of Business Development, Jose Herrera, has long admired Perry. The NIL deal gives Herrera the chance to support Perry financially and hopefully get some press in the community where he sells beer.

Since the current deals are considered the first of their kind, they also provide national publicity, Lust said. The attention from being “first” has given Herrera a chance to show distributors that name recognition for Islamorada extends beyond Florida.

Similarly, MaximBet just launched in Colorado — and the company wanted to make a splash by enlisting an army of local athletes to introduce them to the state. “We really wanted to connect with the community and get their attention,” Terfehr said.

They also can create a potential recruiting advantage for schools that allow athletes to do deals with companies others don’t. “These are billion-dollar industries,” Lust said. “Maybe that makes [a school] that much more attractive to a competitor in the same conference or the same city.”

Responding to the Haters

Not all the publicity is positive, of course. Some critics say college athletes shouldn’t be allowed to associate themselves with “banned” substances and gambling companies — even if they are 21.

Both brands pointed to their emphasis on responsible use of their products and their marketing strategy, however. 

Perry is “not a big drinker,” Herrera said. “Yes, we are sponsoring a college athlete. But that college athlete is also promoting … ‘drink responsibly.’ He’s not out there chugging beers.” 

And Islamorada’s campaign isn’t targeting college students, Herrera said. They “drink cheap beers,” Herrera said. “We’re a high-end craft … We’re just getting out here for the fans.”

MaximBet structured their partnership so that athletes aren’t “incentivized to get sign-ups,” Terfehr said. Instead, they’re tasked with promoting the lifestyle side of the brand and the events it hosts.

An Uncertain Future

There’s clearly a market in the NIL industry for 21+ companies — even if it isn’t legal for long.

MaximBet has gotten “interest” from athletes in all three divisions, and “compliance teams have been very open to the relationship,” Terfehr said. They’ve also received inquiries from 21+ male athletes in and out of Colorado. Islamorada is working on signing a female athlete.

But there are two remaining hang-ups.

First, the definition of “taboo” isn’t even clearly defined. A wave of athletes have signed up to partner with Barstool, for example — which is partially owned by Penn National Gaming. Some schools have deemed it acceptable, while others said its ties to sports betting disqualify it from partnering with their athletes.

Major companies, like Bud Light and DraftKings, haven’t jumped in yet. Lust said many of them are still in wait-and-see mode, whether they’re considered “taboo” or not. “Big players are waiting to see what federal mandate comes down.”

It’s unclear when Congress might finally pass a law or what might be in it — but officials are still asking to ban these kinds of companies from NIL deals.

Tips? Comments? Reach out to Amanda Christovich at amanda@fos.company or on Twitter.

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Frances Cabral-Delaney

How Arsenal Fandom Went ‘Manic’

“People do not become Arsenal fans because it’s easy,” says Zohran Mamdani.
Dec 6, 2025; Arlington, TX, USA; BYU Cougars safety Faletau Satuala (11) tackles Texas Tech Red Raiders tight end Terrance Carter Jr. (7) during the game between the Red Raiders and the Cougars at AT&T Stadium.

Big 12 Spring Meetings: CFP Expansion and Private-Capital Deal

Most Big 12 leaders support a 24-team CFP, though execution is unclear.
Mar 19, 2025; Sacramento, California, USA; Cleveland Cavaliers forward/center Tristan Thompson (13) responds to a fan during the fourth quarter Sacramento Kings at Golden 1 Center.

Tristan Thompson Sues After Crypto Company Ends His Deal Early

Thompson says the company promised him $2 million worth of tokens.
Mar 3, 2025; Miami, Florida, USA; Miami Heat guard Terry Rozier (2) warms up prior to the game against the Washington Wizards at Kaseya Center.

Feds Say Terry Rozier Took $70K Bribe in Sports Betting Case

Rozier’s attorney says it’s “all just a misplaced effort to make something stick.”

Featured Today

May 23, 2026; Anaheim, California, USA; Fans participate in a tarp off during a MLB game between the Los Angeles Angels and the Texas Rangers at Angel Stadium

‘Tarps Off’: How Shirtless Fans Took Over MLB

The viral movement began with the SFA club baseball team.
Apr 6, 2026; Arlington, Texas, USA; Seattle Mariners catcher Cal Raleigh (29) walks to the on deck circle during the game against the Texas Rangers at Globe Life Field
May 28, 2026

Why Ballparks Are Louder Than Ever

Some stadiums sound like veritable nightclubs. How did we get here?
May 24, 2026; Evanston, IL, USA; Northwestern Wildcats attack Kathryn Ratanaproeksa (13) shoots against the North Carolina Tar Heels during the first half at Martin Stadium
May 26, 2026

Can Women’s Lacrosse Buck the Trend in College Sports?

The sport is fighting to prove its worth in the revenue-sharing era.
May 22, 2026

Big Money on the Line on Premier League’s Final Day

Arsenal has won the title, but millions are still at stake.

Big 12 Coaches Unanimously Back 24-Team CFP Expansion

Every coach voted for a 24-team playoff on Thursday.
May 27, 2026

Big 12 Commish Already Eyeing Next Media Deal, Bigger Payday

The conference’s media deals with Fox and ESPN run through this decade.
Nov 28, 2025; Atlanta, Georgia, USA; A general view of the the line of scrimmaged during a game between the Georgia Tech Yellow Jackets and Georgia Bulldogs in the first quarter at Mercedes-Benz Stadium.
May 28, 2026

At SEC Spring Meetings, a Consensus on Problems, but Not Solutions

Georgia discussed a “breakaway,” where the SEC would set or enforce its own rules.
Sponsored

The Hidden Economy of Race Weekend

Learn more about the Vintage Flying Museum and how Spectrum Business is helping them achieve their business goals while fueling their dreams.
May 27, 2026

Big 12 Coaches Back March Madness Expansion: Bigger Is Better

Next year’s tournament will expand from 68 to 76 teams.
Ted Cruz
May 27, 2026

Senators Introduce Long-Awaited Bipartisan College Sports Bill

The bill comes one week after the House canceled another vote on the SCORE Act.
Texas Tech's Brendan Sorsby goes through warmups before the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
May 27, 2026

NCAA Denial Sends Brendan Sorsby Eligibility Fight to Court

A hearing for Sorsby’s lawsuit is scheduled for June 1.
Florida head coach Jon Sumrall speaks after spring practice at Sanders Practice Fields in Gainesville, FL on Tuesday, April 7, 2026. [Alan Youngblood/Gainesville Sun]
May 26, 2026

No Consensus Among SEC Coaches Over CFP Expansion

“I’m really more worried about the financial burden that we’re under right now.”