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TermsofReference
InvestigationintothecircumstancesoftheattemptbyRobYoungtobreaktherecordforrunningacrosstheUSA
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SKINSbelievesinfuellingthetruespiritofcompetitionembodiedinourmanifesto:
We’re a sports brand that doesn’t believe in hype. Maybe it’s because we were invented in Australia, but we like to tell it like it is. We hate the superficial side of big sports marketing. It brings out the worst in sport; bad behaviour, arrogance and a focus on winning by any means necessary. Whatever happened to substance beyond the logo? Whatever happened to brands that actually do what they say? SKINS are proven to deliver more oxygen to your muscles. SKINS reduce lactic acid, enhance muscle restoration and lower’s post exercise pain. We have independent tests to prove it. We’re also here to prove that when it comes to sport there is a line. A line that you fight tooth and nail to defend. A line that you fight even harder to attack. But when it comes to the true spirit of competition, we believe that it’s the line you should never cross. There is nothing better than fighting for every point, for every inch. Going in hard, smashing you opponent, smashing your previous best. We believe in doing whatever it takes to win. Just not at all costs. The only unfair advantage an athlete needs is a natural one. Anyone who believes otherwise has lost the game before it has even begun
Thisisabrieffor:
• RogerPielke;and
• RossTucker-
(collectivelyreferredtoasthe“Investigators”).
TheInvestigatorsareparticipatinginthisInvestigationasindividuals.Anyreferencetothe
affiliationsorbackgroundinformationoftheInvestigatorsisonlyasanidentifieroftheirindividual
capabilities,experienceandsuitabilitytocarryouttheInvestigation.TheFindingoftheInvestigators
willrepresenttheircollectivejudgmentalonewithoutreflection,influenceorassociationwithany
otheraffiliation,employmentorrole(outsideofthisbrief)oftheInvestigators.
PurposeofthisdocumentistobrieftheInvestigatorsto:
• investigatetheattemptbyRobYoung(“theAttempt”)tobreaktherecordforrunning
acrosstheUSA(“Investigation”);
• determineaclearindependentfinding,onthebalanceofprobabilities,whetherthereis
sufficientevidenceornottoreasonablyfindthatRobYoungreceivedanyunauthorised
assistanceintheAttempttobreaktherecordforrunningacrosstheUSA(“theFinding”).
TheInvestigatorswill:
• provideSKINSwithcompletedandsignedConflictofInterestDisclosuresintheformsetout
inAnnexure1priortocommencingtheInvestigation;
• carryoutanindependentinvestigationintotheAttemptfreefrominfluenceofany
stakeholder,personorcompany;
• access,inspectandreviewallGPSandotherdigitaldatacollectedbyRobYoungduringthe
Attemptincludingbutnotlimitedto:
o theTomTomMySportaccountforRobYoung;and
o anyotherdeviceandonlineportalholdingorcontainingdigitaldatafromthe
Attempt–
(“AnalyticalData”);
• analyseallnon-AnalyticalDatarelevanttotheAttemptincludingbutnotlimitedto:
o interviewingDustinBrooksandMichaelSpeicher;
o runnersthatparticipatedintheAttemptwithRobYoung;
o eyewitnessestotheAttempt-namestobeprovided
• carryoutinterviewsinwriting(byemail)settingoutthedirectquestionstothewitnesses
andadeadlinefortheresponses;
• callforsubmissionsfromallpartieswithinformationconcerningtheAttemptbyRobYoung
(“theSubmissions”);
• receiveSubmissionswhere:
o theidentityofthepersonsubmittingtheinformationisidentifiable;
o theSubmissionissenttotheemailaddress:[email protected];and
o theSubmissionisreceivedwithin10daysofthepublicannouncementofthe
Investigationandthereleaseoftheseterms;
• carryouttheInvestigationbetween1July2016and31August2016;
• provideupdatestoSKINSuponrequestregardingtheInvestigationandanypreliminary
findings;
• jointlypubliclypublishtheFindingandreasonsfortheFindinginwritingby30September
2016.
SKINShasprovidedtheInvestigatorswithallcorrespondenceithasreceiveddirectlyfromthird
parties,wheretheidentityofthosepartieshasbeendisclosed,concerningtheAttempt.
RobYounghasindicatedthathewillprovidehisfullcooperationtotheInvestigatorsincluding
attendinginterviewsandprovidingdataforanalysis.
IfduringtheInvestigation,theInvestigatorsdonotreceivefullcooperationfromRobYoung,staffof
SKINSorotherrelevantpartiestotheAttempt,theInvestigatorsaretoreportsuchmatters
immediatelytoJaimieFuller([email protected])andBenjaminFitzmaurice
30June2016
SKINSInternationalTradingAG
__________________________________
JaimieFuller
ChairmanoftheSKINSGroup
Annexure1
CONFLICT OF INTEREST DISCLOSURE FORM Name: Recitals The person name in this Form has been named as an Investigator pursuant to Terms of Reference dated 30 June 2016 (“Terms of Reference”). The descriptions and references in this Form have the same meaning as in the Terms of Reference. This Form is designed to identify and disclose any and all known conflicts of interest in carrying out the Investigation. For the purposes of this Form, the SKINS Group means any of the following companies: SKINS Global Holding AG SKINS International Trading AG (“SKINS”) SKINS Switzerland GmbH SKINS GmbH SKINS Services Limited SKINS Compression Garments Pty Ltd SKINS North America LLC Participant I have read the Terms of Reference. My answers to this disclosure form are correctly stated to the best of my knowledge and belief. Should a possible conflict of interest arise in my responsibilities under the Terms of Reference, I recognise that I have the obligation to notify, based on my position, the Chairman of SKINS Group, Jaimie Fuller, and to abstain from any participation in the Investigation until Mr. Fuller can determine whether a conflict exists and how that conflict shall be resolved. If any relevant changes occur in my affiliations, duties, or financial circumstances, I recognise that I have a continuing obligation to file an amended “Conflict of Interest Disclosure Form” with Mr. Fuller. I understand that the information on this form is solely for use by SKINS and is considered confidential information. Release of this information within SKINS will be on a need-to-know basis only. Release to external parties will be only when required by law. _________________________________ ________________ Signature Date Please complete the following questions, and submit this form to SKINS.
1. Are you or a member of your immediate family an officer, director, trustee, partner
(general or limited), employee or regularly retained consultant of any company within the SKINS Group?
________Yes _________No
If yes, please provide the details: 2. Are you or a member of your immediate family affiliated with or have a relationship
with Rob Young?
________Yes _________No
If yes, please provide the details: 3. Do you or does any member of your immediate family have a financial interest, direct
or indirect, in any company in the SKINS Group?
________Yes _________No
If yes, please provide the details: 4. Do you or does any member of your immediate family have a financial or personal
interest in an entity which has a financial or other vested interest in the SKINS Group. ________Yes _________No
If yes, please provide the details:
5. Apart from receiving a fixed fee (agreed prior to the finalisation of the Terms of
Reference) to carry out the Investigation, have you or an immediate family member accepted gifts, gratuities, lodging, dining, or entertainment that might reasonably appear to influence the Finding?
________Yes _________No
If yes, please provide the details:
If any material changes to the responses provided on this disclosure form occur, the Investigator is required to update the information on this form in writing, and submit the update to Mr. Fuller.