Terms of Reference
Investigation into the circumstances of the attempt by Rob Young to break the record for running across the USA
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SKINS believes in fuelling the true spirit of competition embodied in our manifesto: 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
This is a brief for: •
Roger Pielke; and
•
Ross Tucker - (collectively referred to as the “Investigators”).
The Investigators are participating in this Investigation as individuals. Any reference to the affiliations or background information of the Investigators is only as an identifier of their individual capabilities, experience and suitability to carry out the Investigation. The Finding of the Investigators will represent their collective judgment alone without reflection, influence or association with any other affiliation, employment or role (outside of this brief) of the Investigators. Purpose of this document is to brief the Investigators to: •
investigate the attempt by Rob Young (“the Attempt”) to break the record for running across the USA (“Investigation”);
•
determine a clear independent finding, on the balance of probabilities, whether there is sufficient evidence or not to reasonably find that Rob Young received any unauthorised assistance in the Attempt to break the record for running across the USA (“the Finding”).
The Investigators will: •
provide SKINS with completed and signed Conflict of Interest Disclosures in the form set out in Annexure 1 prior to commencing the Investigation;
•
carry out an independent investigation into the Attempt free from influence of any stakeholder, person or company;
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access, inspect and review all GPS and other digital data collected by Rob Young during the Attempt including but not limited to: o
the TomTom MySport account for Rob Young; and
o
any other device and online portal holding or containing digital data from the Attempt – (“Analytical Data”);
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•
analyse all non-Analytical Data relevant to the Attempt including but not limited to: o
interviewing Dustin Brooks and Michael Speicher;
o
runners that participated in the Attempt with Rob Young;
o
eye witnesses to the Attempt - names to be provided
carry out interviews in writing (by email) setting out the direct questions to the witnesses and a deadline for the responses;
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call for submissions from all parties with information concerning the Attempt by Rob Young (“the Submissions”);
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receive Submissions where: o
the identity of the person submitting the information is identifiable;
o
the Submission is sent to the email address: submission@skins.net; and
o
the Submission is received within 10 days of the public announcement of the Investigation and the release of these terms;
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carry out the Investigation between 1 July 2016 and 31 August 2016;
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provide updates to SKINS upon request regarding the Investigation and any preliminary findings;
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jointly publicly publish the Finding and reasons for the Finding in writing by 30 September 2016.
SKINS has provided the Investigators with all correspondence it has received directly from third parties, where the identity of those parties has been disclosed, concerning the Attempt. Rob Young has indicated that he will provide his full cooperation to the Investigators including attending interviews and providing data for analysis. If during the Investigation, the Investigators do not receive full cooperation from Rob Young, staff of SKINS or other relevant parties to the Attempt, the Investigators are to report such matters immediately to Jaimie Fuller (jaimie.fuller@skins.net) and Benjamin Fitzmaurice (benjamin.fitzmaurice@skins.net). 30 June 2016 SKINS International Trading AG
__________________________________ Jaimie Fuller Chairman of the SKINS Group
Annexure 1
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.