This group is dedicated to changing the antiquated rules that govern the type of advertisements track and field athletes are allowed to wear when they compete. Currently, the IAAF is damaging our sport by making it next to impossible for athletes to gain corporate sponsors because of their regulations on where and how a logo can be displayed. It’s time for these damaging rules to be changed so that badly needed dollars can once again flow into our sport!
I shared the group with a few friends, and they shared it with a few of their friends. Within forty-eight hours the group had more than four thousand followers. Suddenly, I was inundated with media requests. People wanted to know why I was speaking out so loudly against these rules. Many people also wanted to know how my main sponsor, Nike, felt about all of this. Although I knew that Nike’s sponsorship of Team USA made up almost half of USATF’s annual operating budget, I was not sure how much influence they had on the enforcement of the guidelines. I expressed this in a blog that I wrote for a popular running website, flotrack.com:
The only advertising allowed on an athlete’s body is that of their club and clothing manufacturers, and even these have absurd rules limiting where they can be placed and how large they can be. Do Nike, Adidas, ASICS, Puma, New Balance, etc. care that the USATF and IAAF are bullying them? Or, perhaps, I am being too naïve: It could be that the shoe companies agree to have their logo shrunk down to the size of a postage stamp so long as USATF and IAAF ensure that it can be the ONLY logo there.
As it turned out, I was being far too naïve. As I recall, Nike was the only company to go on record regarding the issue, saying they preferred the IAAF to set all rules regarding logo restrictions.
Through all of this I managed to capture the attention of the Track and Field Athletes’ Association (TFAA), a fledgling athletes’ union that hoped to empower athletes by giving them a unified voice. I joined their organization and encouraged other athletes to do the same.
The TFAA had a lot going for it. Its organizing members included both Olympic medalists and business school graduates. It also had one very powerful ally in attorney David Greifinger. David resides in the beautiful city of Santa Monica, California, and represented runner Carl Lewis during his career. David was incredibly well versed in the laws surrounding track and field, and pointed out to us that the “guidelines” that USATF enforced did not appear anywhere in their rulebook. He went on to say that by the very definition of “guidelines,” they were not mandatory and we did not have to follow them.
David also felt that if USATF continued to enforce their “guidelines,” they could run the risk of violating US anti-trust laws. Armed with this knowledge and emboldened by David’s presence, many of us at the TFAA booked our tickets to the 2011 USATF annual meeting to voice our concerns. This meeting was set to take place in St. Louis, Missouri the first week of December.
I had many other meetings during my three-day trip to St. Louis, but the most interesting one was an Athletes Advisory Committee (AAC) meeting that included athletes, agents, and representatives from Nike. I was asked to speak at this meeting to give the room an athlete’s perspective. That day I wore jeans and a gray, USATF T-shirt with the giant USATF logo covered in tape. The logo would have been considered noncompliant with their own guidelines. I stood at the podium, wearing my ridiculous looking taped shirt, in front of several hundred people. There were a few Nike representatives sitting in the first row, and as I spoke, one scowled at me and shook his head.
I understood very well that I was still under contract with Nike, and tried to keep the conversation directed at the relevant party, USATF. “I am extremely grateful for everything that Nike has done for me,” I began. I went on to say that I felt that USATF had confiscated advertising space that belonged to me. They then sold it to their sponsors for the highest dollar, and kept the vast majority of that money for themselves. I argued that there was nothing wrong with one company having exclusivity with regard to advertising space on an athlete, but that a company should have to pay the athlete for that exclusivity, not the governing body.
That is what happens in many other sports. Take golf, for example. Nike typically has exclusive contracts with their athletes, and Tiger Woods is not an exception. However, to have that exclusivity, Nike pays Tiger tens of millions of dollars. Nike pays for the logo on his hat, ball, clubs, shirts, and on his shoes. They do not pay the United States Golf Association for this exclusivity. I felt that it should be no different in track and field.
Shortly after I concluded my speech, a Nike executive got up to say a few words. Several minutes into his speech he was approached by a colleague and told that someone in the room was live streaming the meeting on the Internet. The executive and his companions said this was unacceptable, and left the room.
We athletes were then chastised by AAC president Jon Drummond for our “unprofessionalism” for posting a video feed of the meeting on the Internet. Jon went on to tell us that he had promised the Nike representatives that this would be a closed door meeting. Unfortunately, Mr. Drummond failed to mention his Nike promise to the rest of us. In the end, the situation made the athletes look bad when it was Jon Drummond who, in my opinion, had acted in an unprofessional manner.
These absurdly amateur moments, which AAC meetings are notorious for, continued when I brought up the point that, in AAC operating protocol, to have a closed-door meeting required a vote among the members. As I brought this to the attention of the room, a former AAC leader stood up and verbally threatened me, swearing at me in front of the entire room. She said that I was new to these meetings and had no idea what I was talking about (even though David Greifinger had pointed out that what I had said was correct). After several minutes of verbal abuse, someone finally escorted her out of the room.
As an athlete who was trying to run a business in a “professional” environment, I was flabbergasted. In my mind, these meetings were anything but professional. The only real professional part of the sport seemed to be the relationship I had with Nike, which was only professional because we had entered into a legally binding contract together.
That, however, is where good relations stopped with regard to me. Shortly after the AAC meeting, my agent, Chris Layne, received a call from a Nike staffer. According to Chris, the Nike rep said if I wanted to get out of my contract, they were happy to let me go. The process of negotiating a sports contract like mine can be long, intricate, and difficult, and the experience is not always pleasant. That's why I am glad Chris has my back. Chris explained to Nike that, for the most part, I enjoyed working with them very much, but felt that Nike should pay me for my exclusivity, not USATF.
Needless to say, it was a long weekend and I left St. Louis drained of energy and motivation to stay in this very poorly managed sport of track and field. Just as I was about to end the fight, and maybe my professional running career, I received a call from David Greifinger. He had great news. In its final meeting, USATF had tabled a vote on logo restrictions, and for the time being, the guidelines would no longer be enforced. The athletes had won the battle.
What this amounted to was that domestically, in all meetings governed by USATF, athletes could now run around looking like a NASCAR driver if they chose. However, the more high profile international meetings, such as the Prefontaine Classic or the New York City Diamond League, were still governed by the IAAF and we would still be subjected to their rules.
Armed with this exciting new knowledge, I flew home to Eugene and plotted how I could use it to my advantage. I first tried to reconnect with some of the sponsors who had shown interest in the past, but for the most part, I did not hear back from them. As is typically my move when I’m at a dead end, I decided to do something radical.
Aware of how Nike felt about me putting other logos on their products, I started to think of other ways I could give a potential sponsor a return on their investment. One cold, rainy night as I sat in front of my TV, I had an idea. I was going to put the advertising space of my left shoulde
r up for auction on eBay. The advertisement would take the form of a temporary tattoo, which I would display on my left deltoid during all of my competitions in 2012.
Initially, I was curious what something like this would go for, and did not expect it to fetch me much money. For this reason, I decided to auction off the space as a place for someone to advertise their Twitter handle, rather than a corporate logo. This also allowed the average fan to take part in the auction, as not everyone has a logo but almost everyone has access to his or her own Twitter handle. I figured worst case scenario it would be a fun way to interact with my fans. My plan also could bring more attention to the struggles many Olympians face when they try to gain corporate support.
On the evening of January 7, 2012, eBay auction #180789582037 went live. The auction was titled, “Your Twitter Name on an Olympian in 2012.” I began the auction at 99¢, but set a reserve price of fifteen dollars to cover the cost of having the temporary tattoos made. I then posted a link to the auction on my various social media accounts.
Within minutes, the auction shot up to over one hundred dollars, as friends and fans took part in the excitement of an auction of this nature. Within twenty-four hours the auction was up over a thousand dollars, and I realized I needed to draw up some form of legal contract to protect myself, lest I end up having to advertise something inappropriate on my shoulder all season.
I was in need of legal advice, so I contacted the brilliant David Greifinger once again. We worked together to come up with a disclaimer and legal contract that was added to the auction listing. The disclaimer and contract read:
Thank you to everyone who has checked out this auction and to those of you who have bid on it. In the days since I began this auction I have done interviews with ABC, CBS, Wired.com, The Wall Street Journal, and a host of other media outlets. Many of these media outlets will be covering the conclusion of this auction. Whose Twitter handle will they be reporting as the winner? It could be yours! I did not anticipate this auction gaining so much attention. Due to the fact that this auction is now about an athlete-sponsor relationship that is worth thousands of dollars it is in both parties best interest to have a contract. By placing a bid on this auction you are agreeing to the terms set forth in the contract below. I believe you will find that these are the same terms as outlined above, but present more clarification as to the terms of the agreement. That said, rest assured that I will make sure that the person or company who’s Twitter name appears on my arm gets much national and international exposure through the entire 2012 season. As stated in the contract below, no American has a guaranteed spot on the 2012 Olympic Track and Field Team until after the Olympic Trials. For me to make this team I will need to finish in the top 3 at the USA Olympic Trials. I am the current defending Olympic Trials Champion at 800 meters and in 6 years of competing at the USA National Outdoor Championships my lowest finish has been 2nd.
Thank you,
-Nick Symmonds
The Contract
This is a contract made and entered into by and between Nick Symmonds, LLC (“ATHLETE”) and __________ (“SPONSOR”). In consideration of the mutual promises, terms, and conditions set forth in the contract below, the parties agree as follows:
A. CONTRACT PERIOD: The contract term shall begin upon the execution of this contract and will expire at 12:00 A.M. on January 1, 2013.
B. ATHLETE’S Responsibilities: ATHLETE agrees to wear a temporary TATTOO of the SPONSOR’s NAME on his left deltoid during all running competitions in the 2012 season. This includes, but is not limited to, all distances located on a 400 meter track or road race. The TATTOO shall take the form of decal, henna, or stenciled marker and will be subject to athlete’s discretion so as to maximize the TATTOO’S ability to remain legible during strenuous exercise. ATHLETE also agrees to TWEET the support of the SPONSOR’s NAME on the first of every month during the Contract Period unless specifically prohibited to do so in the book of regulations published by governing bodies. If SPONSOR is a business or corporation, ATHLETE agrees to endorse the SPONSOR’S Products after a thorough review of the Products’ quality, and provided that the endorsement does not interfere with the terms already set forth in contracts with the ATHLETE’S other sponsors, which include, but are not limited to, NIKE and Melaleuca.
C. SPONSOR’S Responsibilities: SPONSOR agrees to provide ATHLETE with monetary compensation based on SPONSOR’s winning bid at EBAY auction of item #180789582037. This monetary compensation shall be paid as a lump sum payment via check or wire transfer to Nick Symmonds, LLC within ten days of the execution of this contract. SPONSOR also agrees to provide a logo, which will be used to design and produce the TATTOO.
D. Mutual Understandings Between ATHLETE and SPONSOR: ATHLETE and SPONSOR understand that in some cases, governing bodies including IAAF, USOC, and IOC may require ATHLETE to cover the Tattoo in accordance with the rules outlined in their rules books, and the Team Member Agreements (TMA). In these instances, ATHLETE agrees to place a strip of TAPE over TATTOO during the time the regulation requires, and shall remove the TAPE the moment the rules permit. In all interviews before and after a competition, ATHLETE agrees to mention SPONSOR’S NAME when asked about the TAPE covering the TATTOO.
ATHLETE and SPONSOR understand that no American athlete has a guaranteed spot on the 2012 Olympic Track and Field Team until after the 2012 Olympic Trials. This agreement shall be legally binding whether ATHLETE makes the 2012 Olympic Team or not. ATHLETE and SPONSOR understand that injuries are an unfortunate part of professional sports and this agreement shall be legally binding even in the event that ATHLETE is unable to compete in any competition in 2012 due to injury.
E. Exclusivity: No other form of advertising shall appear on ATHLETE’s left deltoid before, after, or during competition, during the Contract Period. SPONSOR understands that this is the only form of exclusivity that shall be granted by ATHLETE.
F. Contract Territory: This contract shall be enforced throughout the World.
Definitions of Terms
(a) “ATHLETE” means Nicholas Boone Symmonds, Owner of Nick Symmonds, LLC.
(b) “NAME” means the Twitter handle of SPONSOR.
(c) “TATTOO” means a temporary tattoo in the form of a decal or ink impression, not to measure less than two square inches.
(d) “SPONSOR” means winning bidder of EBAY auction of item #180789582037.
(e) “TAPE” means a strip of adhesive in the form of duct, athletic, or kinesio tape.
(f) “PRODUCT” means any item sold by SPONSOR.
(g) “WORLD” mean all countries on planet Earth.
(h) “TWEET” means an online posting created by a Twitter user.
Athlete Sponsor
____________________ ____________________
Date_________________ Date________________
Address______________ Address______________
_____________________ ____________________
Email________________ Email_______________
Phone________________ Phone_______________
Although I was nervous that the contract would present a barrier to potential bidders, it did not seem to slow the bids down. Over the next few days I continued to do local and national press interviews regarding the auction. I was often asked if I saw the auction as a distraction from my training. Yes it was stressful, but I also got a big kick out of playing this chess game with the people who currently controlled track and field.
The pinnacle of all of the media attention came one morning when I woke up and flipped on my TV to watch the news. I was flipping back and forth between CNN and HLN, when I saw a picture of my shoulder pop up on the screen. HLN, the national news outlet, was covering the story. My story! Here I was lying in bed in my home in Oregon, watching a national news story about myself. This is too weird! Talk about getting a kick out of it all. I could not stop smiling, it was too much fun.
The fun continued when I got a call from my agent, Chris Layne, who told me he had go
tten a call from Nike. According to Chris the exact words used were, “That little shit just lost his contract.” Chris had to remind the people at Nike that while there were often terms in Nike contracts that forbid an athlete from wearing another corporate logo on a Nike product, there were no such terms that forbade an athlete from wearing a logo on his or her own skin. For now, my Nike contract was safe.
I received a much better call the next day after an employee of a marketing company, Hanson Dodge Creative (HDC), contacted me. This marketing firm based in Milwaukee, Wisconsin had seen my auction and was interested in placing a bid, but wanted to ask a few questions first. Soon, I was speaking to HDC co-founder Tim Dodge.
Tim and I had a great chat, in which we discussed why I was doing this and how we could help each other if HDC was to ultimately win the auction. Toward the end of the conversation he asked if I would be interested in partnering with HDC even if they did not win the auction. I told him that yes, I would be interested, but that I would feel a sense of obligation to the auction winner for taking a chance on something new and radical like this. I wanted to focus the majority of my energy on getting a great return for my new partner, the eventual auction winner.
On the final day of the auction I watched the computer screen from my home nervously. By noon the auction was up to just over five thousand dollars. However, in the final five minutes it skyrocketed, and made thousand dollar jumps in seconds. When the auction finally ended, the winning bid was by a user going by the name of alvink7. The winning bid: $11,100.
I clicked on alvink7’s name and saw that the user was based in Milwaukee, Wisconsin. I jumped out of my seat when I read this. Hanson Dodge Creative! Not only did I earn over eleven thousand dollars, I had just picked up an entire marketing team that would invest thousands into helping me grow my brand. I couldn’t believe my luck. I stood there in my living room shaking my head and was reminded, once again, that when you are willing to take big risks, incredible rewards can follow.
Life Outside the Oval Office: The Track Less Traveled Page 16