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CAR NO.________________

NASCAR XFINITY SERIES

2016 DRIVER AND TEAM OWNER AGREEMENT

$7,350,000 NASCAR XFINITY Series Contest

In order to participate in the 2016 NASCAR XFINITY Series and become eligible to share in (a)

the $7,350,000 that is contributed by Comcast Cable Communications, LLC through its XFINITY brand

(hereinafter, “Comcast”) and NASCAR Event Management, Inc. (“NEM”) as licensee for the National

Association for Stock Car Auto Racing, Inc. (“NASCAR”) (collectively, the “NASCAR XFINITY

Series Contest Awards”), and (b) the awards distributed in connection with the 2016 NASCAR

XFINITY Series, all as set forth below, each of the undersigned hereby agrees to the following, effective

upon full execution below for the period of January 1, 2016 until December 31, 2016 (“Season”):

1. NASCAR MEMBERSHIP AND ENTRY BLANK FORMS. I agree to submit a 2016 NASCAR

Competition Membership and License Application form, a fully-executed Official Entry Blank coupon

for each 2016 NASCAR XFINITY Series Event (each an “Event” as defined by the NASCAR Series

Rule Books) that I decide to enter, and any other documents or forms reasonably required by NASCAR

or NEM for participation in each 2016 NASCAR Series, and to abide by the NASCAR Rule Book (“Rule

Book”) as it may be amended from time to time. I agree that I am not an employee of NEM, NASCAR

or its affiliates.

2. DRIVER POINTS ELIGIBILITY. By signing this Driver and Team Owner Agreement, I hereby

acknowledge and agree that I can compete in and be awarded prize monies and Driver/Owner

championship points. However, I agree that I will only be permitted to accumulate Driver championship

points for one (1) of the following Series: NASCAR Sprint Cup Series, NASCAR XFINITY Series, or

NASCAR Camping World Truck Series, as selected on my NASCAR Competition Membership and

License Application. Furthermore, if I qualified for the 2015 NASCAR Chase for the Sprint Cup and

have elected to accumulate Driver championship points for the 2016 NASCAR Sprint Cup Series, I

acknowledge I will not be eligible to compete in the 2016 NASCAR Xfinity Series Championship Event

at Homestead Miami Speedway. For more information concerning Driver/Owner Points, see Section 17

of the Rule Book.

3. ADVERTISING AND PROMOTION RELEASE. Driver and Team Owner acknowledge and

agree that NEM, NASCAR, Comcast, each track promoter hosting a 2016 NASCAR XFINITY Series

Event at its facility (“Promoter”), each television broadcast partner with rights to broadcast a 2016

NASCAR XFINITY Series Event or any portion thereof (“Broadcast Partner”), and the duly authorized

subsidiaries and affiliated companies of each of them, may use, on a non-exclusive basis, my name,

likeness and performance, including photographs, images and sounds of me, any crew members, and/or

any vehicle(s) in which I compete in NASCAR XFINITY Series Events, in any medium (including, but

not limited to, broadcasts by and through television, cable television, radio, pay-per-view, closed-circuit

television, satellite signal, digital signal, film productions, audiotape productions, transmissions over the

Internet, public and private online services authorized by NASCAR, and sales and other commercial

projects) for promoting, advertising, or reporting any NASCAR XFINITY Series Event, Comcast’s

2016 NASCAR XFINITY SERIES, Driver and Team Owner Agreement Page 2 of 20

participation in the NASCAR XFINITY Series, and/or the NASCAR XFINITY Series itself, or related

telecast or programming, before, during and after such Event or Series, and I do hereby grant to Comcast

and NASCAR, in perpetuity, all rights thereto for such purposes. During the 2016 NASCAR XFINITY

Series Season, the rights granted above may be sublicensed to Comcast on an exclusive basis for

endorsement of any or all products and services in the “MVPD Category” (as defined in Section 14

below). Moreover, Driver and Team Owner shall make good faith efforts to enter into agreements with

Goodyear and Sunoco which have fair and equitable terms for each of the respective parties for

advertising and promotional rights in support of the 2016 NASCAR XFINITY Series Season and the

NASCAR XFINITY Series. With the exception of Comcast’s exclusive rights as set forth above with

respect to the MVPD Category, this provision does not grant to any party any right for the use or

endorsement of a third party brand, licensed product or service utilizing my name, image or likeness

without my express consent.

4. COLLECTIVE USE. Any race action image that depict(s) ten (10) or more race vehicles and/or

drivers and/or crew members at an Event, may be used in any medium by team(s), driver(s), sponsor(s),

licensee(s), track(s), and NASCAR and its affiliates for advertising, marketing and promotional purposes

of the parties’ involvement in the sport even though it may include my likeness, provided that no implied

or express personal endorsement is created by any such use.

5. BROADCAST AND OTHER RIGHTS. I acknowledge that NASCAR exclusively and in perpetuity

owns any and all rights to broadcast, transmit, film, tape, capture, overhear, photograph, collect or record

by any means, process, medium or device (including, but not limited to, television, cable television,

radio, pay-per-view, closed-circuit television, satellite signal, digital signal, film productions, audiotape

productions, transmission over the Internet, public and private online services authorized by NASCAR,

and sales and other commercial projects), whether or not currently in existence, all film, audio, video,

and/or photographic images, sounds and data (including but not limited to in-car audio, in-car video, in-

car radio, other electronic transmissions between cars and crews, and timing and scoring information)

arising from or during any NASCAR Event (“Work” or “Works”), and that NASCAR is and shall be the

sole owner of any and all intellectual property rights (including, but not limited to, patents, copyrights,

trademarks, design rights, and other proprietary rights) worldwide in and to these Works, copyrightable

or otherwise, created from the images, sounds and data arising from or during any NASCAR Event. In

addition to the extent not already owned by NASCAR, I hereby assign to NASCAR exclusively and in

perpetuity any and all rights set forth above. I represent and warrant that as of the date of this Agreement,

I have not granted to any third party the rights described herein. I agree to take all steps reasonably

necessary, and all steps reasonably requested by NASCAR, to protect, perfect or effectuate NASCAR’s

ownership or other interest in these rights. I agree not to take any action, nor cause others to take any

action, nor enter into any third party agreement, which would contravene, encroach or infringe upon

these NASCAR rights. I agree to allow any and all equipment relating to audio and video transmissions,

as well as timing and scoring information, including, but not limited to, size, location, weight, and use

thereof as determined by NASCAR, in or on the Team Owner’s racing car for each Event, or a weighted

device equal to the size, weight, and location of part or all of such equipment if the Team Owner’s racing

car is not selected to run part or all of such equipment, as determined by NASCAR.

It is understood and agreed that the grant of rights by Driver and Team Owner pursuant to this Agreement

are made with the understanding that NASCAR will continue its practice of operating a revenue

distribution model, in which pre-negotiated financial arrangements by and between NASCAR and

certain third party industry partners (namely broadcast partners, Series entitlement sponsors and ancillary


rights licensees) are thereafter divided and distributed to NASCAR, Promoters and Team

Owners/Drivers as determined by NASCAR on an annual basis.

6. DISPLAY OF NASCAR AND DESIGNATED SPONSOR AND COMPETITOR BRANDING.

Team Owner will cause, as shown in the attached Exhibit A, Exhibit B, Exhibit C or as reasonably

modified by NASCAR, at all times, for every race team competing in the NASCAR XFINITY Series

that I own and/or as to which I am a member:

(a) The NASCAR Logo: the 2016 NASCAR Bar logo, having minimum dimensions of .75”

tall x 3.5” wide, to be displayed on the uppermost and outer left sleeve of the Driver’s

and crew member’s uniforms and on the race car immediately above each door top on the

“A” post of every such team, as directed by NASCAR;

(b) The XFINITY and NASCAR XFINITY Series Logos: the XFINITY logo to be

displayed across the windshield sun visor of the Team Owner’s race car as specified by

NASCAR in its sole discretion, as set forth in Exhibit “C”. The 2016 NASCAR

XFINITY Series logo having minimum dimensions of 1.75” tall x 3.50” wide to be

displayed on the uppermost right-hand chest of the Driver’s and crew members’ uniforms

of every such team. The NASCAR XFINITY Series logo is to be centered between the

right underarm and the center zipper line and be at least 2” below the shoulder epaulet.

The vertical placement of all other logos should not be equal to or partially equal to the

NASCAR XFINITY Series logo, and full color schematics are required. The NASCAR

XFINITY Series decal to be displayed on the race car of such team(s) immediately below

each door window, as directed by NASCAR or NEM but in no event less than fifty-two

(52) square inches in size. The NASCAR XFINITY Series decal to be prominently

displayed on the race team hauler(s) in a manner acceptable to NASCAR.

(c) The Goodyear Logo: the Goodyear logo having minimum dimensions of 1” x 4”, to be

displayed on the top half front-facing torso on all driver’s and crew members’ uniforms

of every such team, and the Goodyear logo having minimum dimensions of 1” x 15” as

supplied by Goodyear, to be displayed on each front fender of the racing car as directed

by NASCAR or NEM;

(d) The Sunoco Logo: the Sunoco logo having minimum dimensions of 2.25” x 3.5”, to be

displayed on the upper chest or outer sleeve above the elbow of the driver’s and crew

members’ uniforms, and a Sunoco decal(s) to be displayed on each side of the front

bumper of the race car adjacent the front wheel well, and on all fuel filler cans of every

such team as directed by NASCAR or NEM;

(e) American Ethanol Branding: the branding is a green band, PMS 362 color, displayed

both around the fuel port and on the inner portion of the fuel port, in accordance with

Exhibit “B”. The words “American Ethanol” are printed in Avenir black font style over

the band with white lettering height equal to 15/16”. The green band width is equal to

1.25” from the outside of the fuel port opening. The American Ethanol Branding should

not be obscured or covered by any other logo. Any branding issues pertaining to the color

band or placement of the wording “American Ethanol” will be decided by NASCAR or

NEM, in their sole discretion.


(f) Driver’s Name: the Driver’s last name in Berthold Akzidenz Grotesk Extra Bold

Condensed Italic font with white letters 3.5 inches in height, or as otherwise directed by

NASCAR or NEM, to be displayed across the top center of the rear window of the Team

Owner’s race car as specified by NASCAR or NEM in accordance with Exhibit “C”.

NASCAR may permit a driver to include his/her first name or initial(s) in order to avoid

confusion.

(g) Chase Branding: Any drivers and/or Team Owners that have qualified for the NASCAR

XFINITY Series Chase, or any subsequent elimination round thereof, must display any

and all Chase branding elements mandated by NASCAR or NEM on the Team Owner’s

race car, as specified by NASCAR or NEM. NASCAR and NEM agree to work with

Team Owners in good faith to mitigate any material negative impact or breach of team

sponsorship branding obligations, but reserves the right to make all final decisions related

to Chase branding on race cars for purposes of uniformity amongst Chase contenders.

Furthermore, any drivers and/or Team Owners that did not qualify for the NASCAR

XFINITY Series Chase or are otherwise eliminated from championship contention shall

not be permitted to display branding elements similar to those mandated by NASCAR or

NEM to identify current Chase contenders. Determinations of impermissible Chase-like

branding elements which may create a likelihood of confusion in identifying Chase

contenders shall be made by NASCAR or NEM in its sole discretion and shall be final

and non-appealable.

7. CATEGORY EXCLUSIVITY.

(a) Comcast XFINITY Exclusivity.

(i) I agree that, in addition to the advertising and promotional rights granted in Section

3, when participating in any way in any 2016 NASCAR XFINITY Series Event or

any advertising and promotion using my name or likeness and based on my

participation in the NASCAR XFINITY Series, unless otherwise expressly authorized

in writing by NASCAR or NEM, no product, brand, logo, trademark or service

identification of a “Series Sponsor Competitor”, hereinafter defined as an entity

whose primary business component is the provision of any or all of the products

and/or services in the MVPD Category (as defined in Section 14 below) and who is

primarily known for the provision of any or all such products and/or services in the

MVPD Category as determined in NASCAR’s reasonable discretion, will be used or

displayed anywhere by me, the team, or any employee or affiliate thereof, including,

but not limited to, on the Driver’s or any crew member’s NASCAR XFINITY Series

uniform, or the Team Owner’s NASCAR XFINITY Series racing car, as well as the

team’s Series equipment and/or Series haulers. I understand and agree that NASCAR

or NEM may, in their sole discretion, refuse to permit or limit the use or display of a

product, brand, logo, trademark or service identification of a Series Sponsor

Competitor by me, a team member, or any employee or any affiliate thereof,

including, but not limited to, on the Driver’s or crew members’ uniforms, or the Team

Owner’s Series racing car, the team’s Series equipment, and/or Series haulers. I


understand and agree that all such determinations of whether a company or its

products or services are in the MVPD Category shall be made by NASCAR or NEM

in their reasonable good faith discretion and are final and non-litigable.

(ii) Furthermore, Series race teams will not be permitted to display any sponsorship

branding on the hood and/or either upper rear quarter panels of Series cars, as

highlighted in red in the diagram attached hereto as Exhibit “D”, in either of the

following Categories:

A. Over The Top Services (OTT) Services and Devices: any video

programming service that offers multiple channels or programming from

multiple sources to subscribers who pay a fee to receive such service that

is transmitted over the Internet facilities of a third party (e.g. Netflix, Hulu,

Redbox Instant, etc.), or any device or hardware issued exclusively by

such a service provider for delivering such services (e.g. Amazon’s Fire

TV, NimbleTV, Aereo).

B. AT&T and Verizon Brands: any brand or logo that references Verizon,

AT&T or any affiliate, subsidiary, successor or assign, unless such brand

reference clearly promotes an identifiable sub-brand, product or services

within Verizon or AT&T that does not fall within XFINITY’s Exclusive

Category as set forth herein (e.g., “Verizon Wireless” would be

permissible but “Verizon” would not).

(iii) If a car, team, or driver that I own, employ, or to which I am a member is

sponsored by an entity that is not a Series Sponsor Competitor as determined in

NASCAR or NEM’s reasonable discretion, but does sell or offer for sale products

and services in the MVPD Category as an ancillary line of business, such

sponsor(s) may not in any manner advertise, promote or market the conflicting

products and services in the MVPD Category on the car or through the Driver,

team or Team Owner as part of any sponsorship in the NASCAR XFINITY

Series; and

(iv) If a car, team, or driver that I own, employ, or to which I am a member is

sponsored by an entity that is not a Series Sponsor Competitor, but as a result of

acquisition, merger or other material change in such entity’s business model,

becomes such a Series Sponsor Competitor, as determined by NASCAR or NEM

in it’s reasonable discretion, such sponsorship shall no longer be permitted in the

NASCAR XFINITY Series unless otherwise expressly authorized in writing by

NASCAR or NEM. I hereby agree to make best efforts to notify NASCAR

immediately in the event of any such change in a sponsor’s status as a potential

Series Sponsor Competitor.

(b) Goodyear Exclusivity. I agree that when participating in any way in any 2016 NASCAR

XFINITY Series Event, unless otherwise expressly authorized in writing by NASCAR,

no product, brand, logo, trademark or service identification of a company in the Tire

Category (as defined in Section 14 below) and as determined in NASCAR or NEM’s sole

discretion, will be used or displayed anywhere by me, the team, or any employee thereof


during the Event, including, but not limited to, on the Driver’s or crew members’

uniforms, or the Team Owner’s racing car, the team’s equipment, and/or haulers. I agree

that no team member, including, but not limited to, the Driver and Team Owner, may

advertise or promote a product, brand, logo, trademark or service identification of a

company in the Tire Category, whether in conjunction with a NASCAR XFINITY Series

Event or not, if said advertising or promotion includes a NASCAR racing (e.g., Driver,

crew member) suit, whether worn by the team member or not, and/or a NASCAR racing

vehicle. A Driver and Team Owner shall be permitted to include on its car the branding

of a retail tire company and/or repair facility which features the word “tire” in conjunction

with the company name (e.g. Discount Tire), provided that such third party retailer/repair

facility is not a Competitor Tire Shop (as defined in Section 14 below). I understand and

agree that NASCAR and NEM may, in their sole discretion, refuse to permit or limit the

use or display of a product, brand, logo, trademark or service identification of a company

in the Tire Category by me, the team, or any employee thereof during the Event,

including, but not limited to, on the Driver’s or crew members’ uniforms, or the Team

Owner’s racing car, the team’s equipment, and/or haulers. I understand and agree that all

determinations of whether a company is in the Tire Category shall be made by NASCAR

or NEM in their reasonable good faith discretion and are final and non-litigable.

Notwithstanding the foregoing, actual use of tires other than Goodyear on team

equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a

breach of the terms of this Agreement.

(c) Sunoco Exclusivity. I will not participate in any sponsorship, licensing, or personal

appearances with a company in the Fuel Category as it relates to NASCAR Series racing,

either in or out of uniform (as defined in Section 14 below) other than as provided herein.

Notwithstanding the foregoing, a company in the Fuel Category may also manufacture

lubricants (i.e., motor oil, etc.) and other products or offer other services (i.e.,

convenience stores) other than automotive fuel (collectively “Non-Fuel Products”). Such

Non Fuel Products Category sponsorships are permitted subject to NASCAR or NEM

approval and the conditions outlined below.

Companies in the Fuel Category may sponsor a car, driver, or team for goods or services

in the Non-Fuel Products Category, as defined in Section 14, provided that the team’s

racing car, uniforms, hauler and at-track equipment etc., cannot feature the brand, logo,

trademark or product or service identification of a i) fuel, or ii) fuel retailer, or iii) a

corporate name of a company in the Fuel Category.

Further, no team member, including, but not limited to the Driver and Team Owner, may

advertise or promote a product or service which includes a brand, logo, or trademark of,

or where the advertisement or promotion features a brand, logo, or trademark of a i) fuel,

ii) fuel retailers, or the iii) the corporate name of a company in the Fuel Category, whether

in or out of uniform.

For example, drivers and/or Team Owners may enter into agreements with convenience

stores as long as such convenience stores are not branded by a company in the Fuel

Category (e.g. 7-Eleven, Circle K, Sheetz, WaWa.) Companies in the Fuel Category may

sponsor a car, driver, or team for a lubricant or other similar product as long as they are

not branded by a company in the Fuel Category (e.g. Valvoline, Quaker State.)


I understand and agree that all determinations of whether a company is in the Fuel

Category, shall be made by NASCAR or NEM in their reasonable good faith discretion

and are final and non-litigable.

8. PROMOTIONAL APPEARANCES. As designated by NASCAR or NEM, Driver and Team

Owner agree to make commercially reasonable good faith efforts to participate in promotional activities

and events surrounding the NASCAR XFINITY Series and NASCAR events. Driver and Team Owner

agree to attend the 2016 NASCAR XFINITY Series Awards banquet, including all season-ending special

awards ceremonies and events, and the annual 2016 NASCAR XFINITY Series Preview, at times and

locations designated by NASCAR. NASCAR will provide reasonable notice of the ceremony and event

schedules to Driver and Team Owner, and Driver and Team Owner will take reasonable steps to

coordinate his or her availability in accordance with such event schedules, and will provide reasonable

advance notice to NASCAR of any potential schedule conflicts. Driver and Team Owner also will

participate in a minimum of one (1) media tour to promote the NASCAR XFINITY Series, and to attend

a minimum of one (1) four-hour creative production (i.e. still photo, radio or television shoot) to promote

Comcast XFINITY and/or the NASCAR XFINITY Series and a minimum of one (1) Comcast XFINITY

hosted function during the 2016 NASCAR XFINITY Series season.

9. ADDITIONAL PROMOTIONAL OBLIGATIONS FOR CHAMPIONS. If Driver is the 2016

NASCAR XFINITY Series Champion, or if Driver wins any portion of the Champion Point Fund during

the 2016 NASCAR XFINITY Series season, Driver agrees to participate in two (2) mutually agreed

upon commemorative projects developed by Comcast and NASCAR and their licensing agents, on the

understanding that mutually agreed upon royalties will be paid to the Driver and/or race team.

Additionally, if I am the 2016 NASCAR XFINITY Series Champion driver, I agree to attend a post

season celebration at Comcast Headquarters to be held no sooner than the final 2016 NXS Championship

Event and no later than December 31, 2016.

10. NASCAR’S ADVERTISING POLICY. I will abide by the provisions in the Rule Book,

particularly regarding advertising and related promotional restrictions, including but not limited to

Section 20.4.20 relating to “Decals and Advertising.” I understand and agree that NASCAR or NEM

may refuse to permit, or it may restrict or assign the size or placement of decals, identification, and

advertising of any kind on the Team Owner’s racing car, or the Driver’s or a crew member’s uniform,

of any team that I own or to which I am a member, for any reason. I agree to accept NASCAR’s or

NEM’s determination in this regard.

11. VICTORY LANE OBLIGATIONS. The winning driver and Team Owner (if owner is in

attendance) of a 2016 NASCAR XFINITY Series Event agree to permit the display on the Car Owner’s

racing car in victory lane, as designated by NASCAR or NEM, of one item from Comcast XFINITY,

one item from a third party company in NASCAR’s or NEM’s reasonable good faith discretion, one item

from the applicable Event entitlement sponsor and one item from the team’s primary sponsor, subject at

all times to the Rule Book and the Category exclusivity provisions herein, all as determined by NASCAR

or NEM in their commercially reasonable good faith discretion, including size, location and weight of

such item(s). I understand that the winning team will be required to take a photograph with the Event

sponsor(s) and their guests. I also understand that I am required to participate in interviews in victory

lane and the media center, as described below. Victory lane ceremonies will conclude once all sponsor

photos, individual photos and media requirements in victory lane have been completed.


12. MEDIA OBLIGATIONS. Drivers and Team Owners shall have the following media obligations:

(a) Immediately following the race conclusion, the winning Team Owner (if available) and

driver shall proceed to victory lane for post-race interviews. When victory lane

ceremonies are concluded, the winning driver must report to the media center for post-

race interviews unless otherwise directed by NASCAR or NEM Officials. Drivers of the

2nd through 5th place cars shall stop on pit road or other area designated by NASCAR or

NEM for media interviews. Furthermore, any driver finishing outside the top five, shall

comply with any request by NASCAR or NEM for post-race interviews. After the

completion of the pit road interviews, drivers of the 2nd and 3rd place cars shall proceed

to the media center.

(b) All drivers in contention for the 2016 NASCAR XFINITY Series championship will be

available to participate, as directed by NASCAR or NEM, in media availability at their

team hauler or in the media center for a minimum of fifteen (15) minutes on Thursday or

Friday of each Event weekend.

(c) The top three (3) qualifiers and top qualifying Rookie of the Year candidate shall go to

the media center immediately following the conclusion of qualifying as determined by

NASCAR or NEM. Drivers participating in the final round of qualifying shall be

available on pit road or other area designated by NASCAR or NEM for media interviews

immediately following qualifying. Furthermore, any driver finishing outside the top 12

in qualifying, shall comply with any request by NASCAR or NEM for post-race

interviews. At the request of NASCAR or NEM, drivers qualified for the final segment

of qualifying shall comply with requests for media interviews between the penultimate

and final segment of qualifying.

(d) The highest finishing Rookie of the Year candidate shall go to the media center following

the race.

In addition, following the 26th championship points event or the commencement of the “NASCAR

XFINITY Series Chase” as determined by NASCAR or NEM:

(e) Those drivers who have qualified for the NASCAR XFINITY Series Chase will

participate in post-race media requirements as directed by NASCAR or NEM.

(f) Those drivers who have qualified for the NASCAR XFINITY Series Chase will

participate, as directed by NASCAR or NEM, in NASCAR’s national media

teleconference, satellite media tour, radio tour, and / or media event once during the final

Chase Events of the season;

In addition, following the 29th championship points event as determined by NASCAR or NEM:

(g) Those drivers who remain eligible for the NASCAR XFINITY Series Chase will



(h) Those drivers who remain eligible for the NASCAR XFINITY Series Chase may be

asked to participate in media events to promote the remaining events in the NASCAR

XFINITY Series Chase prior to the 30th or 31st championship points event at days, times

and locations to be determined.

In addition, following the 32nd championship points event as determined by NASCAR or NEM:

(i) Those drivers who remain eligible for the NASCAR XFINITY Series Chase will


(j) Those drivers who remain eligible for the NASCAR XFINITY Series Chase will

participate in media events to promote the remaining events in the NASCAR XFINITY

Series Chase prior to the 33rd championship points event at days, times and locations to

be determined.

In addition, following the 33rd championship points event as determined by NASCAR or NEM:

(k) All drivers in contention for the 2016 NASCAR XFINITY Series championship

following the penultimate (e.g., 32nd) Event will participate, as directed by NASCAR or

NEM, in a NASCAR scheduled news conference prior to the final Event.

(l) The 2016 NASCAR XFINITY Series Champion will participate, as directed by

NASCAR or NEM, in a national media tour following the final championship Event.

13. AMOUNT AND DISTRIBUTION OF AWARDS. All decisions regarding the eligibility of

Drivers and Team Owners to compete for the NASCAR XFINITY Series Contest Awards and the awards

distributed in connection with the 2016 NASCAR XFINITY Series and the persons to whom such

awards shall be distributed shall be made solely by NASCAR and NEM in accordance with this

Agreement and the Rule Book. Any NASCAR XFINITY Series Award won by a driver shall be paid

by NASCAR to the driver’s Team Owner. The Team Owner, and not NASCAR or NEM, shall be solely

responsible for the distribution of such NASCAR XFINITY Series Award to the Driver, and the sole

recourse of the Driver shall be against the Team Owner. NASCAR or its affiliates shall not be responsible

for the filing and/or payment of any federal, state, local and foreign taxes associated with prize, point

fund, special awards and contingency winnings, which taxes shall remain the sole responsibility of the

Driver and/or Team Owner. Driver and Team Owner agree to abide by all decisions of NASCAR or

NEM made in accordance with this Agreement and the Rule Book with respect to the distribution of

these awards. Without limiting the foregoing, I understand that:

(a) The NASCAR XFINITY Series Contest Awards will be distributed in the following amounts

for the following positions: 1st - $1,390,000; 2nd - $695,000 3rd - $625,500; 4th - $556,000; 5th

- $486,500; 6th - $417,000; 7th - $347,500; 8th - $278,000; 9th - $243,250; 10th - $208,500;

11th - $201,550; 12th - $194,600; 13th - $187,650; 14th - $180,700; 15th - $173,750; 16th -

$166,800; 17th - $159,850; 18th - $152,900; 19th - $145,950; 20th - $139,000.

(b) These distribution amounts represent $6,950,000 of the $7,350,000 NASCAR XFINITY

Series Contest Awards and will be distributed to Team Owners in accordance with the

procedure set forth above. The remaining $400,000 comprises a NASCAR XFINITY Series


Dash 4 Cash bonus available at four (4) designated championship points Events to the highest

finishing eligible driver of each such Event ($100,000 bonus per Event).

(c) The 2016 Dash 4 Cash will consist of four (4) Events, each of which will consist of two Heat

races followed by a Main, as further set forth in the Entry Blank for each such event. The

Dash 4 Cash bonus Events for 2016 are Bristol Motor Speedway scheduled on April 16, 2016,

Richmond International Raceway on April 23, 2016, Dover International Speedway on May

14, 2016 and Indianapolis Motor Speedway on July 23, 2016.

(d) Dash for Cash Eligibility is based on the following; the two (2) highest finishing Eligible

drivers in each of the two Heats will qualify to compete for the Dash 4 Cash bonus in the

Main. The driver that has the best finishing position of the four (4) Eligible Dash 4 Cash

drivers in the Main will win the Dash 4 Cash bonus for that Event. For purposes of this

agreement, in order to be “Eligible” for the Dash 4 Cash bonus, a driver must elect on his or

her NASCAR Competition Membership and License Application to accumulate NXS driver

championship points for the 2016 season. The Team Owner for each of the four (4) eligible

Dash 4 Cash Drivers for each Event must display a red XFINITY windshield decal in the

Main as required by NEM or NASCAR. Please refer to the 2016 Event Entry Blank for Dash

4 Cash Rules and Regulations.

(e) In the event of unforeseen circumstances which delay or prevent a Dash 4 Cash Event from

taking place, NASCAR or NEM may alter the Dash 4 Cash schedule to provide for a

substitute Dash 4 Cash Event or alternate date. The decision regarding a substitute Dash 4

Cash Event or date will be made solely at the discretion of NASCAR or NEM.

(f) Each Contest Award amount listed above is the aggregate amount won collectively by the

driver and Team Owner finishing in the designated position. Positions will be determined by

the 2016 NASCAR XFINITY Series championship driver and Team Owner points earned.

If a driver drove for more than one Team Owner during the Season, or if the driver drove for

a Team Owner for less than the entire Season, and if, as a result, the driver and the related

Team Owner(s) finish with driver and Team Owner points that place them in different

positions in the final standings, then the driver and Team Owner will share only in the award

applicable to their individual respective final point standings. In the event of a tie for a

position, the positions will be determined using the same procedure for the distribution of

point fund money in Section 17 of the Rule Book. Point fund and end of year awards are

paid based on the accumulation of points for the entire race Season in accordance with the

NASCAR XFINITY Series Rule Book and not in any way attributable to any one event nor

is it contingent upon participating in an event.

(g) If the number of NASCAR XFINITY Series Events in 2016 is substantially reduced for any

reason whatsoever, including without limitation the unavailability of fuel, Comcast and

NASCAR have the option by mutual agreement to reduce and prorate the NASCAR

XFINITY Series Contest Awards to be paid by dividing the number of NASCAR XFINITY

Series Events actually run by the number of NASCAR XFINITY Series Events scheduled to

be run.


(h) The NASCAR XFINITY Series Contest Awards are subject to all restrictions, terms and

conditions set forth in this Agreement and the Rule Book. Failure to abide by any such

restrictions, terms or conditions herein may result in my being declared ineligible for such

awards.

(i) The NASCAR XFINITY Series Contest Awards will be presented at the 2016 NASCAR

XFINITY Series Awards Banquet and distributed thereafter in a timely manner, but in no

event later than thirty (30) days from the conclusion of the final 2016 NASCAR XFINITY

Series Event.

14. DEFINITION OF “CATEGORY”. For purposes of this Agreement, “Category” refers,

collectively, to the Multichannel Video Programming Distribution (“MVPD”) Category, Fuel Category,

Non-Fuel Products Category and Tires Category defined below:

(a) “MVPD Category” means:

i. services related to the transmission of signals of multiple linear television networks

or television programming sources on a full, continuous, consistent and scheduled

basis (i.e. linear television) to subscribers via facilities- or system-based distribution

networks, including, but not limited to, the following: cable television (including open

video systems), direct broadcast satellite television, multi-point distribution system

television, fiber-to-the-premises networks, satellite master antennae television,

Internet Protocol technology via a closed and secure transmission path or any

combination thereof (e.g. AT&T U-Verse, Verizon FiOS, Dish Networks, DIRECTV,

Charter Communications, Bright House Networks, Google Fiber, etc.), whether

delivered to consumers or businesses;

ii. MVPD Content Services: video-on-demand services and other ancillary content

services and applications offered by an MVPD services provider (e.g., “TV

Everywhere”, IP streaming of MVPD services, cloud-based DVR or substantially

similar services, etc.);

iii. Internet and In-Home/In-Building Wi-Fi: wireline/broadband Internet/ISP services,

whether delivered to consumers or businesses, including ancillary in-home or in-

building WiFi services (but excluding public WiFi or other wireless Internet services).

iv. MVPD Devices: video devices, cable modems or other hardware that are (A) issued

exclusively by a single MVPD service provider for the primary purpose of

distributing MVPD services or Wireline Internet Services (e.g., the set top box or

cable modem; Dish Network’s Hopper DVR; DIRECTTV’s satellite dishes, etc.); and

(B) issued directly by an MVPD service provider or Wireline Internet Services

provider (or an affiliated retailer of such services provider) to customers in connection

with the MVPD services or Wireline Internet Services (as applicable) received by

such customer, but excluding video gaming consoles;

v. Bundled Products/Services: the bundling of any telecommunications products and

services that include or incorporate any MVPD Category products and/or services

referenced above.


(b) “Fuel Category” means combustion-based fuel and fuel blends for automotive vehicles,

including hydro carbon-based, diesel, biodiesel, denatured, domestically-produced ethanol as

a component of fuel (e.g., E15), or other alternative fuels and fuel blends. Notwithstanding

the above, drivers and teams can have an ethanol related sponsorship subject to the limitations

of Section 16.

(c) “Non-Fuel Products Category” means a product manufactured or a service offered by a

company in the Fuel Category.

(d) “Tire Category” means tires for vehicles, including, but not limited to, passenger cars, vans,

sport utility vehicles (SUVs), light trucks, commercial trucks, trailers, motorcycles, aircraft,

mopeds, scooters and recreational vehicles (RVs), including racing tires for any such vehicles

listed herein.

(e) “Competitor Tire Shop” means a tire retailer, installer and/or repair facility that: (A) includes

the name of a single competitor tire brand (e.g., Firestone Complete Auto Care); or (B) is

owned and/or operated by an entity that owns a third-party competitor tire brand and gives

preferential treatment to a single competitor brand or affiliate brands.

15. COMMUNICATIONS RESTRICTIONS.

(a) Driver and Team Owner will abide by the provisions in the Rule Book regarding in car

radio communications. Driver and Team Owner agree to comply with any and all radio

communication and transmission requirements, including, but not limited to,

scrambling/unscrambling, encrypting/unencrypting, and/or digitizing/undigitizing of any

communication or transmission, including, but not limited to, communications and

transmissions between cars and crews, as determined in NASCAR or NEM’s sole

discretion.

(b) Team Owner agrees to have received current FCC licenses and will operate under the

guidelines set forth in the 2016 Rule Book.

16. ETHANOL ACTIVATION. Series drivers, teams, Team Owners and their sponsors may not

use their respective NASCAR themed property to promote and/or advertise foreign-produced ethanol

and/or non-corn based ethanol or to advocate for any specific ethanol based consumer fuel blend (e.g.

E15, E30). Team Owner and Driver may promote American ethanol and/or American ethanol related

services provided that such advertising and promotions is expressly approved in writing by NEM in its

sole discretion.

17. UNDERTAKING TO PROVIDE AGREEMENT AND RULE BOOK TO ALL DRIVER AND

TEAM SPONSORS. Team Owner covenants that it will provide a copy of the 2016 Rule Book to all

drivers, crew and team sponsors and use good faith efforts to put any and all team sponsors on notice of

all the provisions herein no more than five (5) business days from the execution of this Agreement.

18. SUBSTANCE ABUSE POLICY. Driver and Team Owner understand and agree to abide by the

NASCAR Substance Abuse Policy (the “Policy”) as set forth in Section 19 of the Rule Book. The Driver

and Team Owner further acknowledge that under the Policy, the NEM-designated Medical Review


Officer (“MRO”) serves as an independent and impartial physician who investigates whether a non-

negative result from a testing laboratory was due to a legitimate medical explanation. Driver and Team

Owner agree to provide any and all authorizations and releases of MRO requested information, such as

protected health information as defined by the Health Insurance Portability and Accountability Act of

1996 (“HIPAA”), for NEM’s designated MRO’s investigation.

19. TESTING LIMITATIONS. Driver and Team Owner understand and agree to abide by the

2016 NASCAR Testing Policy, including, but not limited to, the requirement that all tires distributed in

conjunction with the 2016 NASCAR Testing Policy and 2016 NASCAR Tire Leasing Policy are for

track use only, and laboratory testing (e.g., Calspan, etc.) of any such tires is strictly prohibited.

20. DRIVER DEVELOPMENT SEMINAR. Unless otherwise authorized by NASCAR or NEM,

any driver that will be competing in the NASCAR R Rookie of the Year program, any driver 22 years

of age or younger, or any driver without substantial experience driving NASCAR XFINITY Series stock

cars, as determined by NASCAR or NEM, will be required to attend the NASCAR Driver Development

Seminar at Daytona International Speedway on Wednesday, February 16, 2016.

21. INDEMNIFICATION AND ATTORNEY’S FEES. Driver and Team, Owner agree that it is

solely responsible for, and will defend, indemnify and hold harmless NASCAR, NEM, their subsidiaries

and affiliates, and each of the respective shareholders, directors, officers, agents, and employees of

NASCAR, NEM and of their affiliates, from any third party causes of action or damages, attorney’s fees,

costs, losses, expenses, claims, demands, or liabilities, arising out of or in any way related to Team,

Owner’s and/or Driver’s breach of any if its obligations pursuant to this Agreement.

NASCAR and NEM each agree that it is solely responsible for, and will defend, indemnify and hold

harmless, Driver, Team Owner and its shareholders, directors, officers, agents and employees from any

third party causes of action or damages, attorney’s fees, costs, losses, expenses, claims, demands, or

liabilities, arising out of or in any way related to NASCAR’s and/or NEM’s breach of any of its

obligations pursuant to this Agreement. Notwithstanding the foregoing, the above indemnity provisions

shall not apply to NASCAR’s or NEM’s final decision-making authority with respect to its application

and enforcement of the NASCAR Rule Books to administer competition at Events in accordance with

Section 26 below. As such, NASCAR and NEM shall not be obligated to indemnify Driver, Team Owner

or their affiliates for any claims for loss or damages to any party resulting therefrom.

22. NO THIRD PARTY BENEFICIARY. The terms and provisions of this Agreement are intended

solely for the benefit of the parties hereto, and it is not the intention of the parties to confer third-party

beneficiary rights upon any other person or entity other than any person or entity entitled to

indemnification under Section 21 above.

23. GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by and construed

in accordance with the Laws of the State of Florida applicable to a contract executed and performed in

such State, without giving effect to the conflicts of laws principles thereof. NASCAR, NEM, Driver and

Team Owner each knowingly and voluntarily intend and agree that the mandatory, exclusive venue for

any action in any way related to this Agreement or its enforcement shall be Circuit Court of the Seventh

Judicial Circuit, in and for Volusia County, Florida for state court claims, or the U.S. District Court,

Middle District of Florida, Orlando Division for issues of diversity, or federal question. All parties

hereby knowingly and voluntarily waive any and all objections to venue and personal jurisdiction in the

foregoing, and submit themselves thereto without. Each party hereby waives any right it may have to


assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any

proceeding brought in accordance with this paragraph, and stipulates that the aforementioned courts shall

have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute,

controversy, or proceeding arising out of or related to this Agreement.

24. PERSONAL INJURY AND PROPERTY DAMAGE RELEASE. I hereby release and waive

any and all claims pursuant to the RELEASE AND WAIVER OF LIABILITY AND INDEMNITY

AGREEMENT in my NASCAR Competition Membership and License Application.

25. TRANSPARENCY REGARDING LIVE TRANSMISSION RIGHTS FEES AND

ANCILLARY RIGHTS. Upon Team Owner’s request and subject to the parties’ execution of a

mutually agreeable standard non-disclosure agreement, NEM will cause NASCAR Broadcasting, LLC

to provide Team Owner with a projected statement of Live Transmission Income to be received by

NASCAR Broadcasting or any entity controlled by or under common control with NEM (“Rights

Affiliates”) from any third parties during the period January 1, 2016 through December 31, 2016 in

connection with the use of any rights granted by Team Owner and/or Driver pursuant to Sections 3 or 5

hereof (the "Revenue Report"). For purposes of this Agreement, “Live Transmission Income” means all

monies actually received by NEM or its Rights Affiliates pursuant to a live broadcast/telecast contract

and attributed by NEM to the live broadcast/telecast portion of NASCAR XFINITY Series events during

the current calendar year. The projected Revenue Report will be made available to Team Owner upon

request and will be certified to be accurate by an authorized officer of NEM.

Upon Team Owner’s request and subject to the parties’ execution of a mutually agreeable standard non-

disclosure agreement, NEM will cause NASCAR Media Group, LLC (“NMG”) to provide Team Owner

with a statement of Ancillary Rights Total Net Income earned by NMG and its wholly owned subsidiaries

during the period January 1, 2016 through December 31, 2016 in connection with the use of any rights

granted by Team Owner and/or Driver pursuant to Sections 3 or 5 hereof (the "Ancillary Rights

Report"). For purposes of clarification, NMG’s “Ancillary Rights Total Net Income”, as referenced

above, includes all ancillary rights revenue earned by NMG and its wholly owned subsidiaries, reduced

by all expenses and taxes thereby related to or arising out of the generation of such revenue. The

Ancillary Rights Report will be certified to be accurate by an authorized officer of NEM and will be

made available to Team Owner no later than May 1, 2017.

26. RULE BOOK INTERPRETATION. If there is a disagreement or dispute regarding the

application, interpretation or enforcement of the Rule Book, all such disagreements and disputes will be

resolved by NASCAR or NEM, in their sole discretion as the sanctioning body of NASCAR stock car

auto racing, in accordance with the provisions set forth in the Rule Book.

(Signature page attached)




The undersigned each hereby acknowledge to have read, understand, and agree to fully comply with the

foregoing terms.

Driver’s Name (Print)__________________________NASCAR License Number_________________

Address____________________________________________________________________________

Street City State Zip

Driver’s Phone No(s).________________________________________________________________

Team Owner’s Name (Print)__________________________NASCAR Registered Car Number______

Address____________________________________________________________________________

Street City State Zip

Team Owner’s Phone

No(s)._____________________________________________________________

________________________________ ________________________________________

Signature of Driver Signature of Team Owner, personally and on

behalf of his or her race team organization

Signed this ______________day of_____________, _____________.

In the Presence of:

___________________________________ ________________________________________

Signature of Witness as to Driver Signature of Witness as to Team Owner

Please complete and sign in the spaces designated above (signature of Driver and Team Owner), have

your signatures witnessed. Then mail the Agreement with original signatures to Jim Cassidy, Senior

Vice President of Racing Operations at NASCAR, PO Box 2875, Daytona Beach, FL 32120-2875, or

return a legible signed copy via email to [email protected]. Please make a copy for your files.

NASCAR EVENT MANAGEMENT, INC.

By:

Name:

Title:

Date:


EXHIBIT A




EXHIBIT B




EXHIBIT “C”




EXHIBIT “D”

PRIMARY CAR SPONSORSHIP RESTRICTIONS FOR OTT CATEGORY, VERIZON AND AT&T


EXHIBIT D (continued)

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