Official Rules Terms of Use Privacy Policy

NASCAR HALL OF FAME CLASS OF 2026 FAN VOTE

Terms and Conditions of Voting

ELIGIBILITY AND HOW TO VOTE

NO PURCHASE NECESSARY. The NASCAR Hall of Fame Class of 2026 Fan Vote (“HOF Vote”) is open worldwide. Voting for the HOF Vote begins at 9:00:00 AM Eastern Time on April 21, 2025, and ends at 6:00:00 PM Eastern Time on May 18, 2025 (“Voting Period”). During the voting period, you can vote by:

(a) Visiting https://www.nascar.com/halloffame (“Website”), to view eligible nominees for the Modern Era ballot and the Pioneer Era ballot.

(b) You may ‘select’ up to 2 nominees from the Modern Era ballot and up to 1 nominee from the Pioneer Era ballot. You will then confirm your selections. Once confirmed, hit the ‘submit’ button. You may complete the form by providing your e-mail address. You may submit up to 1 overall vote per day per email address.

Entries generated by script, macro or other automated means will be void and will result in disqualification of the vote from the HOF Vote as determined by NASCAR Digital Media, LLC (“NDM”), in consultation with National Association for Stock Car Auto Racing, LLC (“NASCAR”). The 2 nominees from the Modern Era ballot and 1 nominee from the Pioneer ballot with the most fan votes will make up the fan ballot (3 total), which will be submitted during the NASCAR Hall of Fame Class of 2026 Voting Panel Meetings.

ADDITIONAL TERMS

NDM reserves the right, in consultation with NASCAR, to void suspect entries, or to modify, cancel, or suspend part or all of the HOF Vote should virus, bugs, non-authorized human intervention or other causes beyond the control of NDM corrupt or impair the administration, security, or fairness or proper play of the HOF Vote. If cancelled or terminated early, NDM, in consultation with NASCAR, will determine the eligible nominees receiving the most HOF Votes by tallying the HOF Votes that NDM, in consultation with NASCAR, finds to be valid at the time of termination or cancellation. If suspended, NDM, in consultation with NASCAR, will determine the eligible nominees receiving the most HOF Votes by tallying the HOF Votes that NDM, in consultation with NASCAR, finds to be valid at the time of suspension and the HOF Votes accumulated when voting resumes. NDM may prohibit a participant from taking part in the HOF Vote or disqualify a participant’s vote if, in consultation with NASCAR, it determines that said participant is attempting to undermine the legitimate operation of the HOF Vote by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, or threaten any other participant or representatives of NDM and/or NASCAR. NDM and NASCAR assume no responsibility for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, including, but not limited to, computer equipment, software, failure of any entry to be received by NDM on account of technical problems or traffic congestion on the Internet or at any web site, any combination thereof, or otherwise, whether caused by NDM, participants, or by any of the equipment or programming associated with or utilized in the promotion or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the promotion. Rules and procedures are subject to change as determined by NDM, in consultation with NASCAR, without notice. All personally-identifiable information provided during the voting process will be treated in accordance with the privacy policy posted at https://www.nascar.com/privacy-statement.

CAUTION – ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE OR VOTING MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, NDM AND NASCAR RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERPETRATOR OF SUCH ACTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

NASCAR.COM PRIVACY STATEMENT

Effective as of: January 1, 2023

What’s New in the Updated Privacy Statement?

· Incorporated Additional Rights in the “Your U.S. Privacy Rights” section.

For a quick review of our practices, you can visit our Notice at Collection

NASCAR.COM PRIVACY STATEMENT

NASCAR Digital Media, LLC (“we”, “us” or “our”) operates the websites and mobile applications where this Privacy Statement is displayed (the sites and apps collectively the “Site”). The Site is a general audience platform and includes websites (including subdomains) and associated applications and digital services (such as mobile and other device applications), and other associated offerings that are owned, offered or operated by or on our behalf. We will be the Controller of your personal data provided to, or collected by, us in connection with the Site. Our Privacy Office can be reached at privacy@nascar.com. Your privacy is important to us. As such, we provide this Privacy Statement explaining our online information practices and the choices you can make about the way your information is collected and used at the Site. Please be advised that the practices described in this Privacy Statement apply only to information gathered through and in connection with the Site. This privacy statement does not apply to NASCARShop. Please see NASCARShop’s Privacy Notice for information about its privacy policies.

Quick Links:

To read our Privacy Statement highlights, click here.

To read our full Privacy Statement, click here.

To read our Cookie Notice, click here.

To opt-out of the collection of data for interest-based advertising from the Site click here.

To read about state specific privacy rights, click here.

Notice at Collection

The Information We Collect	We collect: · Name, Contact Information, and Other Identifiers: such as your name, address, e-mail address, telephone number, credit card information, date of birth, IP address, and device identifiers. · Purchase History: such as information on products you purchase from us. · Demographic Information: such as your gender or date of birth when you provide it to us · Customer Records: including phone number, billing and shipping address, and credit or debit card information when you provide it to us · Internet or Network Activity Information such as your IP address, device type and settings, device identifiers, browser type and settings, operating system, ISP and mobile network provider, usage information, such as the time and date of your visits and the content and advertisements you interacted with · Profiles and Inferences: such as inferences drawn from any of the information identified above to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes · Location Information: such as information about your location or device such as city, state or zip code, and/or geolocation When you engage with our content on social media services and other third-party sites and platforms, we also receive information about your interaction with that content (e.g. what you viewed and the advertisements displayed), as well as any profile information you choose to give us access to.
How We Use the Information We Collect	We use information that we collect for our legitimate business purposes, including to: · Fulfill your requests for our products, programs, and services, including without limitation requests for newsletters and notifications · Communicate with you about the Site, including to respond to your inquiries, requests or comments, and provide technical support · Inform you about products and services that you may be interested in, including third-party products and services · Provide technical support for the Site, including to protect the safety of our users and the security of our platforms and to investigate and prevent fraud or potentially illegal activities (including, without limitation, copyright infringement or fraud related to a contest) on or through the Site · Enforce legal terms related to the Site and to investigate and prevent fraud or other illegal activities · Serve you customized ads based on information gathered about you during your visits to the Site and other online or mobile sites and applications · Improve our products, services, and the Site
What Information Do We Sell or Share ?	Under the law in certain states, when we permit our partners to use your personal information outside of the services they provide to us, that may be considered a “sale” of personal information. When we share your information with our advertising partners for personalized advertising on other websites, that may be considered a “share” of personal information. · We sell and share the following categories of your information: o Name, Contact Information, and Other Identifiers o Internet and Network Information o Profiles and Inferences You can opt out of sale/share here
Who we Share Your Information With	We may share your Information with: · Our Service Providers (e.g., payment processors, email service providers, agencies, analytics/reporting vendors, and cloud service providers) · Third parties in response to legal orders or in order to detect and prevent fraud or other illegal activities · Our affiliates to enable them to communicate with you about their, or their marketing partners’, products, platforms, and services · Advertisers that wish to market their own products and services to you and our advertising partners (such as advertising networks and platforms) In the event we undergo a business transition (e.g., if we are sold to or merge with another entity)
How Long Do We Retain Your Information?	We retain your Information for the period necessary to fulfill the legitimate business purposes or uses outlined in this Privacy Statement, unless a longer retention period is required or allowed by applicable data protection law or to otherwise fulfill a legal obligation.
Our Cookie Policy	We use cookies and other common tracking tools on the Internet. These tools help us understand how you use the Site and the effectiveness of an ad so that we can more accurately deliver the types of ads that are relevant to your interests. You may opt-out via the links below: · DAA (US) - http://www.aboutads.info/choices/ · EDAA (Europe) - http://www.youronlinechoices.eu/ · DAA (Canada) - http://youradchoices.ca/understanding-online-advertising
Your Brazilian Privacy Rights	If you are a resident in Brazil, you have certain rights regarding information we hold about you. You have the right to: · Confirm the existence of the processing. · Receive information about the processing of your personal data. · Access the information we have about you. · Correct the information we hold about you. · Have your information deleted whenever it is processed under your consent. In general, this right is not available when we still have a valid legal reason to keep your data (for example, because we are forced to do so according to the law). · Object to the processing and to request the anonymization, blockage, or elimination of unnecessary or excessive data or of data processed in noncompliance with the provisions of the LGPD. · Request that we transfer the information that we have collected to another organization, or directly to you. · If we are processing your information based on your consent, you are entitled to withdraw this consent at any time, in which case we will interrupt the processing, except if we have another legal basis to continue the processing. · File a complaint about data privacy matters to the Brazilian Data Protection Authority (“ANPD”), or with the relevant regulatory data protection body in your country of residence. Before doing so, please tell us your concerns so that we can try to solve them.
Your U.S. Privacy Rights	U.S. residents in certain states have the following privacy rights. · Right to Know. You have the right to request that we disclose the specific pieces of personal information we collected about you. · Right to Correct. You have the right to request in certain circumstances that we correct any inaccurate personal information that we have collected directly from you. · Right to Delete. You have the right to request that we delete the personal information we have collected about you, subject to certain exemptions. · Right to opt-out of certain uses of your personal information (e.g. targeted advertising, sale, or profiling).
Your European Privacy Rights	If you are in the European Union or the European Economic area, you also have additional rights. You have the right to: · Withdraw your consent for future processing of your information; · Request, access, correct and/or erase your information; · Data portability (the right to receive a copy of your information in a commonly used format); · Restrict the processing of your information; and · Lodge a complaint with your local data protection authority. Before doing so, please tell us your concerns so that we can try to solve them.
Your Canadian Privacy Rights (excluding Québec)	If you are a resident in Canada (excluding Québec), you have certain rights regarding information we hold about you. You have the right to (each subject to the limitations set forth under the Personal Information Protection and Electronic Documents Act): · Your consent for future processing of your information; and · Request, access, and/or correct your information.
Your Québec Privacy Rights	If you are a resident in Québec, you also have additional rights. You have the right to (each subject to the limitations set forth under the Act respecting the protection of personal information in the private sector): · Withdraw your consent for future processing of your information; · Request, access, correct, cease disseminating, de-index and/or re-index your information; and · Data portability (the right to receive a copy of your information in a commonly used format). Please note that when we communicate your information (as described under “How We Share and Disclose Your Information“), your information may be communicated outside Québec.
Submitting Requests	You can exercise your rights by: · Clicking this · Emailing our Privacy Office at privacy@nascar.com · Mailing our Privacy Office at: NASCAR.COM/NASCAR Digital Media, LLC Legal Department – Privacy Office One Daytona Boulevard Daytona Beach, FL 32114 You will be required to prove your identity before we take any measure to respond to your request. If a third party makes a request on your behalf, we will be request them to prove that they are authorized to do so.
International Transfer	We collect and receive personal data from inside and outside of the United States. The personal data we collect and receive are stored within the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that information we collect is processed in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen. We put safeguards in place to protect your Information when we process it outside of the country from which it was collected.
Legal Basis for Processing Information	The legal basis for our processing of your information is generally because: (a) you have consented to our processing of such information, (b) it is necessary for us to perform our contractual obligations, (c) it is necessary for us to comply with legal and/or regulatory requirements and/or (d) it is in our legitimate interests (e.g., we may use information for marketing, sales and customer service activities, to improve the Site and our services and to support our IT security efforts).
Third Party Sites and Linked Services	The Site may contain links to or integrations with other sites such as Facebook, Twitter, LinkedIn, and other media services and platforms not owned or controlled by us, whose information practices may be different than ours. This privacy statement does not apply to any information collected by third-party sites or integrated services providers.
Data Security	We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store. The Internet is not 100% secure. Although we take reasonable measures designed to safeguard against unauthorized disclosures of Information, we cannot guarantee that your Information will never be disclosed, altered or destroyed in a manner that is inconsistent with this privacy statement.
Children’s Privacy	The Site is not intended for use by children under 13 years of age. We do not knowingly collect information from anyone under 13 years of age. We do not knowingly “sell,” as the term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.
How to Contact Us	If you have any questions or concerns about our privacy statement, you may contact our Privacy Office at this email address: privacy@nascar.com, or you can send correspondence to the following address: NASCAR.COM/NASCAR Digital Media, LLC Legal Department – Privacy Office One Daytona Boulevard Daytona Beach, FL 32114
Updates	Updates to our Privacy Statement will be posted to the Site or may be communicated to you in other ways as required by applicable law.

The Information We Collect

We receive information about you that you provide to us directly, such as personal information you provide when you visit the Site, and information that is passively or automatically collected from you, such as information collected from your browser or device. In this Privacy Statement, we refer to all of this as the “Information.”

Information You Provide to Us. At the Site, you can register, order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our services such as our online newsletters or text message alerts, or participate in one of our online forums or communities. In the course of these various offerings, we often seek to collect from you various forms of Information, such as: name, address, e-mail address, telephone number, credit card information, and date of birth.

Certain features on the Site also allow you to submit Information about other people. For example, you might submit a person’s name and e-mail address to send an electronic greeting card and, if you order a gift online and want it sent directly to the recipient, you might submit the recipient’s name and address. This Information may include, for instance, a recipient’s name, address, e-mail address, and telephone number.

Information That is Passively or Automatically Collected. We, and our service providers and advertising partners, which include advertising networks and platforms, agencies, analytics/reporting vendors, platform and infrastructure monitoring vendors, and cloud service providers, use automated means to collect various types of Information about you, your computer or other device used to access the Site. A representative, non-exhaustive list of the types of automatically collected Information may include:

· network or Internet protocol address and type of browser you are using (e.g., Chrome, Safari, Firefox, Internet Explorer)

· the type of operating system you are using (e.g., Microsoft Windows or Mac OS)

· the name of your Internet service provider (e.g., Comcast, Verizon or AT&T) and domains used by such providers

· mobile network

· device identifiers (such as Apple IDFA or an Android Advertising ID)

· device settings and browser settings

· the date and time of your visit to the Site

· which Site pages you have visited and which sites you visited before and after you visit the Site

· the type of handheld or mobile device you used to view the Site (e.g., iOS, Android)

· your location information

· the content and advertisements you have accessed, seen, forwarded and/or clicked on.

Please see the Section titled Our Cookie Policy for more information about how the foregoing Information may be collected and used, as well as your choices related to such collection and use.

Information Collected By and From Third Party Platforms. When you engage with our content on or through social media services or other third party platforms (“Third Party Platforms”), plug-ins, integrations or applications, you may choose to allow us to have access to certain Information in your profile. This may include your name, e-mail address, photo, gender, birthday, location, an ID associated with the applicable third party platform or social media account user files, “liked” photos and videos, your list of friends or connections, people you follow and/or who follow you, or your posts or the ‘likes’. For a description of how social media services and other third party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

When we interact with you through our content on third party websites, applications, integrations or platforms, we obtain any information regarding your interaction with that content, such as content you have viewed, your game performance, high scores, and information about advertisements within the content you have been shown or may have clicked on.

How We Use the Information We Collect

We use your Information for the following legitimate business purposes:

· to communicate with you about the Site, such as to fulfill a request or order by you, or to contact you about your account with us

· to inform you about products, programs or services that we believe may be of interest to you, including those offered by third parties

· to provide technical support for the Site

· to serve you customized or personalized ads, offers and content based on your visits to and/or usage of the Site or other online or mobile websites, applications, platforms or services, and to analyze the performance of those ads, offers and content, as well as your interaction with them

· to perform analysis regarding how you use the Site or any part thereof

· to send gifts, cards, invitations or emails if you use these services, to your designated recipients

· to improve our products, services and the Site

· as otherwise permitted by law or as we may notify you from time to time

When we have your consent to do so, we also use information from your social media account to:

· give you exclusive content

· personalize your online experience with us within and outside our applications or websites

· contact you through the social media service or directly by sending you the latest news, special offerings, and rewards, and

· enable you to share your experience and content via social media services.

From time to time, we enhance the Information we collect from you with other information that we obtain from third party sources.

To allow us to comply with our legal/regulatory obligations, we may also collect your information to:

· to enforce the legal terms (including without limitation this privacy statement and our terms of use) that govern your use of the Site, and/or for the purposes for which you provided the information

· to investigate and prevent fraud or potentially illegal activities (including, without limitation, copyright infringement or fraud related to a contest) on or through the Site

· to protect the safety of our users and the security of our platforms

In connection with the creation or performance of a contract with you, we may use your information:

· to fulfill your requests for our products, programs, and services, including without limitation requests for newsletters and notifications

· to communicate our terms; send notifications to you about changes thereto; and communicate with you about any non-compliance

· to respond to your inquiries and notify you if you have won one of our contests

How We Share and Disclose Your Information

We share or disclose your Information as follows:

· With “Service Providers,” which are companies that that we have engaged to perform business-related functions on our behalf. Each such Service Providers is contractually obligated to provide services to us in a manner consistent with this privacy statement. Our Service Providers use your Information to provide us with the following services:

o conduct research and analytics

o create content

o provide customer, technical or operational support

o conduct or support marketing (such as email or advertising platforms)

o fulfill orders and user requests

o handle payments

o host the Site, forums and online communities

o administer contests

o maintain databases

o send or support online or mobile advertising, and

o otherwise support the Site.

· In response to legal process, for example, in response to a court order or a subpoena, a law enforcement or government agency’s request or similar request, or where we believe in our sole discretion that disclosure is legally necessary.

· With third parties in order to investigate, prevent, or take action (in our sole discretion) regarding potentially illegal activities, suspected fraud, situations involving potential threats to any person, us, or the Site, or violations of our policies, the law or our Terms of Use, to verify or enforce compliance with the policies governing the Site and applicable laws or as otherwise required or permitted by law or consistent with legal requirements.

· If we, or one of our business units, undergoes a business transition, like a merger, acquisition by another company, or sale of all or part of our assets, or if a substantial portion of our or of a business unit’s assets is sold or merged in this way, we will transfer some or all of your Information as part of that transaction.

· With our affiliates, so they can provide, improve and communicate with you about their own, or their marketing partners’, products, platforms, and services.

· With our advertising partners. We share your email or mailing address with certain advertising partners (including magazine publishers, retailers, non-profit organizations, and their advertising agencies and marketers) that wish to market their own products or services to you. We may also share your IP address, device ID and cookie identifiers with our advertising partners. If you wish to opt out from such sharing, you may do so by visiting our privacy portal.

· In addition, we disclose Information that identifies your mobile device, telecommunications carrier and information regarding your access/use of the Site mobile applications to our wireless communications partner. Our wireless communications partner may use this information to market their services to you. If you wish to opt out from such sharing, please visit the Opting Out of Marketing Communications section below for further instructions.

Co-Sponsored Content. Please note that the Site may offer content (e.g., contests, sweepstakes, promotions, games, applications, or social network integrations) that is co-sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain information directly from you when you access such co-sponsored or co-branded content on the Site. We have no control over these third parties’ use of this information, which is subject to their own privacy policies.

Public Posts. If you choose to submit Information or content for public distribution or publication (e.g., a letter to our editors, comments sent to our writers and/or personalities, a posting to a blog or a discussion board, or a video), we may publish that Information and content, along with other Information about you (such as your name, screen name or location). Likewise, if you register and create a profile with the Site, the screen name you select, as well as other content you submit or upload to your profile page (e.g., photos, comments, video, reviews), will be displayed publicly on the Site, is searchable, can be found by third parties and may be reused and redistributed by us in our sole discretion. See our Terms of Use for details on our use of content you submit.

How Long Do We Retain Your Information?

We retain your Information for the period necessary to fulfill the legitimate business purposes or uses outlined in this Privacy Statement, unless a longer retention period is required or allowed by applicable data protection law or to otherwise fulfill a legal obligation.

Our Cookie Policy

We use cookies and other common tracking technologies both to provide our services to you and to serve customized advertising to you. We may also work with advertisers and our advertising partners to help them advertise to you when you visit other websites or mobile applications, and to help them perform user analytics. These technologies may also be used to analyze how our users interact with advertising on the Site and elsewhere, and more generally, to learn more about our users and what services or offers you might prefer to receive. We describe some of these technologies below, as well as your choices related to these tracking technologies.

Cookies. We use “cookies”, “web beacons” or other common tracking technologies. Cookies are text files placed in your computer’s browser to store your preferences.

· We, and our Service Providers, advertisers, advertising networks and platforms, agencies, or Partners, use cookies or other common tracking technologies to understand site and Internet usage and to improve or customize the products, content, offerings, services or advertisements on the Site. For example, we may use cookies to personalize your experience on the Site (e.g., to recognize you by name when you return to the Site), save your password in password-protected areas, and enable you to use shopping carts on the Site.

· We, and our Service Providers, advertisers, advertising networks and platforms, agencies, or Partners, use cookies or other common tracking technologies to offer you products, content, offerings, or services that may be of interest to you and to deliver relevant advertising based on your interests on the Site, an affiliate’s website, or third-party websites or applications that you visit.

· We, and our third party service providers, advertisers, advertising networks and platforms, agencies, or Partners, use cookies or other common tracking technologies to manage and measure the performance of advertisements displayed on or delivered by or through the Site and/or other networks or sites. This also helps us, our service providers and Partners provide more relevant advertising to you. The use of these technologies by these third parties is subject to their own privacy policies and is not covered by this privacy statement. One such third party service we use is Google Adwords. This service allows us to serve our advertisements on websites across the Internet. You may opt out of this feature using the Ads Preferences Manager.

Synching Cookies and Identifiers. We may work with our advertisers and advertising partners (for instance, third party ad platforms) to synchronize unique, anonymous identifiers (such as those associated with cookies) in order to match their uniquely coded user identifiers to our own. We may do this, for instance, to enhance data points about a particular unique browser or device, and thus enable us or others to send ads that are more relevant, match users to their likely product interests, or better synchronize, cap, or optimize advertising.

Locally Stored Objects. The Site may employ locally stored objects (“LSOs”) and other client side storage tracking technologies in certain situations where they help to provide a better user experience, such as to remember your settings, preferences and usage, similar to browser cookies, or in order to target or help our Partners target ads, analyze ads performance, or perform user, website or market analytics. For LSOs utilized by Adobe Flash you can access your Flash management tools from Adobe’s website. In addition, some, but not all browsers, provide the ability to remove LSOs, sometimes within cookie and privacy settings.

Disabling Cookies. Most web browsers are set up to accept cookies. You may be able to set your browser to warn you before accepting certain cookies or to refuse certain cookies. However, if you disable the use of cookies in your web browser, some features of the Site may be difficult to use or inoperable.

We may work with companies that use techniques other than HTTP cookies to recognize your computer or device and/or to collect and record information about your web surfing activity, including those integrated with the Site. Please keep in mind that your web browser may not permit you to block the use of these techniques, and those browser settings that block conventional cookies may have no effect on such techniques. To learn more about Interest-Based Advertising and your choices for opting out of this type of advertising, please go to Opting Out: Your Ad Choices.

Web Beacons. We may also use “web beacons” or clear GIFs, or similar technologies, which are small pieces of code placed on a web page or in an email, to monitor the behavior and collect data about the visitors viewing a web page or email from us. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).

Mobile Device Identifiers and SDKs.We also sometimes use, or partner with publishers, publisher-facing, or app developer platforms that use mobile Software Development Kits (“SDKs”), or use an SDK with a mobile app that we offer, to collect Information, such as mobile identifiers (e.g., IDFAs and Android Advertising IDs), and Information connected to how mobile devices interact with the Site products and services and those using the Site. A mobile SDK is the mobile app version of a web beacon (see “Web Beacons” above). The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected, and related services or analytics to be performed. We may use this technology to deliver or help our Partners deliver certain tailored advertising through mobile applications and browsers based on information associated with your mobile device. If you’d like to opt-out from having ads tailored to you in this way on your mobile device, please follow the instructions in Opting Out: Your Ad Choices.

Third parties may themselves set and access their own tracking technologies when you visit the Site, and they may have access to information about you and your online activities over time and across different devices, websites or applications when you use the Site.

Sometimes, we may associate cookies with the Information, including de-identified, “hashed,” or anonymous versions of Information you have provided (such as during registration), in order to send or help our advertisers and advertising partners send ads and offers based on your presumed interests or demographic information.

Opting Out: Your Ad Choices To learn about online interest-based advertising and your choices related to interest-based advertising, please visit:

· For United States visitors: the Digital Advertising Alliance (“DAA”) at the Ad Choices site

· For European Union visitors: the European Interactive Digital Advertising Alliance (“EDAA”) at the EDAA site

· We also allow our European Union visitors to opt out of interest-based advertising on the Site via our consent manager

· For Canadian visitors: the Digital Advertising Alliance of Canada at the Ad Choices Canada site

The tools provided on the DAA opt-out page ,the EDAA site, and the Ad Choices Canada site are provided by third parties, not by us. We do not control or operate these tools or the choices that advertisers and others provide through these tools.

PLEASE NOTE: Certain choices you make through these platforms may be browser-specific or device-specific. If you erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), or use a new or different computer, you may need to opt out again.

Opting out via this method does not prevent the use of cookies or similar tracking tools that are necessary for the operation of the Site or other legitimate purposes unrelated to serving interest-based ads. Information may still be collected about your web browsing activities for these other purposes. While you will not receive ads based on your interests derived from your online behavior, you will still see advertising, including contextual ads that are based on the content of the Site pages you visit.

We sometimes utilize Adobe technology to customize advertising you may see on our site or third-party sites. These “flash cookies” cannot be controlled through browser settings, but you can opt out of the receipt of targeted advertising utilizing Adobe technology by clicking here.

When using a mobile application you may receive tailored in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your mobile device. In addition, each operating system (iOS for Apple phones, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You may review support materials and/or the privacy settings for the respective operating systems in order to opt-out of tailored in-application advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact the applicable platform operator.

What Are Your Rights and Choices?

Your right to make informed decisions about information collection is important to us.

Opting Out of Marketing Communications. Please note that you always have the right to opt out of having your Information shared with third parties for their own marketing purposes. To stop receiving advertising e-mails, follow the “unsubscribe” instructions in any advertising e-mail we send you (you will still receive transactional e-mails). To stop receiving text messages, reply “STOP” to any message.

If you have any questions or concerns about this Privacy Statement, please contact us at privacy@nascar.com. If you would like to opt out from our sharing of your Information with unaffiliated third parties for the third parties’ direct marketing purposes please submit your request to our privacy portal. Please know that in order for us to respond to your request we may require that you verify your identity. We are based in the United States and our products are offered in English. Requests submitted in another language will require translation.

Your Brazilian Privacy Rights

If you are a resident in Brazil, you have certain rights regarding information we hold about you. See below a summary of these rights:

· Confirmation of the existence of the processing. You have the right to ask us whether we process information about you.

· Information. You have the right to receive information about the processing of your personal data, including on the public and private entities with which we share your data.

· Access. With some exceptions intended to protect the rights of third parties, you are entitled to access the information we have about you or, in some cases, to receive a copy of such data in common electronic format.

· Rectification. You have the right to correct the information we hold about you, if they are factually incorrect, incomplete, or outdated.

· Erasure. You have the right to have your information deleted whenever it is processed under your consent. In general, this right is not available when we still have a valid legal reason to keep your data (for example, because we are forced to do so according to the law).

· Anonymization. You have the right to object to the processing and to request the anonymization, blockage, or elimination of unnecessary or excessive data or of data processed in noncompliance with the provisions of the LGPD.

· Portability. In some circumstances, you have the right to request that we transfer the information that we have collected to another organization, or directly to you.

· Consent withdrawal. If we are processing your information based on your consent, you are entitled to withdraw this consent at any time, in which case we will interrupt the processing, except if we have another legal basis to continue the processing. You also have the right to be informed about the possibility of not giving consent and its implications.

· Complaints. You have the right to file a complaint about data privacy matters to the Brazilian Data Protection Authority (“ANPD”), or with the relevant regulatory data protection body in your country of residence. Before doing so, please tell us your concerns so that we can try to solve them.

U. S. Privacy Rights

If you are a resident of certain states in the U.S., you have the following rights regarding your personal information:

· Right to Know. You have the right to request that we disclose the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information that we sold or disclosed, our business or commercial purpose for collecting and selling your personal information, the categories of third parties with whom we shared your personal information, and the specific pieces of personal information we collected about you.

· Right to Correct. You have the right to request in certain circumstances that we correct any inaccurate personal information that we have collected directly from you. To protect your personal information, we are required to verify you identity before we can act on your request.

· Right to Delete. You have the right to request that we delete the personal information we have collected about you, subject to certain exemptions.

· Right of data portability. You have the right to request a portable copy of your personal information, to extent technically feasible, in a readily accessible format.

· Right to opt-out of certain uses of your personal information (e.g. targeted advertising, sale, or profiling).

· Non-Discrimination. You have the right not to be discriminated against for exercising the rights above.

We do not use you sensitive personal information outside of the purpose for which you provided it to us.

California Privacy Rights

· Shine the Light Rights. You have the right to request and obtain from us, once a year and free of charge, a list of the third parties to whom we have disclosed certain types of personal information (if any) for their direct marketing purposes in the prior calendar year. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes.

Notice of Financial Incentive and Non-Discrimination Disclosure

Our NASCAR Fan Rewards Program (“Program”) provides opportunities to earn reward points for any Program activities you complete and involves the collection of personal information to facilitate Program operations and provide you Program benefits, including your name, unique participant ID, e-mail address, mailing address, date of birth, gender, mobile phone number, favorite track, favorite driver, and shopping history, depending on which Reward-earning activities you choose. Participating in the Program is entirely optional, but is subject to its terms and conditions. You must opt-in by enrolling online at nascar.com/fanrewards. (Existing nascar.com registrants will need to opt-in to the Program using their existing online credentials and accept the Program Terms to enroll in the Program). You can terminate Program participation at any time, as explained in the Program Terms.

You may exercise the privacy rights available to you without any effect on your Program status or eligibility to receive rewards. You may also choose not to receive marketing updates or offers at any time without any effect on your eligibility to receive Program benefits. If you would like us to delete your information, but you would like to continue to participate in the Program, we may need to retain certain information so that we can continue to provide the Program and your Rewards.

NASCAR.COM treats the value of any personal information as the equivalent of its relevant expenses related to the collection and retention of consumers’ personal information as part of the Program. NASCAR.COM pays these expenses and provides the Program benefits, which vary depending upon Program participation, to foster a positive relationship with our members that is invaluable.

Your European Privacy Rights

Please note that if you are in the European Union or the European Economic area, you also have additional rights. The GDPR provides the following additional rights to users located in the EEA, Switzerland and the UK (each subject to the limitations set forth in the GDPR):

· the right to withdraw your consent for future processing of your information;

· the right to request, access, correct and/or erase your information;

· the right to data portability (the right to receive a copy of your information in a commonly used format);

· the right to restrict the processing of your information; and

· lodge a complaint with your local data protection authority, but before doing so, please tell us your concerns so that we can try to solve them.

Your Canadian Privacy Rights (excluding Québec)

If you are a resident in Canada (excluding Québec), you have certain rights regarding information we hold about you. You have the right to (each subject to the limitations set forth under the Personal Information Protection and Electronic Documents Act):

· Withdraw your consent for future processing of your information; and

· the right to request, access, and/or correct your information;

Your Québec Privacy Rights

If you are a resident in Québec, you also have additional rights. You have the right to (each subject to the limitations set forth under the Act respecting the protection of personal information in the private sector):

· Withdraw your consent for future processing of your information;

· Request, access, correct, cease disseminating, de-index and/or re-index your information; and

· the right to request, access, and/or correct your information;

Please note that when we communicate your information (as described under “How We Share and Disclose Your Information”), your information may be communicated outside Québec.

Submitting Requests

You can exercise your rights by:

· Clicking this

· Emailing us at privacy@nascar.com

With the purpose of protecting our privacy and the privacy of others, you will be required to prove your identity before we take any measure to respond to your request. If a third party makes a request on your behalf, we will be request them to prove that they are authorized to do so.

We may contact you to request further information and help you exercise your legal rights, or to accelerate our response. We will let you know in case we need more time, for example, if your request is complex. We may have an overriding lawful basis for processing your personal data, or certain exemptions may apply. If we refuse your request, we will explain why.

International Transfers

We collect and receive personal data from inside and outside of the United States.

If you are located in the European Union or elsewhere outside of the United States, please be aware that information we collect is processed in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen. We put safeguards in place to protect your Information when we process it outside of the country from which it was collected.

Users located in the United Kingdom and the EU: Third parties with whom we share your data may be located outside the EEA, and the processing of your personal data may involve the transfer of data to places outside the EEA. Our agreements with third parties include standard contractual clauses that are approved by the Commission, and otherwise make clear the standards that we expect from them in order to protect your information and legal rights. You have the right to receive a copy of the standard contractual clauses.

Users located in Brazil: Third parties with whom we share your data may be located outside Brazil, and the processing of your personal data may involve the transfer of data to places outside Brazil. Our agreements with third parties include standard or specific data protection contractual clauses, and otherwise make clear the standards that we expect from them in order to protect your information and legal rights.

Legal Basis For Processing Information

The legal basis for our processing of your information is generally because: (a) you have consented to our processing of such information, (b) it is necessary for us to perform our contractual obligations, (c) it is necessary for us to comply with legal and/or regulatory requirements and/or (d) it is in our legitimate interests (e.g., we may use information for marketing, sales and customer service activities, to improve the Site and our services and to support our IT security efforts).

Third Party Sites and Linked Services

The Site may contain links to or integrations with other sites such as Facebook, Twitter, LinkedIn, and other media services and platforms not owned or controlled by us, whose information practices may be different than ours. This privacy statement does not apply to any information collected by third-party sites or integrated services providers. You should consult the other sites’ privacy notices, as we have no control over information that is submitted to, or collected by, these third parties.

Data Security

We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the Information we collect online. These safeguards vary based on the sensitivity of the information that we collect and store.

The Internet is not 100% secure. Although we take reasonable measures designed to safeguard against unauthorized disclosures of Information, we cannot guarantee that your Information will never be disclosed, altered or destroyed in a manner that is inconsistent with this privacy statement.

Children’s Privacy

The Site is not intended for use by children under 13 years of age. We do not knowingly collect information from anyone under 13 years of age, except for the limited circumstances described below. In the event a child under the age of 13 submits a question to us on the site and identifies his or her age, we will use commercially reasonable efforts to limit our use of the child’s email address for the sole purpose of responding to the child’s question on a one-time-only basis. However, we will not use the child’s email address to re-contact the child and we will delete it from our records once we have responded. If we become aware that we have unknowingly collected information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

We do not knowingly “sell,” as the term is defined under the CCPA, the personal information of minors under 16 years old who are California residents.

How to Contact Us

If you have any questions or concerns about our privacy statement, you may contact us at this email address: privacy@nascar.com, or you can send correspondence to the following address:

NASCAR.COM/NASCAR Digital Media, LLC
Legal Department – Privacy Office
One Daytona Boulevard
Daytona Beach, FL 32114

Updates

From time to time, we may update this privacy statement. We will notify you about material changes by prominently posting a notice on our site or otherwise as required by law. We encourage you to periodically check back and review this statement so that you always will know what information we collect, how we use it, and with whom we share it.

Previous Privacy Statement, Updated September 1, 2022

NASCAR.COM TERMS OF USE

LAST MODIFIED: 12/15/2023

What’s New in the Updated Terms of Use?

We, NASCAR Digital Media, LLC have revised the Terms of Use for our current and future online and mobile websites, platforms, services, and applications owned or operated by NDM (collectively, “NASCAR.COM”). Some of the key changes are summarized below, but please take the time to read the full Terms of Use. You accept and agree to be bound by these Terms of Use when you use NASCAR.COM, including without limitation, when you view or access content or videos on NASCAR.COM.

- Throughout we have revised these Terms to enhance readability and understanding.

IMPORTANT NOTICE: THESE TERMS OF USE INCLUDE A WAIVER OF CLASS ACTION RIGHTS.

Welcome to NASCAR.COM! NASCAR.COM includes this web site (including its sub-domains) and associated applications (such as mobile and other device applications) and other associated offerings that are owned, offered or operated by or on behalf of NASCAR Digital Media, LLC. Please read these terms and conditions of use (“Terms of Use”) carefully before using NASCAR.COM. Your access to and use of NASCAR.COM is subject to the following terms and conditions (including the NASCAR.COM Privacy Policy) and all applicable laws. By accessing and using NASCAR.COM, you signify your assent to these Terms of Use and the Privacy Policy (collectively, the “Agreement”). If you do not agree to these Terms of Use or the Privacy Policy please do not use NASCAR.COM. These Terms of Use may be amended or modified, or new conditions may be imposed, at any time. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of NASCAR.com following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.

Definitions.

NASCAR.COM is operated by NASCAR Digital Media, LLC on behalf of the National Association for Stock Car Auto Racing, Inc. As used in this document, "NDM" refers to NASCAR Digital Media, LLC. As used in this document, "NASCAR" refers to the National Association for Stock Car Auto Racing, LLC. As used in this document, "NDM Parties" means NDM and its parent and affiliates and the officers, directors, members, employees, advisors and agents of the foregoing. As used in this document, (i) "Visitor" means a NASCAR.COM user that accesses the NASCAR.COM web pages and associated applications without registering and/or logging-in, (ii) "Member" means a NASCAR.COM user that is registered with and has an account (an "Account") with NASCAR.COM , and (iii) "User" and/or "you(r)" means and includes Members and Visitors.

General.

These Terms of Use set forth the terms and conditions that apply to your use of NASCAR.COM. By using NASCAR.COM (other than to read these Terms of Use for the first time), you agree to comply with all of the terms and conditions hereof. In addition, you agree that any information collected in connection with your use of NASCAR.COM is subject to the NASCAR.COM Privacy Policy.The right to use NASCAR.COM is personal to you and is not transferable to any other person or entity. Without limiting the generality of the foregoing, if NASCAR.COM offers you applications (e.g., mobile device application) or other features to download, you may only use the application or feature on a device that you own or control and such right to use the application or other feature shall be limited, non-exclusive, non- sublicensable and non-transferable. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of your Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any. You agree not to use the account, username, or password of another User at any time. You agree to notify NDM immediately if you suspect any unauthorized use of your Account or access to your password. You are solely responsible for all use of your Account and/or password.

Changes in Terms.

NDM shall have the right at any time to change or discontinue any aspect or feature of NASCAR.COM, including, but not limited to, content, hours of availability, and equipment needed for access or use. NDM shall have the right at any time to change or modify the terms and conditions applicable to your use of NASCAR.COM, or any part pertaining to that, including these Terms of Use, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means determined by NDM, including, but not limited to, posting on and/or through NASCAR.COM, or by electronic or conventional mail, or by any other means by which you obtain notice. Any use of NASCAR.COM by you after such notice shall be deemed to constitute your acceptance of such changes, modifications, or additions.

Equipment.

You shall be responsible for obtaining and maintaining all telecommunication devices, computer hardware and other services and equipment needed for access to and use of NASCAR.COM and all charges related to it. In addition, certain features that make up NASCAR.COM (e.g., NASCAR.COM device applications) may operate on or in connection with various products and services provided by various third parties, such as third party handsets, tablet devices, televisions, set top devices and other devices, and third party-provided Internet access services. Without limiting the generality of the disclaimers and limitations of liability stated elsewhere in this document, you acknowledge that NDM does not control such third parties or their products or services and that NDM shall not be responsible for such third parties or their products or services.

Intellectual Property Rights of NDM.

NASCAR.COM contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The entire contents of NASCAR.COM are copyrighted as a collective work under the United States copyright laws. NDM (and/or its parent and/or affiliates) own copyrights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works of, or in any way similarly exploit, any of the content, in whole or in part. To the extent expressly permitted at certain parts of NASCAR.COM (if any), you may download copyrighted material for your personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NDM and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by viewing or downloading copyrighted material. NDM and its parent, affiliates and content suppliers expressly reserve all ownership and other rights (including, but not limited to, intellectual property rights) in their respective materials and no such rights are transferred to you. NDM, NASCAR and NASCAR.COM, and each of their logos, are trademarks of NASCAR. All rights reserved. All other trademarks appearing on NASCAR.COM are the property of their respective owners.

Interactive Areas.

NASCAR.COM may contain comments sections, discussion forums, bulletin boards, fantasy games or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other content, materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into this Agreement, submit content, participate on NASCAR.COM, and fulfill the obligations set forth in these Terms of Use, which form a binding contract between you and NDM.

Submissions.

By submitting Materials (defined below) to and/or via NASCAR.COM, and in exchange for good and valuable consideration, the sufficiency and receipt of which you now acknowledge, you now grant to NDM a non-exclusive, perpetual, royalty-free, fully-paid, worldwide license to edit, telecast, rerun, reproduce, use, create derivative works of, modify, syndicate, license, print, sublicense, distribute and otherwise exhibit the Materials you submit, or any portion pertaining to that, in any manner and in any medium or forum, whether now known or hereafter devised. For the purposes of these Terms of Use, “Materials” means and includes all data, information, images, video, audio, pictures, sounds, files and/or any other content, materials and/or intellectual property.

Please choose carefully the Materials you post or otherwise submit to NASCAR.COM and/or that you provide to other Users. Except with respect to personal information (e.g., DOB, address) that you submit as part of registering for an account on NASCAR.COM (which shall be maintained in accordance with the NASCAR.COM Privacy Policy), your submissions are non-confidential and NDM has no obligation to maintain the confidentiality of any Materials you submit. Without limiting the generality of the foregoing, Materials you choose to post and/or upload to NASCAR.COM will be viewed by other Users, so please do not post information, content or other Materials to which you do not wish other Users to have access.

You represent and warrant to NDM that: (i) you have the full legal right, power and authority to grant to NDM the license provided for in these Terms of Use; (ii) you own or control, or the owner(s) of such materials (and of all rights in that) has/have expressly granted you the right to submit and use, the Materials you submit; (iii) neither the Materials you submit nor the exercise of the rights granted in this text shall infringe upon or violate any rights of any third party, including, but not limited to, any intellectual property rights and/or any rights of privacy or publicity and that you have the consent of each and every identifiable natural person in any submission to use such person's name and/or likeness in the manner contemplated by NASCAR.COM; (iv) any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other similar rights society or organization is not entitled to compensation by NASCAR.COM; and (v) neither the Materials you submit nor the exercise of the rights granted in this text shall defame any other person or entity. Without limiting the foregoing, you agree to pay all royalties, fees, and any other monies owing any person or entity by reason of any Materials posted by you, to or through NASCAR.COM.

Any opinions, views, advice, statements, services, offers or other information or content expressed or made available by you or any third parties (e.g., other Users, professional information providers, etc.) are those of the respective author(s) or submitter(s) and not of the NDM Parties. THE NDM PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Users are solely responsible for anything contained in their submissions, message board and/or chat sessions. The NDM Parties do not verify, endorse or otherwise vouch for the contents of any submission, message board or chat room. Users may be held legally liable for the contents of their submissions, message board and chat sessions, and may be held legally liable if their submissions or chat sessions include, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner, or defamatory comments. NDM reserves the right, in its sole discretion, to reject, to refuse to post and/or to remove any posting (including private messages) by you, for any or no reason, with or without prior notice, and without liability on the part of NDM.

NDM does not accept or consider business and/or programming proposals and/or similar suggestions and/or materials ("Proposals") other than those they have specifically requested. This is to avoid the possibility of future misunderstandings when projects independently developed by NDM might seem to others to be similar to their own proposals or suggestions. If you do send or post any Proposals, including related ideas, notes, drawings, concepts or other information, or if you transmit them through NASCAR.COM by electronic mail or otherwise, the Proposals shall be deemed, and shall remain, the property of NDM. None of the Proposals shall be subject to any obligation on the part of NDM to use the Proposals or keep them confidential and none of the NDM Parties shall be liable for any use or disclosure of any Proposals. NDM shall exclusively own any now known or hereafter existing rights to the Proposals of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Proposals for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Proposals.

Publicly Available Participation.

A. By participating in an Interactive Area, you acknowledge that the fact and elements of your participation will be publicly available on NASCAR.COM to other NASCAR.COM Users and may be included in the search results of Internet search engines (e.g., Google and Bing, etc.). For example, if you comment on a story, play a fantasy game, enter a public chat or interact with NASCAR.COM in any other way, unless otherwise noted, your interactions will be published live on the NASCAR.COM newsfeed and maintained in your public profile. If you do not want your participation listed on the news feed or included in the search results of Internet search engines, do not interact with NASCAR.COM.

User Conduct.

By viewing NASCAR.COM or participating in the Interactive Areas, you agree to the following:

A. Lawful Use. You shall use NASCAR.COM for lawful purposes only. You shall not post or transmit through NASCAR.COM any material that violates or infringes in any way the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without NDM's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, as determined by NDM in NDM's discretion, restricts or inhibits any other User from using or enjoying NASCAR.COM will not be permitted. User shall not use NASCAR.COM to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Users to become subscribers of other on-line information services competitive with NASCAR.COM.

B. Naming Policy. When selecting a display name for use on NASCAR.COM web sites, you must abide by the following Naming Policy set forth below (and if NASCAR.COM changes it, you will abide by all changes after it is posted here.)

§ Names may not be offensive, sexually explicit, vulgar, racist, hateful, obscene, defamatory, or any other language that is offensive in nature (including common swear words, names concerned with anatomical references, and intentional misspellings, anagrams, combinations, and homonyms of these words).

§ Names may not be used that harass or damage the reputation of another user, NDM or NASCAR employees or agents.

§ Names may not be a name or handle of any NDM or NASCAR employees or agents.

§ Names may not include any unlawful reference to trademarked names, materials or products.

§ Names may not incorporate names of other people, including drivers, crew chiefs, broadcast talent, actors, celebrities, or other personalities or individuals in a manner that creates confusion or false affiliation.

§ Names may not be religiously or historically sensitive.

§ Names may not have a title or rank within them suggesting affiliation with NDM, NASCAR or NASCAR.COM.

§ Names may not contain a phrase, sentence, or any fragment of a sentence.

§ Names may not include any telephone numbers, credit card numbers, social security numbers, street addresses, or email/instant message addresses other than your own (and NASCAR.COM strongly recommends that you not use your own either).

§ Names may not use misspellings or alternative spellings of names that violate any of the rules above.

C. User Content. You shall not upload, post or otherwise make available on NASCAR.COM any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, intellectual property or proprietary rights, or any other harm resulting from such a submission.

D. User Rules of Conduct. Without limiting any other term listed, if you submit any User Content (including, but not limited to, any screen name) or participate in an Interactive Area within or in connection with NASCAR.COM, you agree to abide by the following Rules of Conduct:

§ You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way the rights of others, including any statements that may defame, harass, stalk or threaten others.

§ You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

§ You agree not to upload, post or otherwise transmit any material that contains or advocates profane or obscene material as determined in NDM’s discretion.

§ You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability.

§ You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them.

§ You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area.

§ You agree not to impersonate any person or entity, including, but not limited to, any NASCAR, NDM, NASCAR.COM, racing teams, racing or NASCAR.COM sponsors, employee or associated persons, or falsely state or otherwise misrepresent your affiliation with any person or entity.

§ You agree not to interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about NASCAR.COM Users or posting private information about a third party.

§ You agree not to upload, post or otherwise transmit any User Content, software or other materials that contain a virus or other harmful or disruptive component.

§ You agree not to interfere with or disrupt NASCAR.COM or the servers or networks connected to NASCAR.COM, or disobey any requirements, procedures, policies or regulations of networks connected to NASCAR.COM.

§ You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

§ You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of NASCAR.COM, use of NASCAR.COM, or access to NASCAR.COM.

Any conduct that NDM determines, in NDM’s sole discretion, restricts or inhibits anyone else from using or enjoying NASCAR.COM will not be permitted. NDM reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. NDM is not responsible for User Content submitted to NASCAR.COM or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of NASCAR.COM.

E. Monitoring. NDM reserves the right, but has no obligation, to monitor the User Content and/or any other Materials posted in the Interactive Areas or any other areas of NASCAR.COM, including chat rooms, comments, newsfeeds and forums. NDM shall have the right in its sole discretion to remove or edit any User Content that violates or is alleged to violate any applicable law or the spirit of these Terms of Use. Notwithstanding this right of NDM, YOU REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT AND OTHER MATERIALS YOU POST IN THE INTERACTIVE AREAS AND/OR OTHER AREAS OF NASCAR.COM AND/OR IN YOUR PRIVATE MESSAGES. In no event shall any NDM Party assume or have any liability or responsibility for any User Content or other User-submitted Materials or for any claims, damages or losses resulting from destruction, display, misuse or other use of such User Content or Materials.

F. Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you now declare that: (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by NDM, NASCAR, or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release the NDM Parties and their respective licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

G. Spamming is not allowed. NDM reserves the right to restrict the number of emails and/or other messages that a Member may send to other Members in any twenty-four hour period via NASCAR.COM features. If you breach these Terms of Use by sending unsolicited bulk email, comments, instant messages or other unsolicited communications of any kind through NASCAR.COM, you acknowledge that you will have caused substantial harm to NDM, but that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and without limiting any other rights or remedies available to NDM (whether at law, in equity or otherwise) you agree to pay NDM fifty dollars ($50) for each such unsolicited email or other unsolicited communication you send through NASCAR.COM features.

H. No Obligation. User Content submitted by you will be considered non-confidential and NDM is under no obligation to treat such User Content as proprietary information except pursuant to the NASCAR.COM Privacy Policy. Without limiting the foregoing, NDM reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. NDM is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to NDM. NDM shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

Advertisements and Promotions.

NDM may run advertisements and promotions from third parties on NASCAR.COM. Your business dealings or correspondence with, or participation in promotions of, advertisers other than NDM, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. NDM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on NASCAR.COM.

NDM may offer you opportunities to vote in connection with certain events and to participate in contests, sweepstakes or other promotions. By participating in any such event, you signify your agreement to all special terms set forth on or in connection to the event as well as the terms of this Agreement.

Disclaimer of Warranty; Limitation of Liability.

A. YOU EXPRESSLY AGREE THAT YOUR USE OF NASCAR.COM IS AT YOUR SOLE RISK. NEITHER THE NDM PARTIES NOR ANY OF THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS OR LICENSORS WARRANT THAT NASCAR.COM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF NASCAR.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED BY OR THROUGH NASCAR.COM.

B. NASCAR.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

C. USER SPECIFICALLY ACKNOWLEDGES THAT THE NDM PARTIES AND THEIR RESPECTIVE THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS SHALL NOT IN ANY EVENT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL ANY NDM PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCAR.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF NASCAR.COM OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF NASCAR.COM, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON NASCAR.COM. USER NOW ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT AND FEATURES COMPRISING NASCAR.COM. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE NDM PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCAR.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT ANY NDM PARTY, OR ITS PRESENT OR FUTURE PARENTS OR AFFILIATED COMPANIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NASCAR.COM, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY CONTENT PROVIDERS, VENDORS AND LICENSORS ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF NASCAR.COM OR ANY OTHER THIRD PARTIES.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

E. UNLESS AND EXCEPT AS OTHERWISE SPECIFICALLY STATED WITHIN NASCAR.COM, AWARDS, SUCH AS BADGES, AND SIMILAR ITEMS PROVIDED BY NASCAR.COM, ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY AND DO NOT HAVE MONETARY OR SIMILAR VALUE.

Indemnification.

You shall defend, indemnify and hold harmless the NDM Parties and their respective directors, officers, shareholders, members, employees, agents, third-party content providers, vendors and licensors from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of the use of NASCAR.COM by You, and/or arising out of use of Your Account (whether or not by You), and/or arising out of Your other acts or omissions. NDM reserves the right to take over the exclusive defense of any claim for which the NDM Parties entitled to indemnification under this Section. In such event, you shall provide NDM with such cooperation as is reasonably requested by NDM.

Termination.

NDM may change, suspend or discontinue any aspect of NASCAR.COM at any time, including the availability of any feature, database, or content. NDM may also impose limits on certain features and services or restrict your access to parts or all of NASCAR.COM without notice or liability at any time in NDM's sole discretion, without prejudice to any legal or equitable remedies available to NDM, for any reason or purpose, including, but not limited to, conduct that NDM believes violates these Terms of Use or other policies or guidelines posted on NASCAR.COM or conduct that NDM believes is harmful to other customers, to NDM's business, or to other information providers. Upon any termination of these Terms of Use, you shall immediately discontinue your use and access of NASCAR.COM and destroy all materials obtained from it. The provisions reasonably necessary to effectuate the intent hereof post termination shall survive.

Governing Law.

The content, data, video, and all other material and features on NASCAR.COM are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.

Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of NASCAR.COM, and/or the provision of content, services, and/or technology on or through NASCAR.COM shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Florida applicable to contracts made, entered into and performed entirely in it, without giving effect to its conflict of laws provisions, and the courts in the State of Florida shall be the exclusive forum for any disputes.

Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY -- IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you will not sue NDM Parties and NASCAR (individually and collectively, “Nascar Entities”) as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any class, consolidated, or representative proceeding (existing or future) brought by any third-party against Nascar Entities. Nothing in this section, however, limits your rights to bring a lawsuit as an individual plaintiff.

If any court determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the disputes, claims or controversies must be litigated in federal court located in Volusia County, Florida.

The terms of this provision will also apply to any claims asserted by you against any past, present or future parent or affiliated company of Nascar Entities, person or entity for whose actions Nascar Entities could be liable, or any person or entity involved in creating, producing or distributing NASCAR.COM, including, without limitation, third-party content providers, vendors and licensors, to the extent that any such claims arise out of your access to, and/or use of NASCAR.COM, and/or the provision of content, services, and/or technology on or through NASCAR.COM.

Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff in court.

Miscellaneous.

These Terms of Use, including the Privacy Policy, and any operating rules for NASCAR.COM established by NDM, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Use are for the benefit of the NDM Parties, present or future parent or affiliated companies of NDM, and any person or entity involved in creating, producing or distributing NASCAR.COM, including, without limitation, third-party content providers, vendors and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. If you access NASCAR.COM, including its Interactive Areas, from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms of Use will remain binding upon the parties. The section headings used in this text are for convenience only and shall not be given any legal import.

Neither NDM nor you shall be liable for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Notice of Infringement of Copyright.

NDM respects the rights of all copyright holders and in this regard, NDM has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NDM's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; B. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; D. Information reasonably sufficient to permit us to contact the complaining party; E. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact:

Interpretation

For purposes of this Agreement, (a) the words "include," "includes" and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive (e.g., for a list of two alternatives, "or" means either of those alternatives or both alternatives); (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa.

NASCAR Digital Media, LLC

One Daytona Boulevard

Daytona Beach, Florida

Email: NDMcopyrightagent@nascar.com

For web posting, reprint, transcript or licensing requests for NDM or NASCAR material, please contact licensing@nascar.com.

For any questions or requests other than copyright issues or licensing requests, please contact sitefeedback@nascar.com.