Ride with Dale Jr. - 2019 Official Raffle Rules

OVERVIEW; ELIGIBILITY: The ‘Ride with Dale Jr.’ raffle to benefit The Dale Jr Foundation is offered only in the United States and is open only to legal residents of the United States 18 years of age or older at the time of entry, except as excluded below. The raffle begins at 12:00:00 A.M. EST on April 1, 2019 and ends at 11:59:59 P.M. EST on June 1, 2019. The raffle, including all tickets, transactions, entrants, participants, purchasers, and winners, are subject to these official rules, and to all applicable federal, state, and local laws and regulations. The raffle is void in Alabama, Hawaii, Utah, and wherever prohibited or restricted by law. Employees and affiliates (including board members, owners, officers, directors, members, managers, and agents) of Prohibited Entrants and the immediate family members (i.e., spouse, parents, children, and siblings, and their respective spouses, regardless of where they live) of Prohibited Entrants, are not eligible participate in the raffle or receive a raffle prize. For the purposes of these official rules, Prohibited Entrants shall include: The Dale Jr Foundation, DEJ Management, LLC, DEJ Holdings, LLC, Dirty Mo Media, LLC, DEJ Hospitality, LLC, JRM Licensing, LLC, DEJ Racing, LLC, JR Motorsports, LLC, General Motors LLC, any accounting firm that provides services for The Dale Jr Foundation, and any of their respective affiliated entities.

HOW TO ENTER; ODDS OF WINNING: You can enter the raffle by purchasing a ticket for $25. All entries (whether online or mail) must be received by 11:59:59 P.M. EST on June 1, 2019. You can enter online at www.RideWithDaleJr.com, or by mail by writing your name, complete address, daytime telephone number, email address, and date of birth, and mailing in an envelope with a $25 check payable to The Dale Jr Foundation to: The Dale Jr Foundation, Attn: Ride with Dale Jr., P.O. Box 330, Mooresville, NC 28115. Raffle ticket purchases are not donations and are not tax deductible. All entries become the sole property of The Dale Jr Foundation and will not be returned. Entrants may purchase as many tickets as they wish, subject to availability. A maximum of 1,888 tickets will be sold. Odds of winning are determined by the total number of entries received, with maximum odds of 1:1,888. Each day, entries received (online and by mail) will be counted to determine if the total sold to date exceeds 1,888. All entries received the day on which 1,888 entries are received will be entered into a preliminary lottery. The first entries drawn from that group up to a total of 1,888 will be included in the final raffle. All other entries received that day (and thereafter) will be returned or refunded.

RANDOM DRAWING; WINNER NOTIFICATION; GRAND PRIZE: Entries will be certified and winner will be drawn at random by a third-party Certified Public Accountant. One Grand Prize winner will be drawn on June 17, 2019. The Dale Jr Foundation will attempt to notify the potential winner by telephone and by email, and the potential winner will have 10 days from the drawing date to provide proof of eligibility, claim, and accept the Grand Prize. If the Grand Prize remains unclaimed or unaccepted after such 10-day period, the preliminary winner will be deemed to have forfeited the Grand Prize and an alternate winner will be selected. A winner’s list may be obtained by sending a potential self-addressed envelope to the following address after September 1, 2019: The Dale Jr Foundation, Attn: Win Dale Jr’s Ride, PO Box 330, Mooresville, NC 28115. The Grand Prize includes:

• Ride for three laps with Dale Earnhardt Jr. around Darlington Raceway on August 29, 2019
  • “Meet and Greet” with Dale Earnhardt Jr., including autograph and photograph opportunity (winner may bring a guest)
  • Q&A session with Dale Earnhardt Jr. at ride along event (winner may bring a guest)
  • Food/Beverages at ride along event (winner may bring a guest)
  • A video of the ride along event
• Tour of JR Motorsports on Friday, August 30th, with catered lunch hosted by Kelley Earnhardt Miller (winner may bring a guest)
• One pair of Dale Earnhardt Jr. autographed “skeleton” design driving gloves
• Two “VIP Swag Bags” including SPY sunglasses and other items
• Two tickets to the NASCAR Hall of Fame in Charlotte, NC
• Four night stay (one room) at a hotel in the Charlotte, NC area (August 28, 2019 – August 31, 2019)
• Shuttle transportation to and from Darlington Raceway on August 29th and August 31st (winner may bring guest)
• Two tickets to the August 31, 2019 NASCAR Xfinity Series race at Darlington Raceway
  • VIP treatment by JR Motorsports staff with pit & garage tour prior to Xfinity Series race

The Dale Jr. Foundation will pay the federal income taxes related to the Grand Prize (31.58% of the fair market value of the Grand Prize). The approximate retail value of the Grand Prize is $11,694.83 ($8,888 for Grand Prize package and $2,806.83 for federal income tax). Grand Prize winner is solely responsible for all other costs incurred in claiming and participating in the Grand Prize, including, without limitation, travel costs. No prize substitution or cash equivalent of prize except at the sole discretion of The Dale Jr Foundation. No prize transfer allowed. All unspecified expenses are the respective winner’s sole responsibility. If the performance or execution of the ride along (including the appearance and performance of Dale Earnhardt Jr.) is prevented, restricted, or interfered with for any reason, including medical reasons, acts of God, inclement weather, accident, or by reason of any cause beyond The Dale Jr. Foundation’s reasonable control, then The Dale Jr. Foundation, in its sole discretion, may either (1) utilize a substitute driver for the ride along, or (2) reschedule the ride along (and will not be responsible for any additional costs (including travel costs) incurred by the Grand Prize winner due to such rescheduling). No compensation will be paid in lieu of a cancelled appearance as this portion of the prize has no cash value.

BACKGROUND CHECK: The Dale Jr. Foundation will conduct background checks on the potential winner (and the potential winner’s guest, if applicable), as a condition to receipt of the Grand Prize. The potential winners (and the potential winner’s guest, if applicable) will first be required to submit to such background check and cooperate with The Dale Jr. Foundation in any way that The Dale Jr. Foundation requests in order to be eligible to receive the Grand Prize. The Dale Jr. Foundation reserves the right, in its sole discretion, to disqualify any potential winner based on such background check if The Dale Jr. Foundation determines, in its sole discretion, that awarding the Grand Prize to such winner might reflect negatively on The Dale Jr. Foundation or the Released Parties.

PUBLICITY RIGHTS: By accepting a prize, each winner agrees to allow the Released Parties (as defined below) or their designee the perpetual right to use each winner’s name, biographical information, photos, likeness, and statements for the promotion, trade, commercial, advertising, and publicity purposes, worldwide, at any time or times, in all media now or hereafter developed, including but not limited to radio, television, the internet, without notice, review, or approval and without additional compensation, except where prohibited by law.

TAMPERING; LIMITATIONS OF LIABILITY: The Released Parties will not be responsible or liable for: (1) typographical or other inadvertent errors in these official rules or in other materials relating to the raffle, including any incorrect or inaccurate information, whether caused by entrants, tampering, hacking, printing errors, or by any of the equipment or programming associated with or utilized in the raffle; (2) unauthorized human intervention in any part of the entry process of the raffle; (3) technical or human error which may occur in the administration of the raffle or the processing of entries; (4) lost, stolen, illegible, incomplete, misdirected, late, damaged, destroyed, or delayed entries or postage due mail that may limit the entrant’s ability to participate in or win any prize; (5) the announcement of the prize winners; (6) any problems or technical malfunction of any network, computer equipment or systems, online systems, servers, ISPs, software, failure of email; (7) user cheating or fraud by any entrant; (8) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the raffle or receipt or use or misuse of any prize. If, for any reason, the raffle is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, technical failures or any other causes beyond the control of The Dale Jr Foundation which, in The Dale Jr Foundation’s sole discretion could corrupt or affect the administration, security, fairness, integrity or proper conduct of the raffle, The Dale Jr Foundation may, in its sole discretion, cancel, suspend, terminate, or modify the raffle, or any part of it, and return/refund all entries or select the winner in a random drawing comprised of all eligible entries received prior to (and/or after, if appropriate) the action taken by The Dale Jr Foundation. The Dale Jr Foundation, in its sole discretion, reserves the right to disqualify any person who makes false or deceptive entries, tampers with the entry process or the operation of the raffle, or otherwise violates these official rules. Any activities intended to disrupt or interfere with the proper play of the raffle or defraud The Dale Jr Foundation in any way may be prosecuted to the fullest extent of the law.

AGREEMENT TO OFFICIAL RULES; RELEASE; INDEMNIFICATION: By purchasing a raffle ticket, each purchaser/entrant unconditionally agrees to and accepts these official rules and the decisions of The Dale Jr Foundation, which are final and binding. Each purchaser/entrant agrees to release, indemnify, defend, and hold harmless Ralph Dale Earnhardt, Jr., The Dale Jr Foundation, DEJ Management, LLC, DEJ Holdings, LLC, General Motors LLC, and each of their respective parent, subsidiary, or affiliated companies, and each of their respective shareholders, employees, directors, officers, affiliates, representatives, agents, successors, and assigns (collectively, “Released Parties”) against any and all liability, claims, actions, losses, damages, lawsuits, costs, and expenses (including, without limitation, reasonable attorneys’ fees) of any kind whatsoever arising directly or indirectly for injuries (including death), damages, or losses to persons and property, which may be sustained in connection with the raffle, participation in the raffle, receipt or use of any prize, or while preparing for, participating in, and/or traveling to any prize-related activity. The Released Parties are not responsible for any injury or damage, whether to purchaser/entrant or any other person or to any property, related to or resulting from purchaser/entrant’s participation in the raffle, and/or acceptance of any prize or use of the prize. By participating in the raffle, purchaser/entrant expressly assumes all liability and responsibility for purchaser/entrant’s participation and agrees that participation is solely at purchaser/entrant’s own risk. The Released Parties make no warranty, guaranty, or representation of any kind concerning any prize and disclaim any implied warranty. Failure to enforce any term of these official rules shall not constitute a waiver of that provision.

APPLICABLE LAWS: The raffle and these official rules shall in all respects be governed by and be interpreted in accordance with the laws of North Carolina without regard to the conflict of law principles of any jurisdiction. All portions of the raffle will be conducted in North Carolina (including the location of the computer servers that receive and process online entries, the receiving and processing of mail entries, the drawings for the prizes, and the Grand Prize delivery). All winners will be subject to any tax withholding requirements established by the IRS. The Dale Jr Foundation will complete and file IRS form W-2G, if applicable, for each prize winner in accordance with IRS regulations for federal income tax withholding purposes (for prizes that are valued at $600 or more and at least 300 times the amount of the wager). Except as otherwise provided herein, each winner assumes all responsibility for any state, county, or federal taxes, fees, or withholdings. Each winner is advised to consult his/her own tax advisor with respect to the liabilities that may arise from winning a prize in the raffle.

DISPUTE RESOLUTION: Each purchaser/entrant agrees that any and all disputes, claims, controversies, or causes of action arising out of or relating to this raffle or any prize awarded (“Claims”) shall be (1) arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party, and (2) settled by binding arbitration in Charlotte, North Carolina before a single arbitrator appointed by the American Arbitration Association in accordance with its then governing rules and procedures, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof; and under no circumstances will a purchaser/entrant be permitted to obtain awards for, and each purchaser/entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses (including costs associated with entering this raffle, but in no event attorney’s fees). Each purchaser/entrant’s sole and exclusive remedy for any claim against the Released Parties arising out of the sale of a raffle ticket or the conduct of a Released Party shall be limited to the return of the purchase price paid for the purchaser/entrant’s raffle ticket(s). In no event shall a Released Party be liable to any party or purchaser/entrant for any loss or injury to earnings, profits, or goodwill, or for any incidental, special, punitive, or consequential damages of any person or entity whether arising in contract, tort, or otherwise, even if advised of the possibility of such damages.

QUESTIONS: If you have any questions or concerns, please contact The Dale Jr Foundation at tdjf@dalejr.com.

THE DALE JR FOUNDATION REGISTRATION INFORMATION: The Dale Jr Foundation is a registered 501(c)3 charitable organization existing under the laws of North Carolina. A copy of the latest Financial Report and Registration filed by this organization may be obtained by contacting: The Dale Jr Foundation, PO Box 330, Mooresville, NC 28115, or by contacting any of the state agencies. In addition, residents of the following states may obtain financial and/or licensing information from their states, as indicated. Registration with these states, or any other state, does not imply endorsement by the state. · Florida: A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE 1-800-HELP-FLA (1-800-435-7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. 20-8353637. · Georgia: A full and fair description of the charitable program for which this solicitation campaign is being carried out, and a full and fair description of the programs and activities of this organization, will be sent upon request. A financial statement or summary, consistent with the financial statement required to be filed with the Secretary of State pursuant to Georgia Code § 43-17-5, will be sent upon request. · Maryland: A copy of the current financial statement of The Dale Jr Foundation is available by writing The Dale Jr Foundation PO Box 330, Mooresville, NC 28115, or by calling 704-799-4800. Documents and information submitted under the Maryland Solicitations Act are also available, for the cost of postage and copies, from the Maryland Secretary of State, State House, Annapolis, MD 21401, (410) 974-5534. · Mississippi: The official registration and financial information of The Dale Jr Foundation may be obtained from the Mississippi Secretary of State’s office by calling 800-236-6167. Registration by the Secretary of State does not imply endorsement by the Secretary of State. · New Jersey: INFORMATION FILED WITH THE ATTORNEY GENERAL CONCERNING THIS CHARITABLE SOLICITATION AND THE PERCENTAGE OF CONTRIBUTIONS RECEIVED BY THE CHARITY DURING THE LAST REPORTING PERIOD THAT WERE DEDICATED TO THE CHARITABLE PURPOSE MAY BE OBTAINED FROM THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY BY CALLING 973-504-6215 AND IS AVAILABLE ON THE INTERNET AT http://www.state.nj.us/lps/ca/charfrm.htm. REGISTRATION WITH THE ATTORNEY GENERAL DOES NOT IMPLY ENDORSEMENT. · New York: A copy of the most recent annual report is available from the Office of the Attorney General at New York State Department of Law, Charities Bureau, 120 Broadway—3^rd Floor, New York, New York 10271, 212-416-8401. · North Carolina: Financial information about this organization and a copy of its license are available from the State Solicitation Licensing Branch at 919-807-2214. The license is not an endorsement by the State. · Pennsylvania: The official registration and financial information of The Dale Jr Foundation may be obtained from the Pennsylvania Department of State by calling toll-free, within Pennsylvania, 800-732-0999. Registration does not imply endorsement. · Virginia: A copy of the financial statement is available from the State Office of Consumer Affairs, Department of Agricultural and Consumer Services, P.O. Box 1163, Richmond, VA 23218, or by calling 800-552-9963 or 804-786-2042. · Washington: The Dale Jr Foundation is registered with the Washington State Charities Program as required by law and information may be obtained by calling 800-332-4483 or 360-725-0378. · West Virginia: West Virginia residents may obtain a summary of the registration and financial documents from the Secretary of State, State Capitol, Charleston, West Virginia 25305. Registration does not imply endorsement. · Wisconsin: A financial statement of this charitable organization disclosing assets, liabilities, fund balances, revenue and expenses for the preceding fiscal year will be provided upon request.