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To be considered as a Driver (as defined below in Section 3) you: (i) must be at least 16 years old but no older than 26 years old as of January 1, 2011; (ii) must have a valid driver's license and hold a valid passport; (iii) must not have competed in any professional racing series regardless of location (excluding as a
participant in a previous Cup as an Official Driver), (iv) must NOT hold any professional racing licenses beyond go-kart level, and (v) must never have been convicted in a court of law of, or entered a plea of guilty or no contest to, any felony or any crime involving moral turpitude, illegal drugs or driving under the influence of
drugs or alcohol.
e. Release and Waiver. All participants at the Karting Qualifier must sign a release and waiver of liability releasing VWofA, Arciero Miller Racing, LLC, its and their affiliates, and all sponsors of the Karting Qualifier, and agreeing to hold all of the foregoing harmless from any loss of any kind incurred as a result of participating
in the Karting Qualifier. In addition, if you are under the age of 18 or if you are not of legal age where you reside, a parent or legal guardian must sign, on your behalf, a parental release form that is available on driver selection day. VWoA may also require that the parent or legal guardian obtain all approvals VWoA deems necessary,
if any, from your school authorities.
f. Background Check. VWoA reserves the right to conduct background check(s) on Applicants, at VWoA's sole discretion.
2. HOW TO APPLY.
a. In order to apply, you must complete the on-line application form. All required information (including, without limitation, your first name, last name, address, valid email address, phone number, date of birth, height, and information regarding your racing experience) must be included in the on-line application form for an
application to be valid. The submission of false or misleading personal information by Applicant will be grounds for disqualification. Determination of information to be false or misleading is at the sole discretion of VWoA and Arciero Miller Racing LLC ("AMR").
b. All on-line applications (collectively, the "Application(s)") become the property of VWoA and AMR and will not be acknowledged or returned.
3. SELECTION OF DRIVERS.
a. Selection of Final Candidates. The Finalists will be chosen based on their performance at the Karting Qualifiers as determined by the VWoA Motorsport Board, at its sole discretion. Finalists may be invited to attend a multi-day driving event where up to 25 Official Drivers will be selected to participate in the Cup (the "Final
Driver Selection Event").
b. Medical. Applicant represents and warrants that Applicant has no known existing medical condition that would prohibit or hinder Applicant in racing or performing his/her obligations pursuant to these Application Rules or the Race Rules. In addition, VWoA will require all Finalists to complete and return a SCCA physical as part of the
SCCA competition licensing process.
c. Official and Reserve Drivers. Upon qualification and selection, VWoA will invite the Finalists to the Final Driver Selection Event (schedule and location TBD). The Finalists must be available for a three-day selection process. All expenses (including, without limitation, travel expenses) in connection with the Final Driver Selection
Event will be at Finalist' sole expense. At the Final Driver Selection Event VWoA will select up to 25 official drivers ("Official Drivers") and 5 reserve drivers ("Reserve Drivers") (collectively, the "Drivers") for the Cup.
i. The Official Drivers shall be defined as Drivers who meet the requirements outlined in Section 4 below, and who will compete in the Cup.
ii. The Reserve Drivers shall be defined as Drivers who will be available to take the place of an Official Driver should an Official Driver no longer be able to fulfill his or her obligations according to these Application Rules and the Race Rules, and should VWoA so request. For purposes of clarity, Reserve Drivers shall not be
required to attend any of the Cup races unless the Reserve Driver is notified that he or she has been selected as an Official Driver. Notwithstanding the previous sentence, a Reserve Driver may be asked by VWoA, at its sole discretion, to substitute for an Official Driver for only a select number of races. Reserve Drivers may, at VWoA's
sole discretion, be required to pay the $45,000 fee (or a portion thereof) should they become Official Drivers. Additional terms of the Reserve Drivers' obligations (including full payment obligations) are detailed in the Race Rules.
d. Driver Selection. From among the Finalists, The VWoA Motorsport Board will select the Drivers based on their karting scores and their performance at the Final Driver Selection Event. Specifically, the Drivers will be selected by the VWoA Motorsport Board, at its sole discretion, based upon various factors, including without
limitation the following:
i. performance in written driving skills testing and driving class(es);
ii. driving skills;
iii. media training performance; and
iv. driver fitness training performance.
e. Notification of Driver Status. VWoA will notify the Official Drivers and Reserve Drivers that they have been selected at the conclusion of the Final Driver Selection Event.
4. REQUIREMENTS OF DRIVERS. The Official Drivers will be required to abide by the Race Rules. This Section is intended to be a summary of the Race Rules. In the event of any conflict between these Application Rules and the Race Rules, the Race Rules shall apply.
a. Payment. The entry fee of $45,000 USD is to be paid in full before the Final Driver Selection Event. Should a Finalist not participate in the Final Driver Selection Event the entry fee less the Initial Deposit will be refunded. If a Finalist participates in the Final Driver Selection Event but is not selected as a Driver, the entire
entry fee of $45,000 will be refunded.
b. Release Forms. All Drivers must sign a release and waiver of liability form. The release forms of under-age drivers must be signed by their legal guardians during the selection days.
c. Availability. The Official Drivers must be available for the entire 2011 Cup Season as outlined in this Section and in the Race Rules. If an Official Driver is not available for any race(s) during the Cup Season, either (i) the Official Driver may be disqualified from the Cup Season, removed as an Official Driver, and replaced by a
Reserve Driver; OR (ii) the Official Driver may be excused from the race(s) and a Reserve Driver or another guest driver (chosen at VWoA's sole discretion) may substitute for the Official Driver on a one-time basis, all at VWoA's sole discretion.
d. Races. The 2011 Jetta TDI Cup Season (for which the Official Drivers must be available) will begin in March 2011 and end in October 2011. Full race schedule and details will be posted online at www.volkswagenjettacup.com when finalized. The season start and ending dates, as well as all Race dates and the number of Races, are subject
to change.
e. Preparation. In addition to competing in the Races, Official Drivers must:
i. Participate in a practice drive and qualifying prior to each Race, to take place the day of or the day before each respective Race. The schedule for the respective practice drives, qualifying races and the Races is subject to change at VWoA's sole discretion;
ii. Attend a classroom driving preparation session before each Race at the Race location; and
iii. Attend a classroom driving session after each Race at the Race location.
f. Costs/Expenses. VWoA will provide: (i) one driving suit and a head and neck restraint device for each Official Driver; (ii) one vehicle per race weekend for each Official Driver; and (iii) food and beverage at each Race for the Official Driver and his or her two guests. Official Drivers are responsible for cleaning, maintaining and
making the driving suit presentable (to be determined by VWoA at its sole discretion), and for maintenance of the vehicle provided. Official Drivers are responsible for all other costs and expenses associated with the Races, including, without limitation, accommodations, transportation to and from Races, food and beverage outside of the
Race location and helmets.
g. Personal Appearances. By becoming an Official Driver, you agree to be available for a reasonable number of personal appearances, interviews and other press-related events, to take place on dates and times and locations to be determined by VWoA at its sole discretion, subject to your prior bona fide professional commitments.
5. MINORS.
a. Parent / Guardian Requirement. Each Official Driver will be given two free guest passes to each Race. If you are under 18 and selected as an Official Driver, at least one of the guest passes must be used by your parent or legal guardian, who must accompany you to the Race and throughout all Race activities (excluding any actual
driving).
b. Schooling. If you are selected as an Official Driver, are under the age of 18 and have not completed high school (or a high-school equivalent) during the Cup Season, you agree that you will be and remain enrolled as a full-time high school student during the Cup Season. VWoA reserves the right to verify that you are indeed enrolled
as a full-time high school student.
6. SPONSORSHIP. Official Drivers will be permitted to obtain up to 8 sponsors for their participation in the Cup, provided that each sponsor is pre-approved by SCCA [Sports Car Club of America]. Any time following notification that you are an Official Driver, you may submit to SCCA information regarding your potential sponsorship
(including, without limitation, (a) potential sponsor's name, address, contact information; (b) amount of potential sponsorship; (c) logos, trademarks, names, insignias or other material potential sponsor intends for display in connection with sponsorship; and (d) the proposed placement of any potential sponsorship materials (e.g., on
right shoulder of racing uniform, on front hood or fender, etc.). SCCA will respond to your sponsorship request within approximately ten days receipt thereof. SCCA will make decisions on sponsorship requests at its sole discretion, and all SCCA decisions regarding sponsorships are binding and final. Official Drivers shall make no
commitment to any potential sponsors (and any such commitment shall be null and void) prior to receiving written confirmation from SCCA that the potential sponsorship has been approved. Any and all sponsorships obtained by Official Drivers shall be non-exclusive sponsorships. In addition, SCCA will not permit any business(es),
manufacturer(s) or individual(s) to sponsor an Official Driver where such business(es), manufacturer(s) or individual(s) are engaged or otherwise involved in any the following businesses or trades: automobile manufacturing, oil, tires, gasoline/diesel, sunglasses and alcoholic beverages.
7. DISQUALIFICATION. APPLICANT'S SELECTION AS A DRIVER IS CONDITIONAL UPON COMPLIANCE BY THE DRIVER SELECTED WITH THESE APPLICATION RULES AND THE ADDITIONAL TERMS OF THE RACE RULES. IF THE DRIVER SELECTED: (1) FAILS TO COMPLY WITH THE AFOREMENTIONED; (2) FAILS TO EXECUTE, AT VWoA'S REQUEST, ANY ADDITIONAL DOCUMENTS THAT VWoA REQUESTS;
OR (3) BECOMES THE SUBJECT OF PUBLIC DISREPUTE OR SCANDAL THAT AFFECTS DRIVER'S IMAGE (INCLUDING, WITHOUT LIMITATION, IF THE DRIVER IS CHARGED WITH ANY CRIME) OR IS INVOLVED IN ANY ACTION THAT IN VWoA'S SOLE DISCRETION WOULD RESULT IN NEGATIVE PUBLICITY OR HARM TO THE REPUTATION OF VWoA, SUCH PERSON MAY BE DISQUALIFIED IN VWoA'S SOLE
DISCRETION AND A NEW DRIVER MAY BE CHOSEN. IN ADDITION TO ALL OTHER RIGHTS OR REMEDIES THAT VWoA MAY HAVE AT LAW OR EQUITY, VWoA MAY, IN ITS SOLE DISCRETION, IMMEDIATELY TERMINATE ANY AND ALL AGREEMENTS WITH THE DRIVER AND THE OFFICIAL DRIVER WILL HAVE NO RIGHT TO RECOVER ANY PORTION OF THE $45,000 ENTRY FEE.
8. CONDITIONS. By applying, each Applicant: (i) agrees to be bound by these Application Rules, the Race Rules and any other documents VWoA or AMR requires Applicants to sign; (ii) agrees to release and forever discharge VWoA, AMR, and its and their parent, affiliates, subsidiaries and advertising and promotion agencies and the
respective officers, directors, agents, employees and representatives of such parties (collectively, the "Released Parties") from and against any and all liability and claims with respect to or in any way arising from the Cup and participation in the Cup, including without limitation, any liability for economic injury,
personal injury, property damage, loss or any other harm; (iii) agrees to defend, indemnify and hold the Released Parties harmless from any or against any and all liability and claims with respect to or arising from Applicants' acts or omissions in connection with participation in the Cup; (iv) consents to the use of his or her name,
address (city and state), biographical information, Application and any information set forth in the Application or any other document or material provided by the Applicant, performance, image, photograph, likeness, and voice for advertising, promotion or publicity or any other lawful purpose in any and all media now or hereafter
invented throughout the world in perpetuity without additional compensation or permission, unless prohibited by law; (v) agrees that the laws of the state of Michigan shall govern the Cup and the Application Rules, and that any dispute with respect to the Cup shall be resolved as set forth below in these Application Rules or the Race
Rules; (vi) waives all rights to claim or collect punitive, incidental, consequential, or any other damages; (v) agrees that all causes of action arising out of or connected with the Cup shall be resolved individually without resort to any form of class action; and (vii) agrees that any and all claims, judgments, and awards shall be
limited to actual out of pocket costs incurred, excluding attorneys' fees.
9. GENERAL.
a. VWoA is not responsible for any typographical or other errors in the printing, offering or description of the Cup or these Application Rules. VWoA is not responsible for lost, late, stolen, misdirected, mutilated or illegible applications or checks nor for electronic transmission errors resulting in omission, interruption, deletion,
defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of on-line applications or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive application
information by VWoA on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason, including infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes, the administration, security, fairness, integrity
or proper conduct of the Cup or applications process is corrupted or affected, VWoA reserves the right at its sole discretion to cancel, terminate, modify or suspend the Cup. In addition, if for any reason, in its sole discretion, VWoA determines that the Cup should not or cannot be run as planned, VWoA may cancel, terminate, modify or
suspend the Cup.
b. The invalidity or unenforceability of any provision of these Application Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, that determination shall not affect the remainder of these Application Rules, which
shall be construed in accordance with their terms as if they did not contain the invalid or illegal provision.
c. All decisions of VWoA and the VWoA Motorsport Board related to the Cup are final and binding. The Cup is void where prohibited or restricted by law. Any attempt by an Applicant to deliberately damage any website or undermine the legitimate operation of the Cup or application process is a violation of criminal and civil laws and
should such an attempt by made, VWoA reserves the right to seek damages from any such Applicant to the fullest extent of the law.
10. DISCLAIMER. You acknowledge that there are numerous factors beyond the control of VWoA and AMR that will have an impact on the Driver Selection Karting Qualifiers. The Karting Qualifier is an indoor/outdoor event and the weather during the event will have a direct impact on whether the event in whole or in part will be held as
scheduled. Other factors unrelated to weather could affect whether the event will be carried out as scheduled. Further, the date and place of the event is subject to change. If the Karting Qualifier date or place is changed, you will be provided with as much advance notice as is practical under the circumstances. VWoA and AMR expressly
disclaim any representation or warranty that the event will be held as scheduled, or at all.
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