Energy Drink Contract

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					TO: All Race Teams Participating at National Events
DATE: May 7, 2008
RE: Effect of NHRA Full Throttle Drag Racing Series Announcement

In light of the announcement of the entitlement of the NHRA Full Throttle Drag Racing Series for 2009 and beyond,
the following is an outline of draft provisions that will be finalized in the Rulebook:

                2008                                    2009                                   2010

  No Gatorade or other                   Gatorade and other                      Gatorade and other
  isotonic/sports drink sponsors;        isotonic/sports drink sponsors          isotonic/sports drink sponsors
  no Energy Sponsors unless they         are allowed, but only for pro           allowed at any level of team
  were existing as of April 24,          classes, and only at primary            sponsorship.
  2008, and fall under                   sponsor level – at least 20 races
  “Grandfather Clause”                   for Top Fuel, Funny Car and             No Energy Sponsors unless
  (described below). “Energy             Pro Stock Car and at least 14           team falls under “Grandfather
  Sponsors” and “Energy                  races for Pro Stock Motorcycle.         Clause.”
  Sponsorships” include energy
  drinks and energy drink                No Energy Sponsors unless
  branded products (whether or           team falls under “Grandfather
  not the product is an energy           Clause.”
  drink or other beverage
  product).


Grandfather Clause
A race team sponsorship with an Energy Sponsor other than Full Throttle (or Coca-Cola’s other energy drink
brands) that existed as of April 24, 2008, shall be allowed to continue at or below the level of on-site presence that
existed at NHRA National Events prior to April 24, 2008, subject to all rules and regulations (“Grandfathered
Energy Sponsorship”). The brand itself (i.e., the brand name), the product associated with the brand (i.e., an energy
drink), and the number of products associated with the brand in the on-site presence may not change going forward
during the sponsorship, for any reason, including without limitation rebranding, line extension, product name
change, merger, acquisition, etc.; for purposes hereof, different flavors that use the same brand name shall not be
deemed to constitute different “products”, so long as the basic product formula remains the same. By way of
example and not limitation, Energy Drink X cannot be substituted for Energy Drink Y, a new beverage that is not an
“energy drink” cannot be substituted for the current energy drink product that is grandfathered, and an energy bar
cannot be substituted for an energy drink. The Grandfathered Energy Sponsorship must continue uninterrupted and
must stay with the same contracting party (e.g., the same race team owner if the contract is with the race team
owner, the same driver if the contract is with the driver) to qualify for treatment under the Grandfather Clause. If
the contract is with the race team owner and the owner retires and sells the team, the existing sponsorship can be
transferred to the new team owner. No additional teams or vehicles may be added to any Grandfathered Energy
Sponsorship. In addition, a Grandfathered Energy Sponsorship may not move between classes. On the
firesuit/uniform of a driver of a vehicle owned by a team where the Grandfathered Energy Sponsorship is the
primary sponsor of the applicable vehicle, the Full Throttle Drag Racing Series logo must appear as directed in the
Rulebook but may be presented tone-on-tone. On the firesuit/uniform of a driver of a vehicle owned by a team
where the Grandfathered Energy Sponsorship is an associate sponsor of the applicable vehicle, the Full Throttle
Drag Racing Series logo must appear as directed in the Rulebook in color. Current known Professional category
Energy Sponsors eligible to be “grandfathered” are Monster Energy Drink (Kenny Bernstein Racing); Go Fast
(David Powers – Top Fuel Dragster); Rock Star Energy Drink (Jerry Toliver – Funny Car primary sponsorship; Don
Schumacher, associate sponsorship on: 2 Top Fuel Dragsters, 3 Funny Cars and one Pro Stock Motorcycle) Vis
Viva Energy Drink (Tuttle Motorsports – Top Fuel primary sponsorship); Vegas Fuel Energy Drink (Max Naylor –
Pro Stock Car – primary sponsorship); Loud Energy drink (John Nobile – Pro Stock Car primary sponsorship). The
purpose of this Grandfather Clause is to aid race teams’ ability to retain existing sponsorships, thus, the only
intended beneficiaries of this Grandfather Clause are the race teams with a Grandfathered Energy Sponsorship. The
Grandfathered Energy Sponsorship entities are not intended beneficiaries of this provision.

Any participant that wishes to apply for eligibility under the Grandfather Clause must fill out the attached form and
submit the fully completed form, notarized, with required photographs, no later than June 20, 2008.
                                                    APPLICATION FOR ELIGIBILITY
                                        UNDER GRANDFATHER CLAUSE FOR ENERGY SPONSORSHIP
                                      FOR VEHICLES PARTICIPATING AT ANY NHRA NATIONAL EVENT

           Applicant/Participant Information

           Name: _______________________________________________________________________________________

           Status (owner/driver/etc.): ______________________________________________________________________

           Energy Sponsorship

           The parties to my Energy Sponsorship contract are:
            Company Name




           The brand(s) and product(s) of my Energy Sponsorship as of April 24, 2008 were:
            Brand                                                                Product




I hereby certify and affirm that on or before April 24, 2008, I was a party          that is grandfathered, and an energy bar cannot be substituted for an
to a contract for sponsorship with an Energy Sponsor other than Full                 energy drink.
Throttle (or Coca-Cola’s other energy drink brands) (“Energy
Sponsorship”).                                                                       2. The Grandfathered Energy Sponsorship must continue uninterrupted
                                                                                     and must stay with the same contracting party (e.g., the same race team
I have attached true and correct photographs showing my Energy                       owner if the contract is with the race team owner, the same driver if the
Sponsorship on-site presence as it existed on or before April 24, 2008.              contract is with the driver) to qualify for treatment under the Grandfather
NOTE: Photos must show all 4 sides of race vehicle and any other on-                 Clause. If the contract is with the race team owner and the owner retires
site presence (e.g. transporter, pit area, hospitality area, etc.). Photos may       and sells the team, the existing sponsorship can be transferred to the new
be taken after April 24, 2008, provided you certify and affirm by signing            team owner. No additional teams or vehicles may be added to any
this form that the photos accurately show my Energy Sponsorship on-site              Grandfathered Energy Sponsorship. In addition, a Grandfathered Energy
presence as it existed on or before April 24, 2008.                                  Sponsorship may not move between classes.

I understand and agree that if this application is approved by NHRA, I               3. On the firesuit/uniform of a driver of a vehicle owned by a team where
will be allowed to continue my Energy Sponsorship at or below the level              the Grandfathered Energy Sponsorship is the primary sponsor of the
of on-site presence that existed at NHRA National Events prior to April              applicable vehicle, the Full Throttle Drag Racing Series logo must appear
24, 2008, subject to all rules and regulations (“Grandfathered Energy                as directed in the Rulebook but may be presented tone-on-tone.
Sponsorship”). Such rules include the following and I acknowledge,
understand and agree to the following (the “Grandfather Clause”):                    4. On the firesuit/uniform of a driver of a vehicle owned by a team where
                                                                                     the Grandfathered Energy Sponsor is an associate sponsor of the
1. The brand of Energy Sponsorship itself, the product associated with               applicable vehicle, the Full Throttle Drag Racing Series logo must appear
the brand, and the number of products associated with the brand in the               as directed in the Rulebook in color.
on-site presence may not change going forward during the sponsorship,
for any reason, including without limitation rebranding, product name                5. The purpose of this Grandfather Clause is to aid race teams’ ability to
change, line extension, merger, acquisition, etc.; for purposes hereof,              retain existing sponsorships, thus, the only intended beneficiaries of this
different flavors that use the same brand name shall not be deemed to                Grandfather Clause are the race teams with a Grandfathered Energy
constitute different “products”, so long as the basic product formula                Sponsorship. The Grandfathered Energy Sponsorship entities are not
remains the same. By way of example and not limitation, Energy Drink                 intended beneficiaries of this provision.
X cannot be substituted for Energy Drink Y, a new beverage that is not an
“energy drink” cannot be substituted for the current energy drink product

Printed Name: _____________________________                        Signature: ____________________________ Date: _____________


State of ______________________________                            County of ____________________________

Subscribed and sworn to (or affirmed) before me on this ______ day of __________, 20___, by ______________________________,
proved to me on the basis of satisfactory evidence to be the person who appeared before me.

Signature:_________________________________ Seal:

				
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