If You Please We Are Legalese

Steve O’Donnell’s Affidavit
　
This is from an affidavit by Steve O’Donnell, NA$CAR’s Vice President for Racing Operations, that was filed on June 25, 2009. Please note Paragraph 5. I know I’ve stated this before in various articles but now I wanted to prove it once and for all to any doubters that might remain. I underlined the key phrase in paragraph 5.

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No. XXXX-XX-XXXXX-XXX
AFFIDAVIT OF STEVE O'DONNELL

I, Steve O'Donnell, being first duly sworn, depose and state as follows:

1. I am a Florida resident, over the age of eighteen, under no disability and competent to testify to the facts set forth herein. I am authorized to give this affidavit on behalf of National Association for Stock Car Auto Racing, Inc. (''NASCAR").

2. I am fully familiar with the facts stated in this affidavit, and where opinions are expressed, I am competent to state such opinions based on my training, knowledge, experience and expertise. If sworn as a witness, I am competent to testify to the contents of this affidavit.

3. I am Vice President of Racing Operations for NASCAR.

4. NASCAR was organized in 1948 as a sanctioning body by Brian France's grandfather, "Big Bill," to establish a common set of rules for stock car races, and to ensure that prize money was actually given to drivers and teams rather than squandered by race promoters. For nearly sixty years NASCAR has grown its organization through business acumen, foresight, and sacrifice. Today, with an estimated 75 million fans, NASCAR is the second most watched sport on television, and sanctions seventeen of the twenty highest attended sporting events in the United States. Since 1948, NASCAR has supplemented its rules and policies to account for the safety of all its participants.

5. NASCAR has taken particular care to ensure that spectators at NASCAR events are provided with family-friendly sports entertainment that is both exciting and safe.

As you can see, there are several things whose truth is definitely questionable starting in paragraph 4 with the 75 million fans. That one really jumps out. If there are 75 million fans, how come there’s never been a viewing audience higher than 38 million in the last 10 years? Why are souvenir sales down the toilet? Why are there so many empty seats in the grandstands? Also that “NASCAR has grown its organization through business acumen, foresight, and sacrifice”. If the business acumen and foresight were true, how come the grandstands are so empty, ratings down so far, and so many teams have closed their doors since 2003? Why have so many sponsors left the “sport”? Why have the networks and at least one major sponsor looked at ways to get out of their contracts?

And as to sacrifice, we know NA$CAR hasn’t made many sacrifices. The fans have made sacrifices in terms of time, money, vacations, travel, and seeing the history being re-written, revised, and made PC and historic tracks which provided thrilling racing for generations shut down. Fans have sacrificed their dignity by being lied to and having their intelligence insulted by NA$CAR, its leadership, and the NA$CAR controlled media. As to being safe for the fans, just ask the fans at Talladega who were injured just how safe NA$CAR is. And if the races are so “exciting, why are so many fans complaining about how boring the races are?
　
About the only sacrifices being made by NA$CAR is having to drink well-brand instead of brand name “sodas”.

Here’s how the WWE is defined:

World Wrestling Federation Entertainment, Inc.

(NYSE: WWE) is a publicly traded, privately controlled sports entertainment company dealing primarily in professional wrestling, with major revenue sources also coming from film, music, product licensing, and direct product sales.

The WWE is a sports entertainment company. NA$CAR provides family oriented sports entertainment. Hello? No wonder there are so many conspiracy theories abounding as to races being fixed, why only certain drivers can win, and why Ms Terry DeBris cautions come out to “assist” certain drivers in keeping from getting lapped, give them a lap back, or to keep them in the lead, or to give them a win.
　
　
Section 13

In the article I wrote regarding the Exclusivity, it referred to Section 13 in regards to category in the Telecommunications, Tire, and Fuel Categories. Below is Section 13.
　
　
13. DEFINITION OF “CATEGORY”. For purposes of this Agreement, “Category” refers, collectively, to the Telecommunications Category, Fuel Category, and Tire Category defined below.
　
(a) “Telecommunications Category” means wire line and wireless person-to- person and data to person communication services, including local and long distance services, wireless services, and two-way radio services (collectively “Services”) and hardware defined as wireless equipment required or utilized for the use of wireless Services (e.g., wireless phones, commercial grade two-way radios, handheld units for the wireless receipt and/or transmission of data, pagers (e.g., Blackberry, Palm, etc.) and accessories related to such equipment (e.g., face plates, belt clips, headsets, ring tones, wall paper, etc.) Notwithstanding the foregoing, NASCAR, in its sole discretion, may allow any and all existing souvenir product licensing relationships in the Telecommunications Category (e.g., cell phone covers, holders, etc.) to continue through the current term of their agreement.
　
(b) “Fuel Category” means combustion-based fuel and fuel blends for automotive vehicles including hydrocarbon-based, diesel, bio-diesel, ethanol, or alternative fuels and fuel blends.
　
( c) “Tire Category” means tires for vehicles including, but not limited to, passenger cars, vans, sport utility vehicles (SUV’s), light trucks, commercial trucks, trailers, motorcycles, aircraft, mopeds, scooters, and recreational vehicles (RV’s), including racing tires for any such vehicles listed herein.
　Basically, in the “Telecommunications Category”, unless it’s a telecommunications product of the Cup Series sponsor or a licensed NA$CAR product, it’s prohibited. And if you read between the lines, that means that web servers like AOL, EarthLink, and others are prohibited. As to the fuel category, about the only thing allowed in the “Fuel Category” is wind, solar, coal, nuclear, water, wood, and people powered “fuels” or motor oils. In the “Tire Category”, I guess bicycle tires, tank treads, and skateboard wheels are exempt. Other than that, you won’t be seeing Hoosier, Michelin, Bridgestone, Firestone, Yokohama, Kumho, Dunlop, Cooper, Toyo, Pirelli, BF Goodrich, or any other brand of tire being advertised on any race vehicle, team uniform, or hauler.

Exclusivity Agreement

In the past, I’ve written about how the exclusivity deals have kept the teams from getting certain sponsors like telecommunications companies, gasoline companies, and tire companies as sponsors. What I have done is to include a copy from 2009 owner’s document that I found on-line which spells out the exclusivity deals. You’ll notice that even though there is nothing about manufacturers of telecommunications devices in the exclusivity agreement, companies like Motorola, LG, Apple, Blackberry, you have to go to Section 13 to find out just what all is prohibited as far as a telecommunications device. Basically, even a cheap $5 walkie-talkie is prohibited.

And who makes the final determination on whether or not a product doesn’t meet the exclusivity agreement? Well, it’s supposedly NA$CAR but as we saw a couple of years back when Robby Gordon ran Motorola as a sponsor on his car, the Cup Series sponsor raised heck about it and Robby was restricted solely to running the company logo and not any graphics of Motorola’s actual products which range from cell phones to military communications equipment.

And remember what happened to RCR and Mr. Happy when Shell came on board as a sponsor? Once again, it was supposedly NA$CAR who had them change the size of the decals on the car but we know better than that. It was the official fuel provider who caused the actual changes with NA$CAR acting as the hatchet man.

This is a bit long, so my apologies for that, but it is what was on a 2009 Team Owner's Contract. So go ahead and read why the teams are so restricted on finding sponsors.

　
(a} Sprint Exclusivity. I agree that, in addition to the advertising and promotional rights granted in Section 2, when participating in any way in any 2009 NASCAR Sprint Cup Series Event or any advertising and promotion using my name, likeness, or based on my participation in the NASCAR Sprint Cup Series unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo. trademark. or service identification of a company in the Telecommunications Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me. the team, or any employee or affiliate thereof, including, but not limited to, on the driver's or crew member’ NASCAR Sprint Cup Series uniforms, or the car owner's NASCAR Sprint Cup Series racing car, as well as the team's equipment, and/or haulers.

I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark. or service identification of a company in the Telecommunications Category, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers. I understand and agree that all determinations of whether a company is in the Telecommunications Category shall be made by NASCAR at its sole discretion and are final and non-litigable.Sprint Exclusivity.

I agree that, in addition to the advertising and promotional rights granted in Section 2, when participating in any way in any 2009 NASCAR Sprint Cup Series Event or any advertising and promotion using my name, likeness, or based on my participation in the NASCAR Sprint Cup Series unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo. trademark. or service identification of a company in the Telecommunications Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me. the team, or any employee or affiliate thereof, including, but not limited to, on the driver's or crew member’ NASCAR Sprint Cup Series uniforms, or the car owner's NASCAR Sprint Cup Series racing car, as well as the team's equipment, and/or haulers. I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark. or service identification of a company in the Telecommunications Category, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Telecommunications Category shall be made by NASCAR at its sole discretion and are final and non-litigable.

(b} Goodyear Exclusivity. I agree that when participating in any way in any 2009 NASCAR Sprint Cup Series Event, unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo, trademark, or service identification of a company in the Tire Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me, the team, or any employee or affiliate thereof during the Event, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers.Goodyear Exclusivity.

I agree that when participating in any way in any 2009 NASCAR Sprint Cup Series Event, unless otherwise expressly authorized in writing by NASCAR, no product, brand, logo, trademark, or service identification of a company in the Tire Category (as defined in Section 13 below) and as determined in NASCAR's sole discretion, will be used or displayed anywhere by me, the team, or any employee or affiliate thereof during the Event, including, but not limited to, on the driver's or crew members' uniforms, or the car owner's racing car, the team's equipment, and/or haulers.

I agree that no team member, including, but not limited to, the driver and car owner, may advertise or promote a product, brand, logo, trademark. or service identification of a company in the Tire Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes a NASCAR racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR or NASCAR-style racing vehicle.

I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark or since identification of a company in the Tire Category by me, the team, or any employee or any affiliate thereof during the Event, including, but not limited to the driver's or crew members' uniforms, or the car owner's racing car. the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Tire Category shall be made by NASCAR in its sole discretion and are final and non-litigable. Notwithstanding the foregoing, actual use of tires other than Goodyear on team equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a breach of the terms of this Agreement.no team member, including, but not limited to, the driver and ear owner, may advertise or promote a product, brand, logo, trademark. or service identification of a company in the Tire Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes a NASCAR racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR or NASCAR-style racing vehicle.

I understand and agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark or since identification of a company in the Tire Category by me, the team, or any employee or any affiliate thereof during the Event, including, but not limited to the driver's or crew members' uniforms, or the car owner's racing car. the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Tire Category shall be made by NASCAR in its sole discretion and are final and non-litigable. Notwithstanding the foregoing, actual use of tires other than Goodyear on team equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a breach of the terms of this Agreement.agree that NASCAR may, in its sole discretion, refuse to permit or limit the use or display of a product, brand, logo, trademark or since identification of a company in the Tire Category by me, the team, or any employee or any affiliate thereof during the Event, including, but not limited to the driver's or crew members' uniforms, or the car owner's racing car. the team's equipment, and/or haulers.

I understand and agree that all determinations of whether a company is in the Tire Category shall be made by NASCAR in its sole discretion and are final and non-litigable. Notwithstanding the foregoing, actual use of tires other than Goodyear on team equipment other than the racing car (e.g., pit carts and haulers) shall not be considered a breach of the terms of this Agreement.


(c) Sunoco Exclusivity. I also agree that no company in the Fuel Category (as defined in Section 13 below) shall be permitted to sponsor a car, driver, or team for any product in the Fuel Category. Notwithstanding the foregoing, a company in the Fuel Category may also manufacture lubricants (i.e., motor oil, etc.) and products other than automotive fuel (collectively "Non-Fuel Products"). Companies in the Fuel Category may sponsor a car, driver, or team for any Non-Fuel product provided that the team's racing car must primarily feature the product, brand. logo, trademark or service identification of the Non-Fuel Product. Specifically, any and all Non-Fuel Product branding must appear in a visually dominant manner comprising at least 2/3 of such lnnding on the racing car in conjunction with any corporate fuel company name comprising no more than 1/3 of such branding on the racing car. These branding ratios also apply to the driver's and crew members' uniforms, the car owner's racing car, the team's equipment, and/or hauler and any other at-track branding.

I agree that no team member, including, but not limited to, the driver and owner, may advertise or promote a product, brand, logo, trademark or service identification of a company in the Fuel Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes any NASCAR Series branded racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR branded or NASCAR-style racing vehicle. I understand and agree that all determinations of whether a company is in Fuel Category or the branding ratios comply with this provision, shall be made by NASCAR in its sole discretion and are final and non-litigable.

I also agree that no company in the Fuel Category (as defined in Section 13 below) shall be permitted to sponsor a car, driver, or team for any product in the Fuel Category. Notwithstanding the foregoing, a company in the Fuel Category may also manufacture lubricants (i.e., motor oil, etc.) and products other than automotive fuel (collectively "Non-Fuel Products"). Companies in the Fuel Category may sponsor a car, driver, or team for any Non-Fuel product provided that the team's racing car must primarily feature the product, brand. logo, trademark or service identification of the Non-Fuel Product. Specifically, any and all Non-Fuel Product branding must appear in a visually dominant manner comprising at least 2/3 of such lnnding on the racing car in conjunction with any corporate fuel company name comprising no more than 1/3 of such branding on the racing car. These branding ratios also apply to the driver's and crew members' uniforms, the car owner's racing car, the team's equipment, and/or hauler and any other at-track branding.

I agree that no team member, including, but not limited to, the driver and owner, may advertise or promote a product, brand, logo, trademark or service identification of a company in the Fuel Category, whether in conjunction with a NASCAR Sprint Cup Series Event or not, if said advertising or promotion includes any NASCAR Series branded racing (e.g., driver, crew member) suit, whether worn by the team member or not, and/or a NASCAR branded or NASCAR-style racing vehicle.

I understand and agree that all determinations of whether a company is in Fuel Category or the branding ratios comply with this provision, shall be made by NASCAR in its sole discretion and are final and non-litigable.