2009 Scca Pro Racing Volkswagen Jetta Tdi Cup (The “Cup”) Application Rules and Requirements (“Application Rules”)

2009 SCCA PRO RACING VOLKSWAGEN JETTA TDI CUP (THE “CUP”) APPLICATION RULES AND REQUIREMENTS (“APPLICATION RULES”)

1. ELIGIBILITY.

a. You (hereinafter referred to as “you” or “Applicant”) understand that if you are selected to become an Official Driver (as defined below), you (or your parent or legal guardian) will be required to pay to Volkswagen of America, Inc. (“VWoA”) a non-refundable fee of $45,000.

b. To be considered as a Driver (as defined below) you: (a) must be at least 16 years old but no older than 26 years old as of January 1, 2009; (b) must have a valid driver’s license and hold a valid passport from the United States, Canada or Mexico; (c) must not have competed in any professional racing series regardless of location. Former Jetta TDI Cup participants holding an SCCA Pro Racing License are exempt from this provision. Former series participants must still meet all other parameters for admittance into the series if selected. (d) must NOT hold any professional racing licenses beyond go-kart level, and (e) 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.

c. 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.

d. 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:

i. Complete the on-line application form (and parental release form, if applicable) available at www.vwmotorsportusa.com (the “Website”) prior to 11:59 p.m. EST on January 9, 2009 (the “Entry Deadline”). All required information (including, without limitation, your first name, last name, address, valid email address, phone number, date of birth, driver’s license number, height, occupation 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;

b. All on-line applications (collectively, the “Application(s)”) become the property of VWoA and will not be acknowledged or returned. One Application per Applicant. Subsequent Applications from the same person will be disqualified.

3. SELECTION OF DRIVERS.

a. Selection of Final Applicants. The Applications will be reviewed by the VWoA Motorsport Board (which will consist of, without limitation, professional drivers as well as representatives of VWoA and the SCCA [Sports Car Club of America]. The Applications should convey (i) your passion and knowledge of Motorsport; (ii) your commitment and sincerity about being a Driver in the Cup; and (iii) that you are a respectful, honest and presentable person. The top approximately 100 Applicants (the “Final Applicants”) will be determined by the VWoA Motorsport Board, at its sole discretion, based upon the following weighted criteria:

b. Notification of Final Applicants. The Final Applicants will be notified no later than 5:00pm EST, January 23, 2009. Only Final Applicants will be contacted. If a selected Final Applicant does not wish to participate in the Cup after payment of initial deposit, he or she must notify VWoA no later than 5:00pm EST January 26, 2009.

c. 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 Final Applicants to complete and return a SCCA physical as part of the SCCA competition licensing process.

d. Official and Reserve Drivers. Upon notification, VWoA will invite the Final Applicants to Infineon Raceway in Sonoma, California (exact schedule TBD) on or about February 1-4, 2009, for the final Driver selection. The top approximately one hundred twenty five (125) Final Applicants must be available for a four-day selection process. All expenses (including, without limitation, travel expenses) in connection with this final Driver selection will be at Applicants’ sole expense VWoA will then determine who will be the 30 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.

e. Driver Selection. From among the Final Applicants, The VWoA Motorsport Board will select the Drivers based on their previously submitted Applications and their performance in the driver selection event at Infineon Raceway (exact schedule TBD) on February 1-4, 2009. Specifically, the Drivers will be selected by the VWoA Motorsport Board, at its sole discretion, based upon the following weighted criteria:

i. 20 percent on performance in written driving skills testing and driving class(es);

ii. 20 percent on driving skills;

iii. 20 percent on media training performance (if any);

iv. 20 percent on driver fitness training performance (if any); and

v. 20 percent on continued demonstration of the objectives described in Section 3(a).

f. Notification of Driver Status. VWoA will notify the Official Drivers and Reserve Drivers that they have been selected at the conclusion of the two- day competition, on or about February 4, 2009.

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 payable in two installments. The application including a passport photograph and a cashier’s check covering the first installment of $25,000 as well as a one page racing resume must be received by VWoA, no later than January 23, 2009. The 2nd installment is due upon entry to driver selection on February 1, 2009. Should a registered entrant not participate in the series after sending payment or should an entrant not pay the entry fee on time, the amount of $25,000.00 will be charged to such entrants. The release forms of under- age drivers must be signed by their legal guardians during the selection days. The driver shall be deemed as accepted only upon written confirmation of his/her application by VWoA. Payment is to be made to: Volkswagen Motorsport C/O Clark Campbell 2200 Ferdinand Porsche Drive Herndon, VA 20171

b. Availability. The Official Drivers must be available for the entire 2009 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 (1) the Official Driver may be disqualified from the Cup Season, removed as an Official Driver, and replaced by a Reserve Driver; OR (2) 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.

c. Races. The 2009 Jetta TDI Cup Season (for which the Official Drivers must be available) will begin in March 2009 and end in October 2009. Full race schedule and details will be posted online at www.vwmotorsportusa.com when finalized.

d. 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.

e. Costs/Expenses. VWoA will provide (1) one driving suit for each Official Driver who is responsible for cleaning, maintaining and making the driving suit presentable (to be determined by VWoA at its sole discretion) at each Race; a head and neck restraint device (2) one vehicle per race weekend for each Official Driver, who is responsible for maintenance of the vehicle as provided in the Race Rules; and (3) food and beverage at each Race for the Official Driver and his or her two guests. 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.

f. 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 for Canadian and Mexican Applicants) 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 6 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 (via mail to Kyle Novak, Program Manager, P.O. Box 19400, Topeka, KS 66619) 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, 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 APPLICATION FEE.

8. CONDITIONS. By applying, each Applicant: (i) agrees to be bound by these Application Rules, the Race Rules and any other documents VWoA requires Applicants to sign; (ii) agrees to release and forever discharge VWoA and its parent, affiliates, subsidiaries and advertising and promotion agencies (including, without limitation, Crispin Porter & Bogusky LLC) 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. Applicants agree 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; (iii) consents to the use of his or her name, address (city and state), biographical information, Application, 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; (iv) 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; (v) waives all rights to claim or collect punitive, incidental, consequential, or any other damages; (vi) 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 and Video materials 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 or Video 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.