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HOT WHEELS SUPERCHARGERS FUELED BY NITRO CIRCUS VIRTUAL COMPETITION OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. ALL DECISIONS AND DETERMINATIONS MADE BY NITRO ARE FINAL. ENTRY INTO THE COMPETITION CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.

BY PARTICIPATING, ENTRANT ACKNOWLEDGES THAT THEY ARE PARTICIPATING AT THEIR OWN RISK AND THAT NEITHER NITRO NOR ANY COMPETITION ENTITY IS RESPONSIBLE FOR ANY PHYSICAL HARM OR DEATH THAT MAY BEFALL ANY ENTRANT AS A RESULT OF PARTICIPATION IN THIS COMPETITION. PARTICIPANTS SHOULD NOT EXPOSE THEMSELVES OR OTHERS TO ANY DANGEROUS, HARMFUL OR ILLEGAL BEHAVIOR OR ACTIVITY AT ANY TIME DURING THIS COMPETITION. PARTICIPANTS AGREE TO ABIDE BY ALL TRAFFIC, SAFETY, AND OTHER APPLICABLE LAWS. ALL ENTRANTS MUST ACT RESPONSIBLY AND USE COMMON SENSE.

OVERVIEW: The 2020 Hot Wheels Superchargers Fueled by Nitro Circus Virtual Competition (the “Competition”) is a video submission skill-based competition sponsored, owned, and operated by Nitro Circus Live Touring USA, Inc. (“NITRO” or “Sponsor”).

1. Participation in this Competition constitutes entrant’s full and unconditional agreement to these Official Rules (“Official Rules”) and NITRO’s and judges’ decisions, which are final and binding in all matters related to this Competition. Winning a prize is contingent upon acceptance of these Official Rules and fulfilling all requirements set forth herein.

This Competition is in no way sponsored, endorsed, administered by or associated with Instagram or Facebook or any affiliate thereof.

2. ELIGIBILITY: The Competition is open to Entrants (defined herein) who: (i) at the time of entry, are between the ages of 5 and 16 years of age, who are under the control and supervision of a parent or legal guardian; (ii) are legal residents of the fifty (50) United States or the District of Columbia (collectively, the “Eligibility Criteria”). Employees of NITRO, or their parent and affiliated companies, subsidiaries and related entities (the “Competition Entities”) as well as their respective family members and persons living in their same household whether related or not, are not eligible to participate in the Competition.

For purposes of this Competition, “Entrant(s)” means the person who actually performs the BMX, Scooter or Skateboard performance run within the Submission (as defined below). A parent or legal guardian of the Entrant must submit a Submission and all requisite registration forms (including an Assumption of Risk, Release and Liability Waiver) on an Entrant’s behalf, or the Submission will be disqualified. With respect to participation of a minor (as defined in his or her state of residence), such individual shall clear his or her participation in the Competition and his or her understanding of these Official Rules with her or his parent or legal guardian(s) who shall be deemed the Entrant for such minor individual hereunder. Participation in the Competition constitutes Entrant’s full and unconditional agreement to and acceptance of these Official Rules. If you are a minor (as defined in his or her state of residence), one of your parents or legal guardians agrees that they have read, understood and agreed to these Terms and Conditions with your entry, and that such agreement constitutes acceptance of these terms of conditions on behalf of you and themselves.

3. TIMING: The Competition begins at 9:00:00 a.m. Pacific Time (“PT”) on October 28, 2020 and ends at 11:59:59 p.m. PT on December 13, 2020 (the “Competition Period“). The Competition Period consists of an entry period (“Entry Period”) and a judging period (“Judging Period”) as depicted in the table below. All Submissions must be entered into the Competition during the Entry Period. NITRO’s server shall be official clock of the Competition.

Entry Period Start: October 28, 2020 at 9:00:00 a.m. PT

Entry Period End: November 30, 2020 at 11:59:59 p.m. PT

Judging Period Start: December 1, 2020 at 12:00:00 a.m. PT

Judging Period End: Approximately December 13, 2020 at 11:59:59 p.m. PT (or as soon as reasonably practicable for NITRO)

4. HOW TO ENTER: Each Entrant may enter the Competition during the Entry Period by: (i) completing the requisite registration form and waiver found at https://nitrocircus.com/hot-wheels-superchargers/; (ii) filming a video in accordance with the Entry Requirements set out herein; and (iii) uploading a video via the Greenfly application (www.greenfly.com) in accordance with the submission instructions to be provided by NITRO (each such video a “Submission”). Each Entrant may enter one (1) Submission per minor, subject to these Official Rules (i.e. if a family has more than one minor participating in the Competition, all minors shall each be entitled to one Submission). Submissions may be displayed on the NITRO website (www.nitrocircus.com) and/or the NITRO Network (as defined below) during or after the Competition Period with the exception of any Submission that violates the Submission Standards (as defined below) or these Official Rules, in each case as determined by NITRO in its absolute sole discretion. Competition Entities may edit, tag and brand any Submissions with advertising and logos of the Competition Entities. Submissions are the property of Sponsor and will not be returned.

5. ENTRY REQUIREMENTS: By entering a Submission, the Entrant certifies, represents, and warrants that: (i) the Submission is Entrant’s original video or audio visual content, footage and photographs and does not and will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy of any third party, or violate any applicable law or regulation when used as contemplated in these Official Rules; (ii) Entrant has all rights and licenses necessary to grant to NITRO the rights granted herein in and to the Submission and

Appearance (defined below) and (iii) the Submission consists of one (1) video that conforms to the following Submission Guidelines and Submission Restrictions (collectively, the “Entry Requirements”):

Submission Guidelines

  • Definitions of competition divisions:Beginner – From minors who have just started learning their respective sport to those who are comfortable riding on a skatepark course.Advanced – Minors who have demonstrated skill and capability and are excelling in their respective sport.
  • Video must consist of the performance by the minor of one consecutive “skate-park run” which comprises of riding a scooter, skateboard or BMX bike on the skate-park course and if
  • capable, performing stunts and tricks. Video must be one consecutive shot up to 60 seconds in length.
  • Video must be filmed in horizontal format on a camera or phone by the minor’s parent or legal guardian.
  • Video must not contain any music or have been edited.
  • Video must not include any individuals other than Entrant
  • Videos must not contain watermarks.
  • Must not be of poor visual and/or audio quality.
  • Submission must be original.
  • No duplicate Submissions may be submitted.
  • Videos must be submitted via Entrant’s authenticated Greenfly account and must follow Greenfly’s Terms of Service listed here: https://portal.greenfly.com/termsofservice. Greenfly, Inc. is a US software and technology services company which has developed and operates the Greenfly mobile application, a media sharing and distribution software platform which is being utilized by Nitro to collect the Submissions for this Competition.

Submission Restrictions

  • Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement.
  • Submission must not contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media or musical material) without written permission.
  • Submission must not contain unsportsmanlike conduct, extraordinarily dangerous acts, or reckless acts.
  • Submission must not contain or in any way depict any injuries and/or crashes of the Entrant.
  • Submission must not disparage NITRO or any other person or party affiliated with the Competition.
  • Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous or otherwise objectionable or inappropriate as determined by NITRO in its sole discretion.
  • Submission cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
  • Submission cannot contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
  • Submission cannot communicate messages or images inconsistent with the positive images and/or goodwill to which NITRO wishes to associate.
  • Submission must not depict products or brands competitive with those of NITRO, as determined by NITRO in its sole discretion.
  • Submission cannot depict illegal activity and cannot itself be in violation of any law.

Compliance with the foregoing requirements shall be determined by NITRO in its sole discretion. NITRO may, in its sole discretion, remove, discard and/or disqualify any Submission that is deemed to be inappropriate or otherwise non-compliant with these Official Rules.

6. SELECTION OF WINNERS:

Submissions shall be judged to determine winners for the following three (3) award categories for the Competition:

(i) “Top Run Award”

(ii) “Challenge Accepted Award”

(iii) “Fan Favorite Moment Award”

The Winners of the Top Run and Challenge Accepted Award will be determined by expert judging and the Fan Favorite Moment will be determined by public comments. During the Judging Period, each eligible Submission will also be judged by a panel of judges who are experts in the action sports industry (the “Judging Panel”) to be selected and designated by NITRO. The determinations of NITRO and the Judging Panel will be final and binding in all respects.

At the conclusion of the Entry Period, NITRO will select a number of Finalists for the prize categories (as determined by NITRO in its sole discretion in accordance with the Judging Criteria) to move on to the Judging Period. During the Judging Period, the Judging Panel will use the Judging Criteria to select Winners of the Top Run and Challenge Accepted Awards from the selected Finalists. The Public will vote for a Winner of the Fan Favorite Award from the selected Finalists determined by NITRO.

7. JUDGING CRITERIA: The Judging Panel will evaluate each eligible Submission based on the following criteria:

(i) “Top Run Award”

a. Amplitude (25%)

b. Creativity (25%)

c. Style (25%)

d. Best Use of Course (25%)

(ii) “Challenge Accepted Award”:

a. Shows grit and perseverance and demonstrates the challenger spirit (33.3%)

b. Never gives up and has a positive attitude (33.3%)

c. Showcases a clear passion for pushing the limits (33.4%)

NITRO and the Judging Panel will decide the Winners at their sole discretion. THE DECISIONS OF NITRO AND THE JUDGING PANEL ARE FINAL AND BINDING AS TO ALL ENTRANTS.

NOTIFICATION AND VERIFICATION: All Submissions of the Winners will be posted on NITRO’s social media pages (including Facebook and Instagram). Winners will be notified individually via email and they and their parent or legal guardian may be required to sign, notarize and return, within ten (10) days of notification, an Affidavit of Eligibility, a Liability Waiver, a W-9 or W-BEN Form and where allowable, a Publicity Release (individually a “Release” and collectively, the “Releases“). If a Winner is a Minor, a Prize will be awarded in the name of the Winner’s parent/legal guardian on behalf of the Winner. These Releases may require Winners (or the parent or legal guardian of a Minor if declared a Winner) to furnish his/her Social Security Number, or other tax identification information, for the sole purpose of tax reporting, as required by law. Noncompliance will result in disqualification and an alternate Winner with the next highest judging score may be notified. Should there be any question as to originality of a winning Submission, or in the event that ownership of Submission cannot be satisfactorily determined by NITRO, NITRO reserves the right to revoke a prize and disqualify

the Submission. Without limiting any other terms of these Official Rules, if a potential Winner cannot be contacted, is ineligible, fails to claim a prize and/or where applicable a Release is not timely received, is incomplete or modified, the applicable prize may be forfeited and awarded to an alternate Winner. In the event of a dispute regarding the identity of a prize Winner, the entry will be deemed submitted by the Authorized Account Holder of the email account specified in the entry. Should there be any question as to originality of a winning Submission, or in the event that ownership of Submission cannot be satisfactorily determined by NITRO, NITRO reserves the right to revoke a prize and disqualify the Submission. “Authorized Account Holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. No automatically generated entries will be accepted.

PRIZE: There will be prizes awarded in the following categories, such form of prize to be determined by NITRO in its sole discretion:

(i) TOP RUN: TOP 10 WILL BE SELECTED BY NITRO TO BE THEN JUDGED LIVE VIA NITRO’S SOCIAL MEDIA PLATFORMS TO DETERMINE THE FOLLOWING EIGHTEEN (18) WINNERS:

  • Beginner Scooter: 1st, 2nd, 3rd
  • Advanced Scooter: 1st, 2nd, 3rd
  • Beginner BMX: 1st, 2nd, 3rd
  • Advanced BMX: 1st, 2nd, 3rd
  • Beginner Skate: 1st, 2nd, 3rd
  • Advanced Skate: 1st, 2nd, 3rd

Winners of the Top Run Awards shall be awarded medals for 1st, 2nd and 3rd recipients and Hot Wheels™ merchandise prize pack which shall include the following (“Prize Pack”):

  •  HW Hat ($20.00)
  • Die-Cast Car ($1.00 each)
  • Sticker Pack ($5.00)
  • HW Lanyard ($8.00)
  • Fanny Pack ($30.00)

The Approximate Retail Value (ARV) of the Prize Pack is: USD$64.00

(ii) CHALLENGE ACCEPTED AWARD: ONE PER SPORT (i.e. Total of 3 Awards)

Prizes for each Challenge Accepted Award shall be one (1) x 20-minute online mentor session with a designated professional athlete in the Winner’s sport as determined by Nitro.

The Approximate Retail Value (ARV)of each prize is: USD$500.00

(iii) FAN FAVORITE MOMENT: ONE AWARD FOR THE ENTIRE COMPETITION

Winner of the Fan Favorite Award shall be awarded a Prize Pack and the winning Submission shall be displayed on Nitro’s social media platforms.

The Approximate Retail Value (ARV) of the Prize Pack is: USD$64.00

The total aggregate Approximate Retail Value (“ARV”) of all prizes is: USD$3,484

No more than the listed number of prizes will be awarded. Sponsor reserves the right to substitute a prize with a similar prize of equal or greater value in the event of unavailability.

ODDS OF WINNING: Odds of winning depend on number of eligible Submissions received.

10. ADDITIONAL PRIZE TERMS:

Prizes are not assignable or transferable and may not be sold. Winners are responsible for all federal, state, and local taxes associated with winning prize (if any).

By accepting a prize, each Winner further agrees to release NITRO, from any and all liability, loss or damage of any kind arising out of or in connection with such Winner’s participation in this Competition or with respect to the awarding, receipt, possession, use and/or misuse of any prize. No confidential relationship is established by any Entrant and the Competition Entities as a result of entering the Competition. None of the information submitted by the Entrant will be treated as trade secrets, confidential information or as protected data under any obligation. Potential Entrants do not receive by way of or under the Competition any intellectual property or other rights in any copyrights, patents, trademarks, trade names, technology, trade secrets or know-how of NITRO or any third party.

The prizes are a single indivisible package; and any refusal of a Winner (or potential Winner as the case may be) to accept any terms or any portion of a prize package or any attempt to transfer, sell, fail to cooperate with, renounce, repudiate and/or refuse any part of a prize package may immediately disqualify such Winner (or potential Winner) from the Competition and/or cause such Winner (or potential winner) to forfeit all or any portion of the prize package in the Administrator’s sole discretion. In the event of disqualification of a Winner, NITRO may select the Entrant with the next highest ranking as determined by the Judging Panel as the Winner. ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

11. GRANT OF RIGHTS: EACH ENTRANT WILL, JOINTLY AND SEVERALLY, INDEMNIFY AND HOLD HARMLESS (I.E., ENTRANT WILL BE FULLY LIABLE, INDIVIDUALLY, TO PAY ANY AND ALL DAMAGES), COMPETITION ENTITIES AND RELEASED PARTIES (AS DEFINED HEREIN) FROM ANY FEES, ROYALTIES, COSTS AND EXPENSES (COLLECTIVELY, “COSTS”) ARISING OUT OF ANY THIRD PARTY CLAIMS, LAWSUITS, COMPLAINTS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, SUITS AND DEMANDS (COLLECTIVELY, “CLAIMS”) TO THE CONTRARY AND ANY CLAIMS ARISING OUT OF OR RELATED TO ENTRANT’S SUBMISSION OR PARTICIPATION IN THE COMPETITION OR THE ADMINISTRATOR’S OR ASSOCIATED PARTIES EXERCISE OF THE RIGHTS GRANTED AND CONTEMPLATED HEREIN.

License to Use Appearance from Submission
These Official Rules govern NITRO’s (and its designee(s)) use of Entrant’s name, nickname, image, likeness, rights of publicity, voice, appearance, live or recorded performance, autograph, photographs and biographical information (collectively, “Appearance”) as included in the Submission, and to the extent that Entrant recognizably appears in the Submission, Entrant grants to NITRO (and its designee(s)) the right to use the Appearance or portion thereof within or in connection with the Submission for any purpose including but not limited to advertising

purposes, in any and all media now known or hereafter created, including, but not limited to, the Website and/or the NITRO Network (as defined herein) as necessary to exercise the rights granted in these Official Rules without attribution, compensation, additional compensation, notification, permission, or consent.

NITRO does not claim any ownership rights in or to the Submission or the Appearance including all intellectual property rights, rights of publicity or privacy and moral rights therein. NITRO owns all right, title and interest in and to any and all NITRO Materials (defined below) (excluding the Submission and Appearance), including all intellectual property rights, rights of publicity or privacy and moral rights therein.

License to Use Submission
By entering the Competition and/or submitting any Submission, Entrant hereby grants to NITRO and their respective licensees, successors and assigns a worldwide, non-exclusive, perpetual, irrevocable, transferable, fully paid-up, royalty-free right and license, with the right to sublicense to use, reproduce, prepare derivative works, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Submission, in whole or in part, for commercial or non-commercial purposes, including but not limited to the marketing, promoting and advertising of the NITRO brand, products and services, monetization of content through advertising, subscription, licensing and other means, including as incorporated in video or audio visual content, text, graphics, artwork, photographs, templates, and other content or materials created by or on behalf of NITRO (the “NITRO Materials”), including but not limited on and through third-party distribution channels selected by, but not affiliated with, any of the Competition Entities; you also grant NITRO the right to sublicense these rights to third parties (including without limitation, Mattel, Inc.) for distribution via third party distribution channels, which may include viral distribution of your Submission (Entrant agrees that NITRO nor any third party distribution channels have any obligation to provide any compensation to you for your Submission or the licenses granted herein), in any form, medium or technology now known or later developed, including, but not limited to, the following (collectively, the “NITRO Network”):

  • Online / Mobile: All forms of transmission over the Internet, mobile carrier networks, satellite networks or other method of connectivity (as defined below), including, without limitation, all forms of streaming technologies and downloads accessible on or through any and all websites, applications, gaming and/or media platforms, social media services and/or other offerings made available by NITRO and/or third parties;
  • PR / Industrial / Retail: All public relations, media outreach and/or industrial uses, including, without limitation, the exhibition, performance and other use of the Works and Other Materials at retail establishments (e.g., “point-of-sale” and “point-of-purchase” displays), kiosks, trade shows, conventions, sales and/or marketing meetings and other industrial and/or promotional events;
  • Print Media: The display and other use of Other Materials in and in connection with all forms of print media, including, without limitation, catalogues, newspaper and magazine articles, editorials, advertising and circulars, merchandise packaging and product manuals;
  • Events: The exhibition, display, performance and other use of the Works and Other Materials via all forms of out-of-home advertising (including, without limitation, on billboards, “bus wrappers” and in other public places) and at public events (including, without limitation, on electronic billboards and video displays at those public events);
  • Television: All forms of television media, whether linear or on-demand (including, without limitation, all forms of local, regional and network broadcast, pay, cable, satellite and internet protocol television);
  • Other Uses: Any other exhibition, display, performance, communication to the public, distribution, exploitation or other use of the Works and/or Other Materials not set forth above.

Entrant agrees to obtain the appropriate licenses, permissions, and/or releases from the owner of such music, images, video, audio, photos, text, or other material embedded within the Submission, or other people that recognizably appear in the Submission, (“Third Party Materials”). NITRO may request that the Entrant provide a completed standard release form for any Third Party Materials as a condition to receiving any Prizes.

12. GENERAL TERMS: By entering, Entrant acknowledges that NITRO has no obligation to use or post any Submission or permit any Entrant to participate who enters a Submission that violates or is not eligible under these Official Rules.

If for any reason the Competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, NITRO reserves the right, at its sole discretion, to cancel, modify, amend, suspend or terminate the Competition or any portion thereof. Any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this Competition, including but not limited to any fraudulent claims, may be a violation of criminal and civil laws – and should such an attempt be made, NITRO reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Proof of entering or making a Submission will not be deemed to be proof of receipt by NITRO of entry. Any use of robotic, automatic, programmed or like entry methods will void all Submissions affected by such methods and be deemed tampering. Persons engaging in any of the foregoing activities may be disqualified. NITRO’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

By participating, Entrants agree to be bound by these Official Rules and the decisions of NITRO and/or Judging Panel and waive any right to claim ambiguity in the Competition or these Official Rules. NITRO reserves the right to make changes or additions to these Official Rules and/or change the dates of the Competition at any time.

This Competition is governed by the laws of the State of California. By entering, Entrants consent to the exclusive jurisdiction and venue of the federal, state and local courts located in Orange County, California for the resolution of any disputes. By making a Submission, you agree that: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Competition, or any prizes awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Competition, but in no event attorney’s fees; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

THE ENFORCEMENT AND INTERPRETATION OF THESE COMPETITION RULES SHALL BE EXCLUSIVELY DETERMINED BY NITRO IN ITS SOLE DISCRETION. ALL ENTRANTS AGREE TO BE BOUND BY ALL SUCH NITRO DETERMINATIONS AND ACKNOWLEDGE THAT SUCH DETERMINATIONS ARE FINAL AND NON-APPEALABLE.

13. LIMITATIONS OF LIABILITY AND RELEASE: NITRO is not responsible for: (i) technical problems or technical malfunction which may affect the operation of the Competition, including but not limited to any of the following occurrences (a) hardware or software errors; (b) faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; (c) errors or limitations of any Internet service providers, servers, hosts or providers; (d) garbled, jumbled or faulty data transmissions; (e) failure of any e-mail transmissions to be sent to or received; (f) any inability to upload or download any information in connection with participation in the Competition; (g) inaccessibility of Competition platform or the Website, in whole or in part for any reason, or traffic congestions on the Internet; (h) lost, late, delayed, corrupted or intercepted e-mail or Submission transmissions; (i) unauthorized human or non-human intervention of the operation of the Competition, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; (j) destruction of any aspect of the Competition, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Competition, including but not limited to, undeliverable contact attempts that result from any form of active or passive email filtering by a user’s Internet service provider and/or email client or for insufficient space in user’s account to receive email; (k) any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Website or Competition platform; (ii) flood, earthquake or other acts of God; (iii) work stoppages or other labor interruptions; or (iv) any personal injury, death, or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Competition, use of the Website, Competition platform, filming of Submissions, or the download of any information from the Website or Competition platform.

IN NO EVENT WILL COMPETITION ENTITIES OR RELEASED PARTIES (AS DEFINED HEREIN) BE LIABLE TO ENTRANTS FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH ENTRANTS’ PARTICIPATION IN THE COMPETITION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT NITRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Entrant acknowledges that Competition Entities and their respective parents, subsidiaries, affiliates, related entities, associates, body corporates, successors, assigns, officers, directors, shareholders and prize providers (collectively “Released Parties” and individually “Released Party”) shall not be liable for any injury, death, damage, loss, expense, accident, delay, inconvenience, or other irregularity that may be caused or contributed to: (i) by any wrongful, negligent, or unauthorized act or omission on the part of any other suppliers or any of their agents, servants, employees, or independent contractors (collectively, “Suppliers”); (ii) by any defect in or failure of any vehicle, equipment, accessories, instrumentality, service, product, or accommodation that is owned, operated, furnished, or used by any of those Suppliers; (iii) by the wrongful, negligent, or unauthorized act or omission on the part of any other person or entity not directly employed by that Released Party; or (iv) by any cause, condition, or event whatsoever beyond the control of that Released Party. Entrant (and if applicable, their parent or legal guardian) hereby irrevocably waives, releases and discharges each Released Party from and against any and all claims, actions, suits, demands, costs, injuries, losses, damages or liabilities (collectively, the “Claims”), howsoever arising, even if caused by the negligence or willful misconduct of the Released Party, for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity arising out of or relating to any person (including, but not limited

to, death) or property of any kind resulting in whole or in part, directly or indirectly, from participation in this Competition or in any Competition-related activity or from acceptance, possession, use or misuse of any prize. On behalf of the Entrant and each of their successors, heirs, and assigns, the Entrant agrees to defend (at NITRO’s request), indemnify and hold harmless each of the Released Parties from and against any and all Released Claims, and any and all third party Claims, arising from or in connection with: (a) any breach or alleged breach of these Official Rules; (b) my Participation in the Competition, including, without limitation: (i) any injuries to me; (ii) any injuries to third parties directly or indirectly arising from my Participation in the Competition; and (iii) and any other loss or damage that I may directly or indirectly cause to any real or personal property. If the Entrant is a minor, the parents and legal guardians further agree to indemnify each of the Released Parties from any and all Claims described in the preceding paragraph which may be suffered by the Entrant.

By entering the Competition, Entrants acknowledge that they are familiar with the provisions of California Civil Code Section 1542, which provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Accordingly, by entering the Competition, Entrants (and if applicable, the parent or legal guardian) on their behalf and on behalf of their heirs, executors, administrators, personal representatives, predecessors, successors and assigns of any of the foregoing, and all other persons and entities asserting rights of or acting on behalf of the entrant) hereby waive and relinquish any right or benefit which Entrant or such persons has, have or may have against Competition Entities and/or the Released Parties under Section 1542 of the Civil Code of the State of California, or under any similar statutory or common law of any other jurisdiction to the full extent that any such person may lawfully waive such rights and benefits pertaining to the releases set forth in these Official Rules, the Website and Competition platform Terms of Service and applicable privacy policies.

In the event of early termination of the Competition for any reason at NITRO’s sole discretion, a notice will be posted on the Website and Competition platform and judging will be conducted from among the eligible Entrants received prior to termination using the process described in Paragraphs 5 and 6.

14. ARBITRATION: Any dispute, claim or controversy arising out of or relating to these Official Rules or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties shall equally advance the costs incurred by arbitration. The arbitrator, however, shall have the discretion to award such costs, as well as attorneys’ fees, to the party prevailing in the arbitration proceedings.

15. PRIVACY POLICY: Please read the NITRO privacy policies located at https://thrillone.com/privacy-policy/ for more information about Competition Entities’ information collection and use practices.

16. CONTACT: Nitro Circus, 946 West 17th Street, Costa Mesa CA 92627, info@thrillone.com

17. WINNERS’ LIST: Send self-addressed stamped envelope by March 13, 2021 to Nitro Circus, 946 West 17th Street, Costa Mesa CA 92627, Attention: Winners’ List, 2020 Hot Wheels Superchargers Fueled by Nitro Circus Virtual Competition.

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