Official Rules

Run Fast Racing, LLC (“Run Fast Racing,” “RFR,” “Sponsor,” “our,” or “us”) offers a $100/month experiential horse-racing subscription platform (the “Platform”). Sponsor may, from time to time, offer separate race-specific promotions (each, a “Sweepstakes”) tied to a designated horse race in which a Run Fast Racing-owned horse (the “Horse”) is entered (the “Race”). Eligible Platform subscribers who satisfy the requirements of Section 6 will receive automatic entry into the applicable Sweepstakes. Eligible individuals who do not receive an automatic entry may enter the applicable Sweepstakes for free through an alternative method of entry (“AMOE”). If the Horse satisfies the qualifying Race-result condition identified in the applicable Promotion Notice, every eligible entrant to the Sweepstakes—whether entered automatically or through the AMOE—will receive the same fixed cash Prize subject to these Official Rules. RFR does not separately select a winner.

The sponsor of the Sweepstakes is Run Fast Racing, LLC (“Sponsor”). The Sponsor may be contacted at NPN@runfastracing.com or 270 Lafayette Street, New York, NY 10013.

Sponsor may, from time to time, designate individual races involving an RFR-owned horse as separate promotional sweepstakes (each, a “Sweepstakes”). Each Sweepstakes will begin when Sponsor publishes the applicable Promotion Notice after publicly available race-entry information indicates that the applicable RFR-owned horse has been entered in the designated promotional Race (the “Start Date”) and will end when the applicable Race begins (the “End Date”). The period from the Start Date to the End Date is the “Sweepstakes Period.” Each Sweepstakes is a separate and discrete promotion, and Sponsor is not obligated to conduct a Sweepstakes in connection with any particular Race involving an RFR-owned horse.

The Sweepstakes is open only to legal residents of the 50 U.S. states and the District of Columbia who are 18 years of age or older at the time of entry. Void where prohibited or restricted by law.

Employees, officers, directors, agents, and representatives of Sponsor, and each of its parent companies, subsidiaries, affiliates, advertising/promotion/fulfillment agencies, anyone else connected with the production and distribution of this Sweepstakes and their immediate families (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win.

Sponsor reserves the right to verify eligibility and to adjudicate any dispute regarding an individual’s eligibility at any time. If in participating in the Sweepstakes an Entrant, as defined below, provides any false information including with respect to the Entrant’s identity, residency, mailing address, telephone number, email address, or other information required for entering the Sweepstakes, Sponsor, in its sole discretion, may disqualify the Entrant from the Sweepstakes.

Each individual who participates in a Sweepstakes (each, an “Entrant”) is subject to Sponsor’s Privacy Policy and Conditions of Use, as applicable, and these Run Fast Racing, LLC Race Sweepstakes Official Rules (the “Rules”).

By submitting an AMOE Entry, or, in the case of a Platform subscriber, by affirmatively enrolling in Sponsor’s promotional payment program and agreeing to these Rules through the Platform, an Entrant acknowledges that they have reviewed and agree to be bound by these Rules. These Rules are final and binding in all respects and are subject to all applicable federal, state, and local laws and regulations.

These Rules govern each Sweepstakes, but they do not otherwise govern Sponsor’s websites or services, which are governed by their own terms. With respect to disputes arising out of or related to a Sweepstakes or these Rules, the dispute resolution provisions set forth in Section 16 shall govern and supersede any conflicting provisions of Sponsor’s Conditions of Use.

In the event of a conflict between these Rules and any instructions or interpretations of these Rules given by an employee or agent of Sponsor regarding a Sweepstakes, these Rules shall prevail. Except for race-specific terms that these Rules expressly provide will be identified in the applicable Promotion Notice, in the event of any discrepancy or inconsistency between these Rules and disclosures or other statements contained in any Sweepstakes-related materials, these Rules shall prevail, govern, and control.

Eligible Entrants may participate in a Sweepstakes as set forth below:

Promotion Notice. For each Sweepstakes, Sponsor will make a notice regarding the applicable Sweepstakes publicly available at https://www.runfastracing.com/promotions on the Start Date (the “Promotion Notice”). The Promotion Notice will clearly state that no purchase is necessary and will identify the designated Horse and Race, including the racetrack and scheduled Race date and, once available, the Race number; the qualifying Race-result condition; the deadline, address, and instructions for submitting an AMOE Entry; and a link to these Official Rules. The Promotion Notice will state that the Prize amount will be determined and posted on the scheduled date of the Race in accordance with Section 10. The Promotion Notice will be available without a Platform subscription or login. Publicly available racing information concerning the Horse and Race may also be available from third-party racing information sources; however, subject to these Rules, the Promotion Notice will control with respect to Sponsor’s designation of a particular Race as a Sweepstakes and the race-specific terms identified in this paragraph.

Automatic Platform Subscriber Entry. An eligible Entrant who has an eligible subscription to the Platform that is active immediately prior to the official start of the Race, and who is enrolled in the applicable promotional payment program and has accepted these Rules, will automatically receive one (1) Entry in the applicable Sweepstakes. No additional action is required to obtain an automatic Entry. Sponsor’s Platform records and the official start of the Race, as determined by the applicable racetrack, racing association, stewards, or other official racing authority, will control for purposes of determining eligibility for an automatic Entry.

Alternative Method of Entry (“AMOE”). No purchase or subscription is necessary to enter. To enter without a purchase or subscription, an eligible Entrant must hand-print on a 3” x 5” card: (i) their full name, age, email address, daytime and evening telephone numbers, and complete mailing address, including city, state, and ZIP code; and (ii) the name of the Horse, the name of the racetrack at which the Race is scheduled to occur, the date and number of the Race, and the Horse’s post position for the Race. The Entrant must place the completed card in a #10 envelope with sufficient postage affixed and mail it to: 270 Lafayette Street, New York, NY 10013, Run Fast Racing, LLC Race Sweepstakes.

Only one (1) card may be included per envelope, and each Entry must be mailed separately. An AMOE Entry must be postmarked no later than the calendar day immediately preceding the scheduled date of the Race and received by Sponsor no later than seven (7) calendar days after the Race. Upon Sponsor’s timely receipt of a valid AMOE Entry satisfying these Rules, the AMOE Entry will constitute one (1) Entry in the applicable Sweepstakes, including where the valid AMOE Entry is received after the Race has occurred. Proof of mailing does not constitute proof of actual receipt or acceptance of an Entry.

No purchase or subscription is necessary to enter or receive a Prize. Once an eligible Entrant has obtained a valid Entry, the method by which the Entry was obtained does not affect the Race-result condition for receiving a Prize or the amount of the Prize.

Entry Limit. Limit one (1) Entry per Entrant per Sweepstakes, regardless of method of entry. An Entrant who receives an automatic Entry through an eligible Platform subscription may not also submit an AMOE Entry for the same Sweepstakes. If Sponsor determines that an Entrant has intentionally submitted, attempted to submit, or otherwise attempted to obtain more than one Entry in the same Sweepstakes—including through multiple AMOE submissions, multiple Platform or promotional payment program accounts, or any combination of entry methods—the Entrant will be disqualified from that Sweepstakes and all Entries submitted by or on behalf of that Entrant for that Sweepstakes will be void. Use of different names, email addresses, mailing addresses, accounts, or other information to circumvent the one-Entry limit is prohibited.

The name of the person submitting an AMOE Entry must be the individual who completed the Entry. Entries that are forged, incomplete, illegible, altered, submitted by an individual other than the Entrant, contain inaccurate Race or Horse information, or are generated or submitted through automated means will not be accepted and will be void.

All Entries are and remain Sponsor’s exclusive property and will not be acknowledged, exchanged, modified, or returned. Sponsor is not responsible for lost, late, mutilated, misdirected, illegible, incomplete, inaccurate, stolen, postage-due, or otherwise noncompliant AMOE Entries. AMOE Entries must satisfy both the postmark and receipt deadlines stated above.

Each Entrant consents to receive communications from the Sponsor for the purpose of administering the applicable Sweepstakes. An Entrant who submits an Entry will not receive communications from the Sponsor about other offers and communications that may be of interest to the Entrant unless the Entrant agrees to receive such communications independent of their participation in the Sweepstakes.

Each eligible Entrant will receive the Prize if the Horse satisfies the qualifying Race-result condition identified in the applicable Promotion Notice. Whether an Entrant receives a Prize therefore depends solely on the outcome of the Race and not on the number of Entries received or any drawing or selection among Entrants.

The official result of the Race, as declared by the applicable racetrack, racing association, stewards, or other official racing authority following resolution of any inquiry, objection, or disqualification occurring in connection with the Race (the “Official Result”), will control for purposes of the Sweepstakes. Sponsor will not determine or alter the Official Result.

If the Horse is scratched, declared a non-starter, or otherwise does not officially start the Race, the applicable Sweepstakes will be void and no Prize will be awarded. Entries in a void Sweepstakes will not transfer or carry over to any other race or Sweepstakes.

If the scheduled start of the Race is delayed but the Race is conducted on the same calendar day, the Sweepstakes will remain in effect. If the Race is postponed or rescheduled to a later calendar date, canceled, abandoned, declared a no-contest, or otherwise not officially completed on its scheduled date, the applicable Sweepstakes will be void and no Prize will be awarded.

If the Horse crosses the finish line in a qualifying position but, as a result of an inquiry, objection, disqualification, or other ruling of the applicable racing authority, is not credited with that qualifying position in the Official Result, the Horse will not be deemed to have satisfied the applicable Prize condition.

If the Official Result reflects that the Horse finished in a dead heat for a position that satisfies the qualifying Race result for the applicable Sweepstakes, the Horse will be deemed to have satisfied the applicable Prize condition.

Once the Official Result has been declared and Sponsor has determined Prize eligibility based on that Official Result, any subsequent appeal, administrative ruling, correction, or other later modification to the Race result will not affect the outcome of the Sweepstakes or require Sponsor to award, recover, or reallocate any Prize, except as required by applicable law.

All of the foregoing provisions apply equally to Entries obtained through an eligible Platform subscription and Entries obtained through the AMOE.

For each Sweepstakes, Sponsor will determine a fixed cash prize amount per eligible Winner (the “Prize”). The Prize amount may vary from one Sweepstakes to another and need not be determined or announced as of the Start Date. Sponsor will post the Prize amount in the applicable Promotion Notice on the scheduled date of the Race before the Race begins. If Sponsor conducts multiple Sweepstakes on the same date, Sponsor may post the Prize amount for a later Race as late as fifteen (15) minutes before the scheduled start of that Race. Once announced for a Sweepstakes, the Prize amount will not change.

If the Horse achieves the qualifying Race result specified for the applicable Sweepstakes, each eligible Winner will receive the same Prize, regardless of method of entry.

The Prize amount is fixed independently of, and will not vary based on, the number of Entries or Winners, the Race purse, pari-mutuel or other betting odds, wagering activity or handle, the amount paid by any Platform subscriber, subscription tenure or spend, or any other wagering- or entry-related metric.

The aggregate value of Prizes awarded in a Sweepstakes will depend on the number of eligible Winners. Sponsor is not responsible for any inability of a Winner to accept or receive a Prize for any reason. If a Winner declines or forfeits a Prize, no alternate Winner will be selected and the applicable Prize will remain unawarded. No Prize substitution or other consideration will be provided in lieu of the stated cash Prize, except as required by applicable law.

If the Horse satisfies the qualifying Race-result condition for the applicable Sweepstakes, each eligible Entrant will be deemed a Winner. Each Winner may be required to provide information or documentation reasonably necessary to verify eligibility, comply with applicable tax or other legal requirements, and complete payment of the Prize.

Platform Subscribers. Winners who entered automatically through an eligible Platform subscription will receive the applicable Prize through the payment method or payment infrastructure associated with their Platform account, including through Sponsor’s third-party payment processor. Payment may be subject to completion of any eligibility, tax, identity, or payment-verification requirements reasonably required by Sponsor or its third-party service providers. Sponsor may also provide notice of the Prize through the Platform or the email address associated with the Winner’s Platform account.

AMOE Entrants. Winners who entered through the AMOE (“AMOE Winners”) will be notified using the email address or other contact information provided with their Entry (“Winner Notification”). Within five (5) days after receipt of the Winner Notification, an AMOE Winner must respond to the Winner Notification and complete any eligibility, tax, identity, banking, or payment information reasonably required by Sponsor or its third-party service providers to verify eligibility, comply with applicable law, and facilitate secure payment of the Prize. Sponsor may direct an AMOE Winner to provide such information directly to a third-party payment processor, tax-compliance provider, or other service provider used by Sponsor for Sweepstakes administration.

An AMOE Winner will not be required to purchase or maintain a Platform subscription or otherwise make any payment to receive a Prize. Failure to timely respond to the Winner Notification or timely provide information or documentation reasonably required to verify eligibility or complete payment may result in forfeiture of the Prize. If a Prize is forfeited, no alternate Winner will be selected and the Prize will remain unawarded.

If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned, including, but not limited to, (i) tampering or unauthorized intervention; (ii) fraud; (iii) technical or production failures, including infection by computer virus or bugs; (iv) an event outside Sponsor’s control, including, but not limited to, acts of God, fires, strikes, labor disputes, pandemics, epidemics, quarantines, accidents, embargoes, riots, floods, earthquakes or other natural disasters, wars, or governmental actions; or (v) any other cause beyond Sponsor’s control that corrupts or materially affects the administration, security, fairness, integrity, or proper operation of this Sweepstakes, Sponsor reserves the right, subject to applicable law and any required regulatory approval or notice, in its reasonable discretion, to modify, suspend, or cancel the Sweepstakes, in whole or in part. To the extent reasonably practicable, Sponsor will preserve valid Entries and apply the Race-result and Prize provisions of these Rules.

Sponsor reserves the right, in its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the Entry process or the operation of the Sweepstakes, acting in violation of these Rules, or acting in any manner that is disruptive to or contrary to the spirit of the Sweepstakes. If an event described above makes it impossible to fairly and lawfully complete the Sweepstakes, Sponsor may cancel the Sweepstakes, subject to applicable law.

CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER LEGAL OR EQUITABLE REMEDIES FROM ANY SUCH PERSON(S) INVOLVED IN OR RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW. FAILURE BY SPONSOR TO ENFORCE ANY PROVISION OF THESE RULES SHALL NOT CONSTITUTE A WAIVER OF THAT PROVISION OR ANY LEGAL OR EQUITABLE RIGHTS.

Personally identifiable information submitted or otherwise used in connection with this Sweepstakes will be used to administer the Sweepstakes, determine and notify Winners, fulfill Prizes, and will be treated in accordance with Sponsor’s Privacy Policy. Sponsor’s collection and use of Entrants’ personal information in connection with the Sweepstakes will be subject to Sponsor’s Privacy Policy. If determined to be a Winner, the Winner’s information may also be included in a publicly available winner’s list.

The value of the Prize will be taxable to the Winner as income. All federal, state, and local taxes and any other costs and expenses associated with the acceptance and/or use of the Prize not specifically provided for in these Rules are solely each Winner’s responsibility. Each Winner is solely responsible for reporting and paying any and all applicable taxes. Sponsor may require a Winner to provide a valid taxpayer identification number, IRS Form W-9, identification, or other documentation to the extent reasonably necessary for Sponsor to satisfy applicable tax reporting, withholding, eligibility-verification, or other legal requirements. Winners who receive a Prize automatically through their Platform account may receive the Prize before Sponsor requests such documentation, unless applicable law requires Sponsor to obtain the documentation before payment. Sponsor may issue an IRS Form 1099 or other applicable tax form to a Winner as required by law. A Winner must contact their own tax advisor for any questions concerning taxes.

By entering the Sweepstakes, each Entrant represents and agrees to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, suppliers and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the “Released Parties”), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Sweepstakes or acceptance or use of any Prize and for any claims based on publicity rights, defamation, or invasion of privacy.

Each Entrant represents and agrees to indemnify, release, and hold harmless the Released Parties from and against any and all liability, claims, loss, damage, injury or expense, including reasonable attorney’s fees, arising in connection with any third party action arising out of a breach or allegation which if true would constitute a breach of any of Entrant’s representations, warranties or obligations herein. Each Entrant hereby acknowledges that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize.

By participating in the Sweepstakes, each Entrant agrees to release and hold harmless the Released Parties from, including, but not limited to (i) any technical errors that may prevent an Entrant from submitting an Entry or from accepting a Prize, including, but not limited to, the Platform or any Sweepstakes-related website; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing or production errors; (iv) Sweepstakes administration or Entry processing; (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of a Prize; or (vi) Entrant’s participation in the Sweepstakes. Entrant acknowledges and agrees Released Parties assume no responsibility and have no responsibility whatsoever for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet, or any combination thereof, including any injury or damage to an Entrant’s or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in connection with this Sweepstakes.

PLEASE READ THIS “DISPUTE RESOLUTION” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

This Section governs the resolution of any claim, dispute, or controversy (whether in contract, tort, or otherwise) that may arise out of, relate to, or be connected in any way with the Sweepstakes or these Rules between Entrant (“You”) and Sponsor (each a “Sweepstakes Dispute”).

The parties agree that before initiating any formal dispute pursuant to the provisions below, we will engage in informal dispute resolution to settle any Sweepstakes Dispute(s). Engaging in good faith negotiations to informally resolve such Sweepstakes Dispute shall be a pre-condition to any lawsuit or arbitration. Consequently, if You fail to engage in this process, additional fees could be imposed on You in arbitration.

To adequately engage in this initial dispute resolution process, each party must notify the other party, in writing, of the facts and circumstances giving rise to the Sweepstakes Dispute, including the email address associated with Your Entry or, if applicable, Your Platform account, and all damages claimed. Such a writing must be sent (i) by Sponsor to the email address associated with Your Entry or, if applicable, Your Platform account; or (ii) by You to NPN@runfastracing.com, whichever is applicable (“Dispute Notification”). Sponsor believes this informal process should facilitate resolution. However, if the parties are unable to satisfactorily resolve the Sweepstakes Dispute within forty-five (45) days from the receipt by the non-initiating party of the Dispute Notification, then You and Sponsor agree to the dispute resolution provisions below.

Notwithstanding the foregoing 45-day notice requirement, You and Sponsor agree that if the Sweepstakes Dispute involves either party’s intellectual property rights (defined below) or defamation, this informal dispute resolution provision shall not apply and either party may immediately pursue relief in the manner set forth below.

If the parties do not reach an agreed-upon solution as a result of the Informal Dispute Resolution provision above, then the parties agree that either party may initiate binding arbitration as the sole means to resolve the Sweepstakes Dispute (except as set forth below) subject to these Rules and this arbitration agreement. Specifically, all Sweepstakes Disputes, including, but not limited to, any claim that all or any part of these Rules are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of arbitration fees (including the timing of such payments and remedies for nonpayment), shall be finally settled by binding arbitration.

Thus, except as explicitly set forth in this Section, an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Rules. The parties understand that by entering this agreement to arbitrate, an arbitrator and not a judge or jury will decide the Sweepstakes Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE RULES, WHICH INCLUDE THIS ARBITRATION AGREEMENT, YOU AND SPONSOR ARE EACH WAIVING THE RIGHT TO A TRIAL BY A JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

This agreement to arbitrate affects interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.

An arbitration brought under this agreement shall be administered by JAMS and conducted before a single arbitrator in accordance with the provisions of JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If 25 or more similar arbitration demands are filed against Sponsor by the same party or similar parties represented by the same law firm or law firms acting in coordination (a “Mass Arbitration”), then JAMS Mass Arbitration Procedures will apply. The applicable JAMS rules and procedures are available at https://www.jamsadr.com/adr-rules-procedures/. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. § 5.

You and Sponsor acknowledge and agree that, to the maximum extent allowed by law, any arbitration shall be conducted in an individual capacity only and not as a class or other representative action, and the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve an individual party's claim; notwithstanding this acknowledgement and agreement, You agree that any arbitration involving you may proceed on a consolidated basis, but it may do so if and only if Sponsor provides its consent to consolidate in writing.

Notwithstanding any other provision of these Rules, disputes regarding the interpretation, applicability, or enforceability of this “Class Action Waiver” subsection may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

If the amount in controversy does not exceed $25,000 and does not involve injunctive or declaratory relief, then the arbitration will be conducted solely by submission of written materials that You and Sponsor submit to the arbitrator, unless (A) the arbitrator determines that a hearing is necessary or (B) the parties agree otherwise. In such cases, the parties agree to remote participation in the hearing by video- or telephone- conference.

If the amount in controversy exceeds $25,000 or involves declaratory or injunctive relief, either party may request an arbitration hearing, and that hearing shall presumptively be held via video- or telephone conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. In the event there is an in-person hearing, the location of the hearing will be determined by mutual agreement of the parties or, if the parties cannot agree, by the arbitrator in accordance with JAMS Rules and Procedures and applicable law.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which the claims are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements.

The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator also shall be empowered to impose sanctions in accordance with JAMS Rules and Procedures including for any frivolous claims or submissions the arbitrator determines have not been filed in good faith under the standard set forth in Federal Rule of Civil Procedure 11, and/or for a party’s failure to comply with any provision or condition or these Rules.

Subject to the applicable JAMS rules and procedures, the parties agree that the arbitrator will have the discretion to allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute.

Unless otherwise prohibited by law, all arbitration proceedings will be confidential and closed to the public and any parties other than You and Sponsor (and each of the parties’ authorized representatives and agents), and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award (provided that the party seeking confirmation shall seek to file such records under seal to the extent permitted by law).

The arbitrator will render an award within the time frame specified in the applicable JAMS Rules and Procedures and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have the authority to award monetary damages on an individual basis only and to grant, on an individual basis, any non-monetary remedy or relief to the extent available under applicable law, JAMS’ rules and procedures, and these Rules. The parties agree that the damages and/or other relief awarded, if any, must be consistent with the terms of Section 15 (“Release, Indemnification, and Limitation on Liability”). The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No individual arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

Unless otherwise required by applicable law, JAMS Rules and Procedures will govern the amount You and Sponsor must pay to JAMS for arbitration fees, including with respect to any fee waivers. However, if the arbitrator determines that Your claim(s) were frivolous or asserted in bad faith, You understand and agree that consistent with this arbitration agreement, You may be required to reimburse Sponsor for arbitration fees (including attorneys’ fees) that Sponsor incurred to defend Your claim(s).

The parties further agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS Rules where it deems appropriate, provided that such modification does not increase the costs to You, and You waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction as provided in these Rules.

You are responsible for Your own attorneys’ fees, except to the extent otherwise provided by these Rules, JAMS Rules, and/or applicable law. Sponsor will not seek its attorneys’ fees and arbitration costs from You with respect to claims that You file, unless the arbitrator determines that Your claim is frivolous, or that You have engaged in conduct that is considered sanctionable under either JAMS Rules or Federal Rule of Civil Procedure 11. Sponsor may seek attorneys’ fees as provided by these Rules, JAMS rules, and/or applicable law for claims it pursues against You.

Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Notwithstanding the parties’ decision to resolve all Sweepstakes Disputes through arbitration, either party may bring an action in state or federal court (subject to these Rules, including the Choice of Law/Venue Section below) to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have Sweepstakes Disputes resolved in a small claims court if and to the extent the Disputes that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

Except where preempted by federal law, You agree that all Sweepstakes Disputes whether in arbitration or litigation (if excluded from arbitration under these Rules or non-arbitrable for any reason) shall be governed by New York law, excluding its conflicts of law provisions. You further agree that, except for any small claims court action permitted under Section 16(c), solely to the extent any Sweepstakes Dispute is not resolved under the arbitration agreement in these Rules—including any arbitration-related litigation such as a motion to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an award entered by an arbitrator—such dispute must be resolved exclusively by a court of competent jurisdiction, federal or state, located in New York County, New York, and no other court. You consent to the exercise of personal jurisdiction over You by such courts and to accept service of process from them.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out by mail sent to 270 Lafayette Street, New York, NY 10013, Attn: Legal, or by email to NPN@runfastracing.com. The notice must be sent within thirty (30) days of the date these Rules became effective or your first participation in the Sweepstakes, whichever comes later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Sponsor also will not be bound by them. However, even if you opt out of arbitration pursuant to this subsection 16(e), you will continue to be bound by other dispute resolution provisions in Section 16, including Sections 16(a), 16(d), and 16(f).

Sponsor will provide thirty (30) days’ notice of any material changes to this Section 16. Any such changes will go into effect 30 days after Sponsor provides this notice to You and will apply to all claims not yet filed regardless of when such claims may have accrued. If Sponsor changes this “Dispute Resolution” section after the date You first accepted these Rules (or accepted any subsequent changes to these Rules), such changes will apply to You only upon acceptance in accordance with the Sponsor’s applicable Platform terms or other legally sufficient notice and assent process.

For the identity of a Winner, please email a written request identifying the Race date, race track, and Horse to NPN@runfastracing.com with the subject line “Run Fast Racing, LLC Race Sweepstakes” within thirty (30) calendar days after the applicable Winner has been determined.

This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with, any brand, supplier, manufacturer, retailer, or other entity associated with a Prize.

Although the Sweepstakes may be publicized on social media platforms, including but not limited to Instagram, Facebook, TikTok, and X (formerly Twitter), the Sweepstakes is in no way sponsored, endorsed, administered by, or associated with such platforms. By participating in the Sweepstakes, each Entrant releases the foregoing social media platforms from any and all liability, claims, or actions arising out of or related to participation in the Sweepstakes or the acceptance or use of any Prize. Entrants acknowledge that any information provided in connection with the Sweepstakes is provided to Sponsor and not to any social media platform.