TERMS AND CONDITIONS FOR ATTENDEES OF THE ENTHUSIAST SHOWCASE 2024

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY AND IN ITS ENTIRETY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY CHOOSING A TICKET TO ATTEND THE ENTHUSIAST SHOWCASE 2024, WHETHER BY PURCHASE OF AN INDIVIDUAL TICKET OR AS INCLUDED WITH VEHICLE REGISTRATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. BY CHOOSING TO ATTEND THE ENTHUSIAST SHOWCASE 2024 YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

These terms and conditions (these “Terms”) apply to the purchase of tickets to, attendance at, and participation in, the two-day Enthusiast Showcase (the “Showcase”) at the Pocono Raceway in Pennsylvania (“Venue”), presented by Enthusiast Events, LLC (“Organizer”). Sponsors of the event include SD Wheel Corp. and its affiliates, including, among others, Fitment Industries, Custom Offsets, Trailbuilt Offroad and Function Powersport (“Sponsor”). These Terms are subject to change by the Organizer without prior notice or consent in Organizer’s sole discretion.

1. Tickets.  Access to the Showcase can only be obtained by showing a valid ticket. A ticket gives the holder the right to attend the Showcase. At the time of purchase, you assume all risk of loss, theft, damage or misuse of the ticket. Neither Organizer or any Sponsor assume any legal, financial, or other liability whatsoever for any lost, stolen or destroyed tickets. Access is given only to the first holder of the ticket scanned at the entrance of the Showcase. Tickets can be purchased at the following link: https://enthusiastshowcase.com/product/enthusiast-showcase-pass/.

Tickets purchased from unauthorized sales channels or third parties may be forged, lost or stolen. Such tickets will be considered void and will not be honored. If you choose to purchase a ticket from a third party, you assume full responsibility for ensuring such ticket is valid.

2. General Assumption of Risk.  You understand and acknowledge that attending and participating in the Showcase involves inherent risks, including but not limited to the risk of bodily harm, property damage, and other hazards. By attending the Showcase, you voluntarily agree to assume the full risks of death, bodily injury or property damage, regardless of the severity, that may be sustained as a result of or incidental to your attendance at the Showcase.

Organizer, Sponsor and Venue shall not be held legally, financially, or otherwise responsible for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere at the Showcase or Venue.

3. Cancellations and Refunds.  TICKETS ARE NONREFUNDABLE. Once the Showcase begins, all scheduled days of the Showcase shall be deemed to have been fully delivered in their entirety and shall not be subject to any refunds, whether full or partial, credits, rebates, future benefits or price adjustments of any kind. 

(a)   Cancellation.  If the Showcase is cancelled, either in whole or in part, for any reason whatsoever, Organizer shall, in its sole and absolute discretion, have the right, but not the obligation to, either (a) issue a full or partial refund or (b) reschedule the Showcase or a portion thereof.  

(b)   Force Majeure.  If the Showcase is cancelled in whole or in part due to a Force Majeure Event (as defined below), you will not be entitled to a refund. Notwithstanding the foregoing, Organizer may issue, at its sole and absolute discretion, a partial or full refund of your ticket or registration fees.

A “Force Majeure Event” shall mean an act of God; act of terrorism; flood, hurricane, tsunami or other natural disaster; war; strike or other labor condition dispute; an order or injunction from a court or administrative body or any other act of public authority; severe weather; pandemic, epidemic or other health crisis; local, statewide, or national state of emergency; or similar contingency or other unexpected event.   

(c)   Inclement Weather.  You acknowledge and agree that inclement weather is outside of the control of Organizer and shall not constitute the basis for a refund of any kind.

4. Prohibited Items and Illegal Substances.  As a condition of entry to the Showcase, you agree to submit to any reasonable search of your person or personal property by Organizer and its agents and employees, as well as to the confiscation of any Prohibited Items. For purposes of these Terms, “Prohibited Items” include: (a) firearms, knives or weapons of any description; (b) glass bottles; (c) alcoholic beverages; (d) illegal drugs; (e) fireworks and other explosives; and (f) any item that may be used in a dangerous or threatening matter, as determined by Organizer in its sole discretion.

Any person found in possession of any Prohibited Items may be denied entry and/or removed from the Showcase, and police may be called to attend as Organizer deems necessary. Organizer has the right to confiscate any Prohibited Items and does not assume any liability for the security of such Prohibited Items.

5. Refusal of Entry; Removal.  Organizer reserves the right to refuse entry to the Showcase, or to remove from the Showcase, any person as Organizer, in its sole discretion, as deemed necessary to maintain order and ensure the safety of all attendees. Among others, access to the Showcase may be refused to any person who (a) is in possession of any Prohibited Items; (b) is clearly under the influence of illegal drugs or other illegal substances; (c) is clearly suffering from alcohol or other substance intoxication; (d) is demonstrating an intent to disturb the peace or to provoke another to do so; or (e) engages in fighting or otherwise disruptive behavior.

6. Attendee Conduct.  Organizer maintains a ZERO-TOLERANCE POLICY regarding illegal or illicit drug use, unlawful activities or other misconduct in and around the Showcase. As a condition of entry to, and attendance of, the Showcase, you agree to conduct yourself in a safe, civil and respectful manner in relation to Organizer, Sponsor, Venue, and any employees or agents thereof, as well as other attendees. In addition, you agree to comply with all rules, regulations and safety guidelines provided by Organizer and understand that failure to comply may result in your removal from the Showcase.

7. Vehicle Registration. Any vehicles to be displayed at the Showcase or to be used in any of the Showcase Events, as defined in Section 8, must be registered in advance with the Organizer. Upon registration, your vehicle will be deemed a “Registered Vehicle” in accordance with these Terms. In registering your vehicle, you represent and warrant that the information you have submitted is true, accurate and complete and that you did not use any false information, including contact information. In addition, you certify that the vehicle being registered complies with any and all legal requirements. You can register your vehicle at the following link: https://enthusiastshowcase.com/product/show-vehicle-registration/.

8. Event Participation.  The Showcase features multiple events, including drift pits (the “Drift Pit”), off-road courses (the “Off-Road Course”) and burnout pits (the “Burnout Pit”) (each individually a “Showcase Event” and, together, the “Showcase Events”), in which attendees may participate in accordance with these Terms and any other rules or regulations set forth by Organizer at the Showcase. In the event you choose to participate, you agree to, and acknowledge, the following:

(a)   Assumption of Risk; Waiver.  Participation in the Showcase Events involves additional inherent risk, including but not limited to the risk of bodily harm. In choosing to participate any Showcase Event, you voluntary assume all risks associated with participation. Prior to your participation you will be required to sign a liability waiver in which you will reaffirm your understanding of the risks involved and agree to assume such risks. This waiver may be provided to you by Organizer, Sponsor, or any third-party vendor pursuant to Section 8(e).

(b)   Vehicle Requirements.  Only Registered Vehicles can be used to participate in the Showcase Events. You certify the Registered Vehicle is in safe, operable condition, is adequately insured and is fully equipped to participate the Showcase Event. Prior to participation, all Registered Vehicles will be inspected and any Registered Vehicle that is deemed to be unsafe will not be allowed to participate until all safety requirements have been met

(c)   Driver Requirements. All drivers participating in a Showcase Event must possess a valid driver’s license. As a condition to participation in any Showcase Event, you must be in a condition in which you are legally able to operate a vehicle. Any driver found to be in unfit or unsafe condition, in the sole discretion of Organizer, Sponsor or any third-party vendor in charge of the Showcase Event, will be prohibited from participating in the Showcase Events.

(d)   Passengers. Whether or not passengers are allowed when participating in the Showcase Events is determined by the rules and regulations established for each individual Showcase Event. If passenger participation is allowed, any and all passengers are required to comply with the conditions of participation set forth in this Section.  

(e)   Third-Party Vendors.  The Drift Pit and Burnout Pit will be operated by third-party vendors. As a condition to your participation in, or observation of, either the Drift Pit or Burnout Pit, you agree to be bound by any and all terms, conditions and regulations set forth by such third-party vendors.

9. Photo/Video Policy; Media Release.  You may take photos and shoot video for personal, non-commercial use, with personal cameras. You may not use any photos, videos, or other media taken during the Showcase for commercial purposes without the written consent of Organizer. The use of drones is strictly prohibited absent special written permission from Organizer.

By attending the Showcase, you grant Organizer and Sponsor the irrevocable and unrestricted right to use and publish photographs, videos or other media taken during the Showcase, including but not limited to images of your vehicle, your name, likeness, and any other identifiable features, for promotional, marketing, or informational purposes without compensation or approval.

10. Emergency Medical Treatment.  In the event of a medical emergency, you hereby consent to receive medical care and transportation at your cost as is deemed reasonably appropriate or necessary in the reasonable discretion of Organizer staff, security, police or medical professionals. You hereby agree to release and not hold responsible Organizer from any liability arising out of, or in connection with, the actions or omissions of the Organizer related to your medical care.

11. Liability Release.  To the maximum extent permitted by law, Organizer, Sponsor and Venue shall not be liable for any loss, injury, or damage to any person or property in association with the Showcase, however caused. You hereby waive, discharge, hold harmless and covenant not to sue Organizer, Sponsor or Venue from any and all liability arising out of or in connection with the Showcase, for any claims, causes of actions, obligations, lawsuits, charges, complaints, controversies, damages, costs or experiences of whatsoever kind.

12. Compliance with Laws and Regulations.  You agree to comply with any and all applicable laws, regulations, ordinances and event guidelines throughout the duration of the Showcase.

13. Indemnification.  You hereby indemnify and agree not to hold responsible Organizer, Sponsor, Venue, and each of their respective representatives, officers, directors, owners, members, agents, employees, successors and assigns, from any loss, liability, damage or cost in any way arising out of or related to your actions and omissions at, around, or while traveling to and form, the Showcase.

14. Governing Law.  These Terms shall be exclusively governed and construed in accordance with the laws of the State of Pennsylvania.   

15. Dispute Resolution and Binding Arbitration.  

(a)   You acknowledge and agree that you and Organizer are agreeing to give up any rights to litigate claims in a court or before a jury with respect to any disputes arising from or relating to these Terms or your attendance at the Showcase.  

Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and Organizer arising from or relating in any way to your attendance at the Showcase shall be resolved exclusively and finally by binding arbitration.

(b)   The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. 

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

(c)   You agree to an arbitration on an individual basis. In any dispute, neither you nor Organizer will be entitled to join or consolidate claims by or against other attendees of the Showcase in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. 

(d)   If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. 

16. Assignment.  Organizer shall have the right to assign or delegate any or all of its rights, interests or duties under these Terms without prior notification or your consent. You do not have the right to assign any of your respective rights or interests under these Terms without the prior written consent of Organizer.
17. No Waiver. Organizer’s failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Organizer.
18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.