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Stewart-Haas Racing files suit against sponsor of Danica Patrick’s team

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Stewart-Haas Racing filed a breach of contract lawsuit against Nature’s Bakery, the sponsor of Danica Patrick‘s team, Friday in North Carolina Superior Court.

The Associated Press first reported the suit.

Stewart-Haas Racing seeks $31.7 million in actual damages, plus interest. Nature’s Bakery was to pay $30.4 million of base fees for the remaining two years of the contract, along with another $1 million in other fees.

Stewart-Haas Racing stated in the lawsuit that the actions of Nature’s Bakery “set SHR up for a devastating loss of revenue just before the beginning of the 2017 race season; and rendered it nearly impossible for SHR to have any reasonable hope of mitigating its damages.”

Stewart-Haas Racing issued a statement Friday night:

“Nature’s Bakery is in material breach of its contract with Stewart-Haas Racing. It is an unfortunate situation, as the team has delivered on all aspects of its contract and was prepared to do so again in 2017. Ultimately, this is a situation that will be resolved in a court of law.

“Stewart-Haas Racing remains focused on its preparation for the 2017 NASCAR season where it will again field four entries in the Monster Energy NASCAR Cup Series while also introducing a full-time NASCAR Xfinity Series team. The litigation with Nature’s Bakery will not impact the organization’s on-track efforts.”

Stewart-Haas Racing stated in the complaint that “this is an action to recover substantial damages from the Defendants’ unfair trade practices and associated intentional and bad faith breaches of a multi-year primary sponsorship agreement associated with the #10 SHR race team.”

Stewart-Haas Racing stated in the complaint that after Nature’s Bakery expressed interest in 2015 in sponsoring Patrick’s team, the organization “expressed significant concern that Nature’s Bakery would be unable to afford a primary sponsorship of the magnitude it requested. Mr. (David) Marson, for himself, and the Marsons, for the Marson Trust, and Nature’s Bakery, provided repeated assurances that Nature’s Bakery had the cash flow and funds to meet all financial requirements of the proposed sponsorship agreement.”

The suit states that for the 2016 season, Nature’s Bakery was to pay $15,212,000 to sponsor the team. It was to pay the team $5 million on or before Oct. 1, 2015; $3,404,000 on or before Feb. 1, 2016; $3,404,000 on or before May 1, 2016; and $3,404,000 on or before July 1, 2016.

For 2017, Nature’s Bakery was to pay $15,212,000 to sponsor the team with the same type of payment schedule.

For 2018, Nature’s Bakery was to pay $15,212,000 to sponsor the team with the same type of payment schedule.

The complaint states with the contract set, Stewart-Haas Racing moved forward on other matters, including signing Patrick to a multi-year agreement that goes through the 2018 season.

The complaint states that “soon after executing the Sponsorship Agreement, Mr. Marson and Joe Marshall (Nature’s Bakery Chief Financial Officer) reached out to SHR executives, and stated that Nature’s Bakery was having cash flow issues, and asked if the payment amounts and deadlines in the Sponsorship Agreement could be modified to assist Nature’s Bakery with its cash crunch.”

Stewart-Haas Racing changed the payment schedule for 2016 for Nature’s Bakery to pay $2.5 million on or before Oct. 1, 2015;  $1 million on or before the 15th of each month from January to May 2016; and $1.928 million on or before the 15th of each month from June to September.

For 2017, the payment schedule was adjusted to $2.5 million on or before Oct. 1, 2016; $2.5 million on or before Dec. 1, 2016; and $3.4 million on or before the first day of February, May and July 2017.

Among the many extra benefits Stewart-Haas Racing provided Nature’s Bakery, according to the lawsuit, were two additional races free in 2016 when both Patrick’s car and the No. 14 car of Tony Stewart had Nature’s Bakery as a primary sponsor at the Dover race in October. The team also stated in the lawsuit that Stewart-Haas Racing helped Nature’s Bakery avoid track fees for activation access and “upon learning of the mold outbreak in Defendants’ product, SHR worked to open and dispose of many samples of Nature’s Bakery products that contained heavy mold, to avoid fans from receiving tainted product (and the resulting reputational issues that would surely follow).”

Stewart-Haas Racing states that Nature’s Bakery reached out to the team in late summer 2016 to modify the base fee payment terms, “representing that modification was again necessary due to Nature’s Bakery’s internal cash flow issues.”

The payment schedule was again changed. Nature’s Bakery was to pay Stewart-Haas Racing $1 million on before the 15th of each month from January to March 2017 and $2,042,400 on or before the 15th of each month from April to August 2017 and $1 million on or before the 15th of September and October 2017. The 2018 payment schedule also was adjusted.

Stewart-Haas Racing accused Nature’s Bakery of concocting “a scheme to avoid further payments” by claiming that Patrick had endorsed competing products and did not use her social media presence enough to promote Nature’s Bakery. Stewart-Haas Racing states in the complaint that “these claims are false.”

Stewart-Haas Racing states that “the thrust of Nature’s Bakery’s complaints about Danica Patrick supposedly endorsing competing products is her personal endorsement of Six Star Pro Nutrition’s protein powder. Protein powder is not competitive with fig bars or brownies. Furthermore, Danica Patrick had been endorsing Six Star Pro Nutrition’s protein powder, publicly, for many months prior to the execution of (the) Sponsorship Agreement, and continued to do so afterwards.

“Never once did Defendants claim that her doing so amounted to a breach of the Sponsorship Agreement (nor could it, because, again, the protein powder is not a competing product).  … Danica Patrick never endorsed Six Star Pro Nutrition’s protein bars. Worse, Nature’s Bakery “liked” numerous of Danica Patrick’s Instagram posts regarding Six Star Pro Nutrition and other protein powders. Clearly, even Nature’s Bakery did not consider Danica Patrick to be endorsing a competing product, until it decided to drum up reasons to terminate the Agreement.”

The suit says Nature’s Bakery sent a letter to Stewart-Haas Racing on Jan. 19 seeking its desire to terminate the sponsorship agreement.

Stewart-Haas Racing stated in the lawsuit: “In every respect, SHR complied with its obligations under the Sponsorship Agreement.

“In every respect, Defendants materially breached their obligations under the Sponsorship Agreement, and did so using unfair, deceptive, manipulative and bad faith tactics.

“Left with no options to protect its rights and interests, SHR files this action seeking to recover all amounts due pursuant to the Sponsorship Agreement, plus interest, and all other damages.”

Nature’s Bakery served as the primary sponsor on Patrick’s car for 27 points races last year along with what was called the Sprint Unlimited and the Sprint All-Star Race. Nature’s Bakery was to have served as the primary sponsor of Patrick’s team for a minimum 25 races this season, according to the lawsuit.

Patrick appeared at last week’s NASCAR Media Tour in her TaxAct uniform instead of a Nature’s Bakery uniform, raising questions about the company’s primary sponsorship of her team.

The Nature’s Bakery website does not contain references to Patrick, Stewart-Haas Racing or NASCAR.

Messages to representatives of Nature’s Bakery about this matter have yet to be returned.

Click here to view the lawsuit

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Glow in the dark: Cup cars get new look for All-Star Race

All-Star Race
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Wednesday’s NASCAR All-Star Race will be a little brighter than expected.

NASCAR announced Thursday that the exhibition night race at Bristol Motor Speedway will see certain competitors racing with underglow lights on their cars.

Cars that have automatically qualified for the event will have the lights.

Drivers who have already clinched an All-Star Race spot: Ryan Blaney, Alex Bowman, Kurt Busch, Kyle Busch, Chase Elliott, Justin Haley, Denny Hamlin, Kevin Harvick, Jimmie Johnson, Erik Jones, Matt Kenseth, Brad Keselowski, Joey Logano, Ryan Newman and Martin Truex Jr.

The light placement was first seen on Chip Ganassi Racing cars at Champion’s Week 2019 in Nashville during a burnout competition.

The best looking NASCAR burnout you'll ever see.

This might be the best looking NASCAR burnout you’ll ever see. 💨Monster Energy | Kurt Busch

Posted by Chip Ganassi Racing on Wednesday, December 4, 2019

The lights are the latest change NASCAR has made for the event, which will be held at Bristol Motor Speedway for the first time.

The race will feature the introduction of the choose rule. The rule designates a spot on the track where a driver must select if they wish to restart on the inside lane or outside lane.

Cars will also have special paint schemes that shift the numbers on the side of the cars over for sponsor placement.

Here is what upcoming NASCAR Cup races fans can attend

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Wednesday saw NASCAR announce the remaining regular season schedule for all three national series, including six Cup Series races.

In total, 10 Cup points races and the All-Star Race remain in the regular season, beginning with Sunday’s race at Kentucky Speedway (2:30 p.m. ET on FS1).

Due to the ongoing COVID-19 pandemic, not all tracks are allowing fans to attend.

Here are the fan policies for the remainder of the Cup Series regular season.

Kentucky Speedway (Sunday)

Fans will not be allowed to attend.

 

All-Star Race at Bristol Motor Speedway (July 15)

Up to 30,000 fans will be allowed to attend the race.

 

Texas Motor Speedway (July 19)

Fans making up to 50% of the track’s capacity will be allowed to attend.

 

Kansas Speedway (July 23)

Fans will not be able to attend.

 

New Hampshire Motor Speedway (Aug. 2)

Roughly 19,000 fans will be able to attend.

 

Michigan International Speedway (Aug. 8-9)

Fans will not be able to attend.

 

Daytona International Speedway (Aug. 16 and Aug. 29)

“We’re working towards having fans and hopefully we’ll have some news on when we’re going to go on sale in the next couple of days,” said track president Chip Wile Thursday on SiriusXM NASCAR Radio’s “The Morning Drive.”

 

Dover International Speedway (Aug. 22 – 23)

Speedway officials remain in consultation with local, state and federal health officials, as well as Delaware Gov. John Carney, on whether fans will be allowed in the stands with appropriate social distancing for the August events.

Weekend schedule for Kentucky Speedway

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NASCAR heads to the Bluegrass State this week for four days of racing at Kentucky Speedway.

All three national series will be in action, plus the ARCA Menards Series, for five races. The Xfinity Series will hold two races for its second doubleheader of the season.

According to wunderground.com, the forecast for the start of each race is:

Thursday Xfinity race: Partly cloudy, 86 degrees and a 20% chance of rain.

Friday Xfinity race: Scattered thunderstorms, 80 degrees and 37% chance of rain.

Saturday Truck Series race: Partly cloudy, 86 degrees and 0% chance of rain.

Sunday Cup race: Scattered thunderstorms, 84 degrees, 40% chance of rain.

Here is the full weekend schedule for Kentucky Speedway.

(All times are Eastern)

Wednesday, July 8

3:30 p.m. – Xfinity rookie meeting (electronic communication)

5 p.m. – Xfinity driver-crew chief meeting (electronic communication)

5:30 – 7:30 p.m. – Driver motorhome parking (screening in progress)

Thursday, July 9

11 a.m. – 1 p.m. – Xfinity haulers enter (screening in progress)

1 – 10:30 p.m. – Xfinity garage access (screening in progress)

6 – 7:30 p.m. – Xfinity engine prime and final adjustments (pit road)

7:50 p.m. – Xfinity drivers report to cars

8 p.m. – Xfinity race No. 1; 134 laps/201 miles (FS1, Performance Racing Network, SiriusXM NASCAR Radio)

Friday, July 10

10:30 a.m. – 7:30 p.m. – Xfinity garage access (screening in progress)

Noon – ARCA driver/crew chief/spotter meeting (electronic communication)

12:30 p.m. – ARCA rookie meeting (teleconference)

1 p.m. – ARCA crew chief meeting (teleconference)

4 – 5 p.m. – ARCA haulers enter (screening in progress)

5 – 5:30 p.m. – Truck Series rookie meeting (teleconference)

5:30 p.m. – Trucks driver/crew chief meeting (electronic communication)

6 – 7:30 p.m. – Xfinity engine prime and final adjustments (pit road)

7:50 – Xfinity drivers report to cars

8 p.m. – Xfinity race No. 2; 200 laps/300 miles (FS1, Performance Racing Network, SiriusXM NASCAR Radio)

Saturday, July 11

7 a.m. – 2 p.m. – ARCA garage access (screening in progress)

8 – 10 a.m. – Truck series haulers enter (screening and equipment unload)

10 a.m. – 5:30 p.m. – Truck garage access (screening in progress)

Noon – 1 p.m. – ARCA practice

2:20 p.m. – ARCA drivers report to cars

2:30 p.m. – ARCA race; 100 laps/150 miles (FS1)

4 – 5:30 p.m. – Trucks engine prime and final adjustments (garage area)

4:40 – 5:30 p.m. – ARCA haulers exit

5 p.m. – Cup driver/crew chief meeting (electronic communication)

5:30 p.m. – Cup rookie meeting (electronic communication)

5:50 p.m. – Truck drivers report to vehicles

6 p.m. – Truck race; 150 laps/225 miles (FS1, Motor Racing Network, SiriusXM NASCAR Radio)

6:30 – 8:30 p.m. – Cup haulers enter (screening and equipment unload)

8:30 p.m. – Truck haulers exit

Sunday, July 12

7:30 a.m. – 2 p.m. – Cup garage access (screening in progress)

12:30 – 2 p.m. – Engine prime and final adjustments on pit road

2:20 p.m. – Cup drivers report to cars

2:30 p.m. – Quaker State 400; 267 laps/400.5 miles (FS1, PRN, SiriusXM NASCAR Radio)

6:30 p.m. – Cup haulers exit

Thursday night’s Xfinity race at Kentucky: Start time, forecast and more

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A stretch of five races in four days at Kentucky Speedway begins Thursday night with the first of two Xfinity Series races.

It will mark the second doubleheader of the year for the Xfinity Series.

Can Chase Briscoe keep up a winning pace that’s seen him win three times in the last four races (and five overall thus far in the season’s first 13 races)?

Here’s all the info you need for Thursday night’s race:

(All times are Eastern)

START: The command to start engines will be at 8:13 p.m by Shady Rays CEO Chris Ratterman. The green flag is scheduled to wave at 8:24 p.m.

PRERACE: Garage access health screening begins at 1 p.m. (teams are assigned specific times). Engine prime and final adjustments are at 6 p.m. Drivers report to their cars at 7:50 p.m. The invocation will be given at 8:05 p.m by Jason Romano. The national anthem will be performed at 8:06 p.m. by Matthew Grant.

DISTANCE: The race is 134 laps (201 miles) around the 1.5-mile speedway.

STAGES: Stage 1 ends on Lap 30. Stage 2 ends on Lap 60.

TV/RADIO: FS1 will televise the race. Its coverage begins at 7:30 p.m. Performance Racing Network’s coverage will begin at 7:30 p.m. and also can be heard at goprn.com. SiriusXM NASCAR Radio will carry PRN’s broadcast.

FORECAST: The wunderground.com forecast calls for partly cloudy skies, a high of 86 degrees and a 24% chance of rain predicted at the start of the race.

LAST RACE: Chase Briscoe defeated Justin Haley and Noah Gragson to win on the Indianapolis road course.

LAST RACE AT KENTUCKY: Cole Custer beat Christopher Bell and Tyler Reddick.

STARTING LINEUP: Click here for lineup