Treasure Adventures Hunt Terms and Conditions
PLEASE BE AWARE THAT THESE TERMS INCLUDE, AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Treasure Adventures Treasure Adventures Hunt (“Treasure Adventures Hunt”) is owned and operated by Treasure Adventures, LLC, a Pennsylvania limited liability company. Access to and the ability to participate in Treasure Adventures Hunt is subject to and conditioned solely on agreement to these Terms and Conditions.
- PARTICIPANT ELIGIBILITY
1.1.The purchase of a ticket to participate in a Treasure Adventures Hunt is open only to legal residents of the United States who are 18 years of age or older. The individual who purchases a ticket for a Treasure Adventures Hunt shall be considered the participant for purposes of the Treasure Adventures Hunt and shall be the only person eligible to submit a Claim for Reward (“Participant”). Participant must provide Treasure Adventures, LLC with their full legal name and address, and any additional information necessary to process the Claim for Reward.
1.2.Participant is responsible for ensuring strict compliance with all applicable Federal, State and Local laws and regulations. Participant agrees that Treasure Adventures, LLC shall not bear any liability for and agrees to release, indemnify and hold harmless from any losses, damages, claims, actions, and liability of any kind resulting from Participant’s engagement in a Treasure Adventures Hunt. Participant understands that Treasure Adventures Hunt is void wherever prohibited or restricted by law.
1.3.Employees of Treasure Adventures, LLC, any persons involved in the creation, development, or implementation of a Treasure Adventures Hunt, any other persons or entities directly associated with a Treasure Adventures Hunt, together with their immediate families or households, are not eligible to participate in a Treasure Adventures Hunt, or to purchase a ticket for a Treasure Adventures Hunt.
- TERMS OF PARTICIPATION
2.1.Participant understands and agrees that internet access, a valid email address, and the ability to send photographs to Treasure Adventures, LLC are required to participate in the Treasure Adventures Hunt.
2.2.Participant understands and agrees the Treasure Adventures Hunt is a treasure hunt that requires Participant to solve complicated riddle(s) to determine the location of a concealed object. Solving the riddle(s) requires skill and knowledge. When the riddle(s) are solved and the concealed object is located, Participant will be required to send a photograph of the concealed object to Treasure Adventures, LLC. The photograph must show both the concealed object and the location where the concealed object was hidden. A Participant who successfully solves the riddles, locates the concealed object and takes a photograph of the concealed object and the location where the concealed object was found, shall submit a Claim for Reward. For a Reward to be awarded to a Participant, such Participant must execute a Certification of Eligibility and Compliance with these Terms and Conditions, and a Liability Release, Indemnification and Hold Harmless Agreement from and against any claim or cause of action, including legal fees and expenses, by any individual or entity arising out of Participant’s participation in the Treasure Adventures Hunt, before such Participant can be declared the winner of a Treasure Adventures Hunt and awarded the Reward. Refusal to complete any of the aforementioned documents is a refusal to abide by these Terms and Conditions, and will result in the Participants’s forfeiture of the Reward and/or any prize that may have otherwise been awarded.
2.3.Participant understands and agrees they are expressly prohibited from using social media websites and/or applications that enable users to create and share content or to participate in social networking, including but not limited to Facebook, Instagram, Twitter, Snap Chat, Reddit, Tik Tok, etc, to assist in the Treasure Adventures Hunt. The use of such websites or applications is a violation of these Terms and Conditions and will result in the Participants’s forfeiture of any Reward and/or any prize that may have otherwise been awarded.
2.4.Participant understands and agrees that all information provided in connection with the Treasure Adventures Hunt is confidential and Participant, on behalf of themselves, their heirs and assigns, agrees that they will not publicly reveal riddles or clues to any third party. Publicly revealing any information will result in Participant’s forfeiture of any Reward and/or any prize that may have otherwise been awarded, and may result in legal action.
2.5.Participant understands and agrees that they will, at all times during the Treasure Adventures Hunt, maintain safe and appropriate contact with other participants and other people they may encounter. Participant will not harass, threaten, or otherwise violate the legal rights of others. Participant will not trespass, or in any manner attempt to gain access to any property or location which they do not have a right or permission to access, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. Participant assumes all risks relating to their communications and interactions with other individuals at all times. Participant understands and acknowledges that Treasure Adventures, LLC does not screen or inquire
into the background of any other participants, and makes no representations or warranties as to the conduct of participants.
2.6.Participant understands and agrees that Treasure Adventures, LLC has the right to cancel, suspend, and/or modify the Treasure Adventures Hunt, or any part of it, for any reason, or if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the Treasure Adventures Hunt. If the Treasure Adventures Hunt is terminated, no winner will be declared and Treasure Adventures, LLC will refund the Participant’s entry fee, less actual refund processing fees, for the cancelled Treasure Adventures Hunt and will not award any prize(s).
2.7.Participant understands and agrees that Treasure Adventures, LLC may disqualify any Participant who tampers or interferes with the Treasure Adventures Hunt in any way, or taking any action that violates these Terms and Conditions or the Official Rules. Such behavior may be also be subject to criminal and/or civil law sanctions and Treasure Adventures, LLC reserves the right to seek damages and remedies (including costs and attorneys’ fees) for any such violation. Failure to enforce any term of these Terms and Conditions or the Official Rules shall not be considered a waiver of any right or remedy by Treasure Adventures, LLC.
- COLLABORATIONS
3.1.Participant may, in Participant’s sole discretion, choose to collaborate efforts with other persons, provided that such collaboration must occur in the physical presence of the Participant. Participant may share information provided in connection with the Treasure Adventures Hunt to such in-person collaborators, provided such sharing is done in
person and privately.
3.2.Participant acknowledges and agrees they are solely responsible for ensuring each of the collaborating individuals complies with these Terms and Conditions and the Official Rules. Participant acknowledges that only Participant shall be eligible to make a claim for the Reward.
3.3.Participant is solely responsible for the actions of any such collaborators and Participant agrees to release, indemnify and hold harmless Treasure Adventures LLC from and against any claim or cause of action, together with costs and legal fees, by any collaborator associated with Participant, including but not limited to damage to or loss of property arising out of collaborator’s participation in the Treasure Adventures Hunt, pursuant to the terms of Paragraph 6 below.
3.4.Participant understands and agrees that the use of social media websites and/or applications any collaborator who assists Participant with the Treasure Adventures Hunt
is a violation of these Terms and Conditions and will result in the Participants’s forfeiture of the Reward and/or any prize that may have otherwise been awarded.
- TAXES
4.1.Participant shall be responsible for complying with any and all applicable federal, state and local statutes, laws, rules and regulations. Without limiting the foregoing, Participant shall be responsible for bearing any personal income tax, withholding taxes, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting the Reward and/or any prize that may be awarded. Participant is hereby expressly informed of the liability to pay all taxes on any Reward and/or prize received, and Treasure Adventures LLC shall have no responsibility or liability therefore. Participant may receive an IRS Form 1099 for the year in which a Reward and/or prize is awarded.
4.2.Any Reward and/or prize that is returned to Treasure Adventures, LLC as undeliverable or otherwise not claimed within fifteen (15) days after delivery of notification will be forfeited. Reward and/or prizes are not transferable and will only be issued to Participant.
- CLAIM FOR REWARD
5.1.The Participant who (1) successfully solves the riddle(s), (2) is the first Participant to locate and take physical possession of the concealed object and (3) takes a photograph of the concealed object that reveals the code included on the concealed object and includes images that identify the location where the concealed object was found, shall be eligible to submit a Claim for Reward. Submission of a Claim for Reward shall be made in the form and following the process identified in the Official Rules.
5.2.Treasure Adventures, LLC shall bear no responsibility or liability for submissions, correspondence, or attempted Claims for Reward that are late, lost, incorrectly submitted, or otherwise misdirected, or not submitted in accordance with the Official Rules.
5.3.Treasure Adventures, LLC may require Participant to verify eligibility and compliance with these Terms and Conditions. Failure to verify such eligibility and compliance will result in the Participants’s forfeiture of the Reward and/or any prize that may have otherwise been awarded.
- LIABILITY WAIVER, RELEASE AND INDEMNIFICATION
6.1.Participant acknowledges and agrees that their Claim for Reward, and all related pictures and materials created in or arising out of such submission, and all rights, title and interest in and to them shall be and hereby are, effective upon creation, assigned to and become the property of Treasure Adventures, LLC. Without limiting the foregoing, Participant
grants to Treasure Adventures, LLC an irrevocable, royalty-free, worldwide, perpetual right (and if necessary, license) to edit, re-edit, adapt, modify, reproduce, promote, distribute create derivative works and otherwise use such Claim for Reward, all related pictures and materials in any way it sees fit in any form or media whether now or hereafter known or developed. Participant hereby gives Treasure Adventures, LLC and its agents and assignees, full permission and authority to use, publish and display such claim and all related pictures and materials, as well as any additionally requested documentation, Participant’s name, voice, and photograph or other likeness for advertising or other related purposes in any media whether now or hereafter known or developed without additional compensation. Participant acknowledges and agrees to obtain a release, containing the provisions above, from any collaborator.
6.2.Treasure Adventures LLC is not responsible for any loss or damage to clothing, footwear, property or personal effects. Participant is responsible for their own safety, and the safety of all collaborators, throughout the Treasure Adventure Hunt. Participant shall ensure compliance with all Federal, State, and local laws, rules and regulations. To the extent permitted by law, Participant, on behalf of themselves and their heirs, successors and assigns, agrees to release, defend, indemnify and hold harmless Treasure Adventures, LLC, its officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any and all claims, demands, losses and causes of action for any damages, including without limitation, all consequential, punitive and incidental damages, liability, loss, cost, fees (including attorneys’ fees), however such claims may arise, including, without limitation, damage to person, personal or real property, due, in whole or in part, directly or indirectly, by reason of Participant’s participation in the Treasure Adventure Hunt, acceptance, possession, use, misuse or misunderstanding of any portion of the Treasure Adventure Hunt or activities related thereto whether any such cause of action is caused in whole or in part by the acts, omission, negligence or misconduct of any of the Related Parties. Further, Participant agrees to to release, defend, indemnify and hold harmless the Released Parties from losses, damages or injuries to Participant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any Treasure Adventures Hunt, violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and any typographical, human or other error in the printing, offering, selection, operation or announcement of any Treasure Adventures Hunt. Participant agrees that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone or data network, computer online system, computer dating mechanism, computer equipment, software, social media platform, or Internet service provider utilized by Treasure Adventures, LLC; interruption or inability to access the website, application or any online service via the Internet due to hardware or software compatibility problems; any damage to Participant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the Treasure
Adventures Hunt; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Participant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the Treasure Adventures Hunt and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge 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 reward. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the platform used for purposes of administering this Treasure Adventures Hunt that may interfere with the Treasure Adventures Hunt or ability of Participant to timely enter, receive notices, or communicate with Treasure Adventures, LLC, in which case Treasure Adventures, LLC, in its sole discretion, may terminate or modify the Treasure Adventures Hunt.
6.3.If a Treasure Adventures Hunt becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way, or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure, or any other cause created by the Released Parties, a Participant, or by any of the equipment or programming associated with or utilized in the Treasure Adventures Hunt, Treasure Adventures, LLC reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the Treasure Adventures Hunt or any Treasure Adventures Hunt offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and determine whether a Claim for Reward may be made from valid entry(ies) received for the Treasure Adventures Hunt prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God or public enemy; an act or threat of terrorism, war (declared or undeclared), riot or civil commotion, fire, flood, natural or man-made epidemic of health or other means, earthquake, explosion, labor dispute or strike, riot or civil disturbance, public health crisis (e.g. Covid-19, SARS, Ebola, Measles), casualties, satellite or equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); order or any court or jurisdiction; or any other cause not reasonably within the control of Treasure Adventures, LLC.
- DISPUTES
7.1.Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. These rules and any amendment of them shall apply in the form in effect at the time the administrative requirements are met for a Demand for Arbitration or Submission Agreement received by the AAA. Any disputes regarding which AAA rules shall apply shall be decided by the AAA. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator
- GOVERNING LAW AND JURISDICTION
8.1.These Terms and Conditions are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in York County, Pennsylvania or federal court having jurisdiction therein. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.
- MISCELLANEOUS
9.1.These Terms and Conditions, together with the Official Rules, constitute the entire agreement between Treasure Adventures, LLC and Participant. Participant may not amend any provision herein, or assign any rights granted herein, in whole or in part, without the prior written consent of Treasure Adventures, LLC, and any purported assignment in violation of this provision shall be null and void. Treasure Adventures, LLC may assign or otherwise transfer all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which the Terms and Conditions and the Official Rules relate.
9.2.These Terms and Conditions, together with the Official Rules, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision herein is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision herein shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.