Terms and Conditions

TextTricky Treasures, Inc.
Gold Ticket Treasure Hunt
Official Rules
INTERNET ACCESS AND A VALID EMAIL ADDRESS ARE REQUIRED TO PARTICIPATE.
WINNERS MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS
AND SIGN DOCUMENTS, SUCH AS A RELEASE, AS DETAILED BELOW.
OPEN TO RESIDENTS OF THE UNITED STATES, INCLUDING THE DISTRICT OF
COLUMBIA, WHO ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY. SEE
ELIGIBILITY REQUIREMENTS BELOW FOR MORE DETAILS. BY ENTERING,
PARTICIPANTS AGREE THAT THE SPONSOR SHALL NOT BEAR ANY LIABILITY FOR,
AND PARTICIPANTS AGREE TO RELEASE, INDEMNIFY AND HOLD SPONSOR
HARMLESS FROM ANY LOSSES, DAMAGES, CLAIMS, ACTIONS AND ANY LIABILITY OF
ANY KIND RESULTING FROM PARTICIPATION. VOID WHERE PROHIBITED OR
RESTRICTED BY LAW. ALL APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND
REGULATIONS APPLY. THE TREASURE HUNT IS VOID IN GUAM, PUERTO RICO, THE
U.S. VIRGIN ISLANDS AND WHEREVER RESTRICTED OR PROHIBITED BY LAW.
SPONSOR: Tricky Treasures, Inc., 600 Broad Street, Suite 5, Middletown, DE 19709.
SPONSOR’S WEBSITE: http://thegoldticket.com/
PROMOTION DESCRIPTION: The Tricky Treasures Treasure Hunt (the “Treasure Hunt”) is
conducted by solving a riddle or series of riddles (the “Riddles”) for one of multiple hunts (each a
“Gold Ticket Treasure Hunt”) and one final game to solve a riddle or series of riddles (the
“Ultimate Treasure Hunt”) and is conducted in the United States (the “Territory”) each beginning
on the date and time posted on the Sponsor’s Website (the “Treasure Hunt Period”). Multiple
Gold Ticket Treasure Hunts are conducted simultaneously as part of the Treasure Hunt. Void
where prohibited. Each Gold Ticket Treasure Hunt, and the Ultimate Treasure Hunt are all
governed by these Official Rules and any other terms and conditions established by the
Sponsor and communicated to the Participant during the Treasure Hunt Period.
WHO IS ELIGIBLE TO PARTICIPATE: This Treasure Hunt is open to legal residents of the
United States, including the District of Columbia, who are at least eighteen (18) years of age, or
the age of majority in their jurisdiction of residence, as of the date of entry (“Participant”).
Participants who reside outside of the United States are solely responsible for complying with all
laws that may be applicable to the Participant’s participation in the Treasure Hunt in his or her
jurisdiction, including obtaining any required permits or authorizations. For individuals who are
less than the age of majority in their state of residence, you may not participate. Employees of
the Sponsor; Prize provider(s); any promotional companies or advertising agencies participating
in the Treasure Hunt and employees of their respective affiliates and subsidiaries; any persons
involved in the creation, development, or implementation of this Treasure Hunt; and any other
persons or entities directly associated with this Treasure Hunt and any members of their
immediate families or households are ineligible to participate. Entries for the Treasure Hunt
must be received prior to the expiration of the Treasure Hunt Entry Period. This Treasure Hunt
is void in Void in Guam, Puerto Rico, the U.S. Virgin Islands and wherever prohibited or
restricted by law, and is subject to all federal, state, and local laws and regulations. By
submitting an entry form, Participants agree to abide by and be bound by these Official Rules
and all applicable federal, state, and local laws and regulations that govern promotions such as
this. An entry may only be submitted on behalf of one individual and not a group of individuals.
In the event that Sponsor determines that two or more individuals entered the Treasure Hunt as
a group, the Entry will be disqualified and the entry fee will not be returned.
AGREEMENT TO OFFICIAL RULES: Participation in this Treasure Hunt constitutes
Participant’s full and unconditional agreement to these Official Rules, any supplemental rules,
and Sponsor’s decisions, which are final and binding in all matters related to the Treasure Hunt.
Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules.
ENTRY PERIOD: The Treasure Hunt will operate during the Treasure Hunt Period unless the
hidden location (the “Location”) of all golden tags (the “Gold Ticket”) have been discovered prior
to the end of the Treasure Hunt Period, at which time, after authentication and verification, the
Treasure Hunt Period will end. Entries may only occur during the Treasure Hunt Period.
HOW TO PARTICIPATE IN A GOLD TICKET TREASURE HUNT:
a. Online Registration. To participate in a Gold Ticket Treasure Hunt, an
individual who is a resident of the Territory and who is 18 years of age or older,
or the age of majority in their jurisdiction of residence, must first complete the
online registration (the “Online Registration”).
a.i. Each Gold Ticket Treasure Hunt is $49.98 and will provide Participant
with a Riddle or Riddles and access to their own account (the “Adventure”).
Payment must be made at the time you select your Gold Ticket Treasure
Hunt. A maximum of 1,000 Adventure participants will be permitted for each
Gold Ticket Treasure Hunt. Sponsor will conduct multiple Gold Ticket
Treasure Hunts during the Treasure Hunt Period. If fewer than 100 Adventure
are purchased for a specific Gold Ticket Treasure Hunt, Participant selecting
that specific Adventure will receive a refund at Tricky Treasures discretion.
a.ii. To complete the Online Registration Participant must confirm they have,
read, understood, and unconditionally agree to the Official Rules, any
supplemental rules, Terms and Conditions, and Privacy Policy and that they
meet the eligibility requirements. NOTE: The email address you provide in the
Online Registration is the email address to which communication related to
the Treasure Hunt will be sent. Notification of selection as a potential winner
will be sent to that email.
a.iii. Online Registration Privacy: Information collected in connection with the
Treasure Hunt may be shared with Sponsor’s agents to the extent necessary
to fulfill prize claims. You will never be asked for account information in the
Treasure Hunt. The payment platform may have a separate privacy policy
that differs from that of Sponsor. You are encouraged to review the privacy
policy of the platform provider. Except as otherwise stated in these Official
Rules, information collected by Sponsor in connection with the Gold Ticket
Treasure Hunts will be used by Sponsor in accordance with its privacy policy.
a.iv. Online Registration Limit: Each Participant may purchase as many entries
and participate in as many Gold Ticket Treasure Hunts as they wish.
b. Internet Access Requirement. Participants will need internet access
(Message and Data Rates May Apply, consult your wireless service provider for
information specific to your use) to participate.
c. Participant is purchasing Adventure to use their skills and knowledge to
solve and decode a Riddle. The Riddle cannot be solved through random
guessing or searching the internet. Skill is required to solve the Riddle. The
answer to the Riddle with possible supplemental clues will reveal the location of
the Gold Ticket.
d. Participant does not have to be a resident of the state to participate in the
Gold Ticket Treasure Hunt for that State. Only 1,000 Adventures will be sold to
an individual Gold Ticket Treasure Hunt. Upon solving the Riddle, Participant will
then search for a Gold Ticket in the form of a necklace with a tag that includes a
code (the “Code”) which will be required to claim the Prize for that specific Gold
Ticket Treasure Hunt. The Gold Tickets are not made of real gold and their retail
value is $0.
e. The first Participant to send the Code on their Gold Ticket and the
location where it was found, as verified by the Sponsor, will be declared the
winner of that specific Gold Ticket Treasure Hunt (the “Finder”) and upon
verification will receive the Prize for that specific Gold Ticket Treasure Hunt.
f. Participant may enlist anyone they wish to form a team (the “Team”) for a
Gold Ticket Treasure Hunt.
g. Hints. During the Treasure Hunt, Sponsor may provide clues (the “Hints”)
which may assist Participant or their Team in solving the Riddle. The release of
Hints is at the sole and absolute discretion of the Sponsor.
h. In the event of a “redo” for a state, anyone who has been previously
awarded any money, is not eligible for the redo award.
HOW TO PARTICIPATE IN THE ULTIMATE TREASURE HUNT GAME:
a. To participate in the Ultimate Treasure Hunt Game, Participant must have
participated in a Gold Ticket Treasure Hunt. Sponsor will notify Participant within
their account of the riddle release date. On that date and time a riddle will release
to the account holder.
b. No additional fee to participate in the Ultimate Treasure Hunt Game will be
required.
c. The first person to solve the Riddle and provide the Code from the Ultimate
Treasure Hunt Game to Sponsor, will be declared the winner, subject to
verification by Sponsor.
WINNER DETERMINATION: To win a Gold Ticket Treasure Hunt, Participant must find the
Gold Ticket for their Gold Ticket Treasure Hunt. The Finder must contact the Sponsor at
Submit@thegoldticket.com with the state listed in the subject line and provide the code found on
the Gold Ticket and the location where the Gold Ticket was found to claim their prize. Upon
successful verification of all information, as determined by the Sponsor, Participant will be
declared the winner. Prizes will be awarded to the first Participant who is successfully verified by
the Sponsor for their specific Gold Ticket Treasure Hunt. There will be fifty (50) Gold Ticket
winners. If for any reason you are at a location and don’t believe you can access it, please email
us.
To win the Ultimate Treasure Hunt Game, Participant must find the specific Ultimate Treasure
Hunt Gold Ticket for Ultimate Treasure Hunt Game. The Finder must contact the Sponsor at
Submit@thegoldticket.com and provide the code found on the Ultimate Treasure Hunt Gold
Ticket and the location where the Ultimate Treasure Hunt Gold Ticket was found to claim their
prize. Upon successful verification of all information, as determined by the Sponsor, Participant
will be declared the winner. Prizes will be awarded to the first Participant who is successfully
verified by the Sponsor for the Ultimate Treasure Hunt Game.
At no time will the winner be selected by a random draw. This is a game of skill.
PARTICIPANT CONDUCT: The Sponsor reserves the right, in their sole and absolute
discretion, to disqualify any Participant who (a) tampers with the entry process or the
participation in, or operation of, the Treasure Hunt, (b) violates these rules, or (c) acts in a
disruptive manner with the intent to annoy, abuse, threaten, or harass any other participant or
person. By participating, Participant agrees to be bound by these Official Rules, any
supplemental rules, Terms, and the discretion of the Sponsor, which shall be final in all respects
on all aspects pertaining to the Treasure Hunt. The Sponsor shall have complete discretion to
interpret these Official Rules and any other aspect of the Treasure Hunt, and expressly reserves
the right to refuse to award any prizes to anyone who in the Sponsor’s sole and absolute
discretion is in breach of these Official Rules or otherwise fails satisfactorily to establish their
eligibility to claim a prize or win.
At no time will Sponsor require Participant to engage in illegal or unlawful activity. Because this
is a treasure hunt game, for each Gold Ticket Treasure Hunt Participant will be required to
search for and discover the Gold Ticket and or location, and for the Ultimate Treasure Hunt
Game Participant will be required to search for and discover a specific Gold Ticket specifically
hidden for the Ultimate Treasure Hunt Game, which have been hidden by Sponsor. Participant
shall not trespass or violate the rights of any property owner in an effort to find the gold ticket.
Participant and anyone acting at the request of Participant is solely responsible for their own
actions. Participant agrees to indemnify and hold harmless Sponsor from and against any claim
or cause of action, including legal fees and expenses, by any property owner arising out of
Participant’s participation in the Treasure Hunt.
By entering, Participant, and anyone they include in their Team, agrees that all information
provided by Sponsor with respect to this Treasure Hunt are confidential and Participant, on
behalf of themselves and anyone on their Team, agrees that they will not publicly reveal the
Riddle to any third party. Publicly revealing any information will disqualify the Participant and, if
applicable, their Team, and may result in legal action. Riddles may only be shared in private
with your team, as well as being discussed within the private forum operated by Sponsor.
COLLABORATIONS: If Participant chooses to collaborate in efforts with other persons,
Participant acknowledges and agrees they are solely responsible for ensuring each of the
collaborating individuals complies with all of these Official Rules. Prizes will be awarded only to
the Participant whose registered account was used to create the Entry, conditional on that
Participant adhering to all other Official Rules of this Treasure Hunt. Participant agrees to
indemnify and hold harmless Sponsor from and against any claim or cause of action, including
legal fees and expenses, 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
Hunt.
RELEASE: Nothing in these Official Rules shall be deemed to exclude or restrict any of the
winner’s or the Participant’s statutory rights as a consumer. To the extent permitted by
mandatory provision of the applicable law, Participant agrees to release and hold harmless the
Sponsor, Administrator, participating Sponsor vendors, and their respective subsidiaries,
affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each
of their respective parent companies and each such company’s officers, directors, employees,
and agents (collectively, the “Released Parties”) from and against any claim or cause of action,
including but not limited to damage to or loss of property arising out of participation in the
Treasure Hunt, or receipt or use or misuse or any prize. Each Participant acknowledges and
agrees that his/her entry submission and all related 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 Sponsor. Without limiting the foregoing,
Sponsor will have the irrevocable, royalty-free, fully paid-up worldwide, perpetual right (and if
necessary, license) to edit, re-edit, adapt, modify, reproduce, promote, distribute create
derivative works and otherwise use the entry and related materials in any way it sees fit in any
form or media whether now or hereafter known or developed. Participant hereby gives Sponsor
and its agents and assignees, full permission and authority to use, publish and display the Entry
and any additionally requested documentation, as well as Participant’s (and any other person
included in the Entry) 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.
PRIZES:
a. Fifty (50) Gold Ticket Prize will be awarded. Each Gold Ticket Prize will consist of
$5,000 cash, or cash equivalent as determined by the Sponsor. The total
approximate retail value (the “ARV”) of all fifty (50) Gold Ticket prizes to be
awarded in the Treasure Hunt is $250,000 USD.
The Gold Ticket Prize Winner solely is responsible for all federal, state, local, and
other taxes on receipt of the prize. Sponsor shall not be responsible for any
taxes, fees, or assessments on any prize winnings.
b. One (1) Ultimate Treasure Hunt Prize will be awarded. The Ultimate Treasure
Hunt Prize will consist of one candy factory currently owned by David Klein, as
determined by Mr. Klein in his sole and absolute discretion; mentoring for one (1)
year by David Klein; and registration in the Resident Course in Confectionary
Technology at the University of Wisconsin
(https://foodsci.wisc.edu/extension/candy/virtual_information.php). If, within a
year of winning the Ultimate Treasure Hunt Prize the course is offered in person,
the winner will be provided round trip coach airfare from the airport nearest their
home to Madison, WI airport.
The Ultimate Treasure Hunt Prize is a working candy factory and includes the
real property, along with all equipment, select lighting fixtures, plumbing fixtures,
and other items as will be designated by Mr. Klein in the Bill of Sale (the “Candy
Factory”). Excluded in the transfer of the Candy Factory is any personal property,
customer accounts, ingredients, proprietary formulations, and anything not
specifically indicated here. The real estate and business assets will be evaluated
prior to transfer to establish a then-current value. No representation is made by
the Sponsor regarding the current fair market value of the Property or the
likelihood of maintaining the Candy Factory as an ongoing concern.
All decisions related to the Candy Factory described herein shall be at Mr. Klein’s
sole and absolute discretion. Actual value of the Ultimate Treasure Hunt Prize
depends on market fluctuations. The professional service providers used to
facilitate the transfer of the Candy Factory will be chosen at the sole and
absolute discretion of the Sponsor and/or Mr. Klein. The exact closing date shall
be set by the Sponsor in cooperation with Mr. Klein and the Ultimate Treasure
Hunt Prize winner and all professional service providers. The Ultimate Treasure
Hunt Prize shall be awarded “AS-IS” and “WITHOUT WARRANTY OF ANY KIND
BY SPONSOR OR ANY OTHER PERSON”, expressed or implied, (including,
and without limitation, any implied warranty of merchantability or fitness for a
particular purpose). The real property designated as the Candy Factory herein
shall be conveyed to the Ultimate Treasure Hunt Prize Winner without
representations or warranties, express or implied. Deed recording charges and
closing costs shall be the responsibility of the Sponsor. Sponsor will pay real
estate transfer taxes, if required by the county or state at time of closing. Current
and future real estate taxes, title insurance, hazard and liability insurance,
operation fees, assessments, and all other taxes, costs, fees, and expenses
related to the maintenance and ownership of the Candy Factory shall be the
responsibility of the Ultimate Treasure Hunt Prize Winner as of the date of
transfer.
The Ultimate Treasure Hunt Prize Winner solely is responsible for all federal,
state, local, and other taxes on receipt of the prize. Sponsor shall not be
responsible for any taxes, fees, or assessments on any prize winnings.
The Ultimate Treasure Hunt Prize Winner will be solely responsible for complying
with any and all applicable statutes, laws (including, without limitation, common
law, if applicable), rules and regulations and for bearing any personal income tax,
withholding taxes, or other taxes, fees, insurance, surcharges or other costs
relating to receiving, claiming or collecting any prize. The Ultimate Treasure Hunt
Winner is hereby informed of the liability to pay all taxes on the prize received;
such taxes shall be paid by the winner and are not the responsibility of Sponsor.
Ultimate Treasure Hunt Prize Winner shall be responsible for reporting his or her
individual income tax generated from the prize to relevant tax authorities on his
or her own.
a.i.c. The Winner shall be responsible for complying with any and all applicable statutes, laws
(including, without limitation, common law, if applicable), rules and regulations and for
bearing any personal income tax, withholding taxes, or other taxes, fees, insurance,
surcharges or other costs relating to receiving, claiming or collecting any prize. The
winner is hereby informed of the liability to pay all taxes on the prize received; such
taxes shall be paid by the winner. Each winner shall be responsible for reporting his or
her individual income tax generated from the prize to relevant tax authorities on his or
her own. Sponsor is not responsible for the tax obligation of winner.
a.i.d. Winners may receive an IRS Form 1099 for the year in which the prize is awarded in the
amount of the prize received.
a.i.e. Prizes returned as undeliverable or otherwise not claimed within fifteen (15) days after
delivery of notification will be forfeited. Prizes are not transferable. Unless designated in
these rules, no substitutions or exchanges of any prizes will be permitted. Sponsor
reserves the right to substitute a prize of equal or greater value for any prize. All prizes
are awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied,
(including, without limitation, any implied warranty of merchantability or fitness for a
particular purpose). For prizes that need to be mailed or deposited into an account,
Sponsor will arrange for delivery to the verified winner approximately four (4) weeks after
final verification. Should there be a delay, Sponsor will advise prizewinner of such delay.
The total time required for the prize to reach the winner is beyond the control of Sponsor.
WINNER NOTIFICATION AND REQUIREMENTS:
a. The Potential winners (each a "Winner") of a Prize will be determined, as
specified in these Treasure Hunt Rules. If you are declared the Winner, you will
be notified either through an in-app messaging functionality or at the email
address provided upon registration on the Sponsor’s Website. If you are under
the age of 18, or the age of majority in their state, your parent/guardian will be
required to complete all winner claim documentation. If you do not respond to the
email notification of your selection as a Winner within five (5) days, you will forfeit
the Prize. All decisions of the Sponsor in selecting the Winner are final and
binding on all Participants in all matters relating to the Treasure Hunt.
b. Winners agree that Sponsor or its designee may use winner’s name, city, state,
screen name, avatar, likeness, and/or prize information, in connection with the
Treasure Hunt for promotional, advertising, or other purposes worldwide, in any
and all media now known or hereafter devised, including without limitation, the
Internet, without limitation and without further payment, notification, permission,
or other consideration, except where prohibited by law, without further payment
or consideration, notification or permission.
c. Execution of documents described herein must be in accordance with the
instructions from and satisfactory to Sponsor.
INTERACTING WITH OTHER PEOPLE. While participating in a Hunt, Participant agrees they
will 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
where they do not have a right or permission to be, 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 your communications and interactions with other
participants and with other persons with whom they communicate or interact as a result of
participation in the Treasure Hunt. Participant understands and acknowledges that Sponsor
does not screen or inquire into the background of any participants. Sponsor makes no
representations or warranties as to the conduct of participants.
GENERAL. THIS TREASURE HUNT IS VOID WHERE PROHIBITED. Gold Tickets found, but
not associated with an Participant WILL NOT receive a Prize, except at the sole discretion of the
Sponsor. This Treasure Hunt is subject to all applicable federal, state and local laws and
regulations. All materials and submissions to the Sponsor become property of the Sponsor and
will not be returned to Participant. Sponsor accept no liability for submissions, correspondence,
or attempted redemptions that are late, lost, incorrectly submitted, or otherwise misdirected, or
not submitted in accordance with these Official Rules. To the extent permitted under applicable
law, Sponsor reserves the right to cancel, suspend, and/or modify the Treasure 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 Hunt. If the Treasure Hunt is
terminated, no Winners will be declared for the cancelled Gold Ticket Treasure Hunt(s) or the
Ultimate Treasure Hunt Game, and Sponsor will refund entry fees for any Gold Ticket Treasure
Hunt cancelled and will not award any prizes. Sponsor reserves the right to disqualify any
individual it finds to be tampering with the entry process or in the operation of the Treasure Hunt
or any Game or to be acting in violation of the Official Rules of this or any other promotion in an
unsportsmanlike or disruptive manner and void all associated entries. Any attempt by any
person to deliberately undermine the legitimate operation of the Treasure Hunt may be a
violation of criminal and civil law, and, should such attempt be made, Sponsor reserves the right
to seek damages and remedies (including attorneys’ fees) from any such person to the fullest
extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not
be considered a waiver of that provision.
The Sponsor has the right to verify your eligibility and compliance with these Rules, and to
disqualify you on the basis of its investigation.
You may not enter with multiple e-mail, user names, or other manners of creating multiple
entries, nor may you use any other device or artifice to submit Entries in any manner that is in
violation of these Official Rules. If you use fraudulent Entry methods, or otherwise attempt to
participate with multiple e-mail or under multiple identities, or use any device or artifice to enter
in any manner that is not in compliance with these Official Rules, you will be disqualified. In the
event of a dispute as to any Entry, the authorized account holder of the e-mail address used to
enter will be deemed to be the person who made the Entry. For the purposes of these Official
Rules, the authorized "account holder" is the natural person assigned an e-mail address by an
internet access provider, online service provider, or other organization responsible for assigning
e-mail addresses for the domain associated with the submitted address.
Nothing contained in these Official Rules shall be construed to: (i) give any party the power to
direct and control the day-to-day activities of the other; (ii) constitute the parties as partners,
joint venturers, principal and agent, employer and employee, co-owners or entrants in a joint
undertaking; or (iii) allow you to create or assume any obligation on behalf of the Sponsor.
By entering the Treasure Hunt, you fully and unconditionally agree to and accept these Official
Rules and the decisions of the Sponsor, which is final and binding on all matters relating to this
Treasure Hunt.
Sponsor reserves the right to cancel, modify or suspend the Treasure Hunt at any time (subject
to approval of any regulatory body having jurisdiction), if it is determined that the Treasure Hunt
cannot be run as originally planned or if fraud or any other occurrence comprises the fairness or
integrity of the Treasure Hunt.
RELEASE, HOLD HARMLESS AND INDEMNIFICATION. By entering, ALL participants IN
THE TREASURE HUNT, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL
SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless
the SPONSOR 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), including, without
limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due, in
whole or in part, directly or indirectly, by reason of THE acceptance, possession,
REDEMPTION, MISDIRECTION, use, or misuse of ANY prize OR ANY PORTION OF ANY
PRIZE (including any activity OR TRAVEL related thereto) or participation in the Treasure Hunt
and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of
privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS,
OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE Released
Parties.
DISCLAIMERS. By participating in the Treasure Hunt, Participant agrees to release, discharge,
indemnify and hold harmless the Sponsor, David Klein, Stephanie Thirtyacre, and each of their
respective directors, officers, employees, agents, successors and assigns (“Released Parties”)
from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages,
fines or injuries (up to and including bodily injury and death) of any kind arising out of or related
to: (i) Participants’ participation in the Treasure Hunt (including travel to/from any Treasure Hunt
activity); (ii) any acceptance, possession, misuse or use of any prize (including, without
limitation, 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 prize event or
activity); (iii) the Released Parties’ 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 (iv)
any typographical, human or other error in the printing, offering, selection, operation or
announcement of any Treasure Hunt activity and/or prize. Without limiting the generality of the
foregoing, Participants agree that the Released Parties have neither made nor will be in any
manner responsible or liable for any warranty, representation or guarantee, express or implied,
in fact or in law, in connection with the Treasure Hunt and/or with respect to prizes, including,
without limitation, to any prize’s quality or fitness for a particular purpose. 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 Sponsor; 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 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. Each Participant further agrees to indemnify and hold
harmless the Released Parties from and against any and all liability resulting or arising from the
Treasure 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 prize, including express warranties provided exclusively by
a Supplier that may be sent along with a prize. The Released Parties are not responsible for
any changes or unavailability of the wireless carrier, internet service provider, or the social
media platform used for purposes of administering this Treasure Hunt that may interfere with the
Treasure Hunt or ability of Participant to timely enter, receive notices, or communicate with
Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Treasure
Hunt.
The Released Parties are not responsible for human errors or for any damaged, tampered with,
delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected,
mutilated, mass machine-generated, unintelligible, incomprehensible, stolen entries or entries
otherwise not in compliance with these Official Rules. In addition, Released Parties are not
responsible for any typographical errors in these Official Rules, Treasure Hunt content or any
advertising materials for the Treasure Hunt, or for any kind of computer, electronic, hardware,
software, Internet, network, data, technical or telephone failures and/or problems caused by the
Sponsor and/or the Released Parties or the user, or by any of the equipment or programming
associated with or utilized in the Treasure Hunt, or by any human, typographical, electronic,
network or other error that may occur in receiving and/or processing of the entries in the
Treasure Hunt, or by infection by computer viruses, bugs, tampering, unauthorized intervention,
fraud or technical failure.
If the Treasure 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 Sponsor and/or the Released Parties,
any user or Participant, or by any of the equipment or programming associated with or utilized in
the Treasure Hunt, Sponsor reserves the right, at its sole discretion, to change the Official
Rules, to cancel, modify, suspend, or withdraw the Treasure Hunt or any Treasure Hunt offer
and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and select
prizewinners from all valid entries received for the Treasure 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. 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 Sponsor’s control.
LIMITATIONS OF LIABILITY. To the extent permitted by mandatory provision of the applicable
law, Released Parties are not responsible for: (1) any incorrect or inaccurate information,
whether caused by Participant, printing, typographical, or other errors or by any of the
equipment or programming associated with or utilized in the Treasure Hunt; (2) technical
failures of any kind, including without limitation, malfunctions, interruptions, or disconnections in
phone lines or network hardware or software; (3) unauthorized human intervention in any part of
the entry process or the Treasure Hunt; (4) printing, typographical, technical, computer, network
or human error which may occur in the administration of the Treasure Hunt, the uploading, the
processing, evaluating, or judging of entries, the announcement of the prizes, or in any Treasure
Hunt-related materials; (5) late, lost, undeliverable, damaged or stolen mail; (6) any injury or
damage to persons or property which may be caused, directly or indirectly, in whole or in part,
from Participant’s participation in the Treasure Hunt or receipt or use or misuse of any prize
(including any travel/activity related thereto); (7) any claims that the entry violates or infringes
the intellectual property rights of a third party; (8) any claims by an Participant that its Entry is
similar to or competitive with technologies or products independently developed by Sponsor or
received by Sponsor from third parties, including from other entrants; or (9) any claim by an
Participant for reimbursement or remuneration of funds used in participating. Released Parties
are not responsible for misdirected or undeliverable entries or for any technical problems,
malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable
network connections or failed, incomplete, garbled or delayed computer transmission or any
combination hereof. Released Parties are not responsible for any unauthorized third party use
of any entry.
GOVERNING LAW, ARBITRATION AND DISPUTE RESOLUTION. PLEASE READ THIS
SECTION CAREFULLY. IT AFFECTS THE WAY IN WHICH ANY CLAIM OR DISPUTE
BETWEEN YOU AND THE SPONSOR IS RESOLVED.
a. Governing Law. Unless the laws of your jurisdiction require that the laws of that
jurisdiction govern, in which case the laws of such jurisdiction shall govern, all
claims arising out of the Treasure Hunt and all issues and matters concerning the
construction, validity, interpretation, and enforceability of these Official Rules, or
the rights of Participant(s), shall be governed by and construed in accordance
with the laws of the State of Delaware and the United States of America, without
regard to conflict of laws principles. Any and all disputes, claims, and causes of
action arising out of, or connected with, the Treasure Hunt shall be resolved
individually, without resort to any form of class action.
b. Process. Any claim, controversy, or dispute (whether in contract, tort, or
otherwise) arising directly or indirectly out of or related to the Treasure Hunt shall
be resolved exclusively by a final and binding arbitration administered by the
American Arbitration Association (the “AAA”) and conducted before a sole
arbitrator pursuant to the applicable Rules and Procedures established by the
AAA. The filing fee(s) and costs related to any arbitration will be borne by the
individual filing the arbitration claim. This arbitration agreement is made pursuant
to a transaction involving interstate commerce, and shall be governed by the
Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16. The arbitration shall be
conducted in the English language. The arbitration shall be held at a location in
Marion County, Florida determined by Sponsor or at such a location as may be
mutually agreed by the Participant and Sponsor. The arbitrator’s decision shall
be controlled by the terms and conditions of these Official Rules and any of the
other agreements referenced herein that the Participant may have entered into in
connection with the Treasure Hunt. The arbitrator shall apply the laws of the
State of Delaware consistent with the FAA and applicable statutes of limitations,
and shall honor claims of privilege recognized at law. Under no circumstances
will an Participant be permitted to obtain awards for, and Participant hereby
waives all rights to claim indirect, incidental, consequential, and/or punitive
damages and any other damages, other than for actual out-of-pocket expenses
related to submitting an Entry, and any and all rights to have damages multiplied
or otherwise increased. Sponsor’s total cumulative liability in connection with the
Treasure Hunt, whether in contract or tort or any other legal theory, shall not
exceed $100.00.
c. No Class Action or Consolidated Proceedings. ANY ARBITRATION THAT
OCCURS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS
ARBITRATIONS, CLASS ACTION SUITS OR CONSOLIDATED
PROCEEDINGS ARE NOT PERMITTED AS A WAY TO RESOLVE ANY CLAIM
OR DISPUTE.
d. Scope. This agreement to arbitrate claims and disputes is intended to be broad
and includes, without limitation, (i) claims or disputes relating to any aspect of the
Treasure Hunt, whether based in contract, tort, statute or any other legal theory,
(ii) claims or disputes directly or indirectly arising from conduct or events that
occurred prior to the effective date of these Rules (including, without limitation,
claims relating to advertising), or after its termination, (iii) claims or disputes
subject to class action litigation in which you are not currently a member of a
certified class, and (iv) claims or disputes with any agent, employee, successor
or assign of you, the Sponsor, or the Administrator (all such claims and disputes
are referred to collectively as “Claims”). This agreement to arbitrate does not,
however, include Claims pertaining to intellectual property rights.
e. No Preclusive Effect. No award or finding or stipulation of fact by the arbitrator
will have any preclusive or collateral estoppel effect in any other arbitration or
court, unless it involves the exact same parties.
f. Severability. If any part of this arbitration provision is deemed to be invalid,
unenforceable or illegal, then the balance of this arbitration provision shall remain
in effect and shall be construed in accordance with its terms as if the invalid,
unenforceable or illegal provision were not contained herein.
SEVERABILITY: In the event any provision of these Official Rules is held to be unenforceable,
these Official Rules will continue in full force and effect without such provision. If any provision
contained in these Official Rules shall for any reason be held to be excessively broad as to
duration, geographical scope, activity, or subject, it shall be construed by limiting and reducing
it, so as to be enforceable to the extent compatible with applicable law. These Official Rules are
intended to be the complete, final, and exclusive statement of the terms of the agreement
between each Participant and the Sponsor relating to the subject matter.
Opt-In By freely supplying your mobile number, you agree to receive text messages from
(Organization Name Here). Reply STOP to cancel, HELP for help. Msg & data rates may apply.
PRIVACY: Participants agree that personal data will be handled in compliance with Sponsor’s
privacy policy in effect at the time of the start of this Treasure Hunt, as updated.
WINNERS LIST: The winner will be posted to the Sponsor’s Website after winner confirmation
is complete.
DISCLAIMER: This Treasure Hunt is in no way sponsored, endorsed, or administered by, or
associated with Facebook, YouTube, Instagram, Twitter, or any third-party. Use of their
trademarks or intellectual property is incidental to this promotion.