Terms and Conditions

Tricky Treasures, Inc.

Gold Ticket Treasure Hunt 2021

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: Buy a gold ticket necklace, and get the opportunity to join a treasure hunt. The Candyman's Treasure Hunt™-The Gold Ticket™ (the Treasure Hunt”) is conducted by solving a skilled riddle or series of skilled riddles (the Riddles”) for one of multiple hunts (each a

Gold Ticket 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™, 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 $45.98 and will provide Participant with a Gold Ticket Necklace and 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 Gold Trophy for that specific Gold Ticket Treasure Hunt.

f. Participant may enlist up to 10 people 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.

 

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.

 

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.

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.

 

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. 1 Gold Ticket Prize will be awarded per treasure hunt. Each Gold Ticket Prize will consist of A Gold and Silver Trophy, or the winner can opt for $5000 cash in lieu of the trophy.

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.

 

 

a.i.b. 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.c. 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.d. 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)

, 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, participants 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, COMISSIONS, 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.

 

 

 

 

 

Tricky Treasures, Inc.

The Candyman's Treasure Hunt The Orb Travelers Treasure Hunt Book

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: Buy the book The Candyman's Treasure Hunt The Orb Travelers, and get the opportunity to join a treasure hunt. The Candyman's Treasure Hunt™ (the Treasure Hunt”) is conducted by solving a skilled riddle or series of skilled riddles within the book (the Riddles”) and is conducted in the continental United States (the Territory”) beginning

on the date and time posted on the Sponsor’s Website (the Treasure Hunt Period”). Void where prohibited. Each Treasure Hunt™, are 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 and purchase of the book(The Candyman's Treasure Hunt The Orb Travelers) 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”) has 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 THE TREASURE HUNT:

a. Online Registration. To participate in The 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 purchase the book, The Candyman's Treasure Hunt The Orb Travelers.

a.i. Each Treasure Hunt book is $35.98 and will provide participant

with the right to join the treasure hunt.

Payment must be made at the time you purchase the book. If fewer than 2500 books are purchased, Participant's 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 books 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 The Candyman's Treasure Hunt The Orb Travelers book to use their skills and knowledge to solve and decode a Riddle in the form of a story. 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 code.

d. 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. The Gold Ticket is not made of real gold and it's 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 The Candyman's Treasure Hunt The Orb Travelers (the Finder”) and upon verification will receive an annuity valued at $100,000 over 20 years. If 3000 copies of the book The Candyman's Treasure Hunt The Orb Travelers are sold, the amount will be paid out in a lump sum.

f. Participant may enlist others to help them, but only the account holder who submits the verified claim will be eligible to receive the awarded prize.

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 and could be released on their social media channels.

 

 

WINNER DETERMINATION: To win The Candyman's Treasure Hunt The Orb Travelers, Participant must find the Gold Ticket. The Finder must contact the Sponsor at Candymanstreasurehunt@gmail.com with the correct code listed in the subject line and provide the code 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 The Candyman's Treasure Hunt The Orb Travelers. If for any reason you are at a location and don’t believe you can access it, please email us.

 

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 Candyma's Treasure Hunt Participant will be required to search for and discover the Gold Ticket and or location.

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 in full. We do allow public discussion of possible solutions and encourage it(no more than 200 words of text maybe used publicly on any 1 page and will require a link to www.TheGoldTicket.com). No more than 1 image will be allowed on any 1 page and requires a link to www.TheGoldTicket.com.

 

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. The verified winner will be awarded a $100,000 annuity paid out over 20 years. If 3000 book purchases are made, it will be $100,000 lump sum.

The Candyman's Treasure Hunt The Orb Travelers 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.

 

a.i.b. 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 forbearing 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.c. 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.d. 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 prize winner 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 a 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 canceled Gold Ticket Treasure Hunt(s)

, and Sponsor will refund entry fees for any Treasure Hunt's canceled 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, participants 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.