Terms & Conditions
Updated August 21, 2019
(You can view previous revisions to these terms and conditions >>HERE<<)
Table of Contents
- The Treasure and Collection of the Treasure
- General Disclaimers
- Participation in a Hunt
- Limited License to Use
- Conduct, General Prohibitions, and GoldHunt’s Enforcement Rights
- Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
- Third Party Websites or Resources
- Disclaimer of Warranties
- Limitation of Liability
- Dispute Resolution
Welcome to GoldHunt. We facilitate interactive treasure hunting experiences in North America (each a “Hunt”). Please read these GoldHunt Terms and Conditions (the “Terms”). The Terms govern your participation in a Hunt and the use of the electronic map and clues purchased by you and the hints and clues you discover while participating in a Hunt (collectively, the “Map”). The Terms also govern your interaction with any websites we own or operate.
These Terms are entered into between you and GoldHunt Entertainment, Inc., referred to as “GoldHunt” or“we” in the Terms.
By participating in a Hunt or using its associated Map, you are agreeing to the Terms. If you do not agree to the Terms, you may not participate in a Hunt or use its associated Map.
GoldHunt may modify the Terms at any time, and if we do, we will notify you by email or by posting the modified Terms on the Site. It is important that you review any modified Terms before you continue participating in a Hunt. If you continue to participate in a Hunt, you are bound by the modified Terms. If you do not agree to be bound by the modified Terms you may not participate in a Hunt.
If you breach the Terms we may take action against you. You acknowledge that GoldHunt has no obligation to, and will not, reimburse or refund you for your purchase of a Map if you breach the Terms.
2. The Treasure and Collection of the Treasure
For each Hunt, Goldhunt will hide a redemption certificate (the “Certificate”) that entitles the first finder (the “Finder”) to locate the remainder of the Treasure and to redeem the Certificate for gold and silver with a retail value of $CAD100,000 (the “Treasure”) on the day the Finder redeems the Certificate (“Redemption Date”). Redemption will be done in public with our participation. If you are the Finder, you acknowledge that the value of gold and silver fluctuates on a daily basis and the value of the Treasure received on the Redemption Date may accordingly fluctuate. GoldHunt is not responsible for any fluctuation in the market prices for gold or silver and is not responsible for any loss in value of the Treasure provided to the Finder.
The Certificate will be hidden in a location within the boundaries where a Hunt is advertised to take place. The Treasure will not require a shovel to uncover. Successful interpretation of the initial Map and all subsequently discovered clues will lead to the general location of the Certificate.
To claim the Treasure, you must provide GoldHunt with the Certificate in a reasonable time after locating the Certificate. The information provided when you purchased the Map must be able to be verified by identification.
3. General Disclaimers
Hunts are designed to provide you with interactive experiences in the real world and friendly competition with other participants. By purchasing a Map, you are purchasing the experience of a real-life treasure hunt and an opportunity to use your critical thinking skills to decode clues and hints within a larger puzzle that may lead to the location of the Certificate. Using the Site or purchasing a Map does not guarantee that you will become the Finder.
We claim that any digging can be done without the use of shovels or other digging implements. If you do choose to dig, Before digging, you agree to take all necessary precautions to ensure digging does not infringe private property rights or potentially damage or interfere with public or private utilities or rights-of-way. You agree to call Alberta One Call and/or BC One Call before digging. GoldHunt is not responsible for any damage you cause by digging.
5. Participation in a Hunt
5.1 Safe and Appropriate Behaviour
While participating in a Hunt, please be aware of your surroundings and interact with your surroundings safely. You agree that your participation in a Hunt is at your own risk, and that while participating in a Hunt, you will not violate any applicable law, principal law or by law, regulation, or instructions as outlined in the Terms, and you will not encourage any other individual to do so. You will not trespass on private property.
5.2 Your Interactions with Other People
While participating in a Hunt, you agree you will maintain safe and appropriate contact with other participants and other people you may encounter. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain access to any property or location where you 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. If you have a dispute with any third party relating to your participation in a Hunt, you release GoldHunt (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You assume all risks relating to your communications and interactions with other participants in hunts and with other persons with whom you communicate or interact as a result of your participation in a hunt. You understand that Goldhunt does not screen or inquire into the background of any participants in a hunt. Goldhunt makes no representations or warranties as to the conduct of participants in a hunt. You agree to take reasonable precautions in all communications and interactions with other participants in a hunt and with other persons with whom you communicate or interact as a result of your participation in a hunt.
5.3 Assumption of Risks
Unless prohibited by applicable law, you agree that by purchasing a Map and participating in a Hunt, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Hunt, including injury by any cause and damage, loss, or theft of property. You acknowledge that Hunts have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or bystander behavior) and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before participating in a Hunt, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect your surroundings while participating in a Hunt. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately notify GoldHunt and cease participation in the Hunt.
To the extent permitted under applicable law, you hereby waive and release GoldHunt and any other party involved in creating or delivering a Hunt from any and all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to your attendance or participation in a Hunt, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties, other Hunt participants and bystanders.
5.4 Who May Participate in a Hunt
Unless stated otherwise for a particular Hunt, children are not allowed to participate in Hunts. A “Child” is a person under the age of majority in the province in which the Hunt occurs. To the extent permitted under applicable law, GoldHunt declines any responsibility regarding any activities conducted by a child with or without the permission of the parent of a child. If you are a parent and you give your permission for your child to participate in a hunt, you thereby agree to the Terms.
5.4 Details of the final chest’s location
While the final chest’s location is to be found through solving the riddles, please note the chest is:
- Available 24 hrs
- Not on private land
- Will not cost an entrance fee
- Is not in any type of restricted area
- Will not put you in ANY type of danger
- Is located within the ENTIRE playable area
5.5 Recordings and Use of Likeness
You consent to and approve of GoldHunt’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice while participating in a Hunt and the royalty free use of this information. GoldHunt may publish the results of any Hunts and pictures of participants in promotional and marketing materials and on social media in accordance with these Terms.
Should you find the treasure, you are bound to withhold its physical location. Disclosure of where the location of the final clue and the treasure chest is prohibited to be mentioned, shared, publicized, or otherwise placing Gold Hunt’s other active or inactive treasure hunts in jeopardy.
Should we discover that you have directly or indirectly released this information to the public or media, you are liable for all damages brought upon by these statements. Gold Hunt may pursue any and all damages deemed necessary.
6. Limited License to Use
Subject to your compliance with the Terms, GoldHunt grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to view the Map on a computer or mobile device. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Map; (b) distribute, transfer, sublicense, lease, lend, or rent the Map to any third party; (c) reverse engineer, decompile, or disassemble the Map; or (d) make the Map available to multiple users through any means. GoldHunt reserves all rights in and to the Map not expressly granted to you under the Terms.
7. Conduct, General Prohibitions, and GoldHunt’s Enforcement Rights
You agree that you are responsible for your own conduct while participating in a Hunt, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:
- collect, store or share any personally identifiable information of other Participants in a Hunt without their express permission;
- attempt to access or search the Site through the use of any technology or means other than those provided by GoldHunt or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or the Map;
- bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by GoldHunt or any of GoldHunt’s providers or any other third party (including another user) to protect the Site or the Map;
- access, tamper with, or use non-public areas of the Site, GoldHunt’s computer systems, or the technical delivery systems of GoldHunt’s providers;
- attempt to probe, scan, or test the vulnerability of any GoldHunt system or network, or breach any security or authentication measures;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting to send altered, deceptive, or false source identifying information;
- interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Site;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
Although GoldHunt is not obligated to monitor access to or use of the Site or Map, we have the right to do so for the purpose of facilitating Hunts, to ensure compliance with the Terms, and to comply with applicable law or other legal requirements.
We reserve the right to remove or disable access to the Site or the Map, at any time and without notice.
We have the right to investigate violations of the Terms or conduct that affects a Hunt. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.
Any attempt by you to disrupt or interfere with a Hunt including, without limitation, undermining or manipulating the legitimate operation of the Site, is a breach of GoldHunt’s terms and may be a breach of law.
8. Sweepstakes, Contests, Raffles, Surveys And Similar Promotions
9. Third-Party Websites or Resources
The Site may contain links to third-party websites or resources. GoldHunt provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
GoldHunt is not responsible for the availability or quality of third-party services, including cell phone networks, hotspots, wireless internet and other services. Such third-party services may affect your ability to utilize the Site and you hereby waive and release GoldHunt and any other party involved in creating or delivering the Site from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third-party services.
10. Disclaimer of Warranties
To the extent permitted under applicable law, all hunts, the site and the map are provided “as is” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. We make no warranty that hunts will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
We do warrant that there will be a successful find of the Treasure and we will provide maps, clues, and hints until there is a winner.
11. Limitation of Liability
To the extent permitted under applicable law, neither Goldhunt nor any other party involved in creating, producing, or delivering Hunts or associated Maps will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages. This limitation of liability includes lost profits, loss of data or goodwill, service interruption, computer damage, system failure or the cost of substitute services. Any losses from the use of or inability to use the Site or the Map, or from any communications, interactions, or meetings with other participants in a Hunt or persons with whom you communicate or interact as a result of your participation in a hunt, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not goldhunt has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the extent permitted under applicable law, in no event will GoldHunt’s total liability arising out of or in connection with these terms, a hunt, or from the use of or inability to use the site or the map exceed one hundred dollars ($100). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between GoldHunt and you.
12. Dispute Resolution
You agree that disputes between you and Goldhunt will be resolved by binding, individual arbitration, and you are waiving your right to participate as a plaintiff or class member in any purported class action or representative proceeding.
This notice does not apply: (1) if you are a resident of any jurisdiction which does not allow this arbitration agreement, (2) if you opt out of arbitration as described in the “arbitration” section below, or (3) to certain types of disputes described in section 12.1, “arbitration,” below.
If you live in a jurisdiction which allows you to agree to arbitration, you and GoldHunt agree that any disputes will be settled by binding arbitration, except each party retains the right:
- to bring an individual action in small claims court; and
(b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action”).
Despite this arbitration agreement, GoldHunt reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse of its IP, the Site, or the Map.
You acknowledge that misuse of the Map and/or the Site will cause harm to GoldHunt and agree that they may take action against you for such misuse.
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide GoldHunt with written notice of your desire to do so by email to firstname.lastname@example.org within 30 days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice“). If you don’t provide GoldHunt with an Arbitration Opt-out Notice within the 30 day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further, unless both you and GoldHunt otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 12.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 12.4, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, will have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.
12.2 Arbitration Rules (for a Hunt in Alberta)
If arbitration is required, the parties shall submit those issues to binding arbitration pursuant to the Arbitration Act, RSA 2000, cA-43, as amended.
- Arbitration must be completed and an award rendered by the arbitrator no later than 120 days from the appointment of an arbitrator.
- The arbitrators are to interpret all controversies and claims arising under or relating to this agreement in accordance with the laws of Alberta, without regard to its choice of laws principles.
- The arbitration is to be conducted in Alberta.
12.3 Submission to Jurisdiction (Arbitration).
Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any award, order or judgment. Any award, order or judgment, pursuant to arbitration is final and may be entered and enforced in any court of competent jurisdiction.
12.4 Governing Law and Exclusive Venue
To the extent that these Terms allow you or GoldHunt to initiate litigation in a court, other than for small claims court actions, both you and GoldHunt agree to the exclusive jurisdiction of and venue in the provincial and federal courts located in Alberta. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Site and the Map are governed by the laws of Alberta, excluding its conflicts-of-law rules.
12.5 Attorney’s Fees and Interest
The parties agree to pay all reasonably incurred legal expenses, including legal fees incurred by the prevailing party in the prosecution or defence of any claim arising out of or related to the Terms. The parties also agree to pay all reasonably incurred legal expenses incurred in collecting on a final judgment. The parties also agree that simple interest will accrue at 6% per annum (0.5% per month), beginning 30 days after the invoice becomes due or, if that amount is against the jurisdictional law, the maximum amount allowed under the applicable law.
12.6 Changes to Dispute Resolution
If GoldHunt changes this “Dispute Resolution” section after the date you first accepted the Terms (or accepted any subsequent changes to the Terms), you may reject any such change by sending us written notice (by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of GoldHunt’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and GoldHunt in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to these Terms).
13.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between GoldHunt and you regarding the Site, Hunts, and Maps. These Terms supersede and replace any and all prior oral or written understandings or agreements between GoldHunt and you regarding the Site, Hunts, and Maps.
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without GoldHunt’s prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. GoldHunt may freely assign or transfer the Terms without restriction, and the transferor or assignor will not remain jointly and severally liable. Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
13.3 Force Majeure
Neither GoldHunt nor any other party involved in creating, producing, or delivering the Site, Hunts, or Maps will be liable with respect to any damages, injuries, non-performance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
Any notices or other communications provided by GoldHunt under the Terms, including those regarding modifications to the Terms, will be given via email or by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.
GoldHunt’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GoldHunt. Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies under these Terms or otherwise.
13.6 Contact Information
If you have any questions about these Terms, please contact Goldhunt at firstname.lastname@example.org