Terms & Conditions
BY CREATING A TREASURE RACE™ ACCOUNT, AND/OR REGISTERING FOR AND/OR PARTICIPATING IN A TREASURE RACE EVENT IN ANY CAPACITY (E.G., AS A DRIVER AND/OR PASSENGER), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND FULLY AGREE TO THESE TERMS AND CONDITIONS OF PARTICIPATION (“TERMS”), WHICH INCLUDE A WAIVER OF LIABILITY AND RELEASE OF CLAIMS AGAINST THE RELEASED PARTIES (DEFINED BELOW). IF YOU DO NOT FULLY UNDERSTAND AND AGREE TO THESE TERMS YOU MAY NOT PARTICIPATE IN ANY TREASURE RACE EVENT.
(a) “Affiliate” means any person or entity that, directly or indirectly, through one or more intermediaries, controls, or is controlled by, or is under common control with Treasure Race LLC. As used in this definition “control” (including, with correlative meanings, “controlled by” and “under common control with”) shall mean possession, directly or indirectly, of power to direct or cause the direction of management or policies (whether through ownership of securities or other ownership interest, by contract or otherwise).
(b) “Catastrophic Injuries” means, without limitation, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and death.
(c) “Claims” means all claims, demands, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages, losses, judgments, and Injuries whatsoever, in law, equity, of any kind, type, or description, whether known or unknown, disputed or undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted.
(d) “Event” means a Treasure Race™, as described herein, and all related events and activities.
(e) “Event Rules” mean (i) the Rules available at an Event website; (ii) all other rules, directions, and/or instructions Operator issues prior to or during an Event, orally, posted or in writing; and (iii) all written and/or posted rules or directives of any location or venue at which the Event is conducted and/or Event activities occur.
(f) “Inherent Risks” means risks inherent in the Event that cannot be eliminated completely (without changing the challenging nature of the Event) regardless of the care and precautions taken by Operator. Inherent Risks include, without limitation:
(i) contact or collision with persons, vehicles, or objects, including, but not limited to, contact or collision with spectators, Event personnel, or other Event participants or their vehicles, contact or collision with motor vehicles or machinery, and contact or collision with natural or man-made fixed objects or obstacles;
(ii) equipment related hazards (e.g., broken, defective or inadequate competition equipment, unexpected equipment failure, imperfect course conditions);
(iii) natural hazards, including, without limitation, extreme heat, extreme cold, ice, rain, fog, uneven terrain, rock falls, lightning strikes, tornados, wildlife attacks, and contact with poisonous plants;
(iv) inadequate or negligent first aid and/or emergency measures;
(v) the acts or omissions of other Event participants, Event personnel, and other individuals, including, without limitation, errors in judgment and negligence.
(vi) the inherent danger and risk of exposure to COVID-19 from any facility or object, and/or from being in proximity to other people, which danger and risk is significant, including the risk of physical illness, injury, death or being subject to quarantine or other restrictive requirements.
(g) “Injuries” means, collectively, all possible injuries, including, but not limited to Minor Injuries, Serious Injuries, and Catastrophic Injuries.
(h)“Minor Injuries” means, without limitation, scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, tears, burns, sunburn, abrasions, grazes, lacerations, and contusions.
(i) “Operator” means Treasure Race LLC, a Michigan limited liability company, and any of its Affiliates involved in the operation or management of an Event.
(j)“Released Parties” means
(i) Operator, its Affiliates, and their respective directors, members, managers, representatives, principals, owners, officers, employees, agents, contractors, and insurers;
(ii) all spectators, co-participants, suppliers, and volunteers;
(iii) all Event sponsors, organizers, promoters, directors, officials, property owners or lessees, and advertisers;
(iv) all governmental bodies and/or municipal agencies whose property and/or personnel are used in connection with an Event.
(k)“Releasing Parties” you, as well as your spouse, children, parents, siblings, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on your behalf.
(l) “Serious Injuries” means, without limitation, property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, neurological disorders/pain, cold injuries, various water-related injuries, including but not limited to drowning; over-use syndrome, animal and/or insect bites and or/stings, and contact with poisonous plants.
2. Description of Event.
Treasure Race is a mobile application-based race that will take participants across a region in pursuit of clues. The first team to earn 100,000 points, unlock all regions of the race, and answer the final clue is the winner. The winner will receive the grand prize. In some races the top ten finishers will receive a prize. All other finishers will enjoy the race but will not receive any prizes or awards.
You represent and warrant that:
(a) you are at least 18 years old;
(b) you are in full command of your faculties and are not under the influence of alcohol or drugs;
(c) you are in good health and in proper physical condition to safely participate in an Event, you have no known or knowable physical or mental conditions that would adversely effect your ability to safely participate in the Event, or that would result in your participation creating a risk of danger to yourself or to others, and you have not been advised or cautioned against participating in any Event by a medical practitioner; and
(d) you have, and will maintain through the conclusion of the Event, medical insurance and automobile insurance.
You understand, acknowledge and agree that:
(a) participation in the Event is strictly personal, and your registration cannot be transferred;
(b) the consumption of any alcohol, and any illicit or illegal drugs or substances, before and during an Event is strictly prohibited;
(c) an Event is subject to multiple safety and operational considerations, and acts of God, and various circumstances may cause delay, modification, rescheduling, or cancellation of an Event, at Operator’s sole discretion;
(d) Operator, at its sole discretion, may delay, modify, reschedule, or cancel an Event if conditions, or natural or man-made emergencies, make conducting or administering the Event unreasonably difficult or unsafe;
(e) you may be dismissed from participation in an Event if you fail to comply with any Rules, endanger the safety of others, or negatively effect the Event, a person, a facility, or property of any type or kind;
(f) you assume all liability and responsibility for your actions and safety, and Operator does not assume any liability or responsibility for your actions or for the actions of any other participants, volunteers, or third party not an employee or contractor of Operator;
(g) it is your responsibility to consult with your personal physician prior to participating in the Event to ensure that such participation will not pose any unusual risks to your physical or mental health and well-being;
(h) Operator has the authority to halt your participation in any Event at any time that: (i) Operator deems it necessary to protect the safety of participants, spectators, and other personnel, and/or promote the fairness and integrity of the Event; and/or (ii) you disobey any Rules, or your behavior endangers safety, or negatively effects or threatens the Event and/or any person, facility, or property of any type or kind;
(i) all fees and associated costs paid in registration for an Event are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or Event delay, rescheduling, modification, or cancellation;
(j) the Event activities may be dangerous, and could cause Injuries to you and Released Parties;
(k) the Event involves Inherent Risks, and other risks that you acknowledge are open and obvious, and that you have been informed and warned of those risks;
(l) while particular Rules and personal discipline may reduce risks, the risk of Injuries does exist;
(m) you are not in any way required to participate in any Event, but you are choosing to do so of your own free will, knowingly and voluntarily; and
(n) AFTER THE OPPORTUNITY TO FULLY INFORM YOURSELF ABOUT AN EVENT, YOU KNOWINGLY AND VOLUNTARILY ASSUME AND ACCEPT ALL RISKS ASSOCIATED WITH THE EVENT, INCLUDING KNOWN, UNKNOWN, AND INHERENT RISKS, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF ANY KIND OR NATURE ASSOCIATED WITH THE EVENT.
5. Agreements and Obligations.
(a) to familiarize yourself with, and to fully comply with, all Rules, as well as all applicable federal, state, and local laws, statutes, regulations, and rules;
(b) to continuously monitor your own physical and mental condition during an Event, and to withdraw immediately, and notify appropriate Event personnel, if at any time your continued participation would create a risk of danger to yourself or to others;
(c) to abide by any decision of an Event official relative to your ability to safely complete the Event, which decision is at the sole discretion of the Event official;
(d) not to participate in an Event while under the influence of alcohol and/or illicit or illegal drugs, and that you take full responsibility for any consumption of alcohol and/or illicit or illegal drugs after the Event; and
(e) to comply with any COVID-19 risk mitigation protocols required by law, posted publicly or at any facility, and/or communicated to you by Operator, which are subject to revision from time to time; and
(f) not to participate on a class action basis, or on bases involving claims brought in a purported representative capacity on behalf of others, in an claim, demand, or suit involving an Event and/or the Operator.
6. Consents and Authorizations.
(a) authorize appropriate Operator personnel, and emergency medical personnel at the Event, to make emergency medical decisions on your behalf (including, but not limited to CPR and AED), in the event of an Injury to you that renders you unconscious or incapable of making a medical decision;
(b) consent to the administration of first aid, and other medical treatment and transportation, in the event of any Injury, and you hereby release and indemnify Released Parties from any and all liability or Claims arising out of such treatment and/or transportation;
(c) agree to assume all costs of emergency medical care and transportation; and
(d) irrevocably, absolutely, and in perpetuity, grant unlimited permission to the Operator to film, videotape, and otherwise record the Event activities, including your participation in Event activities, and subsequently to telecast, sell, distribute, and otherwise utilize or commercialize the same in whatever manner Operator deems appropriate, including for publicity, marketing, advertising, and promotional purposes. Such permission includes, without limitation, granting the unlimited and irrevocable right to Operator, without compensation of any kind to me, to own, use, publish, copyright, reproduce, sell, distribute, or broadcast your name, nickname, image, likeness, voice, photograph, signature facsimile, or any other depiction of any kind of you or your likeness (collectively, the “Images”), in connection with or due to your participation in any Event activities, in any electronic or print format or media whatsoever, whether such format is now known or later developed. You acknowledge and agree that Operator and its representatives will have this unlimited right throughout the world.
7. Release and Indemnification.
(a) You, on behalf of the Releasing Parties, hereby knowingly and voluntarily release, forever discharge, and covenant not to sue, the Released Parties with respect to any and all Claims that you have or may have based on, or arising in connection with, any Event, your participation in any Event, and/or any acts or omissions of Released Parties in connection with any Event.
(b) You shall defend, indemnify, and hold harmless the Released Parties from and against any and all Claims, by you, or by any other Released Parties or other third party individual or entity, arising out of or in connection with: (a) your participation in any Event; and/or (b) any of your acts or omissions in connection with any Event; in each case regardless of whether or not the Claim is or was caused by, or alleged to be caused, by the active or passive negligence of the Released Parties.
8. Limitation of Liability. You agree that the Released Parties shall not be responsible or liable to you for any Injury to you, in each case whether caused by the active or passive negligence of any Released Party. In addition, regardless of the form of action or theory of recovery, in no event shall any Released Parties be liable or responsible to any Releasing Party, in connection with any Event, and/or your participation in any Event, for any (a) indirect, consequential, incidental, special, punitive or exemplary damages, including lost income, even if the Released Parties are aware of the possibility of such damages; and/or (b) direct damages in an amount in excess of the fees paid by you for the applicable Event.
9. General Provisions. These Terms are governed by the laws of the United States and the State of Michigan. These Terms are the sole understanding of the parties with respect to the stated subject matter and may be amended only by a written agreement signed by Operator. Any waiver Operator’s rights or remedies related to these Terms must be in writing, signed by Operator to be effective, and no waiver shall be implied from a failure of Operator to exercise a right or remedy. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be enforced to the fullest extent that it is valid and enforceable under applicable law, and all other provisions shall remain in full force and effect.