Terms and conditions

Please read these Terms & Conditions carefully.  These Terms & Conditions, taken together with the Official Rules for HUNT THE FORT experience and the Publicity Release Form constitute a binding agreement as to your participation in the HUNT THE FORT experience. DO NOT PURCHASE GAME PLAY  TICKETS OR PARTICIPATE IN THE HUNT THE FORT EXPERIENCE UNLESS YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS & CONDITIONS AS WELL AS THE OFFICIAL RULES FOR THE HUNT THE FORT EXPERIENCE AND THE PUBLICITY RELEASE FORM. These Terms & Conditions, the Official Rules and the Publicity Release Form supersede any prior understandings or agreements, whether oral or written. The terms of the Official Rules and Publicity Release Form are incorporated herein by reference. In the event of any inconsistency between these Terms & Conditions, the Official Rules and the Publicity Release Form, these Terms & Conditions shall prevail, govern and control in all respects. 

In consideration of being allowed to participate in the HUNT THE FORT Experience conducted by HAMILTON CENTER FOR CHILD ADVOCACY 501(c)3 (HCCA) non-profit entity, I acknowledge, warrant and agree to the following: 

Requirements for Scavenger Hunt Experience Contestants: 

(1) One team member must be 18 years (or age of majority in my jurisdiction of residence, whichever is higher) or older (2) have the power to enter a binding contract with HUNT THE FORT and not be barred from doing so under any applicable laws or any other agreement to which I am a party, and (3) reside in the United States. By my participation in HUNT THE FORT, I affirmatively certify and warrant that I am 18 years of age or older (or age of majority in my jurisdiction of residence, whichever is higher), have the power to enter a binding contract with HUNT THE FORT and reside within the United States. I further certify and warrant that I am not: 

1. In possession of any knowledge of the game play materials or location of the Challenges comprising the Scavenger Hunt Experience prior to HUNT THE FORT’s provision of same to Contestants at the time of purchase; 
2. Subject to a felony conviction or a conviction of any kind for trespassing, larceny, sexual assault or domestic violence that has not been overturned or; 
3. Currently registered, or required to register, as a sex offender.   

You may participate in HUNT THE FORT on an individual basis or as part of a group or team.  For group/team participation, the individual within such group/team who has purchased the game play tickets for HUNT THE FORT shall be the Lead Contestant functioning as the authorized representative for all members of the group/team and as the sole liaison with HUNT THE FORT as to the group’s/team’s participation. Lead Contestant assumes full responsibility for informing all Contestants who are members of his/her group/team of any information and materials provided to Lead Contestant by HUNT THE FORT.    

Waiver and Release of Liability: 

I have independently investigated the risk of injury to myself from the activities involved with the HUNT THE FORT (hereinafter collectively referred to as “Activities”), including the potential for permanent disability and death, and understand that, while particular rules, precautions, following provided instructions and personal discipline may reduce this risk, the risk of serious injury is an inherent risk in participation in the Activities; 

I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for said risks; 

On behalf of my heirs, assigns, personal representatives and next of kin and any other party who may take by or through me, I hereby release and hold harmless HUNT THE FORT, its divisions and affiliated companies; their respective officers, officials, agents, employees, volunteers, scsponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the Activities (“Releasees”), with respect to any and all injury, disability, death, or loss or damage to person or property incident to my or involvement or participation in the Activities, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law;

I,  on behalf of my assigns, personal representatives and next of kin and any other party who may take by or through me, agree to defend, indemnify, and hold harmless all the above Releasees from any and all liabilities incident to my involvement or participation in the Activities, even if arising from their negligence, to the fullest extent permitted by law; 

I, on behalf of my assigns, personal representatives and next of kin and any other party who may take by or through me, agree to defend, indemnify, and hold harmless all the above Releasees for any and all claims made by any third-party entity or individual against any Releasee based, in whole or in part, upon any intentional or negligent action by me; 

I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that we have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement; 

I certify that I have not been advised to not participate by a qualified medical professional and that there are no health-related reasons or problems which preclude my participation in this activity being cognizant that such participation involves an not insignificant amount of outdoor activity (e.g., walking/running or cycling) for a period of several hours. 

Release of Photographs and Likenesses of Participants: 

I understand that while participating in the Activities, I may be photographed, videotaped, or otherwise recorded. By  participating in the Activities, I hereby consent to the use of photographs, audio recording, and/or videotape of myself for publicity, promotional, and/or educational purposes (including publications and presentation or broadcast via newspaper, internet, or other media sources) as well as internal/archival purposes, to the fullest extent permitted by law. I do so with full knowledge and consent and waive all claims for compensation for use or for damages. I  agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Hamilton Center for Child Advocacy’s producers, sponsors, organizers, and assigns (to the extent applicable). I further agree to allow my username to be publicly announced if I am the Official Winner of HUNT THE FORT. 

Payment and Refunds: 

I acknowledge that any payment made to Hamilton Center for Child Advocacy for participation in HUNT THE FORT is final and not subject to refund for any reasons other than those expressly described in these Terms & Conditions or Official Rules. I further acknowledge that any and all costs incurred in conjunction with participation in HUNT THE FORT are my sole responsibility; such costs include but are not limited to wireless Internet access charges and travel-related costs.   

Product: 

I acknowledge that I must download the GOOSECHASE app to access game play materials, which are to be used to take part in HUNT THE FORT. Any monetary incentive available to the Official Winner is a bonus and does not constitute the product being purchased. NO PRODUCT IS BEING PURCHASED TO TAKE PART IN THE HUNT THE FORT EXPERIENCE. I further acknowledge attaining the status of Official Winner requires the exercise of intellect, reasoning and critical thinking to properly comprehend and exploit the game play materials and complete Challenges comprising the HUNT THE FORT experience.   

Taxes: 

I acknowledge that I am fully responsible for all applicable taxes on any monetary incentive that I receive in connection with the Activities. I understand that, as a condition precedent for receipt of any monetary incentive, I may be required to produce a completed form W-9 with my Social Security Number and/or other documentation required by State or Federal taxation authorities. 

Copyright: 

I acknowledge that all game play materials, website content, mobile application content, and other content associated with the Activities are at all times the sole property of HUNT THE FORT, which grants to me a limited, nonexclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use the HUNT THE FORT  Content solely for purposes of participation in the corresponding HUNT THE FORT experience in accordance with these Terms & Conditions and the Official Rules. ANY OTHER USE OF THE HUNT THE FORT CONTENT, INCLUDING BUT NOT LIMITED TO REPRODUCTION OR PUBLICATION OF SAME, CONSTITUTES AN ACTIONABLE VIOLATION OF HUNT THE FORT’S RIGHTS.  

Cancellation, Alteration, or Postponement of Scavenger Hunt Experience:

I acknowledge that HUNT THE FORT may cancel the Scavenger Hunt Experience at any time for any reason beyond its control; a force majeure event (e.g., a natural disaster, pandemic/epidemic, civil commotion, riot, strike, act of fraud). In such case, I will receive a full refund. I acknowledge that HUNT THE FORT may be postponed to a later date of HUNT THE FORT’s sole choosing), and that refunds will not be issued in the event of a postponement, except at the sole discretion of HUNT THE FORT. 

Limitation of Liability:  

HUNT THE FORT assumes no liability under any legal theory for: 

• Materials sent by or sent to Contestants that are late, lost, garbled, incomplete, inaccessible, blocked, corrupted, jumbled, misdirected, delayed, or damaged, regardless of cause (all of which are void); 
• incomplete or inaccurate information whether caused by Contestants or any other party, tampering, hacking or by any equipment or programming associated with or utilized with the Scavenger Hunt Experience or by any technical or human error, malfunction or failure; 
• any other error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of HUNT THE FORT materials; 
• any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, programming related to implementation of the HUNT THE FORT experience. 

Severability: 

Should any provision of the Terms & Conditions be held invalid or unenforceable by a tribunal of competent jurisdiction for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms & Conditions, and the application of that provision shall be enforced to the extent permitted by law. Any failure by HUNT THE FORT to enforce the Terms & Conditions or any provision hereof shall not waive HUNT THE FORT’s right to do so. As used in these Terms, the words “include” and “including”, and variations thereof, will be deemed to be followed by the words “without limitation.” 

Governing Law/Jurisdiction: 

The Terms are subject to the laws of the State of Arkansas, United States of America, without regard to choice or conflicts of law principles. Further, to the fullest extent permitted by law, I agree to the personal and exclusive jurisdiction of the Sebastian County Circuit Court (situated in Fort Smith)  to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement or the HUNT THE FORT experience, waiving any claim of change of venue, forum non conveniens or the like.  In any such action, I agree that my recovery shall be limited to a refund of the purchase price of game play materials for the HUNT THE FORT experience, with special, compensatory, punitive, consequential and other damages, attorneys’ fees, as well as any right to equitable or injunctive relief (including any remedy by which I may suspend or interrupt an ongoing HCCA event) being specifically waived. I additionally agree, to the fullest extent permitted by law, to bring any such action solely on an individual basis and agree not to seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.