Official Treasure Hunt Contest Rules and Waiver
Effective April 21, 2021
1. HOW TO ENTER: Happy Hunting (“Sponsor”) is hosting monthly treasure hunts (“monthly hunts”) in Massachusetts. These rules constitute the official rules for those monthly hunts (collectively, the “Official Rules”).
a. Our monthly hunts will begin on the date and time as posted on Happy Hunting’s website: www.Happyhuntingnewengland.com (“”Happy Hunting website”). To purchase entry to a monthly hunt, Participants must purchase an entry ticket to the hunt on the Happy Hunting website by 10 am EST on the date of the hunt. Hunt dates will vary month to month, but will be announced on our website at least one week prior to the hunt date. In addition to purchasing entry, Participants will need a valid email address, and internet connection to participate in the hunt.
2. ELIGIBILITY: Happy Hunting is 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 purchased entry into a monthly hunt. Employees of Happy Hunting, affiliates, subsidiaries, advertising agencies and promotional partners associated with Happy Hunting, and relatives of and those living in the same household as such employees (whether legally related or not) are not eligible to enter. Relatives are defined to include spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. One entry per individual. Void where prohibited by law.
3. PROMOTION: The first registered Participant to complete all riddles, puzzles and find the hidden 2x2 treasure box and contact Happy Hunting at email@example.com with the claim code hidden inside the treasure box will be the winner of the monthly hunt. Upon successful verification of all information, as determined by Happy Hunting, the Participant will be declared the winner and will receive the hunt’s prize amount, determined by Happy Hunting prior to the hunt and communicated to all participants prior to the start of the hunt. Prizes will only be awarded to the first Participant who is successfully verified by Happy Hunting. To complete all riddles, puzzles and find the treasure box requires skill. The treasure box cannot be found without completing all riddles and puzzles and the winner will never be selected by a random draw. This is a game of skill.
4. CONDUCT: At no time will Happy Hunting require participants to engage in unlawful or illegal activity. By purchasing entry into a monthly hunt, Participants agree to not trespass, or in any manner attempt to gain access to any private property or any location where participants do not have a legal right or permission to be. Participants agree that they will respect all other participants, and non-participants, that they interact with during a monthly hunt. Participants agree to not violate the legal rights of other. Happy Hunting reserves the right, in its sole discretion, to disqualify any Participants who are in violation of the Official Rules.
5. LICENSE OF ENTRY MATERIAL AND REPRESENTATIONS AND WARRANTIES: Participants agree that by participating in the monthly hunts, the Participant grants to Happy Hunting and its affiliates the irrevocable, perpetual, worldwide license in and to the Material in all forms of media now known or later invented in connection with the advertising, promotion and marketing of Happy Hunting, Happy Hunting’s merchandise and including without limitation the publication of the Material on Happy Hunting’s social media channels, display media, email marketing, retail and websites. The license allows Happy Hunting and its affiliates to manipulate, alter, or combine the Material with any other intellectual property without any limitations on time or usage, including organic and paid efforts. Participants hereby represent and warrant that they own or have valid permissions for this license of all intellectual property rights in and to all Material submitted in connection with the monthly hunts, including all names, pictures, likeness, voices, biographical data and any other information, and that Participants indemnify Happy Hunting for Happy Hunting’s use of the Material in accordance with these Official Rules. Participants hereby represent and warrant that all Material submitted inclusive of all video clips and photographs are original works created by submitter and may not include any recognizable third persons.
6. RELEASE, HOLD HARMLESS AND INDEMNIFICATION: By entering a monthly hunt, all participants in the monthly hunt, participant’s heirs, executors, administrators, legal successors and/or assigns release and agree to defend, indemnify and hold harmless Happy Hunting and Ryan Collins from and against any and all claims, demands, losses and causes of action for any damages (including, wihtout limitation all consequential, punitive, and inidental 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 monthly hunts and the activities or for any and all claims based on rights of publicity and rights of privacy whether any of these things are causes, in whole or in part, by the acts, commissions, negligence or misconduct of the sponsor and/or the released parties.
7. DISCLAIMERS: By participating in the monthly treasure hunts, Participant agrees to release, discharge, indemnify and hold harmless Happy Hunting, Ryan Collins, and his 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 monthly hunts (including travel to/from any monthly 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 monthly 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 monthly hunts 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 Happy Hunting; 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 monthly hunts; 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.
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, monthly hunt content or any advertising materials for the monthly hunt, or for any kind of computer, electronic, hardware, software, Internet, network, data, technical or telephone failures and/or problems caused by Happy Hunting and/or the Released Parties or the user, or by any of the equipment or programming associated with or utilized in the monthly hunt, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the monthly, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.
If the monthly 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 Happy Hunting and/or the Released Parties, any user or Participant, or by any of the equipment or programming associated with or utilized in the monthly hunt, Happy Hunting reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the monthly hunt without notice, and select prizewinners from all valid entries received for the monthly 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 Happy Hunting’s control.
8. 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 monthly treasure hunts; (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 monthly hunts; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the monthly hunts, the uploading, the processing, evaluating, or judging of entries, the announcement of the prizes, or in any monthly hunt-related materials; (5) 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 monthly hunt or receipt or use or misuse of any prize (including any travel/activity related thereto); (6) any claims that the entry violates or infringes the intellectual property rights of a third party; (7) 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.
9. 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 Happy Hunting relating to the subject matter.
11. DISPUTES/GOVERNING LAW: Except where prohibited, as a condition of participating in monthly hunts, each Participant agrees that any and all disputes that cannot be resolved between the entrant and Happy Hunting, claims and causes of action arising out of or connected with this Promotion, or the Prize, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a Participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten dollars ($10.00), and entrant further waives all rights to have damages multiplied or increased.
12. TEAM MEMBERS: If a registered Participant in a monthly hunt chooses to collaborate with other persons (forms a team with non-registered participants) Participant acknowledges and agrees they are solely responsible for ensuring each of the collaborating individuals complies with all of these Official Rules. Only registered Participants are eligible to receive a prize. Participant agrees to indemnify and hold harmless Happy Hunting, 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 monthly hunts.
13. DISCLAIMER:Monthly hunts are in no way sponsored, endorsed, or administered by, or associated with Facebook.