1. Introduction

Welcome to Lost Treasure, where we offer engaging treasure hunting adventures throughout North America (each a "Hunt"). Please take a moment to review these Lost Treasure Terms and Conditions (the "Terms"). These Terms govern your participation in a Hunt and the use of the treasure map, clues, hints, and any other related materials purchased by you or provided to you by Lost Treasure and its team of affiliates and sponsors (collectively, the "Map"). Additionally, these Terms extend and bind you to the conditions of your interaction with our official website (the "Website").

These Terms constitute a legal agreement between you and Lost Treasure in the jurisdiction of your intended Hunt, herein referred to as "Lost Treasure," "we," or "us." By participating in a Hunt or utilizing the associated Map, you signify your agreement to these Terms. If you do not accept these Terms, you should not partake in a Hunt or access its associated Map.

Lost Treasure retains the right to modify these Terms at any time. If any changes are made, we will endeavor to notify you via email and post the updated Terms on our Website. We may also choose to cancel, suspend, or modify the Hunt, either in part or in full, or your participation therein. Such actions will be executed at the sole discretion of Lost Treasure and will be in accordance with these Terms. Please ensure that you review any modified Terms before continuing your participation in a Hunt. Your ongoing involvement implies your acceptance of the modified Terms.

2. Eligibility

The Hunt is open to legal consenting adults in Canada, specifically those who are 18 years of age or older. If you fail to comply with these Terms, Lost Treasure reserves the right to take appropriate action. You acknowledge that Lost Treasure is under no obligation to reimburse or refund you for your purchase of a Map if you breach the Terms or if any loss, harm or damage occurs to you as further defined in the mandatory waiver (the "Waiver").

3. The Treasure and Collection of the Treasure

For each Hunt, Lost Treasure will provide a set of riddles leading to a specified item hidden somewhere within the set boundaries. The first person who successfully solves these riddles and finds the item at the designated location, herein referred to as the "Finder," will be eligible to receive the grand prize - physical gold and silver with an estimated retail value of $30,000 CAD (the "Treasure"). The Finder must claim their Treasure in a public setting with Lost Treasure's participation and as per the direction and instructions of Lost Treasure. Before collecting the Treasure, the Finder must sign a legally binding non-disclosure agreement and participate in a public interview to protect the security of the Hunt and ensure transparency with our audience. It is important to note that the value of gold and silver can fluctuate daily, and Lost Treasure is not responsible for any such fluctuations. The Treasure is also subject to change to a prize of equal value without notice to the Participants and at Lost Treasure's sole discretion.

The specified item's location is situated within the publicly-accessible area outlined in the Hunt's advertisement. The successful interpretation of the riddles on the Map will lead participants to the location of the item.

The Finder must have successfully solved all riddles leading to the Treasure and may be required to demonstrate their reasoning, methodology, or work in solving them. Lost Treasure reserves the right to assess the validity of the Finder's solution process. If the Finder is unable to provide satisfactory proof of their solutions, as determined at Lost Treasure's sole discretion, they may be disqualified from claiming the Treasure.

4. General Disclaimers

Hunts are designed to provide the participants with immersive real-world experiences and friendly competition. When you purchase a Map, you thrust into the world of a real-life treasure hunter and granted the opportunity to apply your problem-solving skills to decipher clues and hints provided in our Maps. Purchasing a Map or using the Website or any other source of information does not guarantee that you will become the Finder and win the Treasure.

Acquiring a Map from Lost Treasure does not grant you permission to infringe or enter private property, damage or disrupt public or private utilities and rights-of-way, or interfere with any properties. You must continue to abide by all local laws, bylaws, and regulations. Our Hunts are designed with public interests in mind without impacting any private or public properties. Any breach or trespass on unsanctioned public and private property rests on the participant and Lost Treasure is indemnified and the participant holds them harmless for any loss, damage, injury or otherwise.

The Hunt is a live event, and circumstances may arise that necessitate spontaneous changes due to unforeseen events beyond Lost Treasure's control. While Lost Treasure will always maintain the integrity of the Hunt, Participants acknowledge that adjustments may be required.

Winners are responsible for any local, provincial, and federal income taxes with respect to the Treasure. You agree to provide any required documentation to prove your eligibility for any awarded prize, including documentation regarding your tax identification number and status. You also indemnify Lost Treasure for any taxes, gains, and obligations to disclose.

5. Participation in a Hunt

5.1 Safe and Appropriate Behavior

While participating in a Hunt, please exercise caution and behave responsibly. Your participation is entirely at your own risk, and you must comply with all applicable laws, regulations, and the instructions outlined in these Terms and in the Waiver. You must also refrain from encouraging others to violate these rules. Trespassing on private property or areas marked with "keep out" signage is strictly prohibited.

5.2 Your Interactions with Other People

During a Hunt, you agree to maintain safe and respectful interactions with fellow participants and any other individuals you may encounter. You must not harass, threaten, or infringe upon the legal rights of others. Trespassing or attempting to access any property or location without permission is prohibited. Any disputes with third parties related to your participation in a Hunt should not involve Lost Treasure. By participating in a Hunt, you release Lost Treasure, along with its officers, directors, agents, subsidiaries, joint ventures, and employees, from any claims and damages resulting from such disputes.

You understand and accept the risks associated with your communications and interactions with other participants and any other individuals you communicate or interact with as a result of your participation in a Hunt. Lost Treasure does not screen or investigate the background of Hunt participants and does not provide representations or warranties concerning their behavior. You agree to exercise reasonable caution during your interactions with others.

5.3 Assumption of Risks

Unless prohibited by applicable law, you willingly and voluntarily assume all risks associated with the Hunt, including any injuries and property damage that may occur before, during, or after the Hunt. You recognize that Hunts inherently involve unforeseen risks, including but not limited to contact or collision with objects, obstacles, equipment-related hazards, weather-related hazards, inadequate first aid measures, judgment or behavior-related issues, and natural hazards. You agree to take reasonable precautions before participating in a Hunt, such as consulting with a medical professional to ensure your physical health is suitable, wearing appropriate attire, and bringing any necessary supplies. It is your responsibility to assess your surroundings while participating in a Hunt. If you identify unsafe conditions or excessive risks, you must immediately cease your participation.

To the extent permitted by applicable law, you waive and release Lost Treasure and any other parties involved in organizing or delivering a Hunt from all claims, demands, causes of action, damages, losses, expenses, or liability arising from your attendance or participation in a Hunt, including claims for negligence, unforeseen risks, injuries, property damage, and actions by third parties, other Hunt participants, and bystanders.

5.4 Who May Participate in a Hunt

Unless otherwise specified for a particular Hunt, minors are allowed to participate, provided they are accompanied by a parent or guardian, receive the necessary permission and have a parent sign the Waiver. Parents and guardians are encouraged to review these Terms and the content of the Map to determine its appropriateness for their children. If you allow your child to participate in a Hunt, you recognize that you are responsible for their actions, and any claims and losses resulting from their participation. Minors must be accompanied by a parent or guardian who purchased a Map. Lost Treasure retains the right to limit participation to a specified age group. If a Hunt is designated as "18+," no participants under the age of 18 are allowed to participate.

5.5 Details of the Riddle Locations

The Hunt's riddle locations may be found by solving the riddles. Please note that the riddle locations:

• May not be accessible 24 hours per day.
• Will not require you to trespass on private land that you wouldn't ordinarily be allowed to access otherwise.
• Will not cost an entrance fee to locate.
• Will not put you in any type of unreasonable danger.
• Are located within the playable area outlined by Lost Treasure.

5.6 Recordings and Use of Likeness

You consent to these terms and conditions approves and grants Lost Treasure the right to record your image, likeness, name, dialogue, biographic information, personal characteristics, and voice while participating in a Hunt and free use of this information. Lost Treasure 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 and your purchasing of a map indicates your consent.

6. Limited License to Use Map

Subject to your compliance with the Terms, Lost Treasure grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view the Map on our Lost Treasure website. Except as expressly permitted in these Terms or under applicable law, you may not:

• Copy, modify, or create derivative works based on the Map.
• Distribute, transfer, sublicense, lease, lend, or rent the Map to any third party.
• Reverse engineer, decompile, or disassemble the Map.
• Make the Map available to multiple users through any means.

Lost Treasure reserves all rights in and to the Map not expressly granted to you under the Terms.

7. Conduct, General Prohibitions, and Lost Treasure'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 our Website through the use of any technology or means other than those provided by Lost Treasure 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 Website or the Map.
• Bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Lost Treasure or any of Lost Treasure's providers or any other third party (including another user) to protect the Website or the Map.
• Access, tamper with, or use non-public areas of the Website, Lost Treasure's computer systems, or the technical delivery systems of Lost Treasure's providers.
• Attempt to probe, scan, or test the vulnerability of any Lost Treasure 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 Website.
• Violate any applicable law or regulation.
• Encourage or enable any other individual to do any of the foregoing.

Although Lost Treasure is not obligated to monitor access to or use of the Website 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 Website 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 Website, is a breach of Lost Treasure's Terms and may be a breach of law.

8. Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

Periodically, Lost Treasure and/or its partners may organize sweepstakes, contests, raffles, surveys, games, and similar promotions (each a "Promotion"). In addition to the Terms, Promotions will be subject to particular terms which will be communicated to you at the time of these Promotions ("Promotional Terms") and all Promotion will be designed to test your skills and will not be of chance. By participating in any Promotion, you will become subject to those Promotional Terms. All Promotional Terms are incorporated into, may vary from, and will supersede the Terms. Lost Treasure urges you to read the Promotional Terms. Our Privacy Policy, in addition to the Terms and any Promotional Terms, govern any information you submit in connection with such Promotions.

9. Third-Party Websites or Resources

The Website may contain links to third-party websites or resources. Lost Treasure 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. Lost Treasure 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 Website, and you hereby waive and release Lost Treasure and any other party involved in creating or delivering the Website 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 Website 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 we will provide maps, clues, and hints until there is a winner, with the exclusion of Section 13.3.

11. Limitation of Liability

To the extent permitted under applicable law, neither Lost Treasure 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 Website 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 Lost Treasure 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 Lost Treasure's total liability arising out of or in connection with these terms, a Hunt, or from the use of or inability to use the Website or the map exceed one hundred dollars ($100 CAD). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the agreement between Lost Treasure and the participant.

12. Dispute Resolution

Should any dispute arise between Lost Treasure and the Participant relating to this Agreement, or the rights or liabilities of the Participant under this Agreement, the parties must make every reasonable effort to settle the dispute themselves. If after thirty (30) days a resolution cannot be agreed upon, then such dispute shall be referred to a mediator first. If no resolution can be reached by way of mediation, then such dispute shall be referred to a single arbitrator. If the parties are unable to agree upon a single arbitrator, then each such dispute shall be referred to a single arbitrator, to be appointed by a judge of the Supreme Court of British Columbia pursuant to the Arbitration Act of the Province of British Columbia or in the respective jurisdiction of the incident.

Every dispute submitted to arbitration shall be dealt with and disposed of pursuant to the Arbitration Act and every arbitral award or determination shall be final and binding, and the parties agree that there shall be no appeal from any such award or determination. The Arbitrator shall determine who shall bear the costs of arbitration pursuant to this section.

12.1 Governing Law and Exclusive Venue

The parties agree to be bound by the laws of the Province of British Columbia.

13. General

13.1 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Lost Treasure and you regarding the Website, Hunts, and Maps. These Terms supersede and replace any and all prior oral or written understandings or agreements between Lost Treasure and you regarding the Website, Hunts and Maps.

13.2 Severability

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 Lost Treasure's prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. Lost Treasure 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 Lost Treasure nor any other party involved in creating, producing, or delivering the Website, Hunts or Maps will be liable with respect to any damages, injuries, non-performance, delay in performance, or cancellation of the Hunt by reason of any act of God, pandemic, lockdown, martial law, civil unrest, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, technical failure of any kind, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

13.4 Notice

Any notices or other communications provided by Lost Treasure under the Terms, including those regarding modifications to the Terms, will be given via email and by posting to the Website. 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.

13.5 Waiver

Lost Treasure'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 Lost Treasure. 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.

14. Technology Requirements

To partake in a Hunt, you must have access to the internet, a computer or mobile device, and any other associated hardware, software, and communication equipment needed to participate, and you are solely responsible for ensuring these are operational and adequately maintained and Lost Treasure is not responsible for providing you with any of the aforementioned hardware. Lost Treasure does not guarantee that the Website will be compatible with your technology setup. Lost Treasure is not responsible for issues arising from technology disruptions or unavailability.

15. Pricing and Payment

The price of each Map is clearly displayed on the Website or other distribution channels. Prices are subject to change at the discretion of Lost Treasure. Once you purchase a Map, you will be charged for it at the time of purchase. Payments can be made through the accepted payment methods displayed on the Website. Lost Treasure reserves the right to deny any payment made with a suspicious credit card or other payment methods.

16. Refund Policy

Lost Treasure acknowledges that circumstances may necessitate the cancellation of your participation in a Hunt. The following conditions apply:

Refunds for Purchased Maps

If a Hunt is canceled or you are unable to participate due to circumstances beyond your control, you may request a refund. All refund requests must be submitted in writing to Lost Treasure through the "Contact Us" link on the Website. The refund request will be evaluated based on your unique circumstances.

Used Maps

Once a Map has been utilized, no refunds will be granted, regardless of the reason for your cancellation.

17. Website Use

17.1 Content

The content provided on the Website, including but not limited to text, graphics, images, and other material, is for information purposes only. This content is not meant to substitute professional advice. Lost Treasure is not responsible for any reliance you place on the content. You should consult with professionals or specialists as required to address your particular situation.

17.2 User-Generated Content

Lost Treasure may grant you the ability to post, upload, share, or submit information on the Website. If you choose to do so, please adhere to these guidelines:

• You agree not to post any content that is offensive, obscene, defamatory, libelous, threatening, hateful, or promotes violence.
• You will not share any content that breaches the rights of others, including their privacy rights, intellectual property rights, or proprietary rights.
• You guarantee that you have the necessary permissions to share any content on the Website and that such content is true and not misleading.
• Lost Treasure has the right to remove any content you post on the Website at its discretion or alternatively to contact the respective social media company to file the requisite complaint.

18. Privacy Policy

Your privacy is important to Lost Treasure. To better understand our practices, please review our Privacy Policy, which is incorporated by reference into these Terms.

19. Intellectual Property

Lost Treasure retains all proprietary rights in the Hunt, Map, Website, and related intellectual property. These rights include but are not limited to copyrights, trademarks, and any other intellectual property rights. You agree not to reproduce, distribute, or display any content, including the Map, without explicit written permission from Lost Treasure.

20. Termination

Lost Treasure may, at its sole discretion, discontinue your participation in a Hunt or access to the Website without prior notice for any reason, including your breach of these Terms.

21. Governing Law and Venue

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia, Canada or the jurisdiction in which the respective Hunt is taking place.

22. Contact Information

If you have any questions, complaints, or require additional information, please contact Lost Treasure at the following address:

Lost Treasure
329 Howe Street #1551
Vancouver, British Columbia, V6C3N2
[email protected]
778-614-3119