TERMS AND CONDITIONS

THE TREASURE HUNT EVENT RULES, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND IDEMNITY AGREEMENT

WE ARE EXCITED TO HAVE YOU PARTICIPATE IN THE TREASURE HUNT EVENT HOSTED BY GUIDE TO SPOKANE | SPOKANEWASHINGTON.COM. PLEASE READ THESE RULES, ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND IDEMNITY AGREEMENT (COLLECTIVELY “RULES”) CAREFULLY. YOU MUST AGREE TO THESE RULES IN ORDER TO PARTICIPATE IN THE TREASURE HUNT EVENT.

YOU MUST RESIDE IN THE UNITED STATES OF AMERICA, AND BE 18 YEARS OF AGE OR OLDER TO PARTICIPATE IN THE TREASURE HUNT EVENT. IF YOU DO NOT RESIDE IN THE UNITED STATES, AND ARE NOT AT LEAST 18 YEARS OF AGE, PLEASE DO NOT CONTINUE. 

PARTICIPATION IN THE TREASURE HUNT EVENT CARRIES WITH IT CERTAIN OBLIGATIONS AND INHERENT RISKS THAT CANNOT BE ELIMINATED REGARDLESS OF THE CARE TAKEN TO AVOID INJURIES OR HARM. THE RISKS INCLUDE, BUT ARE NOT LIMITED TO, THOSE CAUSED BY TERRAIN, STREET CONDITIONS, TEMPERATURE, WEATHER, PHYSICAL CONDITION OF PARTICIPANTS, ANIMALS (WILD AND DOMESTIC), PLANTS, VEHICULAR TRAFFIC, ACTIONS OF OTHER PEOPLE (BOTH PARTICIPANTS AND NON-PARTICIPANTS), AND/OR RULES AND PROCEDURES OF THE TREASURE HUNT EVENT. PARTICIPANTS ASSUME ALL THE RISKS OF PARTICIPATING IN THE TREASURE HUNT EVENT, INCLUDING, WITHOUT LIMITATION, RISKS OF PHYSICAL INJURY, LIABILITY, AND FINANCIAL INVESTMENT AND/OR HARM. 

THIS TREASURE HUNT EVENT IS SUBJECT TO OUR TERMS AND CONDITIONS RELATING TO DISPUTE RESOLUTION AND ARBITRATION/WAIVER OF CLASS ACTION AND JURY TRIAL, WHICH MAY BE REVIEWED HERE: https://spokanewashington.com/terms-of-use/. BY PARTICIPATING IN THE TREASURE HUNT YOU ARE WAIVING OR GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR INJURY. YOU ARE ALSO AGREEING TO INDEMNIFY AND HOLD HARMLESS GUIDE TO SPOKANE | SPOKANEWASHINGTON.COM. PLEASE READ THE AGREEMENT CAREFULLY BEFORE PARTICIPATING IN THE TREASURE HUNT EVENT. 

NO PURCHASE IS NECESSARY TO PARTICIPATE IN THE TREASURE HUNT EVENT.

A. How to Participate in the Treasure Hunt: As described in detail in Section D, Guide to Spokane | spokanewashington.com will be hiding a treasure in a secret location in or near Spokane, Washington.  Follow the clues available from time-to-time via Guide to Spokane’s Treasure Hunt Event webpage (https://spokanewashington.com/clues/) and various social media channels and be the first person to locate, to retrieve, and to win the prize.

B. Definitions: The following definitions apply, regardless of whether the term is capitalized.  

1. “RULES” or “AGREEMENT” means this Treasure Hunt Event Rules, Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement.
2. “TREASURE HUNT” and/or “TREASURE HUNT EVENT” means Guide to Spokane’s | spokanewashington.com ongoing Treasure Hunt Event, commencing the first day of each month, and ending when the prize has been located, retrieved, and opened by a Participant. 
3. “PARTICIPANT” means a qualified individual permitted to participate in the Treasure Hunt Event by completing all the registration requirements. 
4. “GUIDE TO SPOKANE” and/or “SPOKANEWASHINGTON.COM” means Guide to Spokane, spokanewashington.com website, and its employees, officers, directors, shareholders, affiliates, subsidiaries, agents, representatives, insurers, successors, and assigns. 
5. “YOU” and “YOUR” means the person consenting to be bound by the terms of this Agreement. 

C. Assumption of Risk, Release and Waiver, and Indemnification:  

1. Follow these Rules and All Laws: You must comply with these Rules and with all local, state, and federal laws, including traffic laws. This contest is void wherever prohibited or restricted by law. All federal, state, and local laws and regulations apply.
2. Disqualification/Dismissal: Guide to Spokane | spokanewashington.com may dismiss and/or disqualify You from participating in the Treasure Hunt Event (without any refund) if You are ineligible to participate, if You violate any laws (local, state, or federal), endanger anyone’s safety, damage property (personal or real), and/or if You fail to follow the Rules.
3. Assumption of Risk: You understand that Your participation in the Treasure Hunt Event may be dangerous and could cause bodily harm, illness, injury, disability, and/or death to You or others. The risks associated with Your participation in the Treasure Hunt may be known and unknown; may be caused by defects or conditions of or at the Treasure Hunt Event; may be caused by weather, landscape, fixtures, travel, animals (wild and domestic), and/or other people (just to name a few); and may be caused by Your failure to behave within the limitation of Your own abilities. By participating in the Treasure Hunt Event, You knowingly and voluntarily assume all risks including, without limitation, any risks associated with any acts, omissions, or negligence on the part of Guide to Spokane | www.spokanewashington.com, Yourself, or other Participants. You understand and agree that Guide to Spokane | www.spokanewashington.com has no liability to You for any present or future claims relating to Your participation in the Treasure Hunt. 
4. Release and Waiver: YOU UNDERSTAND AND AGREE THAT YOUR PARTICIPATION IN THE TREASURE HUNT EVENT IS ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE AWARE OF THE RISKS ASSOCIATED WITH YOUR PARTICIPATION, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL AROUND THE TREASURE HUNT EVENT OR ITS LOCATIONS. YOU, YOUR FAMILY, ESTATE, HEIRS AND ASSIGNS RELEASE, WAIVE, AGREE NOT TO SUE, AND FOREVER DISCHARGE GUIDE TO SPOKANE | WWW.SPOKANEWASHINGTON.COM AND ITS EMPLOYEES, REPRESENTATIVES, AND AGENTS, OF AND FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, ACTIONS, INACTIONS, AND CAUSES OF ACTION, INCLUDING ATTORNEYS’ FEES (“CLAIMS”) ARISING FROM OR IN ANY WAY RELATED TO THE TREASURE HUNT EVENT OR FROM YOUR PARTICIPATION AND/OR INVOLVEMENT IN OR WITH THE TREASURE HUNT EVENT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM CAUSED BY ANY ACT, OMISSION, OR NEGLIGENCE OF GUIDE TO SPOKANE | WWW.SPOKANEWASHINGTON.COM, YOURSELF, OR ANY PARTICIPANT OR NON-PARTICIPANT, WHETHER BROUGHT BY YOU OR ON YOUR BEHALF.   
5. Indemnification: YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GUIDE TO SPOKANE | WWW.SPOKANEWASHINGTON.COM AND ITS EMPLOYEES, REPRESENTATIVES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS ARISING FROM OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE TREASURE HUNT, AND/OR FROM YOUR BREACH OF THIS AGREEMENT. YOU UNDERSTAND THAT THIS INDEMNIFICATION, DEFENSE AND HOLD HARMLESS OBLIGATION EXTENDS TO ALL CLAIMS OF ANY KIND ARISING FROM OR RELATING TO YOUR PARTICIPATION IN THE TREASURE HUNT, INCLUDING, WITHOUT LIMITATION, ANY CLAIM CAUSED BY ANY ACT, OMISSION, OR NEGLIGENCE OF GUIDE TO SPOKANE | WWW.SPOKANEWASHINGTON.COM, YOURSELF, OR ANY PARTICIPANT OR NON-PARTICIPANT, WHETHER BROUGHT BY YOU OR ON YOUR BEHALF, OR BY ANY THIRD PARTY.  
6. Eligibility to Participate: Participants must be residents of the United States of America, and at least 18 years of age. Employees of Guide to Spokane | www.spokanewashington.com, its respective affiliates, subsidiaries, dealers or retailers, advertising, production and promotion agencies, the independent judging organization, and the immediate families and/or members of the same household of each are not eligible. 
7. Participant Bears Costs of Participation: You are solely responsible for all costs relating to Your participation in the Treasure Hunt Event. Guide to Spokane | www.spokanewashington.com is not liable for any costs You incur in connection with Your participation or planned participation in the Treasure Hunt. 
8. Delay, Rescheduling, Cancellation: You understand the Treasure Hunt Event is an event subject to multiple safety considerations and acts of God.  Wind, rain, dry weather, heat, infrastructure disruptions, protests, and war (for example), may cause delay, rescheduling, or cancellation. Under no circumstances are You entitled to a refund or compensation from Guide to Spokane | www.spokanewashington.com for delay, rescheduling, or cancellation of the Treasure Hunt Event.
9. Permission to Use Your Name, Image and/or Likeness: As a condition of Your participation in the Treasure Hunt Event, except where prohibited by law, You grant to Guide to Spokane | www.spokanewashington.com all rights, title, and interest in and to publicize, broadcast, display and/or otherwise use Your name, city, state, image, and likeness (collectively, “Licensed Rights”) in any media for advertising and publicity purposes, without additional review, compensation to, or approval by You. The Licensed Rights include, without limitation, any photograph(s) or video(s) of You relating to Your participation in the Treasure Hunt.
10. Severability: If any provision of this Agreement is deemed unlawful and/or unenforceable by a court of competent jurisdiction, such provision(s) shall be fully severable, and the remainder of this Agreement shall remain in full force and effect.
11. Interpretation and Choice of Law: This Agreement shall be construed and interpreted only under the laws of the State of Washington without regard to conflict of laws principles. The section headings and titles in this Agreement are for organizational purposes only and are not part of the Agreement and, as such, may not be used to interpret the language of any of the provisions herein. 
12. Revisions to and Interpretation of Rules, Prizes: Guide to Spokane | www.spokanewashington.com may, to the maximum extent permitted by applicable law and in our sole discretion, change these rules or cancel the Treasure Hunt Event at any time; or modify, terminate, or suspend the Treasure Hunt Event in the event of any technical problems, unauthorized human intervention, acts of God, or other causes beyond our control that corrupt or impair the administration, security, fairness or proper play of the Treasure Hunt Event or submission of entries.  Guide to Spokane | www.spokanewashington.com is not responsible for: (a) lost, misdirected, late, incomplete, or unintelligible entries or for inaccurate entry information, whether caused by you or by any of the equipment or programming associated with or utilized in the Treasure Hunt Event, or by any technical or human error that may occur in the processing of entries; (b) any printing or typographical errors in any materials associated with the Treasure Hunt Event; (c) any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, the Treasure Hunt Event location(s) or buried item(s), or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the Internet or at any website; or (d) injury or damage to your or any other computer resulting from downloading any materials in connection with the Treasure Hunt Event. We may, in our sole discretion, disqualify any individual found to be (x) tampering with the entry process or the operation of the Treasure Hunt Event or any Guide to Spokane | www.spokanewashington.com property; (y) acting in violation of these Rules; or (z) acting in an unsportsmanlike or disruptive manner or with intent to annoy, abuse, threaten or harass any other person.  Any entry that is incomplete or that is submitted using robotic, automatic, programmed or similar entry methods will be void.  If any technical errors occur in the selection of the potential prize winner or if more prizes are claimed than the number of prizes being awarded as provided in these Rules, we may award the prize by random drawing from among all eligible claimants.  In Guide to Spokane’s | www.spokanewashington.com discretion, Guide to Spokane | www.spokanewashington.com may substitute a prize of equal or greater value.  If a potential winner does not respond to notification, or is not present when prize delivery is attempted, such prize will be forfeited. By participating, entrants agree to be bound by these Rules and the decisions of Guide to Spokane | www.spokanewashington.com, as judge of this Treasure Hunt Event, which decisions are final and binding in all respects.   
13. Dispute Resolution, Arbitration/Waiver of Class Action and Jury Trial: THIS CONTEST IS SUBJECT TO Guide to Spokane | www.spokanewashington.com TERMS AND CONDITIONS RELATING TO DISPUTE RESOLUTION AND ARBITRATION/WAIVER OF CLASS ACTION AND JURY TRIAL, WHICH MAY BE REVIEWED HERE: https://spokanewashington.com/terms-of-use/.
14. Complete Agreement: This Agreement represents the entire agreement between You and Guide to Spokane | www.spokanewashington.com and supersedes any and all prior understandings and agreements regarding the Treasure Hunt Event and the Treasure Hunt Event Rules. This Agreement may be amended only by a writing signed by You and Guide to Spokane | www.spokanewashington.com. This Agreement is binding on Your and Guide to Spokane’s | www.spokanewashington.com representatives, agents, successors, heirs, subsidiaries, shareholders, officers, directors, administrators, insurers, estate, family, and/or assigns. 

D. How the Treasure Hunt Works: Guide to Spokane | www.spokanewashington.com will hide a prize in a secret location in or near Spokane, Washington. Clues will be released via Guide to Spokane | www.spokanewashington.com Treasure Hunt Event page and social media channels from time-to-time, at Guide to Spokane’s | www.spokanewashington.com sole discretion. The first person to follow the clues to the correct location(s), to locate, to retrieve, and to open will win the Treasure Hunt Event prize.  

1. Clues: Guide to Spokane | www.spokanewashington.com will publish clues from time-to-time, at its sole discretion, on Guide to Spokane’s | www.spokanewashington.com Treasure Hunt Event webpage (https://spokanewashington.com/clues/) and/or one or more of Guide to Spokane’s | www.spokanewashington.com social media channels.  All key clues will be given in sequential order for all Participants. You must access and use some or all of the key clues to determine the location of the hidden Treasure Hunt Event prize.  
2. Prizes: The first person who finds the location of the hidden Treasure Hunt Event prize, and physically retrieves it, will be declared the winner by Guide to Spokane | www.spokanewashington.com and will win the designated prize for that month’s Treasure Hunt Event. 
3. Tie: If there is more than one person who meets the prize criteria, the prize will be split equally between those individuals. 

BY PARTICIPATING IN THE TREASURE HUNT EVENT, YOU KNOWINGLY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUME FULL RESPONSIBILITY AND ALL RISKS OF ALL NATURE FOR YOUR PARTICIPATION IN THE TREASURE HUNT EVENT.