Terms of Use and Conditions

Last Modified: July 21, 2024

WiscoTreasureHunt (“WiscoHunt”) and any content and services offered through https://wiscotreasurehunt.com (the “Website”) is owned and operated by JSArnold (“the Company”). Access to the Website and access to the ability to participate in a WiscoHunt is subject to and conditioned solely on agreement to these Terms and Conditions.

PARTICIPANT ELIGIBILITY

The purchase of a ticket to participate in a WiscoHunt is open only to legal residents of the United States who are 18 years of age or older. The individual who purchases a ticket for a WiscoHunt shall be considered “the Participant” for purposes of the WiscoHunt and shall be the only person eligible to submit a Claim for Reward. The Participant must provide the Company with their full legal name, mailing address, email address, and any additional information necessary to process the Claim for Reward.

The Participant is responsible for ensuring strict compliance with all applicable Federal, State and Local laws and regulations. The Participant agrees that the Company shall not bear any liability for and agrees to release, indemnify and hold harmless from any losses, damages, claims, actions, and liability of any kind resulting from the Participant’s engagement in a WiscoHunt. The Participant understands that the WiscoHunt is void wherever prohibited or restricted by law.

Employees of the Company, any persons involved in the creation, development, or implementation of a WiscoHunt, any other persons or entities directly associated with a WiscoHunt, together with their immediate families or households, are not eligible to participate in a WiscoHunt, or to purchase a ticket for a WiscoHunt.

WEBSITE ACCESS

The Company reserves the right to amend, modify or delete the Website and its services at its sole discretion. The Company will not be liable if the Website is unavailable. The Company may restrict user access to some parts of the Website or the entire Website.

The Company is not responsible if the Participant does not meet the requirements to access the Website. The information you provide to the Company must be up to date and complete. The Participant is responsible for informing all persons who use the Participant’s internet connection about complying with the Website’s Terms and Conditions.

The Participant agrees that all the information provided to the Company for registration purposes is subject to its Privacy Policy https://wiscotreasurehunt.com/privacy. The Participant consents to all actions the Company takes under its Privacy Policy. The Participant is responsible for treating the username and password chosen or given as confidential. The Participant acknowledges that the account is personal and agrees to keep its information private from any other person. The Participant acknowledges that third parties do not have a right to access this Website with the Participant’s information.

The Participant shall notify the Company immediately of any unauthorized access to or use of the Participant's registered information or any other sort of breach of security. The Company has the right to delete any registered information or delete any account if it considers that the Participant has violated any provision of these Terms of Conditions.

SOCIAL MEDIA AND LINKS

The Participant may place a link to the Website homepage provided that it is done fairly and legally and does not damage the reputation of the Company. However, the Participant must not be associated with the Company and such linking does not constitute and form of approval or endorsement of the Company’s part.

This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website. It may also send emails or other communications with certain content, or links to certain content, on this Website, and cause limited portions of content on this Website to be displayed or appear to be displayed on the Participant’s own or third-party websites.

TERMS OF PARTICIPATION

The Participant understands and agrees that internet access and a valid email address are required to participate in a WiscoHunt.

The Participant understands and agrees the WiscoHunt is a treasure hunt that requires the Participant to solve a complicated riddle(s) or clue(s) to determine the location of a concealed object. Solving the riddle(s) or clue(s) requires skill and knowledge. When the riddle(s) or clue(s) are solved and the concealed object is located, the Participant will be required to scan the QR Code on the concealed object and follow all instructions given by the Website. The Participant who successfully solves the riddle(s) or clue(s), locates the concealed object, shall submit a Claim for Reward. For a Reward to be awarded to the Participant, the Participant must execute a Certification of Eligibility and Compliance with these Terms and Conditions, and a Liability Release, Indemnification and Hold Harmless Agreement from and against any claim or cause of action, including legal fees and expenses, by any individual or entity arising out of the Participant’s participation in the WiscoHunt, before the Participant can be declared the winner of a WiscoHunt and awarded the Reward. Refusal to complete any of the aforementioned documents is a refusal to abide by these Terms and Conditions, and will result in the Participant’s forfeiture of the Reward and/or any prize that may have otherwise been awarded.

The Participant understands and agrees they are expressly prohibited from using social media websites and/or applications that enable users to create and share content or to participate in social networking, including but not limited to Facebook, Instagram, Twitter, Snap Chat, Reddit, Tik Tok, etc, to assist in the WiscoHunt. The use of such websites or applications is a violation of these Terms and Conditions and will result in the Participant’s forfeiture of any Reward and/or any prize that may have otherwise been awarded.

The Participant understands and agrees that all information provided in connection with the WiscoHunt is confidential and the Participant, on behalf of themselves, their heirs and assigns, agrees that they will not publicly reveal riddles or clues to any third party. Publicly revealing any information will result in the Participant’s forfeiture of any Reward and/or any prize that may have otherwise been awarded, and may result in legal action.

The Participant understands and agrees that they will, at all times during the WiscoHunt, maintain safe and appropriate contact with other participants and other people they may encounter. The Participant will not harass, threaten, or otherwise violate the legal rights of others. The Participant will not trespass, or in any manner attempt to gain access to any property or location which they do not have a right or permission to access, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. The Participant assumes all risks relating to their communications and interactions with other individuals at all times. The Participant understands and acknowledges that the Company does not screen or inquire into the background of any other participant, and makes no representations or warranties as to the conduct of participants.

The Participant understands and agrees that the Company has the right to cancel, suspend, and/or modify the WiscoHunt, or any part of it, for any reason, or if any fraud, technical failures, human error, or any other factor impairs the integrity or proper functioning of the WiscoHunt. If the WiscoHunt is terminated, no winner will be declared and the Company will refund the Participant’s entry fee, less actual refund processing fees, for the cancelled WiscoHunt and will not award any prize(s).

The Participant understands and agrees that the Company may disqualify any Participant who tampers or interferes with the WiscoHunt in any way, or taking any action that violates these Terms and Conditions or the Official Rules. Such behavior may be also be subject to criminal and/or civil law sanctions and the Company reserves the right to seek damages and remedies (including costs and attorney fees) for any such violation. Failure to enforce any term of these Terms and Conditions or the Official Rules shall not be considered a waiver of any right or remedy by the Company.

COLLABORATIONS

The Participant may, in the Participant’s sole discretion, choose to collaborate efforts with other persons, provided that such collaboration must occur in the physical presence of the Participant. The Participant may share information provided in connection with the WiscoHunt to such in-person collaborators, provided such sharing is done in person and privately.

The Participant acknowledges and agrees they are solely responsible for ensuring each of the collaborating individuals complies with these Terms and Conditions and the Official Rules. The Participant acknowledges that only the Participant shall be eligible to make a claim for the Reward.

The Participant is solely responsible for the actions of any such collaborators and the Participant agrees to release, indemnify and hold harmless the Company from and against any claim or cause of action, together with costs and legal fees, by any collaborator associated with the Participant, including but not limited to damage to or loss of property arising out of collaborator’s participation in the WiscoHunt, pursuant to the terms in the section titled “CLAIM FOR REWARD” found below.

The Participant understands and agrees that the use of social media websites and/or applications any collaborator who assists the Participant with the WiscoHunt is a violation of these Terms and Conditions and will result in the Participant’s forfeiture of the Reward and/or any prize that may have otherwise been awarded.

TAXES

The Participant shall be responsible for complying with any and all applicable federal, state and local statutes, laws, rules and regulations. Without limiting the foregoing, the Participant shall be responsible for bearing any personal income tax, withholding taxes, or other taxes, fees, insurance, surcharges or other costs relating to receiving, claiming or collecting the Reward and/or any prize that may be awarded. The Participant is hereby expressly informed of the liability to pay all taxes on any Reward and/or prize received, and the Company shall have no responsibility or liability therefore. The Participant may receive an IRS Form 1099 for the year in which a Reward and/or prize is awarded.

Any Reward and/or prize that is returned to the Company as undeliverable or otherwise not claimed within fifteen (15) days after delivery of notification will be forfeited. Reward and/or prizes are not transferable and will only be issued to the Participant.

CLAIM FOR REWARD

The Participant who (1) successfully solves the riddle(s) or clue(s) and (2) is the first Participant to locate and take physical possession of the concealed object shall be eligible to submit a Claim for Reward. Submission of a Claim for Reward shall be made in the form and following the process identified in the Official Rules.

The Company shall bear no responsibility or liability for submissions, correspondence, or attempted Claims for Reward that are late, lost, incorrectly submitted, or otherwise misdirected, or not submitted in accordance with the Official Rules.

The Company may require the Participant to verify eligibility and compliance with these Terms and Conditions. Failure to verify such eligibility and compliance will result in the Participant’s forfeiture of the Reward and/or any prize that may have otherwise been awarded.

LIABILITY WAIVER, RELEASE AND INDEMNIFICATION

The Participant acknowledges and agrees that their Claim for Reward, and all related materials created in or arising out of such submission, and all rights, title and interest in and to them shall be and hereby are, effective upon creation, assigned to and become the property of the Company. Without limiting the foregoing, the Participant grants to the Company an irrevocable, royalty-free, worldwide, perpetual right (and if necessary, license) to edit, re-edit, adapt, modify, reproduce, promote, distribute create derivative works and otherwise use such Claim for Reward, all related pictures and materials in any way it sees fit in any form or media whether now or hereafter known or developed. The Participant hereby gives the Company and its agents and assignees, full permission and authority to use, publish and display such claim and all related pictures and materials, as well as any additionally requested documentation, the Participant’s name, voice, and photograph or other likeness for advertising or other related purposes in any media whether now or hereafter known or developed without additional compensation. The Participant acknowledges and agrees to obtain a release, containing the provisions above, from any collaborator.

The Company is not responsible for any loss or damage to clothing, footwear, property or personal effects. The Participant is responsible for their own safety, and the safety of all collaborators, throughout the WiscoHunt. The Participant shall ensure compliance with all Federal, State, and local laws, rules and regulations. To the extent permitted by law, the Participant, on behalf of themselves and their heirs, successors and assigns, agrees to release, defend, indemnify and hold harmless the Company, its officers, directors, employees, and agents (collectively, the “Released Parties”) from and against any and all claims, demands, losses and causes of action for any damages, including without limitation, all consequential, punitive and incidental damages, liability, loss, cost, fees (including attorney fees), however such claims may arise, including, without limitation, damage to person, personal or real property, due, in whole or in part, directly or indirectly, by reason of the Participant’s participation in the WiscoHunt, acceptance, possession, use, misuse or misunderstanding of any portion of the WiscoHunt or activities related thereto whether any such cause of action is caused in whole or in part by the acts, omission, negligence or misconduct of any of the Related Parties. Further, the Participant agrees to release, defend, indemnify and hold harmless the Released Parties from losses, damages or injuries to the Participant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any WiscoHunt, 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 any typographical, human or other error in the printing, offering, selection, operation or announcement of any WiscoHunt. The 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 the Company; 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 the Participant’s (or any third person’s) computer or mobile device and/or its contents related to or resulting from any part of the WiscoHunt; 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 Participant further agrees to indemnify and hold harmless the Released Parties from and against any and all liability resulting or arising from the WiscoHunt and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a reward. The Released Parties are not responsible for any changes or unavailability of the wireless carrier, internet service provider, or the platform used for purposes of administering this WiscoHunt that may interfere with the WiscoHunt or ability of the Participant to timely enter, receive notices, or communicate with the Company, in which case the Company, in its sole discretion, may terminate or modify the WiscoHunt.

If a WiscoHunt 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 the Released Parties, the Participant, or by any of the equipment or programming associated with or utilized in the WiscoHunt, the Company reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend, or withdraw the WiscoHunt or any WiscoHunt offer and/or cancel, modify, suspend, or withdraw any method of entry, without notice, and determine whether a Claim for Reward may be made from valid entry(ies) received for the WiscoHunt 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. Covid-19, 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 control of the Company.

DISPUTES

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. These rules and any amendment of them shall apply in the form in effect at the time the administrative requirements are met for a Demand for Arbitration or Submission Agreement received by the AAA. Any disputes regarding which AAA rules shall apply shall be decided by the AAA. The parties, by written agreement, may vary the procedures set forth in these rules. After appointment of the arbitrator, such modifications may be made only with the consent of the arbitrator.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions are governed by the laws of the State of Wisconsin, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Ozaukee County, Wisconsin or federal court having jurisdiction therein. Each party agrees to submit to the jurisdiction of and agrees that the venue is proper in such courts in any such legal action or proceeding.

MISCELLANEOUS

These Terms and Conditions, together with the Official Rules, constitute the entire agreement between the Company and the Participant. The Participant may not amend any provision herein, or assign any rights granted herein, in whole or in part, without the prior written consent of the Company, and any purported assignment in violation of this provision shall be null and void. the Company may assign or otherwise transfer all rights granted hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which the Terms and Conditions and the Official Rules relate.

These Terms and Conditions, together with the Official Rules, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision herein is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision herein shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.