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WELCOME! Thanks for your interest in supporting our cause by participating in the Blue Chihuahua Treasure Hunt. We look forward to a successful Treasure Hunt – which we define as: (i) the Participants having fun trying to decipher Clues and locate Gru’s Treasure and (ii) financial support of animal rescue organizations in the Treasure Hunt area. Please read these Official Rules carefully so you fully understand who is eligible, how to enter, items needed to participate, prizes, how the Treasure Hunt is played, and the rights and responsibilities of both a Participant and the Sponsor.
SPONSOR: The Blue Chihuahua, 7912 36th St., Ada, MI 49301.
SPONSOR’S WEBSITE: thebluechihuahua.com
TREASURE HUNT DESCRIPTION. The Blue Chihuahua Treasure Hunt (the “Treasure Hunt”) is a contest of skill involving riddles or series of riddles or clues (collectively, the “Clues”) to determine the location of Gru’s Treasure. The winning Participant Treasure Hunts will be held in numerous states within the United States. Each Treasure Hunt is governed by these Official Rules and any other terms and conditions the Sponsor communicates to the Participant prior to or during the Treasure Hunt Period.
SKILL, NOT CHANCE. Participant is entering the Treasure Hunt to use their skills and knowledge to solve and decode a Clue in order to locate Gru’s Treasure. The Clue cannot be solved through random guessing or simply searching the internet. Skill is required to decipher the Clue. The meaning of the first Clue with possible follow-up Clues will reveal the location of Gru’s Treasure.
WHO IS ELIGIBLE TO PARTICIPATE?
Treasure Hunts are open to legal residents of the United States who are at least eighteen (18) years old as of the entry date (an entrant is referred to as a “Participant” hereinafter).
Participants do not have to be a resident of the state in which the Treasure Hunt is being held.
Entries for the Treasure Hunt must be received prior to the expiration of the Treasure Hunt’s Entry Period (see Section 7).
WHO IS INELIGIBLE TO PARTICIPATE. The following are ineligible to participate in a Treasure Hunt:
Employees of promotional companies, advertising agencies or other entities associated with that particular Treasure Hunt (including employees of their respective affiliates and subsidiaries);
All other persons involved in the creation, development, or implementation of that particular Treasure Hunt; and
All immediate family or household members of the above.
ENTRY PERIOD. The entry deadline for each Treasure Hunt shall be the date specified for the applicable Treasure Hunt (“Entry Deadline”) or upon the time that 1,000 registered Participants have registered for the Treasure Hunt (collectively, the “Entry Period”). Entries will not be accepted after the Entry Deadline or after there are 1,000 registered Participants.
TREASURE HUNT PERIOD. Each Treasure Hunt will operate during the period specified for that Treasure Hunt (the “Treasure Hunt Period”). However, if the hidden location (the “Location”) of Gru’s Treasure (“Dog Bone Shaped Dog Tag”) has been discovered, authenticated and verified before the Treasure Hunt Period ends, then the Treasure Hunt Period shall end.
HOW TO ENTER.
Online Registration. To participate in a Treasure Hunt, individual must be eligible (see Sections 5 and 6) and must complete the Sponsor’s online registration. During registration, each entrant must acknowledge and agree to these Official Rules. Offline registration is not available.
Individuals Registration Only. Only one member of your "Pack" needs to register.
Price. The entry fee for each Treasure Hunt shall be $50.00 (“Entry Fee”), which must be paid online at the time of registration. **Entry fee may change depending on the size of the prize**
Maximum Participants. Each Treasure Hunt is limited to the first 1,000 persons to register.
The Sponsor shall notify all registered Participates that the Treasure Hunt has been cancelled. The Sponsor shall issue a refund of the Entry Fee to each Participant, who paid the Entry Fee.
No Cancellations or Refunds. Participants may not cancel their Treasure Hunt entry. Thus, there are no refunds.
Non-Transferable. A Participant’s registration may not be sold, assigned or transferred to any other person.
ITEMS NEEDED TO PARTICIPATE. In order to “play” the Treasure Hunt, Participants will or may need the following:
Transportation. The Treasure Hunt may require Participants to travel significant distances around the Treasure Hunt area in their efforts to locate Gru’s Treasure. Thus, it is recommended that Participants have access to an automobile, motorcycle or other vehicle.
Telephone with Texting. The Sponsor will communicate with Participants during the Treasure Hunt via texting and email in order to provide additional Clues or notify Participants that Gru’s Treasure has been found. Thus, an electronic device with reliable texting and email access is needed.
Internet Access. Participants will likely search the internet in an effort to decipher Clues. Thus, an electronic device with reliable internet access is recommended.
HOW THE TREASURE HUNT IS “PLAYED”. Each Treasure Hunt will be “played” as follows:
On the first day, the Clues will be given to all Participants via each Participant’s account on the Sponsor’s website. The Clues will consist of: (a) a description of the geographic boundaries within which Gru’s Treasure is hidden; (b) a riddle Clue to reveal where Gru’s Treasure is hidden; and (c) a picture of the spot where Gru’s Treasure is hidden; (d) Clues/Riddle may contain misdirect or red herring.
The Participants will then attempt to decipher the Clues and locate Gru’s Treasure.
If Gru’s Treasure is not found within 24 hours after the Treasure Hunt’s start time, a second clue will be shared with all Participants via each Participant’s account on the Sponsor’s website.
When Gru’s Treasure is found, the Participant shall call the Sponsor’s telephone number listed on the Tag. The Participant will then provide the Sponsor with the location where it was found and the “winning” ID number listed on the Tag. If this information is correct, the Participant will be declared the “winner”.
After a winner has been declared, the Sponsor will notify all Participants via text and each Participant’s account on the Sponsor’s website that: (i) the Treasure Hunt has been concluded; (ii) what information the Clues intended to provide Participants in order to help locate them locate Gru’s Treasure; (iii) where the Tag was found; and (iv) the name of the winning Participant.
PRIZES. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. The Treasure Hunt prize and winner’s obligations are as follows:
Amount. The prize for winning the Treasure Hunt is indicated by the hunt that offered the Sponsor will make the prize amount known when Participant signs up. (the “Prize”). The Prize is non-transferable, non-negotiable.
Payment. The Sponsor shall send the Prize to the winning Participant via USPS Priority Mail or similar delivery within one week after the winning Participant has: (i) provided the Sponsor a completed Form W-9; and (ii) provided the Sponsor with an executed publicity release as set forth in Section 16. Both of these will be accessible on the Sponsor’s website for download and upload.
IRS W-9 Form. The winning Participant shall provide the Sponsor with a completed IRS Form W-9 prior to payment of his/her Prize amount. A W-9 will be accessible on the Sponsor’s website for download and upload. The Sponsor shall send each winning Participant a Form 1099-MISC for the Prize amount he/she received.
Publicity Release. The winning Participant must sign the publicity release set forth in Section 16 prior to the release of the winning proceeds. The release will be accessible on the Sponsor’s website for download and upload.
Taxes. The winning Participant shall be solely responsible for his/her federal, state, local, and other taxes associated with the Prize winnings. The Sponsor shall not be responsible for any taxes, fees, or assessments on any Prize winnings.
Undeliverable. A prize returned as undeliverable or otherwise not claimed within thirty (30) days after the first attempt to deliver the Prize will be forfeited.
AGREEMENT TO OBSERVE OFFICIAL RULES. Participant acknowledges and agrees to participate in the Treasure Hunt according to these Official Rules, any supplemental rules and Sponsor’s decisions (which shall be final and binding in all matters related to the Treasure Hunt) and all applicable federal, state, and local laws and regulations that govern the Treasure Hunt.
Interaction with Others. While participating in a Treasure Hunt, Participant:
assumes all risks relating to his/her communications and interactions with other Participants and with other persons with whom they communicate or interact;
shall maintain safe and appropriate contact with other Participants and other people they may encounter;
shall not interfere with other Participant’s participation in the Treasure Hunt, harass, threaten or otherwise violate the legal rights of others.
Illegal or Unlawful Activity. At no time will the Treasure Hunt require Participant to engage in illegal or unlawful activity. If Participant believes that the Treasure Hunt is requiring such activity, the Participant shall refrain from such activity and immediately contact the Sponsor.
Other’s Property. Participant will not: (i) trespass, attempt to gain access to any property or location where he/she does not have a right or permission to be; and (ii) otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind.
Confidentiality. Participant agrees that all information provided by Sponsor with respect to the Treasure Hunt (including Clues) is confidential (“Confidential Information”). Participant agrees that he/she will not publicly reveal any Clue to any non-Participant in the Treasure Hunt prior to the conclusion of the Treasure Hunt. A Participant’s breach of this confidentiality restriction may: (i) disqualify the Participant (see Section 15); and (ii) create a claim for the Sponsor against the Participant for damages arising from such breach.
The Sponsor reserves the right, in its sole and absolute discretion, to disqualify any Participant who (a) tampers with the Treasure Hunt’s entry process or its operation; (b) discloses Confidential Information (see Section 14d); (c) violates any provision in these Official Rules, or (d) acts in a disruptive manner with the intent to annoy, abuse, threaten, harass or interfere with any other Participant before the conclusion of the Treasure Hunt.
The Sponsor shall have complete discretion to: (a) interpret these Official Rules and any other aspect of the Treasure Hunt; (b) verify Participant’s eligibility and compliance with these Official Rules, and (b) to refuse to award any prize to a Participant who is in breach of these Official Rules or otherwise fails satisfactorily to establish eligibility to win and claim a Prize.
WINNER COOPERATION. Each winning Participant agrees to execute a release of privacy consenting to the Sponsor’s (or its designee) the right to use winner’s name, city, state, screen name, avatar, likeness, and/or Prize information, in connection with any Treasure Hunt for promotional, advertising, or other purposes worldwide, in any and all media now known or hereafter devised (including without limitation, Sponsor’s website, social media, printed materials, texts and email) without limitation and without further payment, notification, permission, or other consideration, except where prohibited by law.
NO SPONSOR SCREENING OF PARTICIPANTS. Participant acknowledges that the Sponsor does not screen or inquire into the background of any Participant. Thus, Sponsor makes no representations or warranties as to the conduct of any Participant and shall not be held responsible for the actions of any Participant during the Treasure Hunt.
MODIFICATION OR TERMINATION OF A TREASURE HUNT. Sponsor reserves the right to modify, delay, or terminate the Treasure Hunt, and/or not award a Prize, if: (a) Clues are made public or otherwise shared with non-Participants by any person or entity; (b) the Treasure Hunt becomes compromised or corrupted; (c) it is determined that the Treasure Hunt cannot be conducted as originally planned; or (d) if fraud or any other occurrence comprises the fairness or integrity of the Treasure Hunt.
RELEASE AND INDEMNIFICATION. Participant acknowledges and agrees that he/she and anyone acting at the request of the Participant is solely responsible for their own actions during the Treasure Hunt. Consequently, Participant agrees to the following:
Participant agrees to release, discharge, indemnify and hold harmless the Sponsor, its independent contractors and agents, marketing sponsors, advertising and promotion agencies, other parties involved in the Treasure Hunt and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the “Contest Parties”) from any and all claims, liabilities, costs (including attorneys’ fees, witness fees, expert fees and other costs) injuries, damages, expenses, fines, or losses to person or property and/or liabilities of any nature incurred by any Contest Party that in any way arises from a Participant’s participation in the Treasure Hunt (including travel during participation) or the acceptance or use of a Prize (collectively, “Claims”).
This includes, without limitation: (i) any condition caused by events beyond a Contest Party’s control that may cause the Treasure Hunt to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of any Prize, or acceptance, possession, or use of any Prize, or from participation in the Treasure Hunt, including any injuries to person or property (including those related to the transportation required to participate in the Treasure Hunt); and (iii) any printing or typographical errors in any materials associated with the Treasure Hunt.
NO GUARANTEES OR WARRANTIES. Participant acknowledges and agrees that the Contest 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 Treasure Hunt or the Prize.
Thus, the Contest Parties shall not have any responsibility or liability for: (a) 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 a Contest Party; (b) interruption or inability to access the Sponsor’s website, application or any online service via the Internet due to hardware or software compatibility problems; (c) 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 Treasure Hunt; (d) any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused by the negligence of a Contest Party; (e) changes or unavailability of the wireless carrier, internet service provider, or the social media platform used for purposes of administering this Treasure Hunt that may interfere with the Treasure Hunt; or (f) the Participant’s ability to timely enter, receive notices, or communicate with the Sponsor.
LIMITATION OF ACTIONS.
Sole Remedy. Participant’s sole remedy for Sponsor’s breach of these Official Rules shall be a refund of the Entry Fee paid by the Participant.
Various Limitations. Each Contest Party is not responsible for: (i) late, lost, delayed, damaged, incomplete, illegible, misdirected or undeliverable entries, responses, or other correspondence, whether through the Sponsor’s website, by e-mail or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program, or transmission malfunctions, failures or difficulties.
No Class Actions. Except where prohibited, by participating in the Treasure Hunt and submitting an entry, Participant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with the Prize, or any other matter relating to the Contest that cannot be resolved between such entrant and any Contest Party shall be resolved individually, without resort to any form of class action.
No Injunctive or Equitable Relief. In no event shall any Participant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of the Treasure Hunt, any website, content, advertising or other materials used, displayed or issued in connection with the Treasure Hunt, or any submission or entry, and such Participant’s rights and remedies in any such Treasure Hunt shall be strictly limited to the right to recover money damages, if any, in an action at law.
No Special Damages. IN NO EVENT WILL ANY OF THE CONTEST PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE TREASURE HUNT, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL PARTICIPANTS.
FORCE MAJEURE. Without limiting any other provision in these Official Rules, in the event that any Participant’s activities or any Contest Party’s operations or activities are affected, as determined by the Sponsor, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. COVID), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, the Sponsor shall have the right to modify, suspend, or terminate the Treasure Hunt, and no Contest Party shall be responsible or liable to any Participant or any person claiming through such Participant for failure to supply the Prize or any part thereof. The Sponsor is not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in Participant’s e-mail account to receive e-mail messages or telephone to receive texts.
WINNERS LIST. An official winner(s) list for the Treasure Hunt shall be posted on the Sponsor’s Website.
DISCLAIMER: This Treasure Hunt is in no way sponsored, endorsed, or administered by, or associated with Facebook, YouTube, Instagram, Twitter, or any third-party social media company. Use of their trademarks or intellectual property is incidental to this promotion.
Small Claims Court. Any controversy or claim arising out of or relating to this Agreement, shall be resolved by Small Claims Court, if such court has jurisdiction over the matter.
Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by arbitration. The Parties shall agree to number of arbiters and the appointment of arbiters. If they are unable to agree, then each Party shall appoint one arbiter and the appointed arbiters shall appoint a third arbiter. The arbitration process shall follow the American Arbitration Association Commercial Arbitration Rules, and judgment on the award rendered by the arbiter(s) may be entered in any court having jurisdiction thereof.
Recovery of Costs. If any legal action or arbitration arises under this Agreement or by reason of any asserted breach of it, the prevailing Party shall be entitled to recover reasonable costs and expenses it incurs (including, without limitation, reasonable attorneys’ fees, arbitrators’ fees, and costs of witnesses, experts and investigation) through all appellate hearings and post-judgment or award collection efforts.
Venue. The Parties agree that any arbitration shall be heard in Grand Rapids, Michigan and the venue for any court action shall be Kent County, Michigan.
MISCELLANEOUS. These Official Rules: (a) are intended by the parties as the final expression and the complete and exclusive statement of their agreement and any prior or contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement these terms shall not be effective or admissible; (b) if any provision of these Official Rules is held invalid or unenforceable, the remainder of these Official Rules shall nevertheless remain in full force and effect; (c) if any provision is held invalid or unenforceable with respect to particular circumstances, it shall nevertheless remain in full force and effect in all other circumstances; (d) failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement; (e) is binding upon and inures to the benefit of the parties and their successors and assigns, except as otherwise provided herein; (f) may not be amended or modified except by a writing signed by the parties which expressly states that it amends these Official Rules; (g) shall be governed and construed in accordance with the laws of the State of Michigan; and (h) shall be construed and interpreted in a neutral manner and no rule of construction or interpretation shall apply against any particular party based on a contention that this Agreement was drafted by one of the parties.