1. Introduction
Welcome to Tricky Treasures. Tricky Treasures is an interactive treasure hunting experience in North
America. Please read these Tricky Treasures Terms and Conditions (the “Terms”). The Terms govern
your participation in a Treasure Hunt and the use of the electronic riddles purchased by you and the
hints and clues you discover while participating in a Treasure Hunt Game (collectively, the “ Treasure
Hunt Game”). The Terms also govern your interaction with any internet website (the “Website”) we
own or operate as well as third party websites like social media. The Terms also govern any DBA entity
of Tricky Treasures, Inc.
These Terms are entered into between you and Tricky Treasures, Inc., referred to as “Tricky Treasures”
or “we” in the Terms.
By participating in a Treasure Hunt Game, you are agreeing to the Terms. If you do not agree to the
Terms, you may not participate in a Treasure Hunt’s.
Tricky Treasures may modify the Terms at any time, and if we do, we will post the modified Terms on
our Website. We may cancel, suspend, or modify the Treasure Hunt Game (in whole or in part) in a
manner which is determined by Tricky Treasures in its sole discretion to be fair, appropriate and
consistent with these Terms. Notice of such action by us will be posted on our Website. It is important
that you review any modified Terms before you continue participating in a Treasure Hunt Game. If you
continue to participate in the Treausre Hunt Game, you are bound by the modified Terms. If you do not
agree to be bound by the modified Terms you may not participate in a Treasure Hunt Game.
ELIGIBILITY. The Hunt is open only to individuals 18 years of age or older.
1.1 No more than 1000 game tickets will be sold for any individual game.
If you breach the Terms, we may take action against you. You acknowledge that Tricky Treasures, Inc.
has no obligation to, and will not, reimburse or refund you for your purchase of a Treasure Hunt Game
if you breach the Terms.
2. The Treasure
For each Treasure Hunt Game, Tricky Treasures will provide an answer form for that game that players
will send their answer to when enough tickets have been sold or the final answer can be submitted. The
first one to send in the correct answer as the company has determined for that game (the “Finder”) will
receive the Treasure Vault money.
3. General Disclaimers
Hunts are designed to provide you with friendly competition with other participants. By purchasing a
Treasure Hunt Game ticket, you are purchasing the experience of a treasure hunt game and an
opportunity to use your thinking skills to decode clues and hints, that may lead to the answer to the
Treasure Hunt Game. Using the Website does not guarantee that you will become the Finder.
Winners are responsible for all local, state and federal income taxes. You agree to complete any
documentation attesting to eligibility for any prize awarded and to indemnify Tricky Treasures for any
taxes owed by you.
4. Your Privacy
To enable you to participate in a Treasure Hunt Game through the purchase, we need information about
you, and we only use your information where we have a legal basis to do so. The information you
provide us is used to contact you and provide our products and services to you. We do not rent, sell, or
lease your information to any third party. We do not collect or store your credit card information ever.
That is done by the third-party credit card processing company. Tricky Treasures does not obtain your
card information directly.
5. Interacting with Other People
While participating in a Hunt, you agree you will maintain safe and appropriate contact with other
participants and other people you may encounter. You will not harass, threaten, or otherwise violate the
legal rights of others. You will not trespass, or in any manner attempt to gain access to any property or
location where you do not have a right or permission to be, and will not otherwise engage in any
activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have
a dispute with any third party relating to your participation in a Hunt, you release Tricky Treasures (and
our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands,
and damages (actual and consequential) of every kind and nature, known and unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You assume all risks relating to your communications and interactions with other participants in hunts
and with other persons with whom you communicate or interact as a result of your participation in a
hunt. You understand that Tricky Treasures does not screen or inquire into the background of any
participants in a hunt. Tricky Treasures makes no representations or warranties as to the conduct of
participants in a hunt. You agree to take reasonable precautions in all communications and interactions
with other participants in a hunt and with other persons with whom you communicate or interact as a
result of your participation in a hunt.
To the extent permitted under applicable law, you hereby waive and release Tricky Treasures and any
other party involved in creating or delivering a Treasure Hunt Game from any and all claims, demands,
causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in
any way to your attendance or participation in a Treasure Hunt, including for negligence, inherent and
unforeseen risks, injury or damage to persons or property and the actions of third parties, other Treasure
Hunt Game participants and bystanders.
5.1 Recordings and Use of Likeness
You consent to and approve of Tricky Treasures’ use of your image, likeness, name, city and state,
dialogue, biographic information, personal characteristics, and voice while participating in a Hunt and
free use of this information. Tricky Treasures 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.
6. Limited License to Use
Subject to your compliance with the Terms, Tricky Treasures grants you a limited, non-exclusive, nontransferable, non-sublicensable license to view the Treasure Hunt Game on a mobile device in our
Tricky Treasures’ app. Except as expressly permitted in these Terms or under applicable law, you may
not: (a) copy, modify, or create derivative works based on the Treasure Hunt Game; (b) distribute,
transfer, sublicense, lease, lend, or rent the Treasure Hunt Game to any third party; (c) reverse engineer,
decompile, or disassemble the Treasure Hunt Game; or (d) make the Treasure Hunt Game available to
multiple users through any means. Tricky Treasures’ reserves all rights in and to the Treasure Hunt
Game not expressly granted to you under the Terms.
7. Conduct, General Prohibitions, and Tricky Treasures’ Enforcement Rights
You agree that you are responsible for your own conduct while participating in a Treasure Hunt Game,
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 Treasure
Hunt Game without their express permission;
• attempt to access or search our Website through the use of any technology or means other than
those provided by Tricky Treasures 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;
• bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure
implemented by Tricky Treasures or any of Tricky Treasures’ providers or any other third party
(including another user) to protect the Website;
• access, tamper with, or use non-public areas of the Website, Tricky Treasures’ computer
systems, or the technical delivery systems of Tricky Treasures’ providers;
• attempt to probe, scan, or test the vulnerability of any Tricky Treasures 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; or
• encourage or enable any other individual to do any of the foregoing.
Although Tricky Treasures is not obligated to monitor access to or use of the Websites, we have the
right to do so for the purpose of facilitating Treasure Hunt Games, 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, at any time and without notice.
We have the right to investigate violations of the Terms or conduct that affects a Treasure Hunt Game.
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 our Websites, is a breach of Tricky Treasures’ Terms and may
be a breach of law.
8. Sweepstakes, Contests, Raffles, Surveys and Similar Promotions
Periodically, Tricky Treasures 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. Tricky
Treasures 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. Tricky Treasures 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.
Tricky Treasures 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 Tricky Treasures 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 Treasure Hunt Games, and the Website 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 there will be a successful find of the Treasure Solution or we reserve the right to
give hints and clues. All treasure hunt games will have an expiration date of 1 year from start of game.
All ticket prices will be refunded if there has not been any “finder”.
11. Limitation of Liability
To the extent permitted under applicable law, neither Tricky Treasures nor any other party involved in
creating, producing, or delivering Treasure Hunt Games 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 from any
communications, interactions, or meetings with other participants in a Treasure Hunt Game 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 Tricky Treasures 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 Tricky Treasures total liability arising out
of or in connection with these terms, a Treasure Hunt Game, or from the use of or inability to use the
Website exceed one hundred dollars ($100 USD). The exclusions and limitations of damages set forth
above are fundamental elements of the basis of the bargain between Tricky Treasures and you.
12. Dispute Resolution
You agree that disputes between you and Tricky Treasures will be resolved by individual arbitration,
and you are waiving your right to participate as a plaintiff or class member in any purported class
action or representative proceeding.
This notice does not apply:
(1) if you are a resident of any jurisdiction which does not allow this arbitration agreement,
(2) if you opt out of arbitration as described in the “arbitration” section below, or
(3) to certain types of disputes described in section 12.1, “arbitration,” below.
12.1 Arbitration
If you live in a jurisdiction which allows you to agree to arbitration, you and Tricky Treasures agree
that any disputes will be settled by binding arbitration, except each party retains the right:
a) to bring an individual action in small claims court; and
b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual
or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP
Protection Action”).
Despite this arbitration agreement, Tricky Treasures reserves the right to bring an action in any court of
competent jurisdiction against you to stop and/or seek compensation for the intentional or willful
misuse or abuse of its Intellectual Property, or its Website. You acknowledge that misuse of Tricky
Treasures’ Website will cause harm to Tricky Treasures and agree that we may take action against you
for such misuse.
Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if
you provide Tricky Treasures with written notice of your desire to do so by email to
support@TrickyTreasures.com within 30 days following the date you first accept these Terms (such
notice, an “Arbitration Opt-out Notice“). If you don’t provide Tricky Treasures with an Arbitration Optout Notice within the 30-day period, you will be deemed to have knowingly and intentionally waived
your right to litigate any dispute except as expressly set forth in clauses (a) and (b) above. Further,
unless both you and Tricky Treasures otherwise agree in writing, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of any class or
representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement
to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute
Resolution” section will survive any termination of these Terms. If the terms of this Section 12.1
“Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the
arbitration and brought pursuant to Section 12.4, “Governing Law and Exclusive Venue.” All other
claims will be arbitrated. The arbitrator, and not any court or agency, will have exclusive authority to
(a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute
related to its interpretation, applicability, enforceability, or formation including any claim that all or any
part of it is void or voidable.
12.2 Arbitration Rules
If arbitration is required, the parties shall submit those issues to binding arbitration pursuant to rules of
the American Arbitration Association
1. Arbitration must be completed and an award rendered by the arbitrator no later than 120 days from
the appointment of an arbitrator.
2. The arbitrators are to interpret all controversies and claims arising under or relating to this agreement
in accordance with the laws of Delaware, without regard to its choice of laws principles.
3. The arbitration is to be conducted in Marion County, Fl.
12.3 Submission to Jurisdiction (Arbitration).
Each party shall submit to any court of competent jurisdiction for purposes of the enforcement of any
award, order or judgment. Any award, order or judgment, pursuant to arbitration is final and may be
entered and enforced in any court of competent jurisdiction.
12.4 Governing Law and Exclusive Venue
To the extent that these Terms allow you or Tricky Treasures to initiate litigation in a court, other than
for small claims court actions, both you and Tricky Treasures agree to the exclusive jurisdiction of and
venue in the State and Federal courts located in Delaware. Each of the parties hereto waives any
objection to jurisdiction and venue in such courts. These Terms and your use of our Website are
governed by the laws of Delaware, excluding its conflicts-of-law rules.
12.5 Attorney’s Fees and Interest
The parties agree to pay all reasonably incurred legal expenses, including legal fees incurred by the
prevailing party in the prosecution or defense of any claim arising out of or related to the Terms. The
parties also agree to pay all reasonably incurred legal expenses incurred in collecting on a final
judgment. The parties also agree that simple interest will accrue at 6% per annum (0.5% per month),
beginning 30 days after the invoice becomes due or, if that amount is against the jurisdictional law, the
maximum amount allowed under the applicable law.
12.6 Changes to Dispute Resolution
If Tricky Treasures changes this “Dispute Resolution” section after the date you first accepted the
Terms (or accepted any subsequent changes to the Terms), you may reject any such change by sending
us written notice (by email to support@TrickyTreasures.com) within 30 days of the date such change
became effective, as indicated in the “Last Updated” date above or in the date of Tricky Treasures
email to you notifying you of such change. By rejecting any change, you are agreeing that you will
arbitrate any dispute between you and Tricky Treasures in accordance with the provisions of this
“Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent
changes to these Terms).
13. General
13.1 Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Tricky Treasures
and you regarding the Website, and Treasure Hunt Games. These Terms supersede and replace any and
all prior oral or written understandings or agreements between Tricky Treasures and you regarding the
Website, Treasure Hunt Games, and Apps.
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 Tricky
Treasures prior written consent. Any attempt by you to assign or transfer the Terms, without such
consent, will be null and void. Tricky Treasures may freely assign or transfer the Terms without
restriction, and the transfer 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 Tricky Treasures nor any other party involved in creating, producing, or delivering the Website,
Treasure Hunt games, and App will be liable with respect to any damages, injuries, non-performance or
delay in performance by reason of any act of God, 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 Tricky Treasures under the Terms, including those
regarding modifications to the Terms, will be given via email or via an in-app notification or 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
Tricky Treasures’ 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 Tricky Treasures. 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.
13.6 The Gold Ticket
Specifically in the The Gold Ticket game, you agree to the following in addition to our terms and conditions:
Must be 18 to purchase a ticket.
You do not have to be a resident of the state where the treasure is located to participate. Only 1000
tickets will be sold to an individual Gold Ticket game.
You will be looking for a Gold Ticket in the form of a necklace with a tag that includes a code you need
to use to verify your find. The Gold Ticket are not made of real gold, and only have a value of $1. The
winning Gold Ticket will have a code on it which you must email TrickyTreasures@gmail.com to find
out what you’ve won.
Please be respectful of property. No Gold Tickets will need any tools including a shovel to recover
although could be under a light covering of dirt, sand, etc. We consider them all in safe areas.
When purchasing a game play you and anyone you include in your team are agreeing to a non
disclosure agreement that you will not publicly reveal the riddles to any 3rd party. Publicly revealing
any information for a game will disqualify a ticket holder from the game as well as future games and
could result in legal action. Riddles may only be shared in private with your team as well as being
discussed within the private forum set up by The Gold Ticket.
Only one person on a team will be granted access to the online forum.
Tricky Treasures, Inc. maintains the right to rescheduled or cancel any Gold Ticket game due to
unforeseen circumstances. All purchases will be refunded.
Tricky Treasures, Inc. reserves the right to refuse purchases to anyone for any reasons.
We reserve the right to refuse ANY participant access for ANY reason.
You agree that Tricky Treasures, Inc. dba The Gold Ticket or the owners Stephanie Thirtyacre and
David Klein and any employees are not responsible for any illness, injuries, financial loss, or death
while participating in this treasure hunt and looking for The Gold Ticket proxy item.
The Gold Ticket reserves the right to change the date of a treasure hunt if a minimum of 100 tickets are
not sold.
After all the state treasure hunts are completed David will be having The Ultimate Treasure hunt for
one of his candy factories in Florida. All participants in the state treasure hunts will be eligible to play
for free. David will have an appraisal done at the time of the treasure hunt and a date will be added.
Winner will be responsible for taxes, this is for the real estate only. Winner will also win a paid course
for a candy making at a university in Wisconsin.
If you have found a Gold Ticket, please email us at TrickyTreasures@gmail.com with the serial number
and it’s location to see what you have won. Gold Tickets have a variable value, but you must be a
player in at least one treasure hunt in order to be a valid winner.
3.7 Contact Information
If you have any questions about these Terms, please contact Tricky Treasures at
Terms@TrickyTreasures.com.