TERMS & CONDITIONS

Last Updated: October 10, 2020

1. Introduction

Welcome to Burnaby Treasure. We are facilitating an interactive treasure hunting experience in the City of Burnaby (the "Hunt"). Please read these Burnaby Treasure Terms and Conditions (the “Terms”). The Terms govern your participation in a Hunt and the use of the puzzle purchased by you and the hints you may receive while participating in a Hunt (collectively, the “Puzzle and/or Hints”). The Terms also govern your interaction with any internet website (the “Website”) we own or operate.

These Terms are entered into between you and 2HS Entertainment Ltd. dba Burnaby Treasure, referred to as “Burnaby Treasure” or “we” in the Terms.

By participating in a Hunt or using its associated Puzzle and/or Hints, you are agreeing to the Terms. If you do not agree to the Terms, you may not participate in a Hunt or use its associated Puzzle and/or Hints.

Burnaby Treasure 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 Hunt (in whole or in part) or your participation therein in a manner which is determined by Burnaby Treasure in its sole discretion to be fair, appropriate and consistent with these Terms. Notice of such action by us will be posted at on our Website. It is important that you review any modified Terms before you continue participating in a Hunt. If you continue to participate in a Hunt, 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 Hunt.

ELIGIBILITY. The Hunt is open only to Canadian residents 18 years of age or older. Employees, directors, owners, business partners and immediate family members of 2HS Entertainment Ltd are not eligible to participate in this Hunt.  

If you breach the Terms, we may take action against you. You acknowledge that Burnaby Treasure has no obligation to, and will not, reimburse or refund you for your purchase of the Puzzle and/or Hints if you breach the Terms.

2. The Treasure and Collection of the Treasure

For each Hunt, Burnaby Treasure has hidden a set of Final Instructions in a Treasure Box somewhere within the City of Burnaby. Burnaby Treasure is selling a Puzzle that contains all the clues necessary to find the Treasure Box and the bearer of the Final Instructions (the “Winner”) may claim a prize (the “Prize”). For this Hunt, the Prize will be a pool of money made up of all registration fees plus seed money of $250 CAD provided by 2HS Entertainment Ltd. 50% of the pool will be paid to the Winner and 50% of the pool will be made as a contribution to a registered charitable organization chosen by the Winner from a list provided by 2HS Entertainment Ltd.

Redemption of the Prize will be done in public with our participation. If you are the Winner, you must make your best effort to claim the Prize in a timely manner. If the Prize is not claimed within 48 hours of being found, you forfeit your right to claim the Prize. You will be considered in breach of the Terms and Burnaby Treasure will suspend the Hunt.

Burnaby Treasure makes no guarantee on the timeliness of updates to the Website and is not responsible for server crashes, malicious cyber attacks, power failures, or other disruptions to the Website.

The Prize is not contained in the Treasure Box. Successful interpretation of the Puzzle and/or Hints may lead to the location of the Treasure Box. The Final Instructions contained within must be kept to claim the Prize.

When the Puzzle is successfully solved by the first participant, they must retrieve and execute the Final Instructions. At that point, Burnaby Treasure will be notified. We will then notify every other participant by updating the Website.

When the Prize has been claimed, the Hunt is over. It is imperative that you provide us with correct contact information when you enroll in a Hunt.

3. General Disclaimers

Hunts are designed to provide you with an interesting puzzle and friendly competition with other participants. By purchasing a Puzzle and/or Hint, you are purchasing the experience of a real-life treasure hunt and an opportunity to use your thinking skills to decode a riddle that may lead to the location of the Treasure Box. Using the Website or purchasing a Puzzle does not guarantee that you will become the Winner.

Purchasing a Puzzle and/or Hint from Burnaby Treasure or its subsidiaries does not give you the rights, or permission to infringe on private property, damage or interfere with public or private utilities or rights-of-way, or disturb any properties of any kind. It does not give you the rights to access property outside of normal operating hours. You still have to abide by all laws, bylaws, and regulations of your local jurisdiction. Our hunts are designed to be able to solved from a private location, and then going to the place in which you deem the answer to be, without touching, disturbing or affecting any property.

Winners are responsible for all local, provincial and federal income taxes. You agree to complete any documentation attesting to eligibility for any prize awarded, any documentation attesting to your tax identification number and status, and to indemnify Burnaby Treasure for any taxes owed by you.

4. Privacy

To enable you to participate in a Hunt through the purchase of Clues and/or Hints, 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. Any of this information shared with third parties (like an internet service provider) is to assist us to with providing our products and services to you and is subject to confidentiality. 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. Burnaby Treasure does not obtain your card information directly.

5. Participation in a Hunt

5.1 Safe and Appropriate Behavior

While participating in a Hunt, please be aware of your surroundings and interact with your surroundings safely. You agree that your participation in a Hunt is at your own risk, and that while participating in a Hunt, you will not violate any applicable law, principal law or bylaw, regulation, or instructions as outlined in the Terms, and you will not encourage any other individual to do so. You will not trespass on private property, or property marked with signage to keep or stay out.

5.2 Your Interactions 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 Burnaby Treasure (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 Burnaby Treasure does not screen or inquire into the background of any participants in a hunt. Burnaby Treasure 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.

5.3 Assumption of Risks

Unless prohibited by applicable law, you agree that by purchasing a Clue and/or Hint and participating in a Hunt, you willingly, knowingly and voluntarily assume any and all risks occurring before, during or after the Hunt, including injury by any cause and damage, loss, or theft of property. You acknowledge that Hunts have inherent and unforeseen risks, including but not limited to (a) contact or collision with persons or objects, (b) obstacles (e.g., natural and man-made water, road and surface hazards), (c) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure), (d) weather related hazards, (e) inadequate first aid and/or emergency measures, (f) judgment and/or behavior related problems (e.g., erratic or inappropriate participant, co-participant, or bystander behavior) and (g) natural hazards (e.g., uneven or difficult terrain, wildlife and insects, contact with plants). You agree to take reasonable precautions before participating in a Hunt, for example consulting with a personal physician and ensuring you are in good physical health, wearing appropriate attire, and bringing necessary or recommended supplies. You further understand and acknowledge it is your responsibility to inspect your surroundings while participating in a Hunt. If you believe or become aware of any unsafe conditions or unreasonable risks, you agree to immediately cease participation in the Hunt.

To the extent permitted under applicable law, you hereby waive and release Burnaby Treasure and any other party involved in creating or delivering a Hunt 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 Hunt, including for negligence, inherent and unforeseen risks, injury or damage to persons or property and the actions of third parties, other Hunt participants and bystanders.

5.4 Who May Participate in a Hunt

Unless stated otherwise for a particular Hunt, children are allowed to participate in Hunts. A “Child” is a person under the age of majority in the Province/Territory in which the Hunt occurs. To the extent permitted under applicable law, Burnaby Treasure declines any responsibility regarding any activities conducted by a child with or without the permission of the parent of the child. If you are a parent and you give your permission for your child to participate in a Hunt, you thereby agree to the Terms.

5.5 Details of the final location

The Clues for the Hunt contains riddles that refer to locations within the City of Burnaby. 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.

  • Are not in any type of restricted area, unless otherwise stated by Burnaby Treasure.

  • Will not put you in any type of unreasonable danger.

  • Are located within the playable area outlined by Burnaby Treasure.

  • Will not require you to enter a place of business or make contact any businesses.

 
5.6 Recordings and Use of Likeness

You consent to and approve of Burnaby Treasure's recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice while participating in a Hunt and free use of this information. Burnaby 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.

6. Limited License to Use

Subject to your compliance with the Terms, Burnaby Treasure grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view all materials on our website. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Clues; (b) distribute, transfer, sublicense, lease, lend, or rent the Clues to any third party; (c) reverse engineer, decompile, or disassemble the Clues; or (d) make the Clues available to multiple users through any means. Burnaby Treasure reserves all rights in and to the Clues not expressly granted to you under the Terms.

7. Conduct, General Prohibitions, and Burnaby 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 Burnaby 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 Clues;

  • bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by Burnaby Treasure or any of Burnaby 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, Burnaby Treasure's computer systems, or the technical delivery systems of Burnaby Treasure's providers;

  • attempt to probe, scan, or test the vulnerability of any Burnaby Treasure's 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 Burnaby Treasure is not obligated to monitor access to or use of the Website or Clues, 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 Clues and/or Hints, 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 Burnaby Treasure's Terms and may be a breach of law.

8. Third-Party Websites or Resources

The Website may contain links to third-party websites or resources. Burnaby 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.

Burnaby 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 Burnaby 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.

9. Disclaimer of Warranties

To the extent permitted under applicable law, all Hunts, the Website and the Clues and/or Hints 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 the puzzle and hints until there is a Winner, with the exclusion of Section 12.3 or until December 31, 2022, whichever comes first.

10. Limitation of Liability

To the extent permitted under applicable law, neither Burnaby Treasure nor any other party involved in creating, producing, or delivering Hunts or associated Clues and/or Hints 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 Clues and/or Hints, 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 Burnaby 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 Burnaby 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 riddles exceed one hundred dollars ($100 CAD). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Burnaby Treasure and you.

11. Dispute Resolution

You agree that disputes between you and Burnaby Treasure 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 11.1, “arbitration,” below.

11.1 Arbitration

If you live in a jurisdiction which allows you to agree to arbitration, you and Burnaby Treasure 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, Burnaby Treasure 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, its Website, or the Clues and/or Hints.

You acknowledge that misuse of the Clues and/or Hints and/or Burnaby Treasure's Website will cause harm to Burnaby Treasure 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 Burnaby Treasure with written notice of your desire to do so by email to burnabytreasure@gmail.com within 30 days following the date you first accept these Terms (such notice, an “Arbitration Opt-out Notice“). If you don’t provide Burnaby Treasure with an Arbitration Opt-out 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 Burnaby Treasure 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 11.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 11.4, “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.

11.2 Arbitration Rules

If arbitration is required, the parties shall submit those issues to binding arbitration pursuant to rules of the Arbitration Act, RSBC 1996, Chapter 55, as amended.

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 British Columbia, without regard to its choice of laws principles.

3. The arbitration is to be conducted in British Columbia.

11.3 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.

11.4 Governing Law and Exclusive Venue

To the extent that these Terms allow you or Burnaby Treasure to initiate litigation in a court, other than for small claims court actions, both you and Burnaby Treasure agree to the exclusive jurisdiction of and venue in the Provincial and Federal courts located in British Columbia. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of our Website and the Clues and/or Hints are governed by the laws of British Columbia, excluding its conflicts-of-law rules.

11.5 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.

11.6 Changes to Dispute Resolution

If Burnaby Treasure 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 burnabytreasure@gmail.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Burnaby Treasure 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).

12. General

12.1 Entire Agreement

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

12.2 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 Burnaby Treasure's prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. Burnaby 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.

12.3 Force Majeure

Neither Burnaby Treasure nor any other party involved in creating, producing, or delivering the Website, Hunts, Clues and/or Hints will be liable with respect to any damages, injuries, non-performance or 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.

12.4 Notice

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

12.5 Waiver

Burnaby 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 Burnaby 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.

12.6 Contact Information

If you have any questions about these Terms, please contact Burnaby Treasure at burnabytreasure@gmail.com.

© 2020 by Burnaby Treasure Inc.