Welcome to Scavenge Corporation! We operate clue-based scavenger hunts for paid members (“Members”) in Canada (each a “Hunt”). Please read these Scavenge Corporation Terms and Conditions (the “Terms”). The Terms govern your participation in a Hunt, the use of the clues purchased by you (the “Clues) , and your interface with any websites we own or operate.

These Terms are entered into between you and Scavenge Corporation, referred to as “Scavenge” or “we” in the Terms.

By participating in a Hunt or utilizing the Clues, you are agreeing to the Terms. If you do not agree to the Terms, you may not participate in a Hunt or utilize the Clues.

Scavenge may modify the Terms at any time, and if we do, we will notify you via email or by updating the modified Terms on the 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.

If you breach the Terms, we may take action, including legal action, against you. You acknowledge that Scavenge has no obligation to, and will not, reimburse or refund you for your Hunt entry fee if you breach the Terms.

The Hunt and Prize(s)

For each Hunt, Scavenge will release a series of Clues to all Members for that Hunt leading to a final destination where a prize (the “Prize”) will be located (the “Final Destination”). The Final Destination of a Hunt cannot be located without having solved ALL of the Clues for that Hunt. Prize values will be determined by the final number of Members in the respective Hunt; it is expected that Prize values will range between $CAD5,000-$CAD1,000,000, with a minimum guaranteed Prize value announced prior to the Hunt start. The first Member to reach the Final Destination for each Hunt is (the “Winner”).  Scavenge personnel will be present at the Final Destination to award the Prize to the Winner. Prize(s) will vary for each Hunt; but will always include a large cash (or cash value) prize for the Winner. Additional prizes may be awarded for additional Members who reach the Final Destination after the Winner, at the discretion of Scavenge. Prize(s) will be awarded by way of certificate entitling the holder to the predetermined Prize value; the actual Prize will subsequently be delivered to the Winner via certified bank cheque and or delivery method agreed to by the Winner and Scavenge. Physical Cash will not be delivered on the day of the Hunt.

The Final Destination will be in a location within the Province where a Hunt is advertised to take place. Final Destinations may be in remote, rural, or urban environments; however, no Final Destination will be in a location that is inaccessible.

To claim the Prize(s) at the Final Destination, a Member must provide Scavenge with government issued photo identification that matches the Member’s information entered in Scavenge’s system during the Hunt signup. Failure to provide the required identification will result in the forfeiture of the Prize award to that Member.  No exceptions will be made in this regard.

General Disclaimers

Hunts are designed to provide exciting, competitive experiences with the potential to claim large cash or cash value prizes. By entering a Hunt, you are purchasing a set of Clues which allow you to use your critical thinking skills and ingenuity to decipher the Clues and other hints, as may be provided by Scavenge, within a complex puzzle that may lead to the location of the Final Destination. Entering a Hunt does not guarantee that you will reach the Final Destination.

Privacy

To allow you to partake in a Hunt you must become a Member of Scavenge. During the initial member signup process, we collect personal information about you, and we only use your information where we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices you have when you participate in a Hunt.

Participation in a Hunt

Behavior

While participating in a Hunt, please be mindful of your environment and interact with your environment and with others in a safe manner. You agree that your participation in a Hunt is at your own risk, and that while partaking in a Hunt, you will not violate any applicable law, regulation, terms, or Scavenge rules, and you will not encourage any other individual to do so. You will not trespass on private property without prior consent from the property owner.  You are required to execute Scavenge’s Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement as part of Member sign-up.

Interactions with Other Participants and Members of the Public

While partaking in a Hunt, you agree you will uphold safe and suitable contact with other Members and other members of the public that 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 remise, release, and forever discharge Scavenge (and our agents, officers, directors, agents, subsidiaries, joint ventures, employees, successors, and assigns) from all claims, contracts, suits, demands, interest, damages (actual and consequential), costs, fees, and compensation 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 Members in a Hunt and with other persons with whom you communicate or interact as a result of your participation in a Hunt. You understand that Scavenge does not inquire into the background of any Members in a Hunt. Scavenge makes no representations or warranties as to the conduct of Members in a Hunt. You agree to take reasonable precautions in all communications and interactions with other Members in a Hunt and with other persons with whom you communicate or interact as a result of your participation in a Hunt.

Assumption of Risks

Please refer to the Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement within the member signup section of the Website. A stand-alone version was emailed to the user after signing up.

Hunt Participants

Unless stated otherwise for a particular Hunt, children are not allowed to participate in Hunts. A “Child” is a person under the age of majority in the Province in which the Hunt occurs.  To the extent permitted under applicable law, Scavenge disclaims any responsibility regarding any activities conducted by a Child, whether or not the Child is participating with the permission of the parent(s) or guardian(s) of the Child.  If you are a parent or guardian and you give your permission for your Child to participate in a Hunt, you thereby agree to the Terms on your Child’s behalf.

You must be a Canadian resident to participate in a Hunt and subject to Canadian taxation as required.

Recordings and Use of Likeness

You consent to and approve of Scavenge’s recording of your image, likeness, name, dialogue, biographic information, personal characteristics, and voice while participating in a Hunt and further consent to Scavenge’s royalty free use of this information in any location, in any medium, in perpetuity. Scavenge may publish the results of any Hunts and pictures of Members in promotional and marketing materials and on social media in accordance with these Terms.

Disclosure

Should you reach the Final Destination, you are bound to withhold its physical location. Disclosure of Final Destination is prohibited as it places Scavenge’s other active or inactive Hunts in jeopardy.

Should we discover that you have directly or indirectly released this information to other Members, the public, or media, you are liable for all of Scavenge’s ensuing losses and damages. Scavenge retains the right to pursue any and all legal remedies at its disposal further to such disclosure.

Limited License to Use

Subject to your compliance with the Terms, Scavenge grants you a limited, nonexclusive, nontransferable, non-sublicensable license to view the Clues on a computer or mobile device. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create imitative 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. Scavenge reserves all rights in and to the Clues not expressly granted to you under the Terms.

Conduct, Prohibitions, and 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 Members in a Hunt without their express permission;
  • attempt to access or search Scavenge’s website (the “Website”) through the use of any prohibited means or technology or means other than those provided by Scavenge or other generally available third party web browsers.  Prohibited means or technology includes, 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 Scavenge or any of Scavenge’s providers or any other third party (including another user) to protect the Website or the Clues;
  • access, tamper with, or use non-public or non-member areas of the Website, Scavenge’s computer systems, or the technical delivery systems of Scavenge’s providers;
  • attempt to probe, scan, or test the vulnerability of the Website or any Scavenge 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 Scavenge is not obligated to monitor access to or use of the Website or the 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, 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 Scavenge’s Terms and may be a breach of law.

Intellectual Property

All information, software and materials on the Website, including, without limitation, the Hunts, the Clues, trademarks design, prices and descriptions, HTML text, graphics, other files, photographs, codes, layouts, designs, forms and the selection and arrangement thereof are owned by Scavenge and others and are protected by Canadian copyright, trademark and other applicable laws.

Third Party Websites or Resources

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

Scavenge 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 Scavenge 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.

Disclaimer of Warranties

To the extent permitted under applicable law, all Hunts, the Website and the Clues 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 Winner for each Hunt and we will provide Clues and hints, as necessary, until there is a Winner.

Limitation of Liability

Please refer to the Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement within the member signup section of the Website. A stand-alone version was emailed to the user after signing up.

Dispute Resolution

You agree that disputes between you and Scavenge will be resolved by binding, individual arbitration, and you are waiving your right to participate as a plaintiff or class member in any purported class action or representative proceeding.

Notwithstanding the foregoing, Scavenge retains the right to commence an action in a court of competent jurisdiction in respect of the certain types of disputes described in the “Arbitration” section below.

Arbitration

You and Scavenge agree that any disputes arising out of or in connection with these Terms will be settled by binding arbitration, except that Scavenge retains the right:

  1. to bring an individual action against you in Small Claims Court; and
  2. to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the intentional or willful misuse or abuse of Scavenge’s Website and/or the Clues or the actual or threatened infringement, misappropriation, or violation of Scavenge’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

You acknowledge and agree that misuse of the Clues and/or the Website will cause harm to Scavenge and acknowledge that we may take action against you for such misuse.

This “Dispute Resolution” section will survive any termination of these Terms. If any provision in this “Arbitration” section is found to be unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to “Governing Law and Exclusive Venue” below. The arbitrator, and not any court or agency, will have exclusive authority to: (a) determine the scope and enforceability of this “Arbitration” section; 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.

Arbitration Rules

If arbitration is required, the you and/or Scavenge shall submit those issues to binding arbitration pursuant to the Arbitration Act, RSA 2000, cA-43, 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 these Terms in accordance with the laws of the Province of Alberta, without regard to its choice of laws principles.
  3. The arbitration is to be conducted in Alberta.

Unless both you and Scavenge otherwise agree in writing, the arbitrator may not consolidate more than one party’s claim and may not otherwise preside over any form of any class or representative proceeding.

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.

Governing Law and Exclusive Venue

To the extent that these Terms allow you or Scavenge to initiate litigation in a court, other than for Small Claims Court actions, both you and Scavenge agree to the exclusive jurisdiction of and venue in the provincial and federal courts located in Alberta. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Website and the Clues are governed by the laws of the Province of Alberta, excluding its conflicts-of-law rules.

Attorney’s Fees and Interest

You and Scavenge agree to pay all reasonably incurred legal expenses, including solicitor-client legal fees incurred by the prevailing party in the prosecution or defense of any claim arising out of or related to the Terms. You and Scavenge also agree to pay all reasonably incurred legal expenses incurred in collecting on a final judgment arising out of such claims. You and Scavenge 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.

Changes to Dispute Resolution

If Scavenge 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 info@scavenge.ca) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Scavenge’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Scavenge 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).

General

Entire Agreement

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

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 Scavenge’s prior written consent. Any attempt by you to assign or transfer the Terms, without such consent, will be null and void. Scavenge may freely assign or transfer the Terms without restriction, and in such circumstances, Scavenge will not remain jointly and severally liable. Subject to the foregoing, the Terms will bind and inure to the benefit of you and Scavenge and your and Scavenge’s successors and permitted assigns.

Force Majeure

Neither Scavenge nor any other party involved in creating, producing, or delivering the Website, the Hunts, or the Clues 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, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

Notice

Any notices or other communications provided by Scavenge under the Terms, including those regarding modifications to the Terms, will be given via email 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.

Waiver

Scavenge’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 Scavenge. 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.

Contact Information

If you have any questions about these Terms, please contact Scavenge at info@scavenge.ca.