Please read these Terms & Conditions carefully. 

These Terms & Conditions, taken together with the Official Rules for Roamli Scavenger Hunt Experience and the Publicity Release Form constitute a binding agreement as to your participation in the Roamli Scavenger Hunt Experience. DO NOT PURCHASE GAME PLAY MATERIALS OR PARTICIPATE IN THE ROAMLI SCAVENGER HUNT EXPERIENCE UNLESS YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS & CONDITIONS AS WELL AS THE OFFICIAL RULES FOR THE ROAMLI SCAVENGER HUNT EXPERIENCE AND THE PUBLICITY RELEASE FORM. These Terms & Conditions, the Official Rules and the Publicity Release Form supersede any prior understandings or agreements, whether oral or written. The terms of the Official Rules and Publicity Release Form are incorporated herein by reference. In the event of any inconsistency between these Terms & Conditions, the Official Rules and the Publicity Release Form, these Terms & Conditions shall prevail, govern and control in all respects.

In consideration of being allowed to participate in the Roamli Scavenger Hunt Experience conducted by Roamli LLC (“Roamli”), Evanston, IL 60201, I acknowledge, warrant and agree to the following:

1. Requirements for Scavenger Hunt Experience Contestants:

   I must (1) be 18 years (or age of majority in my jurisdiction of residence, whichever is higher) or older (2) have the power to enter a binding contract with Roamli and not be barred from doing so under any applicable laws or any other agreement to which I am a party, and (3) reside in the United States. By my participation in the Scavenger Hunt Experience, I affirmatively certify and warrant that I am 18 years of age or older (or age of majority in my jurisdiction of residence, whichever is higher), have the power to enter a binding contract with Roamli and reside within the United States.

   I further certify and warrant that I am not:

   1. A current or former employee, officer, director, owner or independent contractor of any vendor or other service provider of Roamli or a member of the same household (whether or not related) or Family Member (defined as parent, child, sibling, spouse, regardless of where I may live) of any of the foregoing.

   2. A current or former employee, officer, director, owner or independent contractor of any Scavenger Hunt Experience producers, sponsors, organizers other than Roamli (to the extent applicable);

   3.  In possession of any knowledge of the game play materials or location of the Challenges comprising the Scavenger Hunt Experience prior to Roamli’s provision of same to Contestants at the time of purchase;

   4. Subject to a felony conviction or a conviction of any kind for trespassing, larceny, sexual assault or domestic violence that has not been overturned or;

   5. Currently registered, or required to register, as a sex offender.

   
   You may participate in a Scavenger Hunt Experience on an individual basis or as part of a group or team.  For group/team participation, the individual within such group/team who has purchased the game play materials for the Scavenger Hunt Experience shall be the Lead Contestant functioning as the authorized representative for all members of the group/team and as the sole liaison with Roamli as to the group’s/team’s participation in the Scavenger Hunt Experience. Lead Contestant assumes full responsibility for informing all Contestants who are members of his/her group/team of any information and materials provided to Lead Contestant by Roamli in conjunction with participation in the Scavenger Hunt Experience. 

2. Waiver and Release of Liability:

   1. I have independently investigated the risk of injury to myself from the activities involved with the Scavenger Hunt Experience (hereinafter collectively referred to as “Activities”), including the potential for permanent disability and death, and understand that, while particular rules, precautions, following provided instructions and personal discipline may reduce this risk, the risk of serious injury is an inherent risk in participation in the Activities;

   2. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for said risks;

   3. On behalf of my heirs, assigns, personal representatives and next of kin and any other party who may take by or through me, I hereby release and hold harmless Roamli, its divisions and affiliated companies; Scavenger Hunt Experience producers, sponsors, organizers other than Roamli (to the extent applicable); their respective officers, officials, agents, employees, volunteers, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the Activities (“Releasees”), with respect to any and all injury, disability, death, or loss or damage to person or property incident to my or involvement or participation in the Activities, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law;

   4. I,  on behalf of my assigns, personal representatives and next of kin and any other party who may take by or through me, agree to defend, indemnify, and hold harmless all the above Releasees from any and all liabilities incident to my involvement or participation in the Activities, even if arising from their negligence, to the fullest extent permitted by law;

   5. I, on behalf of my assigns, personal representatives and next of kin and any other party who may take by or through me, agree to defend, indemnify, and hold harmless all the above Releasees for any and all claims made by any third-party entity or individual against any Releasee based, in whole or in part, upon any intentional or negligent action by me;

   6. I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that we have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement;

   7. I certify that I have not been advised to not participate by a qualified medical professional and that there are no health-related reasons or problems which preclude my participation in this activity being cognizant that such participation involves an not insignificant amount of outdoor activity (e.g., walking/running or cycling) for a period of several hours.

3. Release of Photographs and Likenesses of Participants:

   I understand that while participating in the Activities, I may be photographed, videotaped, or otherwise recorded. By  participating in the Activities, I hereby consent to the use of photographs, audio recording, and/or videotape of myself for publicity, promotional, and/or educational purposes (including publications and presentation or broadcast via newspaper, internet, or other media sources) as well as internal/archival purposes, to the fullest extent permitted by law. I do so with full knowledge and consent and waive all claims for compensation for use or for damages. I  agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the Scavenger Hunt Experience producers, sponsors, organizers, and assigns (to the extent applicable). I further agree to allow my username to be publicly announced if I am the Official Winner of a Scavenger Hunt Experience.

4. Payment and Refunds:

   I acknowledge that any payment made to Roamli for participation in the Scavenger Hunt Experience is final and not subject to refund for any reasons other than those expressly described in these Terms & Conditions or Official Rules. I further acknowledge that any and all costs incurred in conjunction with participation in the Scavenger Hunt Experience are my sole responsibility; such costs include but are not limited to wireless Internet access charges and travel-related costs.  

5. Product:

   I acknowledge that I am purchasing the game play materials, which are to be used to take part in the Scavenger Hunt Experience. Any monetary incentive available to the Official Winner is a bonus and does not constitute the product being purchased. THE ONLY PRODUCT BEING PURCHASED ARE THE GAME PLAY MATERIALS, WHICH ARE TO BE USED TO TAKE PART IN THE SCAVENGER HUNT EXPERIENCE. I further acknowledge attaining the status of Official Winner requires the exercise of intellect, reasoning and critical thinking to properly comprehend and exploit the game play materials and complete Challenges comprising the Scavenger Hunt Experience.  

6. Taxes:

   I acknowledge that I am fully responsible for all applicable taxes on any monetary incentive that I receive in connection with the Activities. I understand that, as a condition precedent for receipt of any monetary incentive, I may be required to produce a completed form W-9 with my Social Security Number and/or other documentation required by State or Federal taxation authorities.

7. Copyright:

   I acknowledge that all game play materials, website content, mobile application content, and other content associated with the Activities are at all times the sole property of Roamli, which grants to me a limited, nonexclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use the Scavenger Hunt Experience Content solely for purposes of participation in the corresponding Scavenger Hunt Experience in accordance with these Terms & Conditions and the Official Rules. ANY OTHER USE OF THE SCAVENGER HUNT CONTENT, INCLUDING BUT NOT LIMITED TO REPRODUCTION OR PUBLICATION OF SAME, CONSTITUTES AN ACTIONABLE VIOLATION OF ROAMLI’S RIGHTS. 

8. Cancellation, Alteration, or Postponement of Scavenger Hunt Experience

   I acknowledge that Roamli may cancel the Scavenger Hunt Experience at any time for any reason beyond its control; a force majeure event (e.g., a natural disaster, pandemic/epidemic, civil commotion, riot, strike, act of fraud). In such case, I will receive a full refund. If a Scavenger Hunt Experience is cancelled, game play materials sold by Roamli for use in participating in such Scavenger Hunt Experience are void and should be discarded.

   I acknowledge that the Scavenger Hunt Experience may be postponed to a later date of Roamli’s sole choosing), and that refunds will not be issued in the event of a postponement, except at the sole discretion of Roamli.

9. Limitation of Liability: 

   Roamli assumes no liability under any legal theory for:

   1. Scavenger Hunt Experience materials sent by or sent to Contestants that are late, lost, garbled, incomplete, inaccessible, blocked, corrupted, jumbled, misdirected, delayed, or damaged, regardless of cause (all of which are void);

   2. incomplete or inaccurate information whether caused by Contestants or any other party, tampering, hacking or by any equipment or programming associated with or utilized with the Scavenger Hunt Experience or by any technical or human error, malfunction or failure;

   3. any other error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Scavenger Hunt Experience materials;

   4. any problems or technical malfunctions of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, software, programming related to implementation of the Scavenger Hunt Experience.

10. Severability:

    Should any provision of the Terms & Conditions be held invalid or unenforceable by a tribunal of competent jurisdiction for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms & Conditions, and the application of that provision shall be enforced to the extent permitted by law. Any failure by Roamli to enforce the Terms & Conditions or any provision hereof shall not waive Roamli’s right to do so. As used in these Terms, the words “include” and “including”, and variations thereof, will be deemed to be followed by the words “without limitation.”

11. Governing Law/Jurisdiction:

    The Terms are subject to the laws of the State of Illinois, United States of America, without regard to choice or conflicts of law principles. Further, to the fullest extent permitted by law, I agree to the personal and exclusive jurisdiction of United States District Court for the Northern District of Illinois (situated in Chicago) or Illinois State Court (situated in Chicago)  to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreement or the Scavenger Hunt Experience, waiving any claim of change of venue, forum non conveniens or the like.  In any such action, I agree that my recovery shall be limited to a refund of the purchase price of game play materials for the Scavenger Hunt Experience, with special, compensatory, punitive, consequential and other damages, attorneys’ fees, as well as any right to equitable or injunctive relief (including any remedy by which I may suspend or interrupt an ongoing Scavenger Hunt Experience) being specifically waived. I additionally agree, to the fullest extent permitted by law, to bring any such action solely on an individual basis and agree not to seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.