Terms and Conditions

CITYSTREAK LLC

TERMS AND CONDITIONS OF EVENT PARTICIPATION

IN CONSIDERATION of CityStreak LLC (“CityStreak”) allowing me to participate in any CityStreak event (“Event(s)”), I (the “Participant”), for myself, and on behalf of any spouse, children, parents, guardians, heirs, next of kin, legal or personal representatives, executors, administrators, successors or assigns that I may have, herby agree to the following terms and conditions set forth in this agreement (the “Agreement”):

1.     Participant hereby represents and warrants that (i) Participant is in good health and in proper physical condition to participate in the Event; and (ii) Participant is not under the influence of alcohol or any illicit or prescription drugs that would in any way impair Participant’s ability to safely participate in the Event. Participant agrees that it is Participant’s sole responsibility to determine whether Participant is sufficiently fit and healthy enough to participate in the Event. It is always advisable, especially if Participant is pregnant, suffering from any disability, recovering from a recent illness, injury or impairment, to consult a physician before undertaking any physical activity. Participant agrees to abide by any decision of a CityStreak representative regarding his or her ability to safely participate in the Event.

2.     Participant understands and acknowledges the physical and mental rigors that could be associated with a scavenger hunt in an urban location. Participant understands that participation may involve risks and dangers that, without limitation, include the potential for serious bodily injury, permanent disability, paralysis and death; loss or damage to property; exposure to extreme conditions and circumstances; accidents, illness, contact or collision with other participants, spectators, vehicles or other natural or human-made objects; dangers arising from adverse weather conditions; imperfect conditions; water, road and surface hazards; equipment failure; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of CityStreak or Event organizers; and other undefined harm or damage which may or may not be readily foreseeable, and other presently known or unknown risks and dangers (“Risks”). Participant understands that these Risks may be caused in whole or in part by his/her own actions or inactions, the actions or inactions of others participating in the Event, the actions or actions or non-participants, or the acts, inaction or negligence of the Released Parties defined below, and Participant hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses or expenses which Participant incurs as a result of Participant’s participation in the Event.

3.     Participant agrees to be familiar with and abide by the Rules and Regulations established for the Event; Participant’s entry into the race is conditioned upon acceptance of these Rules and Regulations. Participant also accepts sole responsibility for Participant’s own conduct and actions while participating in the Event. Failure to adhere to the rules of the race will result in, at the sole discretion of CityStreak or the Event organizer, disqualification from the race and any claim or right to the prize(s) offered. Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This includes respect for all people, equipment, and facilities, and cooperative, positive participation. CityStreak or the Event organizer may dismiss anyone, without refund, whose behavior endangers safety or negatively endangers safety or negatively affects the Event, a person, a facility, or property of any type or kind.  

4.     Participant hereby releases, waives and covenants not to sue, and further agrees to indemnify, defend and hold harmless the following parties: CityStreak, its officers, employees, independent contractors, representatives, volunteers and spectators of its Events; the Event organizers and promoters, race directors, sponsors, advertisers, host cities, local organizing committees, venues and property owners upon which the Event takes place, participating merchants, law enforcement agencies and other public entities providing support for the Event, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees and volunteers (Individually and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and reasonable attorneys fess) of any kind or nature (“Liability”) that may arise out of, result from, or relate to participation in the Event, including but not limited to claims for Liability caused in whole or in part by the negligence of the Released Parties or Participant. Participant further agrees that if, despite this Agreement, Participant, or anyone on Participant’s behalf, makes a claim for Liability against any of the Released Parties, Participant will indemnify, defend and hold harmless each of the Released Parties from any such Liability that may be incurred as the result of such claim. Participant agrees that this agreement is intended to be as broad and inclusive, and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

5.     Participant understands and acknowledges that some instructions, reminders and other useful information will be sent to the email address, phone, or specified communication device supplied by Participant to CityStreak. It is Participant’s responsibility to supply correct contact information and to check it regularly for updates and information about the race. Participants are encouraged to supply a working email account and mobile telephone number to receive communications about the Event.

6.     Participant agrees to obey all laws and regulations at all times while participating in the Event. Participant is responsible for his/her own security and safety. CityStreak accepts no responsibility for loss or injury occurring during the Event.

7.     If Participant operates a motor vehicle in connection with the Event, Participant shall possess and carry with him or her a driver’s license and a copy of his/her motor vehicle insurance.

8.     By participating, Participant grants CityStreak permission to record and use Participant’s name, image, likeness, biographical information and communications and movements he or she makes (the “Materials”), along with any video footage, sound recording, stills, photographs or other capturing method (regardless of technology used, whether existing or not yet contemplated) for commercial and marketing purposes including, but not limited to, television broadcasts, internet marketing, social media, website promotion, video advertising, publications, marketing material and other documents that may be made available to the public. Participant quitclaims to CityStreak any and all rights and/or ownership he or she may have in the Materials or derivatives thereof, and Participant understands and agrees that these Materials are the property of CityStreak and will not be returned to Participant. Participant hereby irrevocably authorizes CityStreak to edit, alter, copy, exhibit, publish or distribute these Materials for purposes of advertising or for any other lawful purpose. In addition, Participant waives the right to inspect or approve the finished product, including written or electronic copy, wherein the Materials appear. Additionally, Participant waives any right to royalties or other compensation arising or related to the use of the Materials.

9.     Winning the race: This is not a contest or a sweepstakes. This is a game of skill and speed requiring athletic and mental abilities, not a game of chance. To win the prize, Participant must be the first person to complete a series of steps, activities, objectives, missions, or clues communicated by CityStreak and evaluated for validity solely by the CityStreak.

10.  The Event winner will be responsible for all taxes on the prize. US prize winners will also be required to provide their Social Security number for tax reporting purposes if the retail value of the prize won is $600.00 or greater as determined in CityStreak’s sole discretion. CityStreak will file an IRS Form 1099 with the Internal Revenue Service for the prize if the retail value of such prize if $600.00 or greater. If an Event winner refuses to provide his/her Social Security number for a prize worth $600.00 or greater, the Event winner will be disqualified and an alternate winner will be selected as determined by the CityStreak.

11.  Participant understands that all entries in the Event are final with no refunds.

12.  CityStreak reserves the right in any event of emergency, weather or other acts of God, or local or national disaster to cancel the Event or to change the day and/or time to a later day and that in the case of cancellation or change there is no refund of entry fees. CityStreak reserves the right to change the date and/or time of the event at any time and that in the case of change there is no refund of entry fees.

13.  Participant agrees he or she is at least 18 years old, and has reviewed this waiver and consented to its terms by agreeing below.

I hereby represent and warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by agreeing to its terms, acknowledge that I have checked the agreement box voluntarily, without any inducement, assurance or guarantee, and intend for my agreement to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of the Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.