Welcome to The National Treasure Quest! Your Membership entitles you to participate in a real-world search guided by clues provided by The National Treasure Quest (“NTQ”). Successful Members (“Searchers”) will be entitled to an award conditioned upon the Terms as set forth herein. Searchers will be required to carefully and strictly adhere to all terms, conditions and rules (collectively, “Terms”). The Terms also govern your interaction with any websites we own or operate (“Sites”), purchase of any NTQ merchandise, participation in any NTQ Events or promotions, or eligibility and requirements for participation in any Award.

YOU MUST ACCEPT THESE TERMS & CONDITIONS BEFORE YOU WILL BE PERMITTED TO VIEW CONTENT EXCLUSIVE TO MEMBERS OR TO BE ELIGIBLE FOR ANY AWARD. BY CLICKING "ACCEPT" AT THE BOTTOM OF THIS PAGE, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, CLICK THE "CANCEL" BUTTON AND RETURN TO THE OWNER HOME PAGE. ONCE YOU CLICK "ACCEPT" AND YOUR CREDIT CARD IS VERIFIED, YOU WILL BE ABLE TO VIEW EXCLUSIVE MEMBERSHIP CONTENT AND BECOME ELIGIBLE TO PARTICIPATE IN THE NATIONAL TREASURE QUEST. BY CLICKING THE "ACCEPT" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS & CONDITONS.

We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services or updating the "Last Updated" date above. You may be required from time to time to affirmatively confirm your consent to any changes or updates to these Terms as a condition for your continued membership or participation. Your continued use of the Services, whether affirmatively acknowledged or not, shall serve to confirm your acceptance of the revised Terms.

Table of Contents

Terminology

Registration

Membership

Events

Rules

Award

Publicity Release

Dispute Resolution

Third Party Advertisers

Indemnity

Hyperlink Policy

Privacy Policy

Dispute Resolution

Intellectual Property Rights

No Warranties

Limitation of Liability

Notice

General

Violations

TERMINOLOGY

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

"Member," “Searcher,” “You” and “Your” refer to you, the person accessing this content and accepting the Company’s terms and conditions.

“Service” or “Membership” refer to The NTQ game, Event(s), content and Award, and all associated activity.

"The Company", “Ourselves”, “We” and "Us", refer to our Company. “Party”, “Parties”, or “Us”, refer to both the Member and ourselves, or either the Member or ourselves.

All terms refer to the Service, the Company’s support of the Service, and Your use of the service in accordance with and subject to, prevailing Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

REGISTRATION

Certain areas of the NTQ web site are provided solely to registered Members of the web site. Any Member registering for such services agrees to provide true and accurate information during the registration process. NTQ reserves the right to terminate the access of such Members should NTQ know, or have reasonable grounds to suspect, that a Member has entered false or misleading information during the registration process. ALL REGISTERED MEMBERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to participate unless under the strict supervision of a legal guardian. NTQ reserves the right to require valid credit card information as proof of legal age. NTQ maintains strict online Privacy Policy and will not sell or give your information to other parties

MEMBERSHIP

YOU MUST BE 18 YEARS OR OLDER TO BECOME A MEMBER.

Members of The NTQ subscribe to the Services to view exclusive NTQ content, participate in the NTQ Events and become eligible for the Award.

The NTQ Events will be singular events that may occur simultaneously in multiple states with each event operating independently from those in other states.

The Membership Fee is a one-time fee per state per event. Once an Event has concluded a separate Fee will be required for any subsequent Event. Members may join multiple Events simultaneously with the applicable fee.

Members will have access to content generated by The NTQ and published simultaneously to all Members.

EVENTS

The NTQ will launch an Event in one or more States in the United States. Each Event is comprised of the placement of a MEDALLION in a secret location within each State that is hosting an Event.

Members (“Searchers”) will be provided content (“Clues”) that are intended to assist Searchers locate the Medallion for each Event. The frequency and clarity of the Clues will be at the sole discretion of The NTQ. The NTQ will not provide any benefit to any Searcher of an Event that is not available to all Searchers of an Event.

Each Event ends as soon as the Medallion for that Event is first located and obtained by a Searcher.

The placement of Medallions and their respective Clues will be unique for each Event in each State.

RULES

Searchers agree to strictly adhere to the following terms with respect to Event participation:

NO TRESPASSING. The NTQ will not place the Medallion on private property and will not publish any clues with the intent of guiding Searchers to private property. Searchers shall not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be.

NO DANGER. The Medallion will be “hidden” but not “buried” or otherwise inaccessible. Searchers will not engage in any activity that may result in injury, death, property damage, nuisance or liability of any kind.

NO CHEATING. The NTQ will make the same information available to all Event Members in the same manner. Searchers agree to maintain safe and appropriate contact with other Searchers and other people in the real world. You will not harass, threaten or otherwise violate legal rights of others or attempt to prevent other Searchers from participating.

AWARD

The successful Searcher will be entitled to participate in the Award. The Award for each Event is valued at a minimum of USD $5,000.00 (Five Thousand and 00/100 Dollars) before applicable taxes.

There will be only ONE successful Searcher per Event. The successful searcher will be whomever first lawfully obtains the Medallion in accordance with the Terms.

Searchers ACKNOWLEDGE and AGREE that the monetary Award is conditioned upon the Searcher’s participation in and development of content produced and/or approved by The NTQ documenting the search. Searchers further agree that such content will become the exclusive property of The NTQ and all copyright and publication rights shall be exclusively retained by The NTQ with all benefits to ensure exclusively to The NTQ.

MEMBERS/SEARCHERS WAIVE ANY AND ALL RIGHTS TO CONTENT INITIATED, DEVELOPED OR PUBLISHED THROUGH PARTICIPATION IN ANY NTQ EVENT(S) OR AWARD(S).

The failure or refusal of a successful Searcher to participate in production of content identified herein as a condition of the Award shall be ineligible for the Award.

Employees of The NTQ, their respective affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those residing in the same household of each are not eligible for the Award and are further prohibited from sharing, disclosing or otherwise revealing in any manner the location of any Medallion for any active or planned Event to any eligible individual.

PUBLICITY AND INTELLECTUAL PROPERTY RELEASE

You give permission irrevocably and in perpetuity to The NTQ and its subsidiaries and affiliates to, without additional compensation, to use, adapt, reproduce, distribute, display and publicly publish and promote your likeness and biographical data, in whole or in part, throughout the universe, in connection with the promotional or marketing activities of The NTQ and/or its subsidiaries or affiliates. In connection herewith, you waive any rights under any applicable state statute, including but not limited to (for example) Texas Property Code §26, California Civil Code §3344, or any similar law or precedent of any state, U.S., or foreign jurisdiction, whether recognized in common law or codified by statute.

You further acknowledge and agree that all user generated content (“UGC”) developed through participation in any NTQ Event is the exclusive property of The NTQ and you irrevocably waive any interest or rights in such content. Should any such rights be ineligible for waiver, The NTQ maintains the exclusive right to edit, promote or publish such content without royalties owed to or earned by the party reserving any such rights to the content.

TERMINATION OF MEMBERSHIP

NTQ may, at its sole discretion, terminate the Member’s account for any reason. Under no circumstances shall NTQ be liable to User or any other party for such termination of User’s account.

THIRD PARTY ADVERTISERS.

NTQ may allow third party advertisers to advertise on the NTQ web site. NTQ takes no responsibility for User’s dealings with, including any online or other purchases from, any third-party advertisers. NTQ shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.

INDEMNITY

You agree to indemnify and hold NTQ, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

HYPERLINK DISCLAIMER

The NTQ site may contain hyperlinks to other Internet sites not under the editorial control of The NTQ. These hyperlinks are not express or implied endorsements or approvals by The NTQ of any products, services or information available from these sites

PRIVACY POLICY

Policy. The NTQ Privacy Policy covers NTQ’s treatment of personal or personally identifiable information (“Personal Information”) that may be collected when you are on the NTQ web site, when you use NTQ’s services and/or when you become a Member. This policy does not apply to the practices of companies that NTQ does not own or control, or to individuals that are not under NTQ’s supervisory control.

Collection and Use of Personal Information. NTQ may collect Personal Information when you subscribe to Membership, use certain services on the NTQ web site or when you visit cookie-enabled web pages. NTQ may also log your IP address when you use the NTQ web site. NTQ uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the NTQ web site. NTQ may also use “cookie” files to better serve your needs by creating a customized web site which fits your needs.

Sharing and Disclosure of Personal Information. NTQ will not sell or rent your Personal Information to any individual, business, or government entity. NTQ will share your Personal Information with other entities should you request NTQ to share such information, or if NTQ is required to respond to court orders, subpoenas or other legal process.

Member Accounts. NTQ allows Members to set up personal accounts to access exclusive content, shop in our online store or to participate in our online communities or live Events. You have the ability to edit your User Information at any time and may delete your account or terminate your membership at your convenience. Under no condition will NTQ share your user account information with another individual, business or government entity, unless NTQ is required to respond to court orders, subpoenas or other legal process.

Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.

Amendments. NTQ reserves the right to amend this policy at any time. NTQ will contact registered users by e-mail, and shall also post a notice of changes on its web site, when and if the terms of this policy are amended.

Contact. You may contact NTQ directly by e-mailing info@theNTQ.com should you have any questions regarding this policy.

DISPUTE RESOLUTION

YOU AGREE THAT DISPUTES BETWEEN YOU AND THE NTQ WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING

You and The NTQ agree that any disputes will be settled by binding arbitration, except that 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"). Notwithstanding this arbitration agreement, The NTQ 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 wilful misuse or abuse of its IP, products, and Services.

Without limiting the preceding paragraph, you will also have the right to litigate any other dispute if you provide The NTQ with written notice of your desire to do so within thirty (30) days following the date you first accept these Terms (such notice, an "Arbitration Opt-out Notice"). If you don’t provide The NTQ with an Arbitration Opt-out Notice within the thirty (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 The NTQ 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 13.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 13.6, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall 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.

Arbitration Rules

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure

Unless you and The NTQ otherwise agree, the arbitration will be conducted in a confidential manner, in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and The NTQ submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the arbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than three (3) depositions per side, and there will be no corporate deposition of the type contemplated by Federal Rule of Civil Procedure 30(b)(6).

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of Section 12 "Limitation of Liability" as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. The NTQ will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

Governing Law and Exclusive Venue

To the extent that these Terms allow you or The NTQ to initiate litigation in a court, other than for small claims court actions, both you and The NTQ agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Northern District of Texas. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of Texas, excluding its conflicts-of-law rules. If you are resident in a member state of the EEA or a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.

Fees

Our responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, The NTQ will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b).

Changes to Dispute Resolution

Notwithstanding the provisions of the "Changes to Terms or Services" section above, if The NTQ changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of The NTQ’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 The NTQ in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)

INTELLECTUAL PROPERTY RIGHTS

Member agrees not to distribute, license, or create derivative works from any of NTQ’s copyrighted or trademarked material, including graphic files and software, available on the NTQ web site.

NO WARRANTIES

THE INFORMATION AND DOWNLOADABLE CONTENT PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.

LIMITATION OF LIABILITY

NTQ’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, CONTENT DELIVERY, OR SOFTWARE, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). NTQ IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

NOTICE

Notices may be posted to The NTQ web site or e-mailed to Members using the e-mail address Members submitted during the registration process.

GENERAL

This Agreement constitutes the entire agreement between you and The NTQ and governs your use of The NTQ web site and participation in The NTQ Events. This Agreement shall be governed by the laws of the State of Texas. Member agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas in the State of Texas. The failure of NTQ to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. Any claim arising under the terms of this Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any known or suspected violations of the Terms, including any suspected copyright or trademark violations, to info@theNTQ.com.

© The National Treasure Quest 2020. All text, graphics, audio files, Java applets and scripts, downloadable software, and other works on this web site are the copyrighted works of The National Treasure Quest, LLC. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this web site is strictly prohibited.

The National Treasure QuestTM and The NTQTM and associated logos are trademarks of The National Treasure Quest, LLC.