By participating in this Scavenger Haunt Event, you are agreeing to these terms and conditions and assuming all liability associated with your participation.
Terms and Conditions and Waiver and Release of Liability.
Please read these Terms & Conditions carefully.
These Terms & Conditions constitute a binding agreement as to your participation in the Bitbuy Halloween Scavenger Haunt Event.
In consideration of being allowed to participate in the Bitbuy Halloween Scavenger Haunt Event (the “Event”) conducted by Coinsquare Capital Markets Ltd., d/b/a Bitbuy (the “Sponsor” or “Bitbuy”), 110 Cumberland St #342, Toronto, ON M5R 3V5, I acknowledge, warrant and agree to the following:
1. Requirements for the Bitbuy Halloween Scavenger Haunt Event Participants:
a. I am at least 18 years or older and a resident of Ontario;
b. I am not a current or former employee, officer, director, owner or independent contractor of any vendor or other service provider of Bitbuy or any of its affiliates;
c. I understand that there will be a total four (4)cash and Bitbuy merch treasures hidden in the City of Toronto by Bitbuy, with the cash being stored in a velvet box (together “Treasure” or “Treasures”) and that I am only entitled to claim one (1) Treasure;
d. I understand that the Treasures will be placed by Bitbuy in various public areas within the City of Toronto and that the Event will run from October 19, 2024 to October 31, 2024 (the “Event Period”);
e. I understand that the Treasures hidden during the Event Period will be hidden sequentially on four (4) separate dates (together “Treasure Dates”);
f. I understand that the Treasure Dates will fall on:
a. October 22, 2024 (“Treasure Date 1”);
b. October 26, 2024 (“Treasure Date 2”);
c. October 29, 2024 (“Treasure Date 3”);
d. October 31, 2024 (“Treasure Date 4”);
g. I understand that the Treasure for Treasure Date 1 will be composed of Bitbuy merch and $100CAD cash. I further understand that on Treasure Date 1, there will be clues posted on Bitbuy’s Instagram, Tik Tok, and/or X accounts as to where the Treasure is hidden;
h. I understand that in the event that the content posted to Bitbuy’s Tiktok page on Treasure Date 1 receives a minimum of 1,000 likes by 5 pm EST on October 22, 2024 (“Treasure Date 1 Cutoff”), then the Treasure on Treasure Date 2 will be composed of Bitbuy merch and $200CAD cash. In the event that the content posted to Bitbuy’s Tiktok page on Treasure Date 1 receives less than 1,000 likes by the Treasure Date 1 Cutoff, then the Treasure for Treasure Date 2 will be composed of Bitbuy merch and $100CAD cash;
i. I understand that in the event that the content posted to Bitbuy’s Tiktok page on Treasure Date 2 receives a minimum of 5,000 likes by 5 pm EST on October 25, 2024 (“Treasure Date 2 Cutoff”), then The Treasure for Treasure Date 3 will be composed of Bitbuy merch and $400CAD cash. In the event that the content posted to Bitbuy’s Tiktok page on Treasure Date 2 receives less than 5,000 likes by the Treasure Date 2 Cutoff, then the Treasure for Treasure Date 3 will be composed of Bitbuy merch and $200CAD cash;
j. I understand that in the event that the content posted to Bitbuy’s Tiktok page on Treasure Date 3 receives a minimum of 15,000 likes by 5 pm EST on October 30, 2024 (“Treasure Date 3 Cutoff”), then the Treasure for Treasure Date 4 will be composed of Bitbuy merch and $800CAD cash. In the event that the content posted to Bitbuy’s Tiktok page on Treasure Date 3 receives less than 15,000 likes by the Treasure Date 3 Cutoff, then the Treasure for Treasure Date 4 will be composed of Bitbuy merch and $400CAD cash;
k. I further understand that this Event is in noway sponsored, endorsed, or administered by, or associated with Instagram, X,or Tik Tok. Any questions, comments or complaints regarding the Event must bedirected to Bitbuy.
2. Waiver and Release of Liability:
a. I have independently investigated the risk of injury to myself from the activities involved with the Event, 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 Event;
b. I knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for said risks;
c. 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 Bitbuy, its divisions and affiliated companies; Bitbuy Halloween Scavenger Haunt Event producers, sponsors, organizers other than Bitbuy (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 (“Released Parties” or “Released Party”), 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 Event, whether arising from the negligence of the Released Parties or otherwise, to the fullest extent permitted by law;
d. 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 Released Parties from any and all liabilities incident to my involvement or participation in the Event, even if arising from their negligence to the fullest extent permitted by law;
e. 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 Released Parties for any and all claims made by any third-party entity or individual against any Released Party based, in whole or in part, upon any intentional or negligent action by me;
f. 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 participating in the Event, and participate freely and voluntarily without any inducement; and
g. 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 a not insignificant amount of outdoor activity (e.g., walking/running or cycling) for a period of several hours.
h. X, Tik Tok, Instagram, and its owner Meta Platforms, Inc. shall be considered Released Parties. Every participant in the Event shall release, discharge and hold harmless X, Tik Tok, and Meta Platforms, Inc. from all liability related to the Event. Any questions, comments or complaints regarding the Event should be directed to Bitbuy and notX, Tik Tok or Meta Platforms, Inc.
3. Cancellation, Alteration, orPostponement:
I acknowledge that Bitbuy may cancel, modify, or postpone the Event at any time for any reason without notice.
4. Limitation of Liability:
Bitbuy assumes no liability under any legal theory for:
a. Event materials posted on X, Tik Tok, or Instagram that are late, lost, garbled, incomplete, inaccessible, blocked, corrupted, jumbled, misdirected, delayed, or damaged, regardless of cause (all of which are void);
b. incomplete or inaccurate information whether caused by participants or any other party, tampering, hacking or by any equipment or programming associated with or utilized with the Event or by any technical or human error, malfunction or failure;
c. 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 Event materials; and
d. 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 Event.
5. Publicity and Entrant Information:
By participating in the Event, entrants consent to the use of their name, address, email address, postal code, telephone number, social media handle(s), comments and image, whether on videotape, photograph or any other means, for the administration of the Event or any publicity carried out by Bitbuy, without further notice or compensation.
6. Intellectual Property:
All intellectual property, including but not limited to trademarks, logos, designs, promotional materials, web pages, source codes, images, drawings, illustrations, slogans and representations are owned by Bitbuy. All rights reserved. Unauthorized copying or use of any of Bitbuy’s intellectual property without the express written consent of Bitbuy is strictly prohibited.
7. Submission Content:
All posts or any other content whatsoever that is submitted to Bitbuy, posted on Bitbuy’s social media pages or posted or published anywhere else by the participant in order to participate in this Event must not contain any material that: i) violates or infringes another person’s copyright, trademark, or any other intellectual property rights, or privacy, personality, or any other right; ii) contains any material that promotes bigotry, racism, hatred, or harm against any group or individual on the basis of race, national or ethnic origin, colour, sex, age, gender identity or expression, sexual orientation, civil status, political beliefs, religion, language, social condition, handicap (including means to palliate a handicap), mental or physical disability; iii)contains or displays any commercial/corporate advertising other than that of Bitbuy, including, but not limited to, corporate logos, brand names, trademarks, slogans, political or religious statements; iv) contains indecent, violent, or unsafe behaviour or situations, profanities, or obscenities, including but not limited to nudity or pornography, or is otherwise inappropriate, indecent, profane, obscene, hateful, tortuous, defamatory, slanderous, or libelous; v) references or depicts public buildings, locations, or organizations without their written permission; vi) disparages any persons or organizations; vii) includes threats to any person, place, business, or group; viii) is unlawful, in violation of any federal, provincial, territorial, municipal, or local laws or regulations; or ix) refers, depicts or in any way reflects negatively upon the Bitbuy, its affiliates, its brand or anyone involved in the operation and administration of this Event.
8. Submission and Posting Terms:
By participating in this Event, participants agree to all of the following:
a. Bitbuy may determine, in its sole discretion, whether or not to accept any posting submitted to Bitbuy, posted on any of Bitbuy’s websites, social media pages or elsewhere or whether any content posted or published by a participant complies with the terms of this promotion and whether any such content submitted, posted or published by a participant will be used for any purpose, including for this Event or in any marketing or publicity;
b. To grant to Bitbuy all intellectual property, privacy, personality and other rights in the Event that is submitted, posted or published by a participant and each of its constituent parts, which rights include, but are not limited to, the right to edit, translate, publish, make available to the public and/or reproduce the posting through any media available at any time during, or after, the Event Period in any medium, in any promotional materials, whether related or unrelated to the Event, and at any other location, whether physical or online, that Bitbuy in its sole discretion deems appropriate and necessary for the operation of this Event. In addition, the participant hereby waives any moral rights in the posting in favour of Bitbuy and warrants and agrees that any moral rights in the posting have been waived and not to assert any claims based on them. Participant acknowledges and agrees that Bitbuy may freely use the content and the attribution of posting, as well as any ideas from any submitted, posted, or published content in association with any product, service, cause, institution or in any other manner as Bitbuy sees fit; and
c. To warrant that nothing in their posting infringes on any copyrights, trademarks, confidential information, trade secrets or any intellectual property rights belonging to any person or entity other than the participant unless a suitable licence, clearance or permission has been obtained by the participant, proof of which may be required by Bitbuy.
9. 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 Bitbuy to enforce the Terms & Conditions or any provision hereof shall not waive Bitbuy’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.”
10. GoverningLaw/Jurisdiction:
The Event is void where prohibited by law and is subject to all applicable Canadian federal, provincial, territorial, municipal and local laws. This Event shall be governed exclusively by the laws of the province of Ontario, including all issues and questions concerning the construction, validity, interpretation and enforceability of these Event rules, rights and obligations between entrants and Bitbuy, and procedural provisions, without giving effect to any choice of law or conflict of law rules. Any dispute shall be adjudicated by the courts sitting in Toronto, Ontario.
11. PrivacyPolicy:
This Event is governed by Coinsquare Capital Markets Ltd.’s Privacy Policy.
© Coinsquare Capital Markets Ltd. 2024. All Rights Reserved.
