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OFFICIAL RULES
The Rules You Want To Know (without the Legal Jargon)
The Golden Cd is a 5 song compilation available on CD and USB digital format which will provide clues to the location of a hidden CD, and the first hunter to find it will win the prize (currently $2,000).
To participate, simply listen to the songs, decipher the clues, and create your map to lead to the The Golden CD. The Golden CD will be in a small box, in a normal CD jewel case. The CD will have a printed code to verify the authenticity of the CD. The CD will be hidden on public property somewhere in the United States of America.
As a special incentive to beef up the prize, for every sale of the CD or USB Flash Drive Version of "The Golden CD" or donation to The Golden CD, I will add $1 to the prize pool. (Ex: If 1,000 copies are sold ... the prize pool becomes $3,000).
See Below for FULL Official Rules...
The Rules (Here is the Legal Jargon)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO RECEIVE CLUES OR WIN THE PRIZE. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
BY PARTICIPATING IN "THE Golden CD" (“TREASURE HUNT”), PARTICIPANTS ACCEPT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS IN THESE OFFICIAL RULES AND REGULATIONS (“OFFICIAL RULES”). WINNING IS CONTINGENT ON FULFILLING ALL REQUIREMENTS SET FORTH HEREIN. ANY VIOLATION OF THESE RULES MAY RESULT IN DISQUALIFICATION, WITHOUT NOTICE OR OTHER OBLIGATION TO THE VIOLATOR. ALL DECISIONS OF THE Golden CD TREASURE HUNT, INC. ARE FINAL AND BINDING IN ALL RESPECTS. VOID WHERE PROHIBITED BY LAW.
1. Organizer. The organizer of the Treasure Hunt is Born Talent. (“Organizer”).
2. How to Participate; Treasure Hunting Rules. To participate, simply listen to the songs, decipher the clues, and create your map to lead to The Golden CD. The Golden CD will be in a small box, in a normal CD jewel case. The CD will have a printed code to verify the authenticity of the CD. The CD will be hidden on public property somewhere in the United States of America. The CD will not be buried on private property and no structure needs to be disturbed to find it. Treasure hunters must be respectful of others’ privacy, property and person. THE CD WILL NOT BE HIDDEN ON PRIVATE PROPERTY AND SEARCHING ON PRIVATE PROPERTY IS EXPRESSLY PROHIBITED. Treasure hunters must obey any and all posted signs, ensure that any gates for public areas are closed securely upon exiting if the gate was closed upon the treasure hunter’s entry, and respect all property and environment. Areas being searched should be left undisturbed, in the same condition as before the search. Any treasure hunter found to have violated these rules, in Organizer’s sole discretion, will be ineligible to win the prize, even if the treasure hunter finds the CD. PLEASE do not go digging up private property, and parks... the clues will lead you to a spot in which you will KNOW that you are in the right place.
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The first hunter to find the CD must follow the instructions on the CD, and email the CODE, for validation of the CD and eligibility and to redeem the prize. The winning hunter must provide to Organizer his or her name, date of birth, email address (if any), physical address and phone number and comply with all other requirements in these Official Rules. The winning hunter may also be required to execute an Affidavit of Eligibility and Liability/Publicity Release. Acceptance of the prize constitutes agreement by the winner to the use of his/her name and photo for promotional purposes. The winning hunter, by acceptance of the prize, agrees to release Organizer and all sponsors of the Treasure Hunt as well as all members, affiliates, partners, suppliers, distributors, divisions, dealers, subcontractors and agencies of Organizer or sponsors of the Treasure Hunt from all liability, claims or actions whatsoever for injuries, damages or losses to persons or property which may be sustained in connection with the receipt, ownership or use of the prize or while preparing for, participating in and/or travelling to any prize-related activity.
3. Treasure Hunt Period. The Treasure Hunt begins at 12:00 a.m. Eastern Daylight Time (”EST”) on November 29, 2019 and ends when Organizer has verified and announcned that a winner has found The Golden CD and been awarded the prize or, in the event the CD is not found by December 31, 2021 at 11:59p.m. EST, the contest will terminate and no prize will be awarded. The organizer may at this point choose to leave the contest open and give clues in exchange for a lesser prize amount.
4. Eligibility. The Treasure Hunt is open eveyone worldwide. Employees, officers, directors, agents, independent contractors, parent companies, subsidiaries, affiliates, advertising and promotion agencies and immediate family members (spouse, parents, siblings and children) and household members of such individuals for any entity identified as a sponsor of the Treasure Hunt or a member of, or former member within the past two years, of The Golden CD are not eligible to participate. The Treasure Hunt is subject to all applicable federal, state and local laws and regulations. Organizer reserves the right to disqualify any participant that Organizer determines, in its sole discretion, is ineligible to participate.
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5. Prize and Winner. There will be only one (1) prize winner. Only one (1) prize (described below) will be awarded to the participant who locates the CD and is deemed by Organizer, in its sole discretion, eligible to win. LOCATING THE CD AND PRESENTING THE CODE TO ORGANIZER WILL NOT AUTOMATICALLY MAKE THE TREASURE FINDER THE ACTUAL PRIZE WINNER. Receiving the prize is contingent upon meeting all eligibility requirements and compliance with these Official Rules. The prize consists of $2,000.00.
ALL APPLICABLE FEDERAL, STATE AND LOCAL TAXES AND OTHER GOVERNMENT CHARGES ASSOCIATED WITH ACCEPTANCE AND USE OF THE PRIZE ARE THE SOLE RESPONISBILITY OF THE WINNER. The Internal Revenue Service requires a Form 1099 MISC to be filed by any prize winner if the value of any price received by the winner is $600 or more. The prize winner is solely responsible for completing and filing form 1099 MSC with the Internal Revenue Service. By participating, the winner waives the right to claim as a cost of winning the prize, the cost of taxes arising out of the prize or any other cost associated with obtaining or using the prize. The prize may not be exchanged, substituted, transferred or assigned by the winner.
6. Odds of Winning. The odds of winning the prize depend upon the number of eligible individuals who participate in the Treasure Hunt.
7. Publicity Release. The winner may be announced on Organizer’s, or any sponsors of the Treasure Hunt, websites, social media sites and/or in other marketing materials. Each participant acknowledges and agrees that if he or she is the winner, his or her personally identifying information may be disclosed to third parties, including on a winner’s list. Unless prohibited by law, acceptance of the prize shall constitute and signify the winner’s agreement and consent that Organizer, and any sponsors of the Treasure Hunt, may use the winner’s name, city and state of residence, biographical data, voice, statements, image, likeness and/or prize won (collectively winner’s “Name and Likeness”) for marketing and promotional purposes and for any other business purpose, in any media, now known or hereafter developed, throughout the world, including on the internet, without providing additional notice, consent, review opportunity or consideration to the winner.
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Each participant agrees that, if he or she is the winner, Organizer, and any sponsors of the Treasure Hunt, have the unrestricted, absolute, perpetual and worldwide right to reproduce, copy, exhibit, display, perform, transmit, broadcast, distribute, modify, create derivatives of, and otherwise use the winner’s Name and Likeness. Each participant agrees that, if he or she is the winner, Organizer may alter the winner’s Name and Likeness and may combine the winner’s Name and Likeness with other materials and information (including without limitation text, data, images, photographs, illustrations, animation and graphics, or video or audio segments of any nature, in any media or embodiment, now known or hereafter developed). Each participant accepts and acknowledges that Organizer shall not be obligated to use the winner’s Name and Likeness, and Organizer shall not incur any liability whatsoever to the extent Organizer chooses to refrain from any exploitation of its rights hereunder.
8. Release. By participating, each participant assumes all liability for and all risk of any injury or damage caused or claimed to be caused by participation in the Treasure Hunt. Organizer expressly disclaims any and all responsibility and/or liability for death, injury or loss to any person or property relating to participants’ participation the Treasure Hunt and/or delivery, possession, use or misuse of the prize. By participating, each participant (i) agrees to release Organizer and all sponsors of the Treasure Hunt and each such entity’s respective parent companies, subsidiaries, affiliates and advertising and promotion agencies, and each such company’s officers, directors, employees, agents and independent contractors (collectively “Releasees”) from any and all liability for any and all causes of action (however named or described), losses, damages, injuries, death, damage to or loss of personal property, costs and expenses (including reasonable attorneys’ fees) of any kind arising out of or relating to participant’s participation in this Treasure hunt; the winner’s acceptance, possession, use or misuse of the prize; and/or Releasees use of your Name and Likeness under Section 7 above (including without limitation liability from claims for libel, defamation, invasion of privacy or right of publicity, or violation of any other right); and
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(ii) agrees to hold harmless and indemnify the Releasees from and against all losses, liability, damages, injuries, death, damage to or loss of personal property, causes of action (however named or described), and/or costs and expenses (including reasonable attorneys’ fees) of any kind, arising out of or relating to participant’s participation in the Treasure Hunt; the winner’s acceptance, possession, use or misuse of the prize; and/or Releasees use of your Name and Likeness under Section 7 above (including without limitation liability from claims for libel, defamation, invasion of privacy or right of publicity, or violation of any other right). The prize must be accepted as awarded, and the prize will be awarded “as is” and “as available” with no guarantee, warranty, or representation, express or implied, in fact or law.
9. Limitation of Liability. Releasees are not responsible for: (i) Any incorrect or inaccurate information, whether caused by participants, printing or typographical errors, or by any of the equipment or programming associated with or utilized in the Treasure Hunt or by any other source or reason; (ii) technical failures of any kind, including without limitation malfunctions, interruptions or disconnections in phone lines, network availability, server or other connections, hardware or software, or other equipment; or other disruptions related to internet traffic, viruses or otherwise; (iii) forces beyond the reasonable control of Organizer that may cause the Treasure Hunt to be disrupted or corrupted; (iv) unauthorized human intervention in any part of the operation of the Treasure hunt; (v) technical or human error that may occur in the administration of the Treasure Hunt; or (vi) any death, injury or damage to persons or property which may result, directly or indirectly, in whole or in part, from a participant’s participation in the Treasure Hunt.
10. Disputes; Additional Limitations of Liability. Except where prohibited, participant agrees that: (i) these Official Rules, and the rights and obligations of the participants and Organizer in connection with the Treasure Hunt, shall be governed and construed in accordance with the law. (ii) any and all disputes, claims and causes of action arising out of or connected with the Treasure Hunt or the prize awarded shall be resolved individually, without resort to any class action.
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(iii) any and all claims, judgments and awards shall be limited by to the lessor of (a) actual out-of-pocket costs incurred by the applicable participant relating to the Treasure Hunt, including costs associated with participating in the Treasure Hunt and claiming the prize (if any), or (b) $10.00; but in no event will any participant be awarded attorneys’ fees; (iv) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, indirect, punitive, special, exemplary, incidental and consequential damages; an (v) under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to have, damages multiplied or otherwise increased.
11. General. Organizer reserves the right to cancel, suspend and/or modify the Treasure Hunt if fraud or technical failures or any other factor beyond their reasonable control compromise the integrity of the Treasure Hunt, as determined by the aforementioned in their sole discretion. Organizer reserves the right, in its sole discretion, to disqualify any individual who Organizer finds to be tampering with the operation of the Treasure Hunt or to be acting in violation of the Official Rules of the Treasure Hunt or in an unsportsmanlike or disruptive manner. Organizer’s failure to enforce any term of these Official Rules shall not constitute a waiver of such term on another occasion or any other term. Unless required by law, Organizer is not required to review or respond to any correspondence received from a participant.
Any questions... email: thegoldencd@hotmail.com.
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