Quest Claim
Terms of Service
1. Who we are
Quest Claim is run by Quest Claim LLC, 712 Park Street, Clinton, MO 64735 ("Quest Claim", "we", "us"). These Terms are a contract between you and Quest Claim and apply when you use the Services. "Services" (also "the app") means the Quest Claim mobile app, its website and web pages, every hunt and the progressive jackpot, sponsor tools, and any related service that links to these Terms. "Content" means the software, databases, clues, designs, text, graphics, audio and other material in the Services; "Marks" means Quest Claim's names, logos and trademarks. Contact: questclaimapp@gmail.com. Effective date: [to be confirmed].
PLEASE READ SECTION 13: IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION, NOT IN COURT OR IN A CLASS ACTION, UNLESS YOU OPT OUT WITHIN 30 DAYS.
2. Who can use Quest Claim
You must be 18 or older. Anyone 18+ may play, but only legal residents of the 50 United States and the District of Columbia who meet the Official Rules can win prizes. One account per person. Quest Claim is free: no purchase is needed to play or win, and nothing can be bought to improve your chances.
3. Your account
Give accurate information, confirm your email address and keep your password safe. You are responsible for activity on your account. We may pause or close accounts that cheat, use more than one account, use automated tools or tampered devices, or break these Terms or the Official Rules.
4. Hunts and prizes
Quest Claim is a free skill-based clue-solving game. Participation and prize eligibility are limited to adults 18 or older in the United States, subject to the Official Rules and the eligibility restrictions stated there. The Official Rules govern winning claims, Prize Wallet credits, clue handling, progressive-jackpot rollover and cashouts. An approved Validated Win credits the full stated prize immediately to your personal Prize Wallet. You choose when to request cashout through Tremendous, subject to legally required verification and withholding; there is no fixed cashout-request deadline. Sponsor advertising durations are not player cashout deadlines. Expiry of advertising does not cancel an earned prize. Each sponsored hunt is sponsored by the business named on it, which funds its prize; Quest Claim administers every hunt and sponsors the progressive jackpot. Google and Apple are not sponsors and are not involved.
5. Sponsors
Sponsor hunts and messages are reviewed before they go live. Sponsors are responsible for their own businesses and messages. Sponsors also agree to a separate Sponsor Agreement, which governs their hunts, payments, cancellations and refunds.
Order of precedence. The Official Rules control hunts and prizes, and the Sponsor Agreement controls sponsors (including fees, cancellations and refunds). If either conflicts with these Terms, it controls over these Terms.
6. Your safety and the law
Play is remote: you dig on the map, and you never need to go anywhere to play or win. Clues name real places. If you choose to visit a place a clue mentions, you do so at your own risk. Obey all laws, do not enter private property without permission, restricted or closed areas, or anywhere unsafe, and never use the app while driving or operating a vehicle.
7. Acceptable use
Do not: cheat or use bots, scripts, emulators or tampered devices; create or use more than one account; reverse engineer, scrape or overload the app; try to find hidden spots by any means other than playing; harass others or post unlawful or offensive content; or use the app in breach of any law. You can report hunts, clues or messages that look wrong or unsafe. We may remove content and pause hunts while we review a report.
Prohibited activities. You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used for any commercial purpose except by Sponsors, for their own sponsored hunts and messages under the Sponsor Agreement, or as we approve in writing.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, spam or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software or code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us, or use the Services or the Content for any revenue-generating or commercial purpose, except as a Sponsor under the Sponsor Agreement.
8. AI-generated clues and map data
Clues are drafted by AI software and checked against third-party map data. They may contain mistakes, and places may have changed. A clue is a game puzzle, not directions, safety advice or a statement that a place is open or safe to visit.
9. Intellectual property, your content and feedback
Our intellectual property. We own or license all intellectual property rights in the Services, the Content and the Marks. They are protected by copyright, trademark and other laws. Subject to these Terms, we give you a personal, non-exclusive, non-transferable, revocable license to access and use the Services and Content to play, or, for Sponsors, to run their sponsored hunts under the Sponsor Agreement. No part of the Services, Content or Marks may be copied, reproduced, republished, distributed, sold or otherwise exploited for any commercial purpose without our written permission. To ask for permission, email questclaimapp@gmail.com. We reserve all rights not expressly granted to you.
Your content: you keep ownership, we get a license. "Your Content" means what you submit to run your account or take part: reports, a public winner name you opt in to show, account details, and, for Sponsors, business names, logos and messages. You keep ownership of Your Content. You give Quest Claim a non-exclusive, worldwide, royalty-free license to host, store, copy, display and use Your Content to operate, show and improve the Services, for as long as we need it for those purposes (and as long as the law or the Official Rules require us to keep records). A public winner name is shown only while you have opted in. Sponsors' license terms are in the Sponsor Agreement.
Feedback: you assign it to us. "Feedback" means unsolicited suggestions, ideas or comments about how to improve the Services. If you send us Feedback, you assign to us all intellectual property rights in it, and we may use it for any lawful purpose without acknowledgment or compensation to you. Feedback does not include Your Content, reports or prize claims.
Your responsibility. You promise that Your Content and Feedback are yours or that you have the right to submit them, are not confidential, and are not illegal, harassing, hateful, defamatory, obscene, threatening, sexually explicit, false or misleading. To the extent the law allows, you waive moral rights in Feedback. Your responsibility for losses caused by a breach of this section is set out in Section 12 (Indemnity).
Breach. A serious breach of this section is a material breach of these Terms, and we may suspend or end your access under Section 15. Ending access does not take away a prize already won and approved under the Official Rules, except as the Official Rules allow.
Mobile application license. If you access the Services via the app, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the app on wireless electronic devices owned or controlled by you, and to access and use the app on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the app; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the app; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the app; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the app; (5) use the app for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended, except as a Sponsor under the Sponsor Agreement; (6) make the app available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the app for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the app; (8) use the app to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the app.
Apple and Android devices. The following terms apply when you use the app obtained from either the Apple App Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our app is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the app as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the app; (3) in the event of any failure of the app to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the app (the app is free), and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the app; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the app, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the app; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
10. Privacy
How we collect and use your information is described in the Privacy Policy.
11. Disclaimers and limitation of liability
THE APP AND ALL HUNTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, QUEST CLAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND DOES NOT PROMISE THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR ACCURATE.
TO THE FULLEST EXTENT THE LAW ALLOWS, QUEST CLAIM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, AND OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THESE TERMS OR THE APP IS LIMITED TO THE GREATER OF $100 OR THE VALUE OF ANY PRIZE YOU WON AND ARE OWED. Some laws do not allow these limits, so they may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.
12. Indemnity
You agree to defend and hold harmless Quest Claim and its owners, officers, employees and agents from claims, losses and costs (including reasonable attorneys' fees) arising from your breach of these Terms or the Official Rules, your misuse of the app, or your visit to any place, except to the extent caused by Quest Claim.
13. Disputes: informal resolution, then individual arbitration
Informal first. Before filing any claim, you and we agree to try to resolve it informally. Send a written notice describing the dispute and the relief you want to questclaimapp@gmail.com (or, for us, to your account email). If it is not resolved within 60 days, either side may start arbitration or small-claims court.
Arbitration. Except as below, any dispute between you and Quest Claim related to these Terms, the Official Rules, the app or any prize will be resolved by final, binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitrator decides all questions about the scope and enforceability of this section. Arbitration fees are paid as the AAA Consumer Rules provide. The arbitration may be held by video or phone, or in the county where you live. The Federal Arbitration Act governs this section.
Small claims. Either side may instead bring an individual claim in small-claims court if it qualifies.
Class-action waiver. You and we may bring claims only individually, not as a plaintiff or class member in any class, collective or representative action, and the arbitrator may not combine claims of more than one person. If this waiver is found unenforceable for a claim, that claim must be heard in court, not arbitration.
30-day opt-out. You may opt out of arbitration by emailing questclaimapp@gmail.com within 30 days after you first accept these Terms, with your name, account email and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.
14. Governing law and venue
These Terms are governed by the laws of the State of Missouri and applicable federal law, without regard to conflict-of-law rules. Any claim not subject to arbitration will be brought only in the state or federal courts located in Henry County, Missouri, and you and we consent to those courts.
15. Termination
You can stop using Quest Claim and delete your account at any time in Settings. We may suspend or end your access if you break these Terms or the Official Rules, or if we stop offering the app. Ending access does not cancel a prize already won and approved, except as the Official Rules and Section 17 allow (for example, a claim refused for breaking the Rules), and does not change the Sponsor Agreement for a hunt that is already live. If we stop offering the app or the jackpot, the Official Rules (including the notice period for the jackpot) apply. Sections that by their nature should survive (including 11 to 16) survive termination. What happens to an unpaid prize when an account is deleted is set out in the Official Rules.
16. General
Entire agreement. These Terms, together with the Official Rules, the Privacy Policy and, for Sponsors, the Sponsor Agreement, are the entire agreement between you and Quest Claim about the Services, and the order of precedence in Section 5 applies. If any part is found unenforceable, the rest stays in effect. Our not enforcing a term is not a waiver. You may not transfer these Terms; we may transfer them with our business. We are not liable for delays caused by events outside our reasonable control.
These Terms operate to the fullest extent permissible by law. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
17. Deleting your account
You can delete your account any time in Settings. Some records (claims, prize and tax records) are kept, no longer linked to your account. Deleting your account forfeits any prize not yet paid, after the app lists those prizes and asks you to confirm.
18. Changes to these Terms
We may change these Terms. If we do, we will show the new version in the app and ask you to read and accept it before you keep playing; material changes take effect when you accept them. Changes do not apply to a dispute already notified under Section 13. If you do not accept, stop using the app and you may delete your account.
19. Contact
Questions about these Terms: questclaimapp@gmail.com, Quest Claim LLC, 712 Park Street, Clinton, MO 64735.
20. Electronic communications, transactions and signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. This includes prize notices and reminders under the Official Rules, which we send in the app and to your account email. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
21. California users and residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.