Terms of service

Acceptance of Terms of Service

Hi there and welcome to Questful! Questful (by Questful SIA) is a location based mobile device application (the “App”) that allows users to solve Quests, participate in Tournaments and compete for Prizes. Please read this Terms of Service Agreement carefully as it governs the use of our services. By accessing or using the Services described below, you agree to all the terms incorporated in this Agreement.

Privacy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

Eligibility and Account Registration

You represent and warrant that you are an individual person at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

To register an Account you need to download the App and follow the provided step-by-step process. We require your phone number upon registering. We will verify your phone number by sending a text message with a verification code to the phone number you specify when registering an Account. To complete the registration you will need to enter the verification code in the Questful app.

After Account registration we will request access to your device's geo-location and camera. Questful is a location based app that also requires the use of your device's camera. Therefore, we need access to your location data and camera in order to provide the Services to you. If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing through your device settings you will be unable to use the Services.

You must provide accurate and complete information and keep your Account updated. If you provide any information that is inaccurate, not current or incomplete we may deny you access to Contests and Quests, areas requiring registration, disqualify you from Contests, revoke Prizes, and/or terminate your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them. If any unauthorized access of your Account takes place you agree to notify us immediately.

Quests and Tournaments (Contests)

The Questful app features (but is not limited to) two main functional segments: Quests and Tournaments. Quests are geo-location based riddles and puzzles that are normally accessible in the app on any day and time. Quests are not related to Prize of any sort unless specified otherwise by Questful. Tournaments are organized as Contests where users compete for Prizes (virtual and non monetary or physical, as defined per Tournament). User's eligibility to claim claim a Prize is dependent on the contact information available to Questful as provided by the user. In case said information is provided incorrectly the winner may forfeit his / her Prize.

Physical accessibility of both Quests and Tournaments can be limited by location's open hours, weather conditions and other factors, and Questful does not guarantee such accessibility. Costs incurred by users to travel to locations displayed in the app, weather accessible or not, and any other related costs will under no circumstances be compensated by Questful.

Refer to our Rules of Contest for full information on how we conduct Tournaments.

Contest Rules

Our Tournaments are defined as Contests as winners are selected based on merit. The Questful App (the Contest) is sponsored by Questful SIA (the Sponsor). The Contest is void or prohibited where restricted by law. No purchase or payment in necessary to enter or win a Contest.

Sponsor will announce Contests through the App from time to time. The announcement will indicate the type of Contest that Sponsor is offering, as well as the location, entry period, Prizes and other details.

The content, guidelines as well as quest, riddle, puzzle types may change from Contest to Contest. There is no one clear and strict format. Full details and information of all included locations, quests, riddles and puzzles will only be disclosed during the particular Contest.

Each Questful user may establish, maintain, use and control only one account. In the event Sponsor determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that Sponsor may have, Sponsor reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any Prizes.

The information associated with the entrant’s account must identify the actual entrant into the Contest. Winners of Contests will be announced within the App and via a phone call / text message. It may take up to 48 hours for the official results to be announced after a Contest ends. Questful will make at least 2 attempts to contact the winners via the provided phone number and may reach out using the user's e-mail address (if provided). If Questful's attempts to reach the winner fail and the winner doesn't contact Questful via a phone call or e-mail within 14 days after the results are announced - the winner forfeits his / her Prize. If an entrant is found to be ineligible, Sponsor may, at its option and sole discretion, choose not to award the Prize at all.

In case the Prize is physical the Sponsor will offer the winner to either collect the Prize at an address specified at that time, or ship it to an address specified by the winner at the winner's expense.

Unless prohibited by applicable law, your acceptance of a Prize constitutes your permission to use your name, submissions, photograph, likeness, voice, address (city and state) and testimonials, as well as audio visual recordings of you (audio, photographs, videos) in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any compensation to such entrant or any review or approval rights, notifications, or permissions; and constitutes your consent to disclose your personally identifiable information to third parties (including, without limitation, placing the winner’s name on a winner’s list).

Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for: (1) submitted entries and responses which are late, incomplete, illegible; (2) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections which may limit an entrant's ability to participate in the Contest; (3) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, including any injury or damage to entrant's or any other person's computer or mobile device related to or resulting from downloading the App or otherwise in connection with this Contest.

An entrant or winner may be disqualified from the Contest if he or she fails to comply or has previously failed to comply with any provision of these Contest rules or the Sponsor’s general Terms of Service, as determined in the sole discretion of the Sponsor. Sponsor may disqualify you from a Contest, refuse to award Prizes and require the return of any Prizes, or suspend, limit, or terminate your account if you engage in conduct Sponsor deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of Contests or in any way detrimental to other users.

Restrictions, Suspension and Termination

The list below is non comprehensive, we hold the right to suspend and / or terminate any Account for any reason without notice and without any liability. Some of the restrictions include:

  1. Use of any robot or any other automated means to access or temper with our App and or Services.
  2. Use our Services for any purpose other than your personal use.
  3. Exploit bugs and / or errors in the App.
  4. Log an Account into multiple devices simultaneously.
  5. Provide your account details to other individuals to cheat in Contests.
  6. Create multiple accounts to cheat in Contests.
  7. Interfere with or attempt to interfere with the functionality of the App.
  8. Impersonate any person or entity.
  9. Violate any applicable local, state, national or international law.
  10. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
  11. Upload, post or otherwise distribute any photos, text or other content that can be considered as bullying, harrassign, abusive or otherwise harmful for any users of the App.

Inherent Risks

Since the Services provided by Questful are inherently location-based users should exhibit caution as some areas can be dangerous, difficult to access, closed to public during certain hours etc. When taking part in the Services provided by Questful you risk property damage, bodily injury or death. Many factors need to be taken into account prior to participation such as one's physical abilities and fitness level, weather conditions, local rules (especially on private property) and applicable law. You assume all risks associated with taking part in the Services provided by Questful and release Questful SIA, as well as any other parties involved in Quests, Competitions etc. organized by Questful from any liabilities to the fullest extent possible as governed by applicable law.

Arbitration

By accessing or using the Services you agree that any dispute or litigation arising from or relating to this Contest shall be determined by binding arbitration only in California, USA by and under the Commercial Arbitration Rules for arbitration of consumer-related disputes.

Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.