Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the TraceQuest website, submitting any form, registering for the waitlist, applying to participate, or engaging with any TraceQuest event or service, you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations of the Federal Republic of Nigeria.

If you do not agree to these Terms, you must immediately cease using the TraceQuest website and services.

2. Definitions

• "TraceQuest," "we," "us," "our" refers to TraceQuest, its parent entity, officers, directors, employees, agents, and affiliates.
• "Platform" refers to the TraceQuest website, mobile application (if any), and all related services.
• "Hunt" refers to any live, city-scale treasure hunt, reality game show, or challenge event operated or facilitated by TraceQuest.
• "Seeker" refers to an individual who participates in a Hunt as a contestant.
• "Spectator" refers to any individual who watches a Hunt via live stream or any other broadcast medium.
• "Patron" refers to any individual or entity that commissions, designs, or sponsors a Hunt through the TraceQuest platform.
• "Sponsor" refers to any brand, company, or entity that provides financial or in-kind support for a Hunt or episode.

3. Eligibility

To use the TraceQuest platform or participate in any Hunt, you must:

• Be at least 18 years of age
• Possess a valid government-issued identification document
• Be a Nigerian resident or be legally present in the jurisdiction where the Hunt takes place
• Have the legal capacity to enter into binding agreements
• Not have been previously disqualified or banned from TraceQuest events

By registering or applying, you represent and warrant that you meet all eligibility requirements.

4. Nature of the Platform

TraceQuest operates as a technology platform that facilitates the design, execution, and broadcast of live physical challenge events. The platform provides technology infrastructure including GPS tracking, checkpoint verification, live streaming, and escrow prize management.

5. Participation Terms, Seekers

5.1 Voluntary Participation & Assumption of Risk

You acknowledge and accept that participation in a Hunt involves physical activity in urban environments which carries inherent risks, including but not limited to:

• Physical injury, including but not limited to sprains, fractures, cuts, bruises, muscle strain, heat exhaustion, dehydration, and cardiac events
• Illness or medical emergencies
• Property damage to personal belongings, clothing, or electronic devices
• Traffic accidents, including interactions with motor vehicles, motorcycles, and other road users
• Criminal acts by third parties, including robbery, assault, or harassment
• Exposure to weather conditions including extreme heat, rain, and storms
• Injuries resulting from uneven terrain, obstacles, or unfamiliar environments
• Emotional or psychological distress
• In extreme cases, permanent disability or death

You acknowledge that you have carefully considered these risks and voluntarily choose to participate despite them.

5.2 Participant Classification

Seekers are independent participants in a reality game show with zero entry fee and the opportunity to win prizes. Seekers are NOT employees, workers, contractors, agents, or representatives of TraceQuest, its sponsors, or any affiliated entity. No employment relationship, contractor relationship, or agency relationship is created by participation in a Hunt.

Seekers are not entitled to wages, salaries, benefits, workers' compensation, insurance coverage, or any other employment-related entitlements from TraceQuest. The sole potential financial benefit for Seekers is the prize money awarded to winners.

5.3 Participant Obligations

As a Seeker, you agree to:

• Obey all applicable laws, including traffic laws, trespass laws, and public order laws
• Follow all Hunt rules, safety guidelines, and instructions from TraceQuest staff
• Not engage in GPS spoofing, location falsification, or any form of cheating
• Not engage in violence, intimidation, harassment, or unsportsmanlike conduct
• Not participate while under the influence of alcohol, drugs, or any substance that impairs judgment
• Maintain a charged smartphone capable of live streaming throughout the Hunt
• Not access restricted areas, private property, or unsafe locations
• Immediately cease participation if you feel unwell or unsafe

5.4 Medical Fitness

By applying and participating, you represent and warrant that you are in sufficient physical and mental health to participate in extended physical activity in an urban environment. You confirm that you have no medical conditions that would make participation dangerous to yourself or others. You are solely responsible for obtaining any medical clearance you deem necessary.

5.5 Disqualification

TraceQuest reserves the sole and absolute right to disqualify any Seeker at any time, for any reason, including but not limited to: rule violations, cheating, safety concerns, failure to complete KYC verification, or conduct detrimental to the event. Disqualification decisions are final and not subject to appeal.

6. Liability Waiver & Release

This release includes, without limitation, claims for:

• Personal injury or death
• Property damage or loss
• Financial loss
• Emotional or psychological distress
• Negligence on the part of any Released Party (to the extent permitted by law)
• Actions or omissions of other participants, spectators, or third parties
• Weather conditions, traffic, infrastructure failures, or force majeure events

You acknowledge that this waiver applies regardless of whether claims arise from the negligence, omission, or fault of any Released Party, except in cases of gross negligence or willful misconduct by TraceQuest, which cannot be waived under Nigerian law.

6.1 Limitation of Liability

To the maximum extent permitted by Nigerian law:

• TraceQuest's total aggregate liability for any claim arising from or related to the Platform or any Hunt shall not exceed the prize amount of the specific Hunt in question.
• TraceQuest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
• TraceQuest shall not be liable for any acts, omissions, or conduct of third parties, including other participants, spectators, sponsors, venue operators, or members of the public.

7. Indemnification

You agree to indemnify, defend, and hold harmless TraceQuest and all Released Parties from and against any and all claims, damages, losses, costs, liabilities, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform or participation in any Hunt
• Your violation of these Terms or any applicable law
• Your negligence or misconduct
• Any content you submit, post, or provide to TraceQuest
• Any injury or damage you cause to third parties during a Hunt

8. Prize Terms

• All prize pools are held in escrow by a licensed payment and escrow service provider before the Hunt begins. The Platform does not hold or control prize funds directly.
• Prizes are awarded to winners upon successful completion of all required checkpoints and verification procedures.
• Prize disbursement is subject to successful completion of KYC verification and compliance with applicable regulations.
• All taxes, duties, and levies applicable to prize winnings are the sole responsibility of the winner. TraceQuest may withhold applicable taxes as required by law.
• TraceQuest reserves the right to modify prize structures, amounts, or distribution methods with reasonable notice.
• In the event that a Hunt is cancelled, suspended, or terminated due to force majeure or safety concerns, prizes may be adjusted, deferred, or redistributed at TraceQuest's discretion.
• Prizes are non-transferable and may not be exchanged for alternative prizes or goods unless expressly agreed by TraceQuest.

9. Media Release & Likeness Rights

This grant of rights includes, without limitation, use in:

• Live broadcasts across all platforms and media
• Recorded footage, highlight reels, and compilation videos
• Promotional and marketing materials for TraceQuest
• Sponsor and partner advertising and marketing materials
• Social media content across all platforms
• Press and media coverage
• Future episodes, retrospectives, and archival content
• Merchandise and commercial products
• Any other media or format now known or hereafter developed

You waive any right to inspect, approve, or be compensated for any finished content that includes your name, image, likeness, or voice. You further waive any claims for defamation, invasion of privacy, right of publicity, or any similar claims arising from the use of your likeness in accordance with this section, to the maximum extent permitted by law.

TraceQuest and its sponsors may use participant content for marketing and advertising without additional compensation beyond any prize money won.

10. Intellectual Property

10.1 TraceQuest IP

All content, technology, trademarks, logos, designs, names, software, and intellectual property associated with the TraceQuest platform are owned by or licensed to TraceQuest and are protected by Nigerian and international intellectual property laws. You may not copy, modify, distribute, sell, or exploit any TraceQuest intellectual property without prior written consent.

10.2 User-Generated Content

You retain ownership of content you create (e.g., application videos posted to your own social media). However, by submitting such content to TraceQuest (e.g., by providing a link in your application), you grant TraceQuest the license described in Section 9 above.

11. Sponsorship & Patron Terms

Published sponsorship tier descriptions, benefits, and pricing are indicative and may be modified at TraceQuest's discretion. No sponsorship or patron rights are conferred until a formal agreement is signed and any applicable fees are paid.

All financial projections, ROI estimates, audience figures, and reach metrics provided in sponsor materials are forward-looking projections based on stated assumptions. They do not constitute guarantees of performance. Actual results may vary significantly.

12. Prohibited Conduct

You agree not to:

• Use GPS spoofing, location falsification, VPNs, or any technology to manipulate location data
• Cheat, collude with other participants, or engage in fraudulent activity
• Impersonate another person or misrepresent your identity
• Harass, threaten, intimidate, or harm other participants, spectators, staff, or members of the public
• Participate while intoxicated or under the influence of any impairing substance
• Use the Platform for any unlawful purpose
• Attempt to reverse-engineer, hack, or compromise the Platform's security
• Submit false, misleading, or fraudulent information in any form or application
• Violate any traffic law, trespass law, or public order regulation during a Hunt
• Use the Platform to collect personal data of other users without consent

Violation of any prohibited conduct may result in immediate disqualification, account termination, forfeiture of prizes, and/or legal action.

13. Disclaimer of Warranties

The TraceQuest Platform, website, and all related services are provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of uninterrupted, error-free, or secure operation
• Warranties regarding the accuracy, reliability, or completeness of any content
• Warranties that the Platform will meet your expectations

TraceQuest does not warrant that live streaming will be uninterrupted, that GPS tracking will be perfectly accurate, or that any specific number of spectators will view a Hunt.

14. Force Majeure

TraceQuest shall not be liable for any failure or delay in performance of its obligations under these Terms caused by events beyond its reasonable control, including but not limited to:

• Natural disasters, severe weather, or climate events
• Government actions, regulations, or restrictions
• Civil unrest, protests, riots, or security threats
• Pandemics, epidemics, or public health emergencies
• Internet, telecommunications, or infrastructure failures
• Power outages or utility failures
• Acts of terrorism or war
• Labour disputes or strikes

In the event of a force majeure, TraceQuest will make reasonable efforts to notify affected parties and, where possible, reschedule or modify the affected Hunt.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact TraceQuest at hello@tracequest.africa and attempt to resolve the dispute informally within 30 days.

15.2 Mediation

If informal resolution fails, you agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in Abuja, Federal Capital Territory, Nigeria, before pursuing arbitration or litigation.

15.3 Arbitration

If mediation fails, any dispute arising from or relating to these Terms or your use of the Platform shall be finally resolved by binding arbitration in Abuja, FCT, Nigeria, in accordance with the Arbitration and Mediation Act 2023 of Nigeria. The decision of the arbitrator shall be final and binding on both parties.

15.4 Class Action Waiver

You agree that any disputes will be resolved on an individual basis only. You waive any right to participate in a class action, collective action, or representative proceeding against TraceQuest.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. You submit to the non-exclusive jurisdiction of the courts of the Federal Capital Territory, Abuja, Nigeria, for any proceedings that are not subject to the arbitration provisions above.

17. Modifications to Terms

TraceQuest reserves the right to modify, update, or replace these Terms at any time. Material changes will be notified by posting a prominent notice on the website and updating the "Last Updated" date. Your continued use of the Platform after changes are posted constitutes acceptance of the modified Terms.

For active participants in an upcoming Hunt, material changes to participation terms will be communicated directly and may require renewed consent.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

19. Entire Agreement

These Terms, together with the Privacy Policy and any separate agreements entered into for specific events (such as Seeker Participation Agreements or Sponsor Contracts), constitute the entire agreement between you and TraceQuest regarding your use of the Platform and participation in Hunts. These Terms supersede all prior agreements, understandings, and communications, whether written or oral.

20. Contact

For questions or concerns about these Terms of Service, please contact: