Terms of Service

Last updated: August 19th, 2024

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Sly Fox Brewing Company (“we,” “us” or “our”), concerning your access to and use of the GeoQuest game as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

2. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us.

3. User Representations

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service.

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

6. User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site.

7. Contribution License

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions.

8. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

9. Governing Law

These Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of Pennsylvania applicable to agreements made and to be entirely performed within the State/Commonwealth of Pennsylvania, without regard to its conflict of law principles.

10. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to this agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration administered by Mediation and Civil Arbitration, Inc. d/b/a RapidRuling (www.rapidruling.com) in accordance with its Commercial Arbitration Rules effective at the time a claim is made. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Arbitrators shall be appointed by RapidRuling. The place of arbitration shall be New York, New York, and any hearing shall be held via video or telephone conference. The parties agree that no objection shall be taken to the decision, order, or award of the tribunal following any such hearing on the basis that the hearing was held by video or telephone conference. The parties consent to electronic service of process. All such service of process may come from the opposing party’s email listed here, efile@rapidruling.com, or efile@mcarbitration.org. The parties shall list all said email addresses as “safe senders” (or other whitelist) and are responsible to check their “SPAM” and “junk” type incoming messages on a daily basis.

11. Raffle Participation

The Coastal Quest raffle system is intended for lawful participation by eligible individuals. You must be 21 years or older to enter. Employees, officers, directors, and representatives of Sly Fox Brewing Company, as well as their immediate family members (spouses, parents, children, and siblings), are not eligible to participate in or win prizes in any raffles conducted on the Site. The raffle is void where prohibited by law.

Winners will be notified via the contact information provided during entry and must claim their prize within [specified time, e.g., 30 days]. If a prize is not claimed within this timeframe, it will be forfeited. By entering, you grant us permission to use your name, likeness, and entry for promotional purposes without additional compensation, except where prohibited by law. Winners are responsible for any taxes associated with the prize.

This raffle is subject to all applicable federal, state, and local laws and regulations. The raffle is governed by the laws of the State of Pennsylvania and the United States.

12. Accessibility Statement

We are dedicated to ensuring that our platform is accessible to all individuals, including those with disabilities. Our GeoQuest website utilizes industry-standard accessibility features. However, accessibility is an ongoing effort, and we are continuously working to improve our site’s usability. If you encounter any difficulties accessing the features of our site, please contact us at accessibility@slyfoxbeer.com for assistance.

13. Data Privacy

We respect your privacy and are committed to protecting your personal information. We implement industry-standard privacy practices, including the use of encryption to protect your account information (phone number, email, password, and name) and the use of Transport Layer Security (TLS) to safeguard data transmitted to and from our Site.

In the event of a data breach, we will notify affected users in a timely manner as required by applicable law. Our notification will include information about the breach, the data potentially compromised, and steps users can take to protect themselves.

While we strive to protect your personal information, you acknowledge and agree that no data transmission over the internet or data storage system can be guaranteed to be 100% secure. Accordingly, we cannot and do not warrant or guarantee the absolute security of any information you transmit to or store on our Site. Sly Fox Brewing Company shall not be held liable for any damages resulting from unauthorized access to or use of your personal information.

We will comply with CCPA requests. If you are a California resident and wish to exercise your rights under the CCPA, please contact us at marketing@slyfoxbeer.com.

14. Prize Notification and Tax Implications

15. Compliance with State and Federal Laws

This raffle is subject to all applicable federal, state, and local laws and regulations. The raffle is governed by the laws of the State of Pennsylvania and the United States.

16. Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: marketing@slyfoxbeer.com.

17. Marketing Communications and Prize Notifications

As part of signing up for our service, you must consent to receive SMS and email communications from us, including marketing messages, promotions, and updates related to Coastal Quest and other Sly Fox Brewing Company activities. You may opt out of these marketing communications at any time by following the instructions provided in the messages. However, if you are selected as a winner of a prize, we reserve the right to override your opt-out preference in order to contact you directly regarding your prize. By registering for our service, you acknowledge and agree to this condition. Please note that standard messaging and data rates may apply to any communications.

18. Safety and User Responsibility

Coastal Quest is a location-based game that may require you to explore outdoor and public areas. While playing the game, you are encouraged to be aware of your surroundings and exercise caution at all times. Failure to pay attention to your environment could result in harm or injury. Sly Fox Brewing Company is not responsible for your safety while playing the game. You are solely responsible for your actions and safety, and you must use your best judgment when participating in the game.

19. Account Revocation for Fraudulent Activity

We are committed to maintaining a fair and enjoyable experience for all users. Any attempt to game the system, including but not limited to submitting fraudulent entries, using bots or automated methods, or exploiting any vulnerabilities in the platform, will result in the immediate revocation of your account. Sly Fox Brewing Company reserves the right to revoke or suspend accounts at its sole discretion if any fraudulent activity is suspected or detected.

20. Geolocation Data Usage

20.1 Temporary Geolocation Data Logging

When you access the Coastal Quest homepage, your latitude and longitude are temporarily logged in our access logs. These logs are used solely to calculate your distance from nearby quests and to enhance your gaming experience. The geolocation data stored in these logs is not tied to any specific user account and is accessible only to Sly Fox administrators and our partnered vendor responsible for running GeoQuest. These access logs are cleared periodically as part of our routine maintenance.

20.2 Geolocation Data Storage for Quest Submissions

If you choose to submit a quest for consideration within the Coastal Quest game, your latitude and longitude are logged and stored indefinitely on our servers. This geolocation data is retained to verify the authenticity of your submission and to facilitate any future review or validation processes. By submitting a quest, you acknowledge and consent to this indefinite storage of your geolocation data.

21. Limitation of Liability

To the fullest extent permitted by law, Sly Fox Brewing Company and its affiliates, officers, directors, employees, agents, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of, or inability to access or use, the service; (b) any conduct or content of any third party on the service; (c) any content obtained from the service; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

22. Force Majeure

Sly Fox Brewing Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Sly Fox Brewing Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference), acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, or governmental actions.

23. User Conduct

As a user of the Coastal Quest service, you agree to behave respectfully and lawfully. You will not engage in any activity that could harm, harass, or defraud other users or the public. This includes, but is not limited to, posting offensive content, spamming, or attempting to compromise the security of the service. Violations of these terms may result in immediate termination of your account.

24. Indemnification

You agree to defend, indemnify, and hold harmless Sly Fox Brewing Company and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the service; (b) your violation of any term of these Terms of Service; or (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

25. Termination

We reserve the right, in our sole discretion, to terminate or suspend your account and access to the service, with or without notice, for conduct that we believe violates these Terms of Service or is harmful to other users of the service, us, or third parties, or for any other reason.

26. Severability

If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

27. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Site, constitute the entire agreement between you and Sly Fox Brewing Company concerning the use of the service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.