Third Parties and App Sellers
Third party providers, device manufacturers, app sellers, including Apple, Inc. and Google, Inc. have no affiliation with this contest.
Eligibility to Play
If you want to play the game, you will have to download the SURCH App and create an account with us.
You agree to update your information as needed to keep it complete and up-to-date. Failure to keep your information current may result in the termination of your account and/or disqualify you from prize eligibility.
Protection of your password is your responsibility. You are responsible for all actions taken under your account. You agree to abide by all applicable state and local laws regulating game play and related activities.
You must be 18 years old or older to play SURCH games that involve prizes, cash or otherwise.
You must be 13 years old or older to play SURCH games that do not include prizes. All players under 18 years old must have their parent’s permission and consent to play.
In order to SURCH safely, you must be aware of your surroundings and use common sense. You agree that you are choosing to play the game at your own risk. You also agree not to use the SURCH App to violate any law, rule, or regulation (including but not limited to the laws of trespass) or the Game Play Rules, and you agree not to encourage or enable others to violate any law, rule, or regulation or the Game Play Rules. You agree that you will not disrespect, intimidate, harm, abuse, threaten, etc. fellow players, will not enter private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by law, SURCH LLC disclaims all liability related to any property damage, personal injury, or death that may occur during your game play, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with another player or players, you release SURCH LLC, (and our officers, directors, agents, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Content and Content Rights
General Prohibitions, and SURCH LLC’s Enforcement Rights
You agree that you are solely responsible for your own conduct while engaged in SURCH App use and game play and for any consequences resulting. Please refer to our Game Play Rules.
You agree that when using the App and/or engaged in game play you will not:
- defame, abuse, harass, harm, stalk, threaten violence, cause injury, or otherwise violate the legal rights of others;
- trespass, or attempt to gain or gain access to any property or location where you do not have a right or permission to be;
- violate, or encourage any person to violate, any law or regulation or would give rise to liability;
- engage in any activity outside the allowed and intended usage of the SURCH App for game play such as:
- transmission of viruses, ransomware, malware, worms, defects, Trojan horses, or any items of a destructive nature;
- accessing, hacking, tampering with, or using nonpublic areas of the App, computer systems, or the technical delivery systems of SURCH LLC and SURCH LLC’s providers;
- probing, scanning, or testing the vulnerability of any SURCH LLC system or network;
- avoiding, removing, deactivating, limiting, or otherwise circumventing any measure implemented by SURCH LLC or any of SURCH LLC’s providers or any other third party to protect the Services or Content;
- accessing or searching the Services or Content, or downloading Content from the Services through the use of any technology or means other than those provided by SURCH LLC or other authorized App providers;
- extracting, copying, or mirroring the Services or Content or portions thereof (including but not limited to the SURCH LLC database and other information about players or game play);
- attempting to decipher, decompile, disassemble, or reverse engineer any of the App code used to provide the Services or Content;
- interfering with, or attempting to interfere with, the access of any player, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- deleting, obscuring, or altering any attribution, warning, or link that appears in the Services or the Content;
- collecting, storing, or distributing any personally identifiable information from the Services from other users of the Services without their express permission;
- violate any applicable law or regulation; or
- encourage or enable any other individual to do any of the foregoing.
SURCH Coins and SURCH Aides
In certain games, the App permits the purchase of virtual currency (“SURCH Coins”) and use of such SURCH Coins to purchase virtual items or services that we expressly make available for use in the SURCH App, such as clues and VUES (“SURCH Aides”). The purchase of SURCH Coins and SURCH Aides is limited to Account holders who are 18 years of age or older. Parents should monitor their children’s Internet usage for unexpected activity, including the purchase of SURCH Coins or SURCH Aides.
Pricing and availability of SURCH Coins and SURCH Aides are subject to change without notice. All SURCH Coins, SURCH Aides, and other Content is provided “as is,” without any warranty. You acknowledge that all sales by us to you of SURCH Coins and SURCH Aides are final and that we will not permit exchanges or refunds for any unused SURCH Coins or SURCH Aides once the transaction has been made.
SURCH Game and Prizes
Some SURCH games will include cash or other prizes for the winner.
SURCH games that include prizes are only open to residents of the 50 United States and the District of Columbia who are 18 years of age or older at time a game begins. To be eligible, you must download and play the game through the SURCH App.
Employees of SURCH LLC and its affiliates, subsidiaries, representatives, agents, and their immediate family members and persons living in the same household of each are not eligible. Game play that includes prizes and prize awards is void where prohibited or restricted. All federal, state and local laws and regulations apply.
Prizes are not transferable. No substitution of non-cash prizes for cash or other goods and services is permitted, except SURCH LLC reserves the right to provide a substitute prize of approximately equal value. All expenses not specified above, including, without limitation, all federal, state and local taxes, are the sole responsibility of the individual winners.
Add language – winner’s angles, elevation, and distance to qualify.
SURCH LLC will verify the eligibility of the winners prior to awarding any prizes. SURCH reserves the right to verify all photos for authenticity and accuracy in replication of the VUES for location, distance, angle and framing before awarding a prize. Email or in-App notifications do not constitute a guarantee of payment of any kind. All decisions made by SURCH LLC in regard to prize awards are final.
Effect of Termination on SURCH Coins and SURCH Aides
We have the right to offer, modify, eliminate, and/or terminate the use of SURCH Coins, Content, and/or game play, at any time, without notice or liability to you. If we discontinue the use of SURCH Coins, we will provide at least 30 days’ advance notice to you by posting a notice on the App or through other communications.
Disclaimer of Warranties
YOUR USE OF THE SURCH APP AND PARTICIPATION IN GAME PLAY ARE AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SURCH LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SURCH LLC makes no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content. SURCH cannot be responsible for access to, and performance of, cellular and other data networks.
Limitation of Liability
The parties shall cooperate to attempt to informally resolve any dispute arising out of this agreement before submitting the dispute to arbitration. Subject to the exceptions in the section, if the parties cannot resolve the dispute informally, the parties shall resolve any dispute arising out of this agreement, except for disputes involving claims for injunctive or other equitable relief, by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, a panel of three arbitrators, one appointed by each party, and the third appointed by the first two arbitrators.
The parties shall request the AAA to appoint one or more of the arbitrators, as applicable, if within  Business Days of either party requesting arbitration, the other party fails to appoint an arbitrator, or within  Business Days of the appointment of the second arbitrator, the first two arbitrators cannot agree on the appointment of a third arbitrator.
SURCH LLC’s responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rules of Civil Procedure 11(b)). The arbitration award will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
The parties shall bring any claims in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding