Terms & Conditions

Here’s all the stuff the lawyers care about.

Agreement to Terms and Conditions

By using our Services, including downloading the SURCH App and joining game play, you are agreeing to these Terms and Conditions, our Game Play Rules, and our Privacy Policy. Further, if playing SURCH for prizes, you are affirming that you are 18 years of age or older.

Privacy Policy

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

Changes to Terms and Conditions or Game Play Rules

The Terms and Conditions and Game Play Rules may be modified at our discretion. You should review modifications to the Terms and Conditions or Game Play Rules whenever they occur. If changes are made, we’ll let you know either by noting the modifications on the App or through other communications. If you continue to play the game after we have announced modifications on the App, or otherwise communicated them to you, you have indicated that you agree to be bound by the modified Terms and Conditions and/or Game Play Rules. If you don’t agree to be bound by the modified Terms and Conditions and Game Play Rules, then you may not access the App and/or play the game anymore.

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.

Play Safe

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

For purposes of these Terms and Conditions: (a) “Content” means the photos, text, software, code, scripts, graphics, sounds, music, videos, interactive features, works of authorship of any kind, and information or other materials that are posted, provided, or otherwise made available through the SURCH App. Subject to your compliance with these Terms and Conditions, SURCH LLC grants you a personal, noncommercial, nonexclusive, nontransferable, non-sublicensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the SURCH App for game play.

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;
    • using the SURCH App, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms and Conditions, including but not limited to (a) gathering in-App items (See “SURCH Coins” and “SURCH Aides”) for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) selling, renting, or leasing the App or your Account;
    • 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.

The purchase of SURCH Coins grants you a limited, nontransferable, non-sublicensable, revocable license to use such SURCH Coins to access and purchase virtual items in conjunction with your use of the App in game play. You acknowledge that you do not acquire any ownership rights in or to the SURCH Coins, SURCH Aides, or other Content. You agree that SURCH Coins and SURCH Aides have no monetary value and do not constitute real currency or property of any type. Possession of SURCH Coins or SURCH Aides does not reflect any stored value. SURCH Coins may be redeemed only for clues and VUES or other in-App SURCH Aides and in-game features that may be available from time to time. SURCH Coins and SURCH Aides may not ever be sold or exchanged for actual money, goods, or services from us or anyone else. We may cancel any SURCH Coins or SURCH Aides sold, transferred, or exchanged in violation of these Terms and Conditions. Any such sale, transfer, or exchange, or attempt to do so, is violates these Terms and Conditions and may result in the termination of your account.

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.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your account at any time. Upon any termination, discontinuation, or cancellation of Services or your account, the following provisions of these Terms and Conditions will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Effect of Termination on Trading Items, SURCH Coins and SURCH Goods; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms and Conditions; and this sentence of Termination.

Effect of Termination on SURCH Coins and SURCH Aides

We may suspend or terminate your account and your access to your SURCH Coins, Content, or game play in our sole discretion and without prior notice, including when (a) your Account is inactive for one year or more; (b) you fail to comply with these Terms and Conditions; (c ) upon evidence of fraud or misuse by you; (d) we suspect any other unlawful activity associated with your account; or (e) we are acting to protect our Services, our systems, the SURCH App, our users, or the reputation of SURCH LLC. We have no obligation or responsibility to, and will not reimburse or refund, you for any SURCH Coins or unfinished game play lost due to such suspension or termination. You acknowledge that SURCH LLC is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused SURCH Coins when your account is closed, whether such closure was voluntary or involuntary.

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

TO THE EXTENT PERMITTED BY LAW, NEITHER SURCH LLC OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER PLAYERS DURING GAME PLAY OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES INCLUDING GAME PLAY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SURCH LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF A PARTICULAR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT WILL THE TOTAL LIABILITY OF SURCH LLC ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1,000). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SURCH LLC AND YOU.

Indemnity

You agree to indemnify and hold harmless SURCH LLC (as an indemnified party) against all losses and expenses arising out of any proceeding brought by either a third party or you, arising out of or in any way connected with (a) your use of the SURCH App, (b) your SURCH game play, or (c ) your violation of these Terms and Conditions.

DISPUTE RESOLUTION

Governing Law

These Terms and Conditions and any action related thereto will be governed by the laws of the State of Maryland, county of Carroll, without regard to its conflict of laws provisions.

Arbitration

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 [20] Business Days of either party requesting arbitration, the other party fails to appoint an arbitrator, or within [20] Business Days of the appointment of the second arbitrator, the first two arbitrators cannot agree on the appointment of a third arbitrator.

Arbitration Fees

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

Changes

Notwithstanding the provisions of the “Changes to Terms and Conditions or Services” section above, if SURCH LLC changes the Terms and Conditions related to Dispute Resolution and  after the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions), you may reject any such change by sending us written notice (including by email to info@surchthecity.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of SURCH LLC’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and SURCH LLC in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms and Conditions (or accepted any subsequent changes to these Terms and Conditions).

General Terms and Conditions

These Terms and Conditions constitute the entire and sole understanding and agreement between SURCH LLC and you regarding the App, related services, content, and game play. These Terms and Conditions supersede and replace any and all prior understandings or agreements between SURCH LLC and you, whether oral or written, regarding the same. If any provision of these Terms and Conditions is held invalid or unenforceable (either by an arbitrator appointed pursuant to the Terms and Conditions of the “Dispute Resolution” section above or by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in full force and effect. You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms and Conditions without such consent will be null. SURCH LLC may freely assign or transfer these Terms and Conditions without restriction. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices and/or other communications provided by SURCH LLC under these Terms and Conditions, including those regarding modifications to these Terms and Conditions, will be given: (a) via email, or (b) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

SURCH LLC’s non-enforcement any right or provision of these Terms and Conditions will not be considered a waiver of such right or provision. The waiver of any such right or provision will only be effective if in writing and signed by a duly authorized representative of SURCH LLC. Except as expressly set forth in these Terms and Conditions, the exercise by either party of any of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise.

Contact Us

If you have any questions about these Terms and Conditions or the Game Play Rules, please contact SURCH LLC at info@surchthecity.com or 63 E. Main Street, #204, Westminster, MD 21157.