StormRush — Terms of Service (Draft)

1. Acceptance of these Terms

These Terms of Service ("Terms") will govern your use of the StormRush website, application, and challenges (together, the "Service"), operated from Chicago, Illinois ("StormRush," "we," "us"). By creating an account, joining a challenge, or otherwise using the Service once these Terms take effect, you agree to be bound by them and by the Contest Rules incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service you represent that you are 18 or older, that you are able to walk city streets safely and lawfully, and that any information you provide is accurate. The Service is intended for use in the Chicago, Illinois area; challenges are open only to individuals physically present in the designated zone.

3. The Service is provided as-is

The Service — including GPS positioning, storm mechanics, notifications, scanning, and reward tracking — is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-interruption. GPS is imprecise; mobile networks fail; phones die; challenges may be postponed, altered, or cancelled at any time, including mid-play. We make no guarantee that any challenge will run, that any prize will be winnable by you, or that the Service will be error-free.

4. Assumption of risk; play safely and lawfully

StormRush is a real-world walking game. By participating you knowingly and voluntarily assume the ordinary risks of walking in a city, including traffic, weather, terrain, construction, and the acts of third parties. You agree that at all times you will:

Obey all traffic laws and signals. Cross streets at crossings. No game state ever justifies jaywalking, running into a roadway, or hurrying through traffic — the game is designed so that doing so cannot help you win (see Safety).
Remain aware of your surroundings and put your safety and others' safety ahead of the game, always.
Not use the Service while operating a motor vehicle, bicycle, scooter, or other conveyance.
Respect private property; enter host premises only as an ordinary customer would.
Stop playing if conditions — weather, health, surroundings — make continuing unwise.

You are responsible for your own conduct and decisions while playing. If you are unwilling to accept these risks, do not participate.

5. Prohibited conduct

You agree not to:

Falsify location data — GPS spoofing, mock-location tools, replay of position data, or any device or software modification that misrepresents where you are;
Arrive by vehicle in violation of movement rules — including entering a walk-to-finish Approach Zone by car, scooter, e-bike, or similar, or attempting to have a vehicle-speed arrival counted;
Operate more than one account, share accounts, or transfer or duplicate redemption codes;
Harass, threaten, or endanger any player, host staff member, or bystander, whether in-app or in person, including at or near a host's counter;
Trespass, block sidewalks or entrances, or violate any law while participating;
Interfere with the Service's operation, probe or attack its systems, or scrape it;
Use the Service for any commercial purpose without our written agreement.

6. Account suspension and termination

We may suspend or terminate your account, void your entries and codes, and disqualify you from current or future challenges, at our discretion and without prior notice, for violation of these Terms, the Contest Rules, or conduct that endangers anyone or damages the Service or its hosts. You may stop using the Service and request deletion of your account at any time (see the Privacy Policy). Sections of these Terms that by their nature should survive termination (including Sections 3, 4, 7, 8, and 9) survive it.

7. Limitation of liability

To the maximum extent permitted by law, StormRush and its operator will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for personal injury or property damage arising out of your participation in challenges or your movement through public or private spaces, except to the extent caused by our gross negligence or willful misconduct. Our total aggregate liability for any claim arising from the Service will not exceed one hundred dollars (US $100) or the minimum amount permitted by applicable law, whichever is greater. Some jurisdictions do not allow certain limitations; where a limitation is not permitted, it applies to the fullest extent permitted.

Prizes and survivor rewards are staked and fulfilled by hosting businesses; disputes about fulfillment are resolved through in-app support, and our responsibility is limited to reasonable substitution or make-good as described in the Contest Rules.

8. Dispute resolution and arbitration

[PLACEHOLDER — pending attorney review: binding individual arbitration provision (administrator, seat: Chicago, IL), class-action and jury-trial waiver, 30-day opt-out mechanism, small-claims carve-out, and informal-resolution first step. Not drafted here because arbitration clauses must be drafted and reviewed by counsel to be enforceable and fair.]

9. Governing law

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Illinois, without regard to conflict-of-law principles. Subject to Section 8, the state and federal courts sitting in Cook County, Illinois will have exclusive jurisdiction.

10. Changes to these Terms

We may update these Terms. Material changes will be announced through the Service (and, once these Terms are in effect, dated at the top of this page) at least 14 days before taking effect where practicable. Continued use of the Service after a change takes effect constitutes acceptance. The pre-launch draft you are reading now will be replaced in its entirety by the attorney-reviewed version before launch.

11. Contact

Questions about these Terms: robert.marquardt@r-marq.com.