Terms of Use

AGREEMENT BETWEEN USER AND Online Promotions Group / HollywoodPrize.com

HollywoodPrize.com is comprised of various Web pages operated by Online Promotions Group, a joint venture between ButterflyVista, LLC and Cinnamon Entertainment Group LLC. HollywoodPrize.com or sweepstakes page or pages hosted by the HollywoodPrize.com sweepstakes contest engine are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of HollywoodPrize.com constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Online Promotions Group / HollywoodPrize.com reserves the right to change the terms, conditions, and notices under which the Online Promotions Group / HollywoodPrize.com is offered, including but not limited to the charges associated with the use of HollywoodPrize.com.

Sweepstakes Contests Main Purpose

User agrees to provide personal information for the sole purpose of becoming a contestant or entrant into a sweepstakes contest by one of HollywoodPrize.com's sponsor or sponsors. The sponsor(s) or HollywoodPrize.com will not share, collect, survey or question your interest or participation in HollywoodPrize.com for any other reason than your desire to win free prizes or receive promotional email offers from such parties on an opt-in or subscription basis indicated on the contest registration or create contestant's profile form. The sponsor(s) or HollywoodPrize.com will not warrant or authorize the collection of such data from any third party vendor without the user's prior consent or request.

Contestant Main Information

Our contestant's database and sponsor's sweepstakes contest database are private databases for use by subscribed users only. A subscribed user is defined as one with a unique user id and one unique password registered for one individual or one sponsor's company. If you are found to share passwords and/or user accounts with any non-licensed users, we retain the right to revoke your account(s), subscriptions(s), and password(s) without notice or refund.

No franchises, business opportunities or other business product or sales opportunities which REQUIRE contestants to purchase a product or service may be posted as part of a sweepstakes contestant's requirement for entry into a sweepstakes contest hosted by HollywoodPrize.com. Attempting or causing the aforementioned will result in IMMEDIATE revocation and access to HollywoodPrize.com. All click-to-purchase links are available on an optional basis to each sponsor(s) or contestant and in no way represents a contestant's increased odds of winning a sweepstakes contest due or preferential treatment in the event he/she may have elected (on an optional basis) for purchasing such product or service.

The contents of HollywoodPrize.com (including without limitation all database information), and all elements that are a part of the foregoing, and all intellectual and other proprietary rights therein, are the property of Online Promotions Group / HollywoodPrize.com. You will not use or attempt to use, and will cause each party under your control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, or intelligent agents) to navigate or search HollywoodPrize.com other than the search engine, search agents, and email notifications available from HollywoodPrize.com or authorized sponsor(s) of Online Promotions Group / HollywoodPrize.com and other generally available third-party web browsers. You will not attempt to violate the security of HollywoodPrize.com by any means, including without limitation, crashing the site by means of denial-of-service or similar attacks, and submitting a virus, attempting to interfere with other users and accessing data not intended for you.

Online Promotions Group / HollywoodPrize.com make no guarantees and assume no responsibility for the content of the site written or designed by its sponsor(s) nor for the actions or conduct of its contestants. You agree to indemnify Online Promotions Group / HollywoodPrize.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this agreement or from your provision of any material to HollywoodPrize.com, including but not limited to claims of breach of third-party intellectual property rights.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY ARISE UNDER THE IMMEDIATELY PRECEDING PARAGRAPH, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY (NOR ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND / INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA / ARISING OUT OF THIS AGREEMENT (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. MOREOVER, ONLINE PROMOTIONS GROUP / HOLLYWOODPRIZE.COM'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THE TRANSACTION WHICH IS THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY YOU OR SPONSOR(S) OR YOUR COMPANY TO ONLINE PROMOTIONS GROUP / HOLLYWOODPRIZE.COM UNDER THIS AGREEMENT.

Sponsor Purchasing Information

By digitally signing the agreement to purchase sweepstakes (with video voting and/or mobile short code), mobile marketing, or other online marketing services rendered by Online Promotions Group / HollywoodPrize.com whether by eCommerce (including MasterCard"!, VISA"!, American Express"!, DISCOVER"!, or electronic check) or agreeing to Invoice, you hereby agree to abide by such terms of use, as they may be amended from time to time. If you breach any provision of this agreement, we reserve the right to (i) discontinue your access to products and services provided by Online Promotions Group / HollywoodPrize.com, and/or (ii) pursue all other available remedies to enforce this agreement and obtain payment due to us under this agreement.

In the event of your breach of this agreement, Online Promotions Group / HollywoodPrize.com shall be entitled to collect all of its costs and attorney fees incurred. Online Promotions Group / HollywoodPrize.com may, in its sole discretion, impose a late fee equal to one and one-half (1.5%) percent per month on all overdue accounts as well as deny access on a permanent or temporary basis to you and your Company until payment and/or collections is received. This agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written agreements or understandings relating thereto as well as any purchase orders not supplied to Online Promotions Group / HollywoodPrize.com that have been or may from time to time be submitted by you, (ii) may be signed in counterparts, (iii) shall be governed by the laws of the State of New York (other than the conflicts of laws provisions thereof), (iv) may not be amended, terminated or waived orally, and (v) may not be assigned, in whole in or in part, directly or indirectly, by operation of law or otherwise, by you. Any terms of this agreement that may be invalid shall not affect the validity of enforcement of the remaining terms of this agreement. The terms and conditions of this agreement may not be amended without the affirmative written consent of Online Promotions Group / HollywoodPrize.com.

LINKS TO THIRD PARTY SITES

The Online Promotions Group / HollywoodPrize.com Web Site may contain links to other Web Sites (aka Link Partners). Link Partners are not under the control of Online Promotions Group / HollywoodPrize.com and Online Promotions Group / HollywoodPrize.com is not responsible for the contents of any Link Partner site, including without limitation any link contained in a Link Partner site, or any changes or updates to a Link Partner site. Online Promotions Group / HollywoodPrize.com is not responsible for web casting or any other form of transmission received from any Link Partner site. Online Promotions Group / HollywoodPrize.com is providing these links to you only as a convenience only.

USE OF COMMUNICATION SERVICES

The Online Promotions Group / HollywoodPrize.com Web Site contains Treasure Chest^TM Social Networking technology in which artists, fans and sponsors can connect with friends (called "Key Holders"), blog and exchange email (called "Coins").  Other areas include bulletin board services, chat areas, news groups, forums, communities, personal web pages called MySpotlight and/or MyPortfolio pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other sweepstakes contestants (aka "sweepers"), fans, artists, sponsors or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages, email (called "Coins") and comments that are proper and related to the particular Communication Service offered by HollywoodPrize and content related herein. As a registered user of HollywoodPrize and without any limitation, you agree that when using HollywoodPrize as a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Claim to not know the friends, colleagues or business associates you connect with as "Key Holders" prior to registering a profile on HollywoodPrize since you must know your "Key Holders" email address and mutually agree to become "friends" on HollywoodPrize before exchanging email messages (called "Coins") or comments

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, lewd, indecent or unlawful topic, name, material or information.

• To solicit any registered HollywoodPrize user under the age of 18 for any reason, particularly for the purposes of exchanging email, phone numbers,  or mobile numbers, meeting offline, at a public place, in private, or on another chatroom, message board, website or forum outside of HollywoodPrize as a direct result of connecting on HollywoodPrize.

• Upload files to the HollywoodPrize.com system that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files to the HollywoodPrize.com system that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service unless authorized by Online Promotions Group / HollywoodPrize.com

• Conduct or forward surveys, other sweepstakes contests, pyramid schemes or chain letters.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

• Violate any applicable laws or regulations.

In the event you violate any of the above terms, you agree and acknowledge that your HollywoodPrize account will be terminated immediately and will be subjected to the laws of the State of New York and federal laws regarding social networking websites and/or law enforcement who shall have the immediate right and obligation to file criminal charges against you. You also agree, up front, to indemnify Online Promotions Group / HollywoodPrize.com from any wrong and agree that you conducted yourself in this manner if such allegations prove to be true.  Online Promotions Group / HollywoodPrize.com shall have no obligation to monitor the Communication between two parties. However, Online Promotions Group / HollywoodPrize.com reserves the right to do so and shall review materials posted to a Communication Service and to remove any materials in its sole discretion. Online Promotions Group / HollywoodPrize.com also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Online Promotions Group / HollywoodPrize.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Online Promotions Group / HollywoodPrize.com's sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Online Promotions Group / HollywoodPrize.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Online Promotions Group / HollywoodPrize.com AND/OR ITS SPONSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Online Promotions Group / HollywoodPrize.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Online Promotions Group / HollywoodPrize.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Online Promotions Group / HollywoodPrize.com AND/OR ITS SPONSOR(S) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Online Promotions Group / HollywoodPrize.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND. Online Promotions Group / HollywoodPrize.com AND/OR ITS SPONSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Online Promotions Group / HollywoodPrize.com AND/OR ITS SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Online Promotions Group / HollywoodPrize.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Online Promotions Group / HollywoodPrize.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Online Promotions Group / HollywoodPrize.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Online Promotions Group / HollywoodPrize.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Online Promotions Group / HollywoodPrize.com OR ANY OF ITS SPONSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TERMINATION/ACCESS RESTRICTION

Online Promotions Group reserves the right, in its sole discretion, to terminate your access to HollywoodPrize.com and its related products or services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York City, New York, NY U.S.A. in all disputes arising out of or relating to the use of the Online Promotions Group / HollywoodPrize.com. Use of HollywoodPrize.com is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership or agency relationship exists between you and Online Promotions Group prior to agreement of the terms and conditions of this agreement. Online Promotions Group / HollywoodPrize.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Online Promotions Group / HollywoodPrize.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of HollywoodPrize.com or information provided to or gathered by Online Promotions Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Online Promotions Group / HollywoodPrize.com with respect to HollywoodPrize.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Online Promotions Group / HollywoodPrize.com with respect to HollywoodPrize.com. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents are drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of Online Promotions Group's HollywoodPrize.com:
© 2003-2008 Online Promotions Group, a joint venture of ButterflyVista, LLC and Cinnamon Entertainment Group LLC, New York, NY USA. All rights reserved.

TRADEMARKS

The names of actual companies, artists, websites, sponsors and and their products mentioned herein may be the trademarks of their respective owners. Some example companies, organizations, products, people and events depicted herein may be fictitious for presentation purposes. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

The HollywoodPrize and Online Promotions Group logos are registered trademarks and/or marks filled to be registered trademarks. All rights reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Providers Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE ANY RESPONSE.

Please contact robert (at) onlinepromotionsgroup.com if you have any legal questions or issues.

Online Promotions Group / HollywoodPrize.com A joint venture of ButterflyVista, LLC and Cinnamon Entertainment Group LLC New York, NY 10021