TERMS OF USE OF HOLLYWOODWISH.COM

PLEASE READ THIS AGREEMENT CAREFULLY. THIS IS A BINDING CONTRACT.

 

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at www.hollywoodwish.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Hollywood Wish, LLC (“Hollywood Wish”) from time to time in its sole discretion. Hollywood Wish will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. Hollywood Wish respects your privacy and permits you to control the treatment of your personal information. A complete statement of Hollywood Wish’s current privacy policy can be found by clicking here. Hollywood Wish’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Hollywood Wish immediately on any unauthorized use of your account, user name, or password. Hollywood Wish shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Hollywood Wish, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

 

Eligibility is limited to residents of the United States and persons over the age of 18 or to persons who have reached the age of majority in their countries of residence. Void in Sweden, Malaysia, Spain and countries on the United States list of embargoed countries. Hollywood Wish employees, directors, managers and their respective immediate family members (i.e., parents, spouses, domestic partners, siblings and children) or any other person residing in the same household as a Hollywood Wish employee, director or manager may not participate in the Service or create an Account through the Site.

 

     3. THE SERVICES. Hollywood Wish and it’s technology partner Rally Up (Rallyup.com) provide a fundraising platform for 501c(3) non-profit organizations through sweepstakes drawing campaigns (Campaign). The Campaign does not require a purchase to enter, but participants can enter by making a volunteer donation for a certain amount of chances to win the Grand Prize of each Campaign.

 

Campaign pages are hosted at RallyUp and you agree to accept their official Terms of Use if you participate in a Campaign offered by Hollywood Wish. Campaign pages will require you to agree to and accept the sweepstakes Official Rules before a donation is completed. You may review a copy of the sweepstakes Official Rules on each campaign page or by clicking HERE. Each campaign will have its own Official Rules that will be available through the campaign page.

 

Additional rewards may be given to donors who donate a specific amount. Those rewards will be sent to the participating donors approximately 4-6 weeks after a Sweepstakes period has ended. Depending on availability and circumstances of the item additional time may be required to fulfill the reward. Besides a paid online entry though a donation, a free mail in entry to the Campaign is available. The details to mail in a free entry are available at the Official Rules.

 

4. DONATIONS. No purchase or donation is required to enter a sweepstakes Campaign. Each Campaign has a nonprofit Charity Partner or Partners (collectively Charity Partner) that are the beneficiary of the donations. After the Campaign costs and processing fees, agreed to and negotiated by each party sponsoring the Campaign, the remaining amount of the proceeds goes to the Charity Partner, typically around 80%.  Payments are collected and distributed by RallyUp, which acts as an agent for the fundraising campaign. The credit card processing fees, certain 3rd party expenses and the fees for Rallyup and Hollywood Wish are deducted once the campaign has officially ended and the net proceeds go to the Charity Partner. A receipt of your payment amount is emailed to you and you should consult with a tax professional before declaring any tax deduction. If the donation is $250 or less, many states in the U.S. do not require additional receipts. Contact us if you require additional receipt for a donation higher than $250.

 

5. REFUNDS. All donations are non-refundable, so please be sure you want to enter a sweepstakes campaign before making a payment.  If you donated at a level to receive a guaranteed Reward, it will be sent approximately 4-6 weeks after the campaign has ended. However, delivery of the items may vary and will be stated on the campaign page. The Rewards are specific in nature to each Campaign and therefore cannot be exchanged or refunded. If Sponsor is unable to fulfill the Reward item for any reason, then the amount of the donation will be refunded. The Sponsor may offer something of equal or more value if availability is an issue, however each donor will have the option to accept the alternate Reward or receive a refund for the donation amount.

 

6. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

7. COPYRIGHT INFRINGEMENT. Hollywood Wish has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Hollywood Wish has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Hollywood Wish or of a third party, or otherwise violated any intellectual property laws or regulations. Hollywood Wish’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Hollywood Wish to delete, edit, or disable the material in question, you must provide Hollywood Wish with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Hollywood Wish to locate the material; (d) information reasonably sufficient to permit Hollywood Wish to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Hollywood Wish’s designated agent at:

Hollywood Wish Support

7095 Hollywood Blvd. #433 Los Angeles, CA 90028

(818) 570-3502

info@hollywoodwish.com

8. LIMITED LICENSE.

9. ALLEGED VIOLATIONS. Hollywood Wish reserves the right to terminate your use of the Service and/or the Site. To ensure that Hollywood Wish provides a high quality experience for you and for other users of the Site and the Service, you agree that Hollywood Wish or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Hollywood Wish does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Hollywood Wish reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Hollywood Wish believes that you have violated any of the Terms of Use, furnished Hollywood Wish with false or misleading information, or interfered with use of the Site or the Service by others.

10. NO WARRANTIES. HOLLYWOOD WISH HEREBY DISCLAIMS ALL WARRANTIES. HOLLYWOOD WISH IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOLLYWOOD WISH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HOLLYWOOD WISH DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

11. LIMITED LIABILITY. HOLLYWOOD WISH’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOLLYWOOD WISH BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY HOLLYWOOD WISH. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

12. AFFILIATED SITES. Hollywood Wish has no control over, and no liability for any third party websites or materials. Hollywood Wish works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Hollywood Wish nor the Site has control over the content and performance of these partner and affiliate sites, Hollywood Wish makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Hollywood Wish assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Hollywood Wish makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

13. PROHIBITED USES. Hollywood Wish imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Hollywood Wish in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

14. INDEMNITY. You agree to indemnify Hollywood Wish for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Hollywood Wish, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Hollywood Wish will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. COPYRIGHT. All contents of Site or Service are: Copyright © 2017 Hollywood Wish, 7095 Hollywood Blvd. #433 Los Angeles, CA 90028. All rights reserved.

16. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California in all disputes arising out of or related to the use of the Site or Service.

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

18. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Hollywood Wish or by any third party.

19. CALIFORNIA USE ONLY. The Site is controlled and operated by Hollywood Wish from its offices in the State of California. Hollywood Wish makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as Hollywood Wish’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

20. MODIFICATIONS. Hollywood Wish may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Hollywood Wish shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. Any amended dispute resolution terms do not apply to any dispute of which the parties had actual notice before the date of amendment.

21. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.