Terms of Service

This page states the "Terms of Use" under which You may use ThePrizeFactory.com, an on-line service to post and search employment opportunities, user resumes and video resumes or interviews ("ThePrizeFactory.com" or "Web Site").

These Terms of Use include the ThePrizeFactory.com Privacy Statement, which is incorporated into these Terms of Use by reference. By using ThePrizeFactory.com, You are indicating your agreement to these Terms of Use, including the ThePrizeFactory.com Privacy Statement.

Please read this page carefully. If You do not accept the Terms of Use stated here, do not use the Web Site and the services. By using ThePrizeFactory.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Nextelligence (the "Company") may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

1. Eligibility.
You must be 14 years of age or older to visit or use ThePrizeFactory.com in any manner. By visiting ThePrizeFactory.com or accepting these Terms of Use, You represent and warrant to the Company that You are 14 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use ThePrizeFactory.com in a manner consistent with any and all applicable laws and regulations.


2. Use of ThePrizeFactory.com Content.
The Company authorizes You to view and access a single copy of the content available on or from ThePrizeFactory.com solely for your personal use. The contents of ThePrizeFactory.com, and of all other websites under the Company's control, whether partial or otherwise (ThePrizeFactory.com and such other websites are sometimes collectively referred to as "ThePrizeFactory.com Sites") such as text, graphics, images, logos, button icons, software and other ThePrizeFactory.com Content (collectively, "ThePrizeFactory.com Content"), are protected under both United States and foreign copyright, trademark and other laws. All ThePrizeFactory.com Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the ThePrizeFactory.com Sites are the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the ThePrizeFactory.com Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original ThePrizeFactory.com Content on any copy You make of the ThePrizeFactory.com Content. You may not sell or modify the ThePrizeFactory.com Content or reproduce, display, publicly perform, distribute, or otherwise use the ThePrizeFactory.com Content in any way for any public or commercial purpose. The use of the ThePrizeFactory.com Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code, PHP code, Ajax code, or any other code that the Company creates to generate any ThePrizeFactory.com Content or the pages making up any ThePrizeFactory.com Site which is also protected by the Company's copyright.


3. ThePrizeFactory.com Site Restrictions.
Users may not use any ThePrizeFactory.com Site in order to transmit, distribute, store or destroy material, including without limitation ThePrizeFactory.com Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any ThePrizeFactory.com Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any ThePrizeFactory.com Site, overloading, "flooding", "spamming", "mailbombing", "DoSing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

When You register with any ThePrizeFactory.com Site, You will be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the Terms of Use and any privacy policy applicable to any ThePrizeFactory.com Web Site, You understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant.

The Company reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Statement for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, ThePrizeFactory.com does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the ThePrizeFactory.com or any other ThePrizeFactory.com Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of the applicable class, or learning material, product or service, under the terms agreed to by the provider.

If you cancel your ThePrizeFactory.com account, all your account information from ThePrizeFactory.com, including resumes, cover letters, network profiles, saved jobs, questionnaires and email mailing lists will be removed from ThePrizeFactory.com and ThePrizeFactory.com's databases and cannot be retrieved once deleted.


4. User Content and Submissions.
You are solely responsible for your ThePrizeFactory.com Account information, ThePrizeFactory.com Profile, content, messages or other information ("User Content") that You submit, publish or display (hereinafter, "post") on any ThePrizeFactory.com Site or transmit to other Users. By posting User Content to any ThePrizeFactory.com Site, You automatically grant, and You represent and warrant that You have the right to grant, to ThePrizeFactory.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof.

By posting User Content to any public or non-public area of any ThePrizeFactory.com Site, including message boards, forums, contests and chat rooms, You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed any ThePrizeFactory.com Site retains any and all rights that may exist in such User Content.

The Company acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, the Company may review and delete any User Content that, in the sole judgment of ThePrizeFactory.com, violates these Terms of Use, violates applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Users of any ThePrizeFactory.com Site. The Company reserves the right to expel Users and prevent their further access to the ThePrizeFactory.com Sites for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, illegal, or disruptive. The Company may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.

The following is a partial list of User Content that is prohibited on the ThePrizeFactory.com Sites. The list below is for illustration only and is not a complete list of all prohibited User Content:

  • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses, incites harassment or advocates harassment of another any group or individual;

  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

  • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

  • contains restricted or password only access pages, or hidden pages or images;

  • displays or links to pornographic, indecent or sexually explicit material of any kind;

  • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or

  • provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users;


    • ThePrizeFactory.com reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from the ThePrizeFactory.com Sites and/or terminating the offending User's ability to access the ThePrizeFactory.com Sites and/or use ThePrizeFactory.com services. The Company may take any other action with respect to User Content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.


    The Company does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.

    The Company has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content posted by Users. If notified by a User of communications which allegedly do not conform to these Terms of Use, the Company may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. The Company has no liability or responsibility to Users for performance or nonperformance of such activities.

    We appreciate hearing from our Users and welcome your comments regarding our services and the ThePrizeFactory.com Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.


    5. Registration and Password.
    You are responsible for maintaining the confidentiality of your ThePrizeFactory.com Account and passwords. You shall be responsible for all uses of your Web Site registrations and passwords, whether or not authorized by You. You agree to immediately notify the Company of any unauthorized use of your ThePrizeFactory.com Account.


    6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement.
    If You believe that your copyrighted work has been uploaded, posted or copied to any ThePrizeFactory.com Web Site and is accessible on such ThePrizeFactory.com Site in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

    1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

    2. A description of the copyrighted work You claim has been infringed, and a description of the activity that You claim to be infringing;

    3. Identification of the URL or other specific location on this web site where the material or activity You claim to be infringing is located or is occurring; You must include enough information to allow us to locate the material or the activity;

    4. Your name, address, telephone number and, if You have one, your e-mail address;

    5. A statement by You that You have a good faith belief that use on the web site of the copyrighted work in the manner You are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and

    6. A statement by You, made under penalty of perjury, that the information You have provided in your notice is accurate and that You are either the copyright owner or are authorized to act on behalf of the copyright owner.


    We have designated support@ThePrizeFactory.com as our agent to receive notices of claims of copyright infringement on the ThePrizeFactory.com Sites. You can contact us at that address or by calling our corporate headquarters at 1-877-41-PRIZE.

    7. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others.
    ThePrizeFactory.com, The Prize Factory LLC, SCA Promotions Inc., and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of ThePrizeFactory.com, You agree not to use ThePrizeFactory.com or any other ThePrizeFactory.com Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any ThePrizeFactory.com account holders, and block access to ThePrizeFactory.com and/or the other ThePrizeFactory.com Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.


    8. The Company's Liability.
    The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and makes no representations about any jobs, resumes or User Content on ThePrizeFactory.com.

    In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through ThePrizeFactory.com and/or the other ThePrizeFactory.com Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using ThePrizeFactory.com and/or the other ThePrizeFactory.com Sites.

    Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any ThePrizeFactory.com Site, in the event that You have a dispute with one or more Users, You release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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.

    The ThePrizeFactory.com Sites and the ThePrizeFactory.com Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any ThePrizeFactory.com Site or the ThePrizeFactory.com Content. The use of all ThePrizeFactory.com Sites and the ThePrizeFactory.com Content is at your own risk. Changes are periodically made to ThePrizeFactory.com Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the ThePrizeFactory.com Sites. Employers are solely responsible for their postings on ThePrizeFactory.com Sites. The Company is not to be considered to be an employer with respect to your use of any ThePrizeFactory.com Site and the Company shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any ThePrizeFactory.com Site.

    ThePrizeFactory.com cannot guarantee and does not promise any specific results from use of ThePrizeFactory.com or any ThePrizeFactory.com Site. No advice or information, whether oral or written, obtained by a User from ThePrizeFactory.com or through or from ThePrizeFactory.com or any other ThePrizeFactory.com Site shall create any warranty not expressly stated herein.


    9. Disclaimer of Warranty.
    THE COMPANY DOES NOT WARRANT THAT ANY ThePrizeFactory.com SITE WILL OPERATE ERROR-FREE OR THAT ANY ThePrizeFactory.com SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ThePrizeFactory.com SITE OR THE ThePrizeFactory.com CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE ThePrizeFactory.com SITES AND ThePrizeFactory.com CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ThePrizeFactory.com CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


    10. Disclaimer of Consequential Damages.
    IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY ThePrizeFactory.com SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY ThePrizeFactory.com SITE AND THE ThePrizeFactory.com CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


    11. Limitation of Liability.
    ThePrizeFactory.com'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY ThePrizeFactory.com SITE OR YOUR USE OF THE ThePrizeFactory.com CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.


    12. Links to Other Sites.
    ThePrizeFactory.com and certain other ThePrizeFactory.com Sites contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.


    13. No Resale or Unauthorized Commercial Use.
    You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any ThePrizeFactory.com Site.


    14. Indemnity.
    You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any ThePrizeFactory.com Site, (ii) your use of any ThePrizeFactory.com Content, or (iii) your breach of the terms of these Terms of Use. The Company shall provide notice to You promptly of any such claim, suit, or proceeding.


    15. General.
    The Company makes no claims that the ThePrizeFactory.com Content may be lawfully viewed or accessed outside of the United States. Access to the ThePrizeFactory.com Content may not be legal by certain persons or in certain countries. If You access a ThePrizeFactory.com or other U.S.-based ThePrizeFactory.com Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of ThePrizeFactory.com, a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and the Company with respect to the use of ThePrizeFactory.com. No changes to these Terms of Use shall be made except by a revised posting on this page.


    16. Additional Terms of Use.
    Certain areas of ThePrizeFactory.com and the other ThePrizeFactory.com Sites are subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.


    17. Term and Termination
    These Terms of Use will remain in full force and effect while You are a User of ThePrizeFactory.com at any level. The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your User Content from ThePrizeFactory.com and the other ThePrizeFactory.com Sites and immediate termination of your registration with or ability to access ThePrizeFactory.com and the other ThePrizeFactory.com Sites and/or any other services provided to You by the Company, upon any breach by You of these Terms of Use or if the Company is unable to verify or authenticate any information You submit to ThePrizeFactory.com or other ThePrizeFactory.com Site registration. Even after You are no longer a User of ThePrizeFactory.com, certain provisions of these Terms of Use will remain in effect, including Sections 2, 4, and 7 through 15, inclusive.