RULES OF THE "BLACK NOVEMBER" CAMPAIGN | HOTMART 2023
This regulation contains the applicable rules to the action called “Black November 2023” (“Action”), promoted by Hotmart, through Launch Pad Technology, Serviços e Pagamentos Ltda., registered with the CNPJ/ME under the no. 13.427.325/0001-05, headquartered in the city of Belo Horizonte, in the state of Minas Gerais, at 499 Assis Chateaubriand Av., Bairro Floresta, ZIP 30.150-101 and/or its controlled companies, controlling companies or under its own common control (“Company”).
- Action:
1.1. The Action, promoted by the Company, aims to encourage the development of registered and active users in the Company and will consist of 2 (two) main gamification mechanics in accordance with the rules set out here.
1.1.1. The first mechanics will consist of assigning an Individual Goal to each Participant and evaluating, during the Validity Period, the sales of products made by the Participants and, consequently, the Net Revenue generated in this period, and the granting of the Prizes listed in this instrument to the Participants who reach at least 1 (one) range of achievement of their Individual Goal in time for the Calculation Period (“First Mechanic”).
1.1.2. The second mechanics, in turn, will consist of establishing a performance ranking based on the percentage, equivalent to the value in reais, dollars or euros, of Participants Net Revenue derived from Complete Sales made through the Essential Tools during the Action Accounting Period, which will be segmented into 6 (six) Categories and each Participant will be allocated to 1 (one) Category according to their business moment in the Company. The first 10 (ten) Participants in the ranking of each Category will be rewarded (Second Mechanics).
1.1.2.1. Note that the Second Mechanics is reserved for Participants with a Creator, Co-Creator or Hybrid User profile, that is, Participants with an Affiliate profile can only participate in the First Mechanics.
1.1.3. The First and Second Mechanics Prizes will be rewarded to the Winners according to their availability in the Applicable Territory of each Winner, as set out in the tables in item 7 below. Furthermore, Winners must pay attention to the conditions for using the Prizes, set out in the same item.
1.1.4. There will be, in the week starting from 12 am on 11/06/2023 until 11:59 pm on 11/11/2023 (Brasília time), for 6 (six) Participants domiciled in Brazil and/or whose Products eligible for the Action are registered for the Brazilian market (Brazilian Participants) who occupy the 1st (first) position in the rankings of their respective Categories, the granting of an extra prize, in accordance with item 7 of these Regulations.
1.1.4.1. If the person occupying 1st place in the ranking of a given Category is not a Brazilian Participant, the Extra Prize will be rewarded to the next Brazilian Participant in the ranking, regardless of their position.
1.1.5. In addition to the mechanics described above, there will also be, for Participants from certain Applicable Territories who meet all the requirements listed in item 6 of this instrument, some bonus mechanics, which will be available outside the Action Platform (Bonus Mechanics).
1.2. Participation in the Action is voluntary and implies knowledge and acceptance of all terms and conditions of these Regulations.
1.2.1. However, once the Participant registers on the Platform through this link, as provided in item 4 of these Regulations, they will not be able to unsubscribe and will participate in the Action until the end of the Validity Period.
- Definitions:
2.1. The terms below, in this Regulation, will have the following definitions:
- Categories: mean the categories in which the Participants are placed for the purposes of allocation in the ranking and receipt of the Prizes of the Second Action Mechanics, divided into: 1, 2, 3, 4, 5, and 6. The Categories are defined according to the Participant's business moment, as well as their history with the Company, and they will be informed to the Participants, together with the Individual Goals, when registering on the Action Panel on the Platform. It is not possible to request a Category change.
- Release Dates: mean the Winners' announcement dates, set out in item 7.5 of this instrument.
- Net Revenue: means the revenue obtained by Participants from Complete Sales of Products registered on the Platform during the Action Accounting Period. This revenue generated by the Participant is calculated according to the sales price of the Product(s) to the final consumer x volume of product(s) sold, that is, the total quantity sold deducted from the Company's fees, commissions, as well as any refunds, chargebacks, and canceled or expired purchases.
- Essential Tools: mean the following tools offered by the Company: (i) sales recovery tool; (ii) sales recovery by bank billing and pix in installments; (iii) subscription recovery tool; (iv) Order Bump; (v) Sales Funnel; and (vi) Club Sales.
- Winner(s): means all Participant(s) who are able, at the moment of the Accounting Period, to achieve their Individual Goals, for the purposes of the First Mechanics and/or the first 10 (ten) participants on ranking of each Category, for the purposes of the Second Mechanics.
- Individual Goal: means the individual Net Revenue growth goal (defined by the Company for each Participant) during the Validity Period of the Action, for the purposes of the First Mechanics. Participants will be rewarded if they reach at least 1 (one) achievement range within their Individual Goal, which are: 50% (fifty percent), 100% (one hundred percent) and 150% (one hundred and fifty percent) of the Individual Goal. It will not be possible to request a change to the Individual Goal.
- Participants: means all registered and active Users of the Company who meet all the eligibility requirements set out in item 4 below.
- Calculation Periods: means, for the First and Second Mechanics, respectively, the period for determining the achievement of at least 1 (one) range of achievement of the Participants' Individual Goals and the position in the Category ranking by the Participants, that is, 7 (seven) days from the end of the final date of the Accounting Period.
- Accounting Period: means the sales period of the Participants' products to be recorded for the purposes of verifying the Participants' Individual Goals for the First Mechanics, and the percentage of Net Revenue obtained through the use of the Essential Tools for the Second Mechanics.
- Validity Period: means the total period of validity of the Action.
- Company Platform or Platform: means both the hotmart.com website and its subdomains, and any other websites, interfaces or applications on which the Company makes its resources available.
- Base Prize: means the base prize granted to Participants with a Creator, Co-Producer and/or Hybrid User profile for registering in the Action.
- Users: means the Creators, Co-Producers, Affiliates and Hybrid Users of the Company Platform.
- Hybrid Users: means users of the Platform who combine more than one profile, whether they are Creators and Co-producers, Creators and Affiliates, Co-producers and Affiliates or Creators, Co-producers and Affiliates, at the same time.
- Regulation: means all the rules and conditions set out in this instrument.
- Complete Sales: means complete sales of products registered on the Platform, that is, sales for which refunds and/or chargebacks were not requested by customers within the period allowed for refund (chosen by the Participant).
- Applicable Territories: offices in Brazil and abroad.
- Validity and Territory:
3.1. This Action is aimed at Participants located in the Applicable Territories and will take place between 11/01/2023 and 03/28/2024 (Validity Period).
3.2. The sales period of the Participants products that will be counted for the purposes of verifying the criteria of all Mechanics of this Action will begin on 11/01/2023, at 12 am Brasília time (GMT-3), and will end on the 12/09/2023, at 11:59 pm Brasília time (GMT-3), considering the Net Revenue made only in the period mentioned (Accounting Period). Participants acknowledge and agree that, if Net Revenue is generated before or after the Accounting Period, such amounts will not be counted for the purposes of this Action.
- Eligibility:
4.1. All active and registered users (Participants) on the Platform who meet the following requirements will be able to participate in the Action, which are: (a) register for the Action on the Platform Action Panel, from 10/02/2023 until 12/09/2023; (b) have a registered and active account on the Platform; (c) have, for First Mechanics, a Creator, Co-Creator, Affiliate or Hybrid User profile; (d) have, for the Second Mechanics, a Creator, Co-Creator or Hybrid User profile; and (e) for Bonus Mechanics, meet the requirements specified in item 6 of this Instrument.
4.1.1. All products sold on the Platform account registered in the Action, as long as they are active, without any reservations and/or requests for adjustment, and that they comply with the rules of these Regulations, can be used for the purposes of accounting for Net Revenue and participation in the Action.
4.1.2. The following are expressly prohibited from participating in the Action: (i) people under the age of 18 (eighteen) years or minors in accordance with the applicable legislation of their country and (ii) the Company employees.
4.2. Participation in this Action implies knowledge and full acceptance of these Regulations by the Participant, as well as the Terms of Use of the Platform and the Policies linked to it, including awareness and understanding of the Privacy Policy, by completing your registration.
4.3. The Company reserves the right to disqualify and/or exclude from the Action, at any time, the Participant who (i) directly or indirectly, fails to comply with any clause of these Regulations, the Company's Terms of Use and/or any of the Policies linked to it, and/or (ii) is considered a risk, in any aspect, to the Company, at its sole discretion.
- Action Mechanics:
5.1. The Action, as explained in item 1.1 above, will consist of 2 (two) Mechanics, namely:
5.1.1. The First Mechanics consists of monitoring and evaluating the growth of Participants' Net Revenue during the Accounting Period to grant some Prizes, if at least 1 (one) of the Individual Goal achievement ranges is reached by said Participants until the end of the Accounting Period.
5.1.1.1. Individual Goals will be calculated and displayed to Participants on the Company's Platform. Such Individual Goals will comply with the following variables: (i) currency chosen by the Participant when registering for the Action, the options being: dollar, euro, and real, which cannot be changed after the initial choice and (ii) Participant's historical Net Revenue; or, if the Participant has not yet obtained Net Revenue, (iii) the minimum Net Revenue for each chosen currency, in the amounts of R$ 2,044.80 (two thousand and forty-four reais and eighty cents); EUR 376.00 (three hundred and seventy-six euros) or USD 385.60 (three hundred and eighty-five US dollars and sixty cents).
5.1.1.2 The evaluation criteria for defining the Action Winners will be the Net Revenue earned during the Accounting Period, related to the product(s) registered by the Participant on the Platform, as well as the fulfillment of at least 1 (one) of the ranges of achievement of the Individual Goals during the said Period, respectively.
5.1.1.3. The Net Revenue calculation will be carried out with the following rationale: revenue obtained by Participants, from Complete Sales of Products registered on the Platform, according to the sale price of the product(s) to the final consumer x product volume sold, i.e. the total quantity sold deducted from the Company's fees, other commissions, as well as any refunds, chargebacks, and canceled or expired purchases. The calculation will take into account the sales made in the Accounting Period.
5.1.2. The Second Mechanics, reserved only for Participants with a Creator, Co-Producer, and Hybrid User profile, will consist of establishing a performance ranking based on the percentage, equivalent to the value in reais, dollars, or euros, of the Participants’ Net Revenue derived exclusively from the use of the Essential Tools during the Action Accounting Period. For this mechanic, Participants will be divided into Categories, each with an exclusive ranking, and, consequently, with different Prizes for each Category. The first 10 (ten) Participants from each of the 6 (six) Categories will receive prizes by the rules set out in item 7 below.
5.1.3. Furthermore, as set out in item 1 of these Regulations, in the week starting at midnight on 11/06/2023 until 11:59 pm on 11/11/2023 (Brasília time), there will also be the granting of an Extra Prize for 6 (six) Brazilian Participants who occupy the 1st (first) position in the rankings of their respective Categories, as described in item 7 of these Regulations.
5.2. The Company may eliminate Participants from the Action who: (a) obtain a refund rate equal to or greater than 7.5% (seven-point five percent) of sales in the Accounting Period and/or (b) make a chargeback rate equal to or greater than 1% (one percent) of sales in the Period of Accounting.
- Bonus Mechanics:
6.1. For Participants from certain Applicable Territories, as long as they meet the requirements established below, some Bonus Mechanics will be carried out, in which participation will occur automatically upon registration in the Action, as described below:
6.1.1. Bonus Mechanics 1: Brazilian Participants (i) with a Creator, Co-Producer, and/or Hybrid User profile, (ii) who have service via an Account Manager on the Platform and (iii) who are in Categories 3 to 6, will automatically take part in the Bonus Mechanics 1 when registering for the Action, which will consist of rewarding Participants who meet the aforementioned requirements and (a) who achieve at least 100% (one hundred percent) of their Individual Goal in the First Mechanics and (b) are among the 3 (three) first placed in the ranking of their Second Mechanics Category.
6.1.1.1. The Winners of Bonus Mechanics 1 will be communicated via Account Manager until 12/31/2023.
6.1.2. Bonus Mechanics 2: Brazilian Participants (i) with a Creator and Co-Producer profile and (ii) who made their first sale on the Platform in 2023 will be eligible to participate in 3 (three) additional mechanics (together “Bonus Mechanics 2”), which are:
6.1.2.1. Mechanics 2A: This mechanics will consist of establishing a performance ranking of the aforementioned Participants based on the Net Revenue generated during the Accounting Period, and the Participants who meet all the requirements listed here will be rewarded prizes, namely: (i) be among the top 10 (ten) positions in the aforementioned ranking; (ii) have received and accepted a proposal via the Company's commercial representative in October and/or November 2023; (iii) have reached at least 1,000 (one thousand) dollars in Net Revenue during the Accounting Period, and (iv) have reached the achievement range of 100% (one hundred percent) of their Individual Goal in the First Mechanics.
6.1.2.2. Mechanics 2B: This mechanics will consist of establishing a performance ranking of the aforementioned Participants based on the Net Revenue generated during the Accounting Period, and the Participants who meet all the requirements listed here will be rewarded prizes, namely: (i) be among the top 3 (three) positions in the aforementioned ranking, and (iii) have reached at least 1,000 (one thousand) dollars in Net Revenue generated during the Accounting Period.
6.1.2.3. Mechanics 2C: Said mechanics will consist of rewarding Participants who meet the requirements of item 6.1.2 above and (i) who are among the top 3 (three) positions in the ranking of their Category in the Second Mechanics; (ii) who have reached at least 1,000 (one thousand) dollars in Net Revenue generated during the Accounting Period, and (iv) who have reached the achievement range of 100% (one hundred percent) of their Individual Goal in the First Mechanics.
6.1.2.4. The Winners of Bonus Mechanics 2 will be communicated via WhatsApp message and/or using the email registered in the Platform until 12/23/2023.
6.1.3. Bonus Mechanics 3: Participants from the Applicable Territories of Colombia and/or Mexico will be eligible to participate in 3 (three) additional mechanics (together “Bonus Mechanics 3”), which are:
6.1.3.1. Mechanics 3A: This mechanics will consist of rewarding the 15 (fifteen) Participants from Colombia or Mexico who (i) comply with the criteria in item 6.1.3. above; (ii) do not have an Account Manager and (iii) that obtain, during the Action Assessment Period, the highest achievements of Individual Targets.
6.1.3.2. Mechanics 3B: This mechanics will consist of awarding the 20 (twenty) Participants from Colombia who (i) comply with the criteria in item 6.1.3. above; (ii) have an Account Manager and (iii) who obtain, during the Action Assessment Period, the highest achievements of Individual Goals.
6.1.3.3. Mechanics 3C: This mechanics will consist of rewarding the 20 (twenty) Participants from Mexico who (i) comply with the criteria in item 6.1.3. above; (ii) have an Account Manager and (iii) who obtain, during the Action Assessment Period, the highest achievements of Individual Targets.
6.1.3.4. The Winners of Bonus Mechanics 3 will be communicated via the email registered in the Platform between 12/20/23 and 12/31/2023.
6.1.4. Bonus Mechanics 4: Participants from the Applicable Territories of Spain and Andorra who do not have an account manager will be eligible to participate in 4 (four) additional mechanics (together “Bonus Mechanics 4”), which are:
6.1.4.1. Mechanics 4A: This mechanics will consist of rewarding the first 30 (thirty) Participants who reach the achievement range of 100% (one hundred percent) of their Individual Goals.
6.1.4.2. Mechanics 4B: This mechanics will consist of rewarding the first 5 (five) Participants who (i) reach the achievement range of 100% (one hundred percent) of their Individual Goals and (ii) have achieved some percentage of their Net Revenue through the Tools Essentials.
6.1.4.3. Mechanics 4C: This mechanics will consist of rewarding the first 3 (three) Participants who reach the achievement range of 150% (one hundred and fifty percent) of their Individual Goals.
6.1.4.4. Mechanics 4D: This mechanics will consist of rewarding the 1st (first) Participant who (i) reaches the achievement range of 150% (one hundred and fifty percent) of their Individual Goal and (ii) has achieved some percentage of their Net Revenue through the Essential Tools.
6.1.4.5. The Winners of Bonus Mechanics 4 will be communicated using the email registered in the Platform between until 12/31/2023.
6.2. The aforementioned Bonus Mechanics will be made available outside the Action Platform.
6.3. Bonus Mechanics Prizes will be rewarded to Winners according to their availability in the Applicable Territory of each Winner, as set out in the tables in item 7 below. Furthermore, Winners must pay attention to the conditions for using the Prizes, set out in the same item.
- Prize and Winners:
7.1. Some of the following Base Prizes will be granted for Participants with a Creator, Co-Producer and/or Hybrid User profile, upon registration in the Action, namely:
¹ https://hotmart.com/marketplace/black-november
7.2. First Mechanics: All Participants who reach at least 1 (one) of the achievement ranges of their Individual Goals during the Accounting Period, namely 50% (fifty percent), 100% (one hundred percent), and/or 150% (one hundred and fifty percent), will be considered Winners of the First Action Mechanic.
7.2.1. The Prizes relating to this Action will be rewarded to the Winners, as below, according to the achievement of a range of the Individual Goal, at the time of the Calculation Period, according to availability in the Winner's Applicable Territory and other conditions of use:
² https://enotas.com.br/condicao-clientes-black-november/
³ https://hotmart.com/marketplace/
⁴ Available to all Participants who achieve 50% (fifty percent) of their Individual Goals during the Accounting Period.
⁵ https://enotas.com.br/condicao-clientes-black-november/
⁶ https://enotas.com.br/condicao-clientes-black-november/
7.3. Second Mechanics: The first 10 (ten) Participants in the ranking of each Category will be considered Winners of the Action Second Mechanics.
7.3.1. The Prize options for the Action Second Mechanics will be as follows:
⁷ https://enotas.com.br/condicao-clientes-black-november/
⁸ https://hotmart.com/marketplace/
⁹ https://consumer.hotmart.com/main
¹⁰ https://enotas.com.br/condicao-clientes-black-november/
7.3.2. Prize distribution to the Winners of the Second Mechanics will be made according to their Category and position in the ranking, as set out below:
7.3. Bonus Mechanics: The Bonus Mechanics Prizes will be as follows:
7.3.1. The Bonus Mechanics 01 Winners will be entitled to the following Prizes, as long as the availability of Territory and the conditions of use are respected:
7.3.2. The Bonus Mechanics 02 Winners will be entitled to Prize 10 described in item 7.3.1. above, as long as the availability of Territory and the conditions of use are respected.
7.3.3. The Bonus Mechanics 03 Winners will be entitled to the following Prizes, as long as the availability of Territory and the conditions of use are respected:
7.3.4. The Bonus Mechanics 04 Winners will be entitled to the following Prizes, as long as the availability of Territory and the conditions of use are respected:
7.4. All Prizes in this Action are individual and unitary, that is, only 1 (one) Prize will be awarded for each account registered in the Action (for each Mechanics for which the Participant is eligible), and cumulative, if the Participant is the Winner in more than 1 (one) mechanics.
7.4.1. The First Mechanics Prizes will also be cumulative, that is, for each achievement level reached, the Winner accumulates the Prizes from the previous range, except in the case of Prizes that grant a discount on the purchase of a tool. In these cases, the Winner will only be entitled to the Prize that contains the highest discount percentage.
7.4.2. Prize 10 in item 7.3.1. above will not be cumulative, that is, the Winner will only be able to attend Hotmart Day in person for 1 (one) time.
7.5. The Extra Prize referred to in items 1.1.4 and 5.1.3. will consist of 1 (one) personalized Action t-shirt framed in 1 (one) frame (Extra Prize).
7.6. The announcement of the First Mechanics Winners for each range of achievement of the Individual Goals and, consequently, of the respective Prizes, will take place from 11/01/2023, through the email registered on the Company Platform, as well as on the Action Panel on the Platform. In turn, the announcement of the Winners of the Second Mechanics will be made in the same way from 12/18/2023. The dates for announcing the Extra Prize and Bonus Mechanics Winners are set out in their specific clauses. The deadline for announcing all Prizes is December 23rd, 2023 (Release Dates).
- Company Responsibilities:
8.1. It is the sole responsibility of each Participant to provide correct, complete, and truthful information when registering for the Action, as this will be used to identify the Participant and eventually grant the Prize. Therefore, the Company will not be responsible for incorrect, incomplete, and/or untrue data provided by the Participant, nor if, as a result, it is unable to contact the Winner and/or award the Prize. It is also up to the Participants to regularly check their calls or messages received via phone call and/or email regarding their consideration.
8.2. The Company's responsibility towards the Participants ends at the moment the Prize is granted, including (but not limited to), in relation to faults or defects and/or problems thereof, as well as in relation to the way in which the Prize is used.
- General Provisions:
9.1. Winners who do not meet the requirements set out in these Regulations or who practice or attempt to commit fraudulent acts or in violation of these Regulations will not be entitled to the Prize. For the purposes of this item, fraud is considered to be obtaining advantages and/or benefits illegally.
9.2. The Participant grants the Company authorization to use their image, sound of voice, and/or testimonials relating to participation in the Action, which may be disclosed in an internal and/or external campaign, including the broadcast of videos and/or photos edited on the company social networks, such as Facebook, Instagram, Twitter, websites, and all types of digital vehicles that exist or will exist for an indefinite period throughout the national and/or international territory. The granting of the use of image and/or sound of voice does not constitute any type of right or benefit to the Participant and may or may not be used by the Company.
9.3. Participants undertake to maintain strict secrecy and total and absolute confidentiality regarding the object of this Regulation and Action, as well as all information, data, and documents eventually shared due to this instrument, further undertaking not to reveal, disclose, disseminate, publish, make public or, in any other way, reproduce, in whole or in part, any information related, directly or indirectly, to this instrument, to third parties, unless expressly authorized in writing by the other party, and such condition of confidentiality shall prevail even after the termination of this Action.
9.3.1. The Participants, through this instrument, acknowledge and agree that there will be no disclosure of the list and/or performance ranking related to this Action. Winners will receive communications exclusively via email and on the Platform on the dates mentioned above.
9.4. The Company also reserves the right, at any time, with prior notice, to modify the Action criteria, add or change the Prizes and/or determine their termination, at its sole discretion and/or in the event of fraud, technical problems or any other factor beyond its control that poses any risk to the Action. If the Company modifies, cancels or suspends the Action, the company will not incur any liability as a result of said actions, and it is also certain that the Company will not be liable to any Participant for any expense or damage, even if special, direct, indirect, and/or incidental.
9.5. By participating in this Action, under the terms of this Regulation, Participants are aware that the Company may use and share the data provided for the necessary purposes for the adequate performance and completion of this Action, and also for possible communications with the Participants, following the applicable legislation.
9.6. By participating in the Action, Participants are also subject to all Terms of Use and Policies from the Company.
9.7. Brazilian legislation applies to the Action, in any and all disputes arising from its execution and/or these Regulations, including, but not limited to, its disclosure, conduct, participation, and reward, and the exclusive Forum of election of the parties to Resolution of conflicts arising from this Regulation is that of the District of Belo Horizonte, MG, Brazil.
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