RULES OF THE "BLACK NOVEMBER" CAMPAIGN - HOTMART 2022
These rules and regulations apply to the campaign called "Black November" ("Campaign"), promoted by Hotmart, through Launch Pad Tecnologia, Serviços e Pagamentos Ltda., enrolled in CNPJ/ME under No. 13.427.325/0001-05, headquartered in the city of Belo Horizonte, state of Minas Gerais, at 499 Assis Chateaubriand Av., Bairro Floresta, CEP 30.150-101, and its subsidiaries, parent companies or under common control ("Company").
1.1 The Campaign, promoted by the Company, aims to encourage the development of registered and active Hotmart Users, and will consist of the evaluation, during the Effective Period, of the Complete Sales of products made by Participants and consequently, the Sales generated during this period, and the granting of the Prizes — listed herein — to Participants who achieve their Individual Goals during the Campaign Period according to the rules set forth herein.
1.1.1 Additionally, Participants may also compete for one (1) bonus prize, if they reach the maximum Individual Goal, i.e., 100% (one hundred percent), during the Campaign Period ("Bonus Prize"), as described below.
1.1.2 The eleven (11) Participants residing in Brazil and/or whose Products are eligible for the Campaign and registered in the Brazilian market ("Brazilian Participants") who have the best performance from November 6, 2002 at 12:00 a.m. (BRT) to November 12, 2002 at 11:59 p.m. (BRT), i.e., who obtain the highest Net Revenue during this period, will receive an extra prize consisting of a kit with items from the Company ("Extra Prize"), pursuant to item 6 of these Terms and Conditions.
1.2 Participation in the Campaign is voluntary and implies acknowledgment and acceptance of all the terms and conditions of these Rules.
1.2.1 Notwithstanding, once the User register to participate in the Campaign on its landing page, as provided in item 4 of these Rules, they will not be able to unregisterand will participate in the Campaign until the end of the Effective Period.
2.1. The terms below In these Rules, the terms below are defined as follows:
- Announcement Dates: The dates on which the Winners are announced, as set forth in item 6.4 herein.
- Applicable Territories: Brazil and abroad.
- Calculation Periods: The period for calculating the Individual Goals achieved by the Participants, i.e., seven (7) days from the end of the final date of the Campaign Period.
- Campaign Period: the period of product sales that will be considered for the purpose of verifying the achievement of the Individual Goal.
- Company Platform or Platform: Both the hotmart.com website and its subdomains, and any other websites, interfaces, or applications on which Hotmart makes its resources available.
- Completed Sales: Complete sales of products registered on Hotmart, i.e., products for which refunds and/or chargebackswere not requested by customers within the period allowed for refunds (chosen by the Participant).
- Effective Period: The Campaign’s total Effective Period.
- Individual Goal: The individual Sales growth target established for each Participant during the Effective Period, to be established in milestones of twenty-five percent (25%), fifty percent (50%), seventy-five percent (75%), and one hundred percent (100%).
- Net Revenue: The revenue obtained from approved and completed sales of products registered on the Hotmart Platform during the Campaign Period. This amount represents the net revenue, i.e., after discounting the Company's fees and commissions for affiliates and/or cocreators, calculating the Participant's earnings as a Platform User. This amount might suffer reductions due to eventual refunds, canceled and/or expired purchases.
- Participants: All registered and active Hotmart Users who meet all the eligibility requirements set forth in item 4 below.
- Rules: All the rules and conditions set forth in this instrument.
- Users: Creators, cocreators, and affiliates of the Company's Platform.
- Winner(s): All Participant(s) who achieve their Individual Goals during the Campaign Period.
3. Validity and Territory:
3.1. This Campaign is directed to Participants located in the Applicable Territories and will take place between November 1, 2022 and February 28, 2023 ("Effective Period").
3.2 In this Campaign, the sales period for the Participants' products that will be calculated for purposes of verification of achievement of Individual Goals will start on November 1, 2022, at 0:00 a.m., Brasilia time (BRT), and will end on December 4, 2022, at 23:59 p.m., Brasilia time (BRT), considering the Net Sales made only in the aforementioned period ("Campaign Period"). Participants acknowledge and agree that if Sales are generated before or after the Campaign Period, such amounts will not be counted for the purposes of this Campaign.
4.1 All active and registered Hotmart Users will be eligible to participate in the Campaign, provided that they meet the following requirements ("Participants"), namely:
(a) Register for the Campaign through the link provided on the Black November landing page from October 03, 2022 to December 04, 2022; and
(b) Have a registered and active Hotmart account.
4.1.1 All products sold in the Hotmart account registered in the Campaign, provided they are active, without any caveat and/or request for adjustment, and that comply with these Rules, are eligible for the purposes of calculating Sales and the achievement of the Individual Goals in this Campaign.
4.1.2 The following are expressly prohibited from participating in the Campaign: (i) persons under the age of eighteen (18) or minors according to the applicable law of their country; and (ii) Hotmart employees.
5. Mechanics of the Campaign:
5.1. The Campaign, as set forth in item 1.1 above, will consist of monitoring and assessing the growth of the Participants' Sales during the Campaign Period, for the purposes of granting Prizes, in the event that the Individual Goals are achieved by said Participants by the end of the Campaign Period.
5.1.1 The Individual Goals will be calculated and made available to Participants on the Company's Platform. Individual Goals will obey the following variables: (i) the currency chosen by the Participant when registering for the Campaign, with the options being: American dollars, euros and Brazilian reais; and (ii) the Participant’s average Net Sales considering the period between July 1, 2021 and July 31, 2022; or, if the Participant doesn’t obtain Net Sales during this period, (iii) the minimum average Net Sales for each currency chosen, in the amounts of BRL 2,900.00 (two thousand nine hundred reais), EUR 900.00 (nine hundred euros), or USD 1,200.00 (one thousand two hundred U.S. dollars).
5.1.2. The evaluation criterion to determine the Campaign’s Winners will be the Net Sales calculated during the Campaign Period, related to the product(s) registered by the Participant on Hotmart, as well as the fulfillment of the milestones of the Individual Goals during said Period, respectively.
5.1.3. Sales will be calculated according to the following formula: sales price of the Participant's product(s) to the end consumer x volume of product(s) sold, i.e., the total quantity sold minus the Company's fees, commissions for affiliates and/or cocreators, as well as any refunds, chargebacks, and canceled or expired purchases. The calculation will take into account the sales made between November 01, 2022, at 0:00 a.m., Brasilia time (BRT) and will end on December 04, 2022, at 11:59 p.m., Brasilia time (BRT).
5.2 Participants will be eliminated from the Campaign if (a) they obtain a refund rate equal to or greater than fifteen percent (15%) of the sales during the period between November 1, 2022 and December 4, 2022, and/or (b) a chargeback rate equal to or greater than one point five percent (1.5%) of the sales during the period between November 1, 2022 and December 4, 2022.
6. Prize and Winners:
6.1 For all Participants, upon registration for the Campaign, the following base prizes will be awarded: (i) a toolkit for affiliates; (ii) a toolkit for creators, and (iii) participation in a special tab in Hotmart's Affiliate Marketplace, where products will be ranked based on blueprint and temperature indicators; and (iv) Exclusively for eligible Participants, a twenty percent (20%) fee discount on the D+2 Scheduled Payment Advance, proportional to the number of days payment was advanced, pursuant to clause 6.1.3. below ("Base Prizes").
6.1.1 It is emphasized, however, that the items (i) and (iii) of the Base Prizes will only be granted to Participants who meet the basic Hotmart affiliate marketplace criteria, namely: (a) having the affiliate program activated, and (b) having product(s) published in the Hotmart affiliate marketplace.
6.1.2 Participants who, in addition to registering for the Campaign, (i) set up a discount coupon (in the amounts 10%, 20%, 30%, 40% or 50%) for any products registered on the Platform using the flow of the Campaign page and (ii) whose product has a product page set up have the possibility to get their product featured in the special section of the Marketplace during the Campaign Period.
6.1.3 The discount of 20% (twenty percent) on the D+2 Scheduled Payment Advance Fee indicated in item (iv) above is valid exclusively for eligible Participants in Brazil who are using for the first time the "D+2 Payment Advance"("D+2 Discount") and are participating in the Hotmart Campaign. The D+2 Discount will be granted to eligible Participants solely and exclusively for from November 1, 2022 to December 31, 2022.
6.2 All Participants who reach at least one (1) of the Individual Goal milestones during the Campaign Period, which are 25% (twenty-five percent), 50% (fifty percent), 75% (seventy-five percent) and/or 100% (one hundred percent), will be considered winners of the Campaign.
6.2.1 The Prizes referring to this Campaign will be awarded to the Winners, as shown below, upon each achievement of the Individual Goal milestones:
(i) Winners who achieve twenty-five percent (25%) of their Individual Goal in the Campaign will be entitled to the following Prizes: (i) 1 (one) 70% (seventy percent) discount coupon for any of the Hotmart Extensions annual plans (except for the Sales Accelerator Plan), for new subscriptions or upgrades; (ii) 2 (two) free months of access to Canva Pro; and (iii) access to the 1st (first) episode of the Campaign’s "Hotmart Stars Journey" web series.
(ii) Winners who reach 50% (fifty percent) of their Individual Goal in the Campaign will be entitled to the following Prizes: (i) access to the 2nd (second) episode of the Campaign’s "Hotmart Stars Journey" web series, and (ii) access to a special selection of talks from FIRE FESTIVAL 2022 until December 31 and (iii) the possibility of acquiring BIZ ticket(s) for Fire Festival 2023, until December 31, 2022, in the amount of BRL 1,587.00 (one thousand five hundred and eighty-seven reais) or the corresponding amount converted into the Winner's currency on the day of the ticket purchase.
(iii) The Winners who reach 75% (seventy-five percent) of their Individual Goal in the Campaign will be entitled to the following Prizes: (i) access to the 3rd (third) episode of the Campaign’s "Hotmart Stars Journey" web series, and (ii) participation in an exclusive group with the delivery of strategic and operational information on digital marketing and various topics about the corporate world; and
(iv) The Winners who reach 100% (one hundred percent) of their Individual Goal in the Campaign will be entitled to the following Prizes: (i) access to the 4th (fourth) episode of the Campaign’s "Hotmart Stars Journey" web series, (ii) participation in a bonus live event on the theme of the web series (together with items i, ii and iii above, "Prizes") and (iii) the possibility to compete for the Bonus Prize, described below.
6.3 Additionally, for the Winners who reach 100% (one hundred percent) of their Individual Goals, an email containing a link toa form ("Questionnaire") with a few questions, will be sent on December 13, 2022, by 12:00 p.m. (BRT), which must be answered to be eligible for the Bonus Prize. Winners can answer the Questionnaire until 11:59 p.m. on December 16, 2022, and must indicate, in the Questionnaire, the language in which they prefer to receive the Bonus Prize, should they win.
6.3.1 For the purposes of this Campaign, the "Bonus Prize" is an onlinementorship with Hotmart experts, which will be offered to nine (9) Winners, three (3) of which will be offered in Portuguese, three (3) in Spanish, and three (3) in English.
6.3.2 The top 3 (three) places in each of the 3 (three) languages, i.e., those who have answered the most answers correctly, will be entitled to receive the Bonus Prize.
188.8.131.52 In the case of a tie for the number of questions answered correctly, the following tie-breaking criteria will be considered, respectively: (i) shortest time to answer the Questionnaire; (ii) lower chargebackrate during the Effective Period, and (iii) lower refund rate during the Effective Period.
184.108.40.206.1 If the tie-breaking criteria above are not sufficient, a drawing will be held among the eligible Winners to verify the awarding of the Bonus Prize, the date and operation details of which will be informed via email.
6.4 During the week starting on November 6, 2022, 12:00 a.m. (BRT) until November 12, 2022, 11:59 (BRT), the 11 (eleven) Brazilian Participants who obtain the highest Net Revenue will be awarded an Extra Prize, which consists of 1 (one) kit with office supplies, 1 (one) photo album, 1 (one) ceramic mug, and 1 (one) instant photo camera with photo pack.
6.5. The announcement of the Winners in each milestone of the Individual Goals and, consequently, of the respective Prizes, will take place on December 12, 2022, by means of the email registered on the Company's Platform. In turn, the announcement of the Bonus Award Winners will be made via email by December 21, 2022 ("Announcement Dates").
6.5.1 The Winners of the Bonus Prizes will be contacted via the email registered on the Company's Platform by December 30, 2022 with the information regarding dates, times, and the topic of the mentorship. It will be up to each Winner to choose one of the dates and times provided by the Company for their mentorship, respecting the deadline of February 28, 2023.
6.5.2. The Winners acknowledge and are in agreement with a few additional rules for the use of the Bonus Prize, which are: (i) each consultancy will have a maximum duration of 1h30 (one hour and thirty minutes) and will not be extended in case of delays on the part of the Winner for any reason; (ii) only the Winner may participate in the consultancy, being hereby assured that they may not transfer their consultancy to third parties; and (iii) in case of unavailability to attend on the scheduled date and time, the Winner must inform the Company of such unavailability at least twenty-four (24) hours in advance through the contact info that will be made available by email, so that the Company may contact them again to reschedule the consultancy.
7. Company Responsibilities:
7.1 It is the sole responsibility of each Participant to provide correct, complete, and truthful information when registering for the Campaign, since this information will be used to identify the Participant and possibly award the Prize. Thus, the Company will not be responsible for incorrect, incomplete, and/or untruthful information provided by the Participant, nor if, because of this, it is unable to contact the Winner and/or award the Prize. Participants are also responsible for regularly checking their incoming calls or messages received by phone and/or email in case they have won.
7.2 The Company's liability to Participants ends when the Prize is awarded, including (but not limited to), with respect to the defects and/or problems thereof, as well as with respect to the manner the Prize is used.
8. General Provisions:
8.1. Participants who do not meet the requirements set forth in these Rules, or who practice or attempt to practice fraudulent acts or violate these Rules, will not be entitled to the Award. Fraud, for the purpose of this section, is defined as obtaining advantages and/or benefits in an illicit manner.
8.2 Participants grant the Company authorization to use their image, voice, and/or testimonials regarding their participation in the Campaign, which may be disclosed in internal and/or external campaigns, including the broadcasting of videos and/or edited photos on the company's social media profiles, such as Facebook, Instagram, Twitter, websitesand every type of digital vehicle that exists or might exist, for an indeterminate period of time throughout the national and/or international territory. The authorization for the use of one’s image and/or voice does not constitute any kind of right or benefit to the Participant, and may be used by the Company or not.
8.3 The Participants undertake to maintain strict, total and absolute secrecy and confidentiality about the object of these Rules and the Campaign, as well as all information, data, and documents eventually shared by reason of 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 Campaign.
8.3.1 The Participants hereby acknowledge and agree that there will be no disclosure of a performance list and/or ranking related to this Campaign. Communication with the Winners will be made exclusively by email and on the Campaign's landing page on thedates indicated above.
8.4 Hotmart also reserves the right, at any time, upon prior notice, to modify the Campaign’s criteria and/or determine its termination, in the event it finds fraud, technical difficulties, or any other factor beyond its control, which provides any risk to the Campaign, at the sole discretion of Hotmart. If Hotmart modifies, cancels, or suspends the Campaign, the company will not incur any liability as a result of such actions, it being further understood that Hotmart will not be liable to any Participant for any expense or damage, even if special, direct, indirect and/or incidental, incurred.
8.5 By participating in this Campaign, under the terms of these Rules, the Participants are aware that the Company may use and share the data provided for the purposes necessary for the proper execution and conclusion of this Campaign, and for any contact with the Participants, in accordance with applicable law.
8.7 Brazilian Law applies to the Campaign, in all disputes arising from its execution and/or from these Rules, including, but not limited to, its disclosure, execution, participation and awarding, and the exclusive Jurisdiction of choice of the parties for the resolution of conflicts arising from these Rules is the District Courts of Belo Horizonte, Minas Gerais, Brazil.