Win-Win Black November Rules

“BLACK NOVEMBER” ACTION REGULATION | HOTMART 2024

This regulation contains the rules applicable to the action called “Black November 2024” (“Action”), promoted by Hotmart, through Launch Pad Tecnologia, Serviços e Pagamentos Ltda., registered with the CNPJ/ME under the number 13.427.325/0001-05, based in the city of Belo Horizonte, Minas Gerais, at 499 Avenida Assis Chateaubriand, Bairro Floresta, ZIP 30.150-101 and/or its controlled, parent companies or under common control with its own control (“Company”).  

1. 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 some mechanics, being: 

1.1.1. The first mechanics consists 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 100% (one hundred percent) of achievement of their Individual Goal in time for the Calculation Period (“First Mechanics”).

1.1.2. The second mechanics, in turn, will consist of establishing a performance ranking based on the Net Revenue derived from Participants Complete Sales made during the Action Accounting Period, which will be segmented into 4 (four) 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”). 

1.1.3. The third mechanics will consist of evaluating and rewarding the Participant who obtains, during the Action Accounting Period, the highest Net Revenue of all Categories (“Third Mechanics”). 

1.1.4. In addition to the mechanics described above, for Participants from Brazil who meet all the requirements listed in item 6 of this document, there will also be 1 (one) bonus mechanics, which will be available outside the Action platform (“Bonus Mechanics”).

1.1.5. Action Prizes will be rewarded 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. 

1.2. Participation in the Action is voluntary and implies knowledge and acceptance (i) of all terms and conditions of these Regulations and (ii) of receiving communications about the Action.

1.2.1. Once the Participant registers on the Platform using this link, as provided in item 4 of these Regulations, they cannot unsubscribe and they will participate in the Action until the end of the Validity Period. 

2. 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, and 4. The Categories are defined according to the Participant's business moment in the Company and will only be communicated to the Winners when the result of the Second Mechanics is announced. It is not possible to request a Category change for any reason, including but not limited to an increase in Net Revenue during the Action.
• Disclosure Dates: means the date of disclosure of the Winners, set out in item 7.8 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.
• Winner (s): means (i) all Participant(s) who achieve, at the time of the Accounting Period, 100% (one hundred percent) of the Individual Goals, for the purposes of the First Mechanics; (ii) the first 10 (ten) Participants in the ranking of each Category, for the purposes of the Second Mechanics; (iii) the Participant with the highest Net Revenue in the entire Action, for the purposes of the Third Mechanics and (iv) the Participants who meet the requirements, achieve 100% (one hundred percent) of the Individual Goals and stand among the first 5 (five) Participants on the ranking of their Category, for the purpose of the Bonus 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 awarded if they achieve 100% (one hundred 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 Period: means, for the First, Second, Third, and Bonus Mechanics, respectively, the period for determining the achievement of the Participants' Individual Goals and the position in the ranking of each Category by the Participants, that is, until December 14, 2024.
• Accounting Period: means the sales period of Participants' Products to be counted for the purpose of verifying Participants' Individual Goals, for Mechanics purposes. 
• Validity Period: means the total period of validity of the Action.
• Company Platform or Platform: means both hotmart.com website and its subdomains, as well as any other websites, interfaces, or applications on which the Company makes its resources available.
• Base Prize: means the base prize awarded to Participants for registering in the Action. 
• Users: they mean the Creators, Co-Creators, Affiliates, and Hybrid Users (platform users who combine more than one of the above-mentioned profiles) of the Company Platform.
• Regulation: means all the rules and conditions set out in this instrument.
• Full Sales: they mean the full sales of Products registered on the Platform, that is, whose refunds and/or chargebacks were not requested by customers within the period allowed for reimbursement and/or chargebacks (chosen by the Participant). 
• Applicable Territories: offices in Brazil and abroad.

3. Validity and Territory: 

3.1. This Action is directed at Participants located in the Applicable Territories and will take place between 10/01/2024 and 03/31/2025 (“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 11/01/2024, at 12 am Brasília time (GMT-3), and will end on the 12/07/2024, 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.

4. Eligibility:

4.1. All active and registered users of the Platform who meet the following requirements (“Participants”) will be eligible to participate in the Action, namely: (a) register for the Action on the Platform Action Panel, from 10/01/2024 to 12/07/2024; (b) have a registered and active account on the Platform; (c) have a Creator, Co-Creator, Affiliate, or Hybrid User profile; 

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 the knowledge and full acceptance of these Regulations by the Participant, as well as of the Terms of Use of the Platform and the Policies linked to it, including the knowledge and understanding of the Privacy Policy, by completing their 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.

5. Action Mechanics: 

5.1. The Action, as explained in item 1.1 above, will consist of 4 (four) 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 100% (one hundred percent) of the Individual Goals are achieved by the said Participants by 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 Net Revenue history; or, if the Participant has not obtained a certain Net Revenue history base yet, (iii) the Net Revenue goal will be fixed according to the chosen currency, which may be in the amounts of BRL 1,000.00 (one thousand reais) or BRL 4,000.00 (four thousand) reais, USD 500 (five hundred US dollars) or USD 1000 (one thousand dollars)) or EUR 400 (four hundred euros) or EUR 800 (eight hundred euros). 

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 100%( (one hundred percent) 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, in turn, will consist of establishing a performance ranking based on Participants' Net Revenue during the Action Accounting Period. For this mechanics, Participants will be divided into Categories, each with an exclusive ranking. The first 10 (ten) Participants on the ranking from each of the 4 (four) Categories will receive prizes by the rules set out in item 7 below. 

5.1.3. The Third Mechanics will consist of evaluating and rewarding the Participant who obtains, during the Action Accounting Period, the highest Net Revenue of all Categories. 

5.1.4. In addition to the mechanics described above, for Participants from certain Applicable Territories who meet all the requirements listed in item 6 of this instrument, there will also be a Bonus Mechanics, which will be available outside the Action Platform.

5.1.5. In the event of a tie in Net Revenue and/or ranking between Participants in the same Category, i.e., Participants with equal Net Revenue, the following will be considered as tiebreaker criteria, in order of priority: (a) higher percentage of achieving ranges for achieving the Individual Goal; (b) lower reimbursement rate for sales made in the Accounting Period; and (c) lower chargeback rate for sales made in the Action Accounting Period.

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.

6. Bonus Mechanics: 

6.1. Bonus Mechanics: Brazilian Participants (i) with a Creator or Co-Creator profile, (ii) who were accepted the proposal of a commercial representative of the Company in the year of 2024, will be eligible to participate in a bonus mechanics, which will consist of the creation of a performance ranking of these Participants, divided into 2 (two) Categories, based on the Net Revenue generated during the Accounting Period. Participants will be awarded if they meet the following requirements:

(i) Be in the top 10 (ten) positions of the START ranking or in the top 5 (five) positions of the ON ranking, divided into: (a) START Category - Participants with an average monthly revenue of less than R$55,000.00 (fifty-five thousand reais) and (b) Category ON - Participants with an average monthly revenue equal to or greater than R$55,000.00 (fifty-five thousand reais);

(ii) Have opted in to the Action; 

(iii) Achieve 100% (one hundred percent) of their Individual Goal in the First Mechanics; and 

(iv) Be active in the Hotmart ON program in the month of November 2024.

7. Prize and Winners:

7.1. Some of the following Base Prizes will be granted for Participants upon registration in the Action, namely: 

7.2. First Mechanics: All Participants who achieve 100% (one hundred percent) of their Individual Goals during the Accounting Period will be considered Winners of the Action’s First Mechanics 

7.2.1. The Prizes related to this Action will be awarded to the Winners as follows, subject to availability in the Applicable Territory of the Winner and other conditions of use:

7.3. Second Mechanics: All the first 10 (ten) Participants in each Category will be considered Winners of the Action’s Second Mechanics at the end of the Accounting Period. The Prizes awarded to the Winners of the Second Mechanics will be as follows:  

7.4. Third Mechanics: The Participant who obtains the highest Net Revenue at the end of the Accounting Period will be considered the Winner of the Action’s Third Mechanics. The Prize awarded to the Third Mechanics Winner will be as follows: 

7.5. Bonus Mechanics: Participants who meet all the requirements of the said mechanics, achieve 100% (one hundred percent) of their Individual Goals and are among the top 5 (five) Participants in the ranking of their Category will be considered Winners of the Bonus Mechanics. The Prizes awarded to Bonus Mechanics Winners are as follows: 

7.6. All Prizes for this Action are individual and unitary, i.e., only 1 (one) Prize will be awarded per account registered in the Action (for each Mechanics for which the Participant is eligible), and cumulative, if the Participant is the Winner of more than 1 (one) mechanics. 

7.7. All Prizes consisting of physical items in this Action require the sending of a full address to the Company, in order to enable delivery logistics. Winners must submit such information via the Action platform or by e-mail by January 31st, 2025, under penalty of losing the right to receive the said Prizes.

7.8. The announcement of the Winners of all Action Mechanics, except the Bonus Mechanics, and, consequently, of the respective Prizes, will take place as of December 15th, 2024, through the Winners' e-mail or WhatsApp, as well as on the Action Panel on the Platform. The deadline for the announcement of all the Prizes of these Mechanics is January 04th, 2025. The Winners of the Bonus Mechanics, in turn, will be notified by December 23rd, 2024, by e-mail or WhatsApp registered on the Platform. (“Disclosure Dates”). 

8. Company Responsibilities:

8.1. It is the sole responsibility of each Participant to provide correct, complete, and true information when registering for the Action, since these will be used to identify the Participant and to eventually award the Prize. Thus, the Company will not be responsible for incorrect, incomplete, and/or untrue info provided by the Participant, nor if, as a result, it is unable to contact the Winner and/or grant the Prize. It is also up to the Participants to regularly check their calls or messages received by phone call and/or e-mail regarding their contemplation.

8.2. The Company's liability to the Participants ends at the time the Prize is awarded, including (but not limited to), with respect to vices or defects and/or problems with the Prize, as well as with regard to the manner in which the Prize is used.

9. General Provisions: 

9.1. Winners who do not meet the requirements set out in these Regulations or who commit or attempt to commit fraudulent acts or in violation of these Regulations will not be entitled to the Prize. For the purpose of this item, it is considered fraud to obtain advantages and/or benefits illegally.

9.2. The Participant grants the Company authorization to use their image, voice sound and/or testimonials related to participation in the Action, which may be published in an internal and/or external campaign, including the posting of videos and/or photos edited on the company's social networks, such as Facebook, Instagram, Twitter, websites, and any type of digital vehicle that exists or that may exist for an indefinite period throughout the national and/or international territory. The granting of the use of image and/or voice sound does not constitute any kind of right or benefit to the Participant, and it 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 these Regulations and Action, as well as all information, data, and documents that may be shared by reason of this instrument, and undertake 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, owing to such condition of confidentiality will 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 a list and/or performance ranking related to this Action. Communication with the Winners will be made exclusively by e-mail 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 criteria of the Action, add or change the Prizes and/or determine their closure, at its sole discretion and/or in the event of fraud, technical difficulty, or any other factor beyond its control and that brings some risk to the Action. If the Company modifies, cancels or suspends the Action, the Company will not incur any liability as a result of those actions, and it is also certain that the Company will not be responsible in relation 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 these Regulation, 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 Action, and also for possible contacts with the Participants, in accordance with the applicable legislation. 

9.6. By taking part in the Action, Participants are also subject to all of the Terms of Use and Company Policies. 

9.7. Brazilian law 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 award, and the exclusive forum for the election of the parties to resolve conflicts arising from these Regulations is that of the District of Belo Horizonte, MG, Brazil.