Last update: July 1, 2017
- Easypromos only uses details of its users to facilitate the successful operation of the promotions. Easypromos will NEVER utilize details of registered users for any other reason.
- Easypromos cannot be held responsible for the prizes, products or services offered to users through the promotions.
- Easypromos offers the CLIENT the chance, if they desire it, to use a platform for randomly selecting promotion winners. This system allows you to choose the winners and/or alternates of a promotion. Under no circumstances can Easypromos be held responsible for any misuse of, or malfunction relating to, the platform for generating random prize draws.
- Under no circumstances will Easypromos take part in the carrying out of a prize draw. Instead it places at the disposal of the CLIENT a tool for generating random combinations, as explained in this document.
- Easypromos reserves the right to unpublish and delete any promotion at any time. The promotion administrator will be notified in advance. If he or she does not respond within 24 hours, the promotion will be unpublished.
- Easypromos will not refund the price of a promotion once it has been paid.
- The promotion administrator is responsible for complying with Facebook, Instagram, Twitter and Google’s promotion guidelines, and for conforming to the current legislation in the countries and/or territories affected by said promotion or contest.
- The promotion administrator is responsible for complying with Facebook's promotions guidelines and accepting the legal basis of the promotion.
- The promotion administrator is responsible for the content and running of said promotion.
- The promotion administrator is responsible for all the information, inserted and associated, of users who register for the promotion.
- The administrator should indicate in the promotion's Conditions of Use what use will be made of a participant's details and said administrator should obtain the consent of participants for treatment of their personal details.
- The administrator is responsible for selecting and notifying the winners and for delivering the prizes, products or services offered in the promotion.
CONTRACT TERMS FOR THE ACTIVATION OF PROMOTIONS AND CONTESTS VIA EASYPROMOS APPLICATIONS
- WHAT IS THIS DOCUMENT?
- This text is the CONTRACT that governs the relationship between EASYPROMOS (EASYPROMOS, S.L., with Tax ID Code B-65576878, located at 17001 Girona, Guell, 58, and registered in the Barcelona Commercial Register, Volume 42607, Folio 68, Page B 411440) and You (the CLIENT) in contracting the activation of promotions with our EASYPROMOS applications, whether it be via our website (www.easypromosapp.com) or from our Facebook application.
- Read this document carefully. Here are the conditions that govern contracting the activation of promotions and contests through an EASYPROMOS application, the rights and obligations of both parties, the information regarding the buying process and the conditions of use of the Facebook application, among other matters.
- Please note that these General Conditions comply with the provisions of the current legislation on the subject.
- ACCEPTANCE AND VALIDITY OF THE GENERAL CONDITIONS
- These General Conditions are binding for both parties. The CLIENT will be tied to each one of these General Conditions without exception upon contracting an EASYPROMOS application, it being their obligation and responsibility to read them previously.
- During the course of your order, prior to authorizing payment, the CLIENT must accept these General Conditions. If you are not satisfied with them, do not proceed with the contracting process, given that such conditions will be applicable in all cases.
- This contract will be binding and will remain valid for the length of time that your promotion is active. This is not withstanding the responsibilities that the CLIENT may incur from using the application.
- OUR PRODUCT: EASYPROMOS APPLICATIONS FOR FACEBOOK
- Upon signing up for the activation of a promotion or contest through the EASYPROMOS application, the CLIENT acquires only a license or temporary rights of use of said application, through which the CLIENT can create and manage promotions and contests from his or her Facebook page. THE CLIENT receives no ownership rights over the application, or its contents, which are entirely owned by EASYPROMOS.
- EASYPROMOS provides the CLIENT with a web platform with secure and protected access from which to create, configure, activate, contract and manage any type of promotion offered on this webpage: http://www.easypromosapp.com/applications
- Some of the promotions types on offer may come in different versions according to the features required. The versions are: Basic, Premium and White Label.
- Types of EASYPROMOS promotions:
- EASYPROMOS BASIC Application: rights to use the application for creating and managing one (1) BASIC promotion within the Facebook platform, which will be active between the dates defined by the CLIENT.
- EASYPROMOS PREMIUM Application: rights to use the application for creating and managing one (1) PREMIUM promotion within the Facebook platform, which will be active between the dates defined by the CLIENT.
- EASYPROMOS WHITE LABEL Application: rights to use the application for creating and managing one (1) WHITE LABEL promotion within the Facebook platform, which will be active between the dates defined by the CLIENT.
- To learn the characteristics and features of each version of the EASYPROMOS applications click here.
- PRICING POLICY
EASYPROMOS offers four types of different prices depending on the contracted service and CUSTOMER needs
- Payment for a single promotion: a fee is charged for each contest contracted. Rates vary according to the type of promotion and version selected.
- Payment for packages of individual promotions: the client can purchase packages of individual promotions (packages of 5, 10, 15 or 20 individual promotions) with a single payment, obtaining a discount on the price of an individual promotion. As with individual promotions, the CLIENT will be able to contract packages of the three types of EASYPROMOS promotions: Basic, Premium or White Label.
- Payment by monthly subscription: A monthly subscription, enabling the carrying out of unlimited EASYPROMOS promotions (Basic, Premium or White Label) during the period contracted. The monthly subscription can be made for just one Facebook page, or for unlimited pages.
- Payment by yearly subscription: A yearly subscription enabling the carrying out of unlimited EASYPROMOS promotions (Basic, Premium or White Label) during the period contracted. The yearly subscription can be made for just one Facebook page or for an unlimited number of pages.
- Payment for feature extension: the client may enable extensions during configuration of the promotion, providing extra features.
CONDITIONS OF PRICES AND METHODS OF PAYMENT
- Prices will be applied in Euros for all those promotions in which the CLIENT contracting the EASYPROMOS license resides in a country that has the Euro as official currency. In all other cases, prices will be applied in dollars. Prices include indirect taxes that may apply depending on the CLIENT’S country of residence.
- Payment can be made with credit card through the Adyen payment gateway, or via PayPal. In the aforementioned payment gateway, the CLIENT will be asked only for information regarding the credit card, which will be stored by the payment gateway itself. At no point will EASYPROMOS store a CLIENT’S credit card or bank details, only using the CLIENT’S data to generate the corresponding invoice.
- In no case will EASYPROMOS refund a payment that has already been made.
- The cost of an upgrade from an EASYPROMOS BASIC to an EASYPROMOS PREMIUM license in any of the EASYPROMOS price types is $85 USD (65 €), taxes not included. PRICING POLICY OF EASYPROMOS PROMOTIONS
EASYPROMOS offers four different price patterns depending on the service contracted and the needs of the CLIENT.
SPECIAL CONDITIONS FOR MONTHLY AND YEARLY EASYROMOS SUBSCRIPTIONS
- The subscription will be renewed automatically every 30/365 days unless the CLIENT notifies EASYPROMOS of the cancellation of the service at least one month prior to the expiration of the month/year contracted.
- In the event that a CLIENT is unable to make a monthly/yearly payment, EASYPROMOS can cancel said subscription, in which case the rules regarding cancellations, as outlined in the following section, will apply.
- THE CLIENT may cancel the monthly/yearly subscription, at any time, from the administration panel. Said cancellation means:
- That from the month/year following the payment already collected, the automatic subscription charge will no longer be made.
- That any contests which would have been active and not yet finalized at the time of cancellation will be deactivated, meaning that the contest will cease to be publically visible and no new users will be able to take part after the cancellation date. However, the CLIENT will be able to continue to access the contest in order to extract information about the participants.
- EASYPROMOS does not give refunds for payments already made. Thus, once a monthly/yearly subscription has been purchased, the CLIENT will not be able to waive the purchase and request a refund for the amount paid for the subscription. The cancelation of the subscription will be carried out in accordance with the rules of subscription cancelation set out in paragraph 4 of these conditions.
- In the event that a payment cannot be made for reasons not attributable to EASYPROMOS (expiration of the card, insufficient funds, etc.) EASYPROMOS may automatically cancel the subscription.
- The CLIENT may make a change of plan at any time. However, if the change is to a lower level of plan, then in no case will the price difference between the previous plan and the new plan be refunded. Also, those promotions that were created in the original plan and not yet finalized at the moment of change – and that do not meet the conditions of the new plan – will be deactivated.
- ACTIVATION OF A PROMOTION AND CONFIRMATION OF THE PROCESS OF CONTRACTING A USER LICENSE FOR THE EASYPROMOS APPLICATION
- The promotion or contest will only be activated once the CLIENT has paid the corresponding cost for the chosen license. Once the payment has been verified, the application will be activated and the promotion published immediately.
- Once the payment has been made, the payment platform will send the CLIENT an email confirmation within a maximum of 24 hours, informing the CLIENT that the charge has been made. Said email confirmation will be sent to the email address provided by the CLIENT during the purchasing process, and to the email address used to register to EASYPROMOS.
- If you wish to save a confirmation of the activation of your promotion, then you should return to the EASYPROMOS application after carrying out a payment. From there, you can print or save the confirmation screen and check that your promotion is active by verifying the “Active” tab in the Promotions Administration Panel.
- Nonetheless, in compliance with article 28.1.a) of Law 34/2002, of 11 July, regarding the services of the information society and electronic commerce, EASYPROMOS will confirm the procurement via a confirmation email within a maximum of 24 hours after EASYPROMOS has become aware of the payment.
- If you require an invoice corresponding to the payment, this can be downloaded from the CLIENT’S control panel or requested by sending an email to the following address: email@example.com
- AFFILIATE POLICY
- Any existing client of EASYPROMOS can automatically access the EASYPROMOS REFERRAL SYSTEM. An existing client is any user who has made at least one payment to EASYPROMOS.
- EASYPROMOS can also authorize access to the referral program to users who are not yet clients of EASYPROMOS. Interested users should get in touch via this form and indicate the reasons why they wish to access the referral program.
- In order to gain access to the referral program control panel [REFERRING USER], the user must:
- Have an active EASYPROMOS account: https://admin.easypromosapp.com.
- Have access to the referral program authorized and enabled by EASYPROMOS. Existing customers are granted access automatically.
- Accept this referral policy.
- Users with access to the control panel of the referral program [REFERRING USERS] will have a unique referral link at their disposal. To refer, the REFERRING USERS must use this unique link.
- A user becomes a REFERRED USER of the REFERRING USER if he/she meets these three requirements:
- The user does not yet have an active EASYPROMOS account.
- The user accesses the EASYPROMOS WEBSITE. [https://www.easypromosapp.com and subdomains], via the REFERRING USER’S unique referral link, and, within 90 days, the user:
- Creates an EASYPROMOS account at https://admin.easypromosapp.com.
- Creates a Basic or Premium promotion and saves it as a draft.
- Accept this affiliate policy.
- They obtain a new REFERRED USER.
- One of their REFERRED USERS carries out a free Basic promotion.
- One of their REFERRED USERS makes a payment during their first year.
- EASYPROMOS has developed the Fraud Index tool for our CLIENTS to use when organizing contests. This tool enables the CLIENT to detect whether participants have engaged in fraudulent practices during the voting process.
- The types of fraudulent practices detected by the Fraud Index are:
- Vote buying.
- The use of multiple fake Facebook accounts. EASYPROMOS considers an account to be a fake when it is not linked to an authentic identity. You can read more about this in the Facebook Community Standards.
- The use of stolen or purchased Facebook accounts.
- The use of IT programs or tools to automate or semi-automate the voting process.
- The vote will not be counted.
- The user attempting to vote will be shown a message explaining why the vote has not been accepted.
- EASYPROMOS will register an internal alert linked to the participant. All vote alerts linked to participants will be available from the Dashboard of the CLIENT running the contest. The CLIENT will generally have full access to information relating to voting activity in the contest.
“The contest Organizer will use the Easypromos Fraud Index tool to verify the validity of votes received by contest participants. This tool will enable the Organizer to ascertain, upon finalization of the participation period, whether a participant has engaged in fraudulent practices to obtain more votes. If the Fraud Index of an entry is equal to or greater than 100%, then the Organizer reserves the right to disqualify the participant and declare his or her entry void.”
- The voting period has ended.
- The Legal Bases of the contest include a statement informing users that the Fraud Index will be used to validate the votes received by participants.
- The Fraud Index value exceeds 100%.
“The contest organizer informs you that the Validity Report has been generated by EASYPROMOS using the Fraud Index tool. This tool enables EASYPROMOS to calculate the probability that votes received by a participant have been obtained as a result of fraudulent practices. In the Validity Report provided you can see the number of votes received by your entry, as well as the Fraud Index which has been calculated on the basis of alerts detected by the Fraud Control System. The Validity Report has been generated automatically, based on the alerts registered in the votes received. Therefore there is no possibility that the contest organizer has been able to manipulate the value of the Fraud Index.”
VIDEO HOSTING EXTENSION SERVICES
- The CLIENT may contract the Video Hosting services provided by EASYPROMOS, which consist of enabling promotion participants to upload a video file directly to EASYPROMOS to participate in the promotion developed by the CLIENT through the platform.
- For the provision of this service, EASYPROMOS will subcontract the services of VIMEO Inc. which, through its VIMEO PRO platform, enables the hosting, streaming and conversion of videos uploaded by users to EASYPROMOS.
- If the CLIENT decides to contract the Video Hosting Extension services, the CLIENT must communicate to promotion participants the limitations established by VIMEO regarding the content of videos that users may participate with.
- More specifically, when contracting these services, the CLIENT undertakes to inform users, via the legal bases that regulate the participation conditions of the promotion, about the provisions of the VIMEO guidelines regarding the limitations of video content.
- These guidelines include but are not limited to the following:
- It is prohibited to upload videos that violate the intellectual and industrial property rights of their owners, and/or use movie scenes, music or any other material that is subject to intellectual and industrial property rights.
- It is prohibited to upload videos which contain sexually explicit or pornographic material.
- It is prohibited to upload videos which are degrading or which include abuse or harassment, videos which violate privacy or which contain acts of defamation or discrimination.
- It is prohibited to upload videos which represent or promote violence, or which contain extreme violence, abusive treatment, self-harm or mistreatment of animals.
- EASYPROMOS offers the CLIENT, as part of its service, the integration of third-party applications in the EASYPROMOS platform, with the aim of providing a more agile and effective service for managing the user database generated through the platform.
- The integration with third-party applications may be carried out whenever the CLIENT expressly authorizes said integration through the platform enabled by EASYPROMOS. In this sense, the CLIENT authorizes the access of applications that he or she wishes to integrate into the database generated via the EASYPROMOS platform.
- EASYPROMOS shall maintain in all cases the security measures necessary for the protection of personal data.
- LACK OF RIGHT OF WITHDRAWAL: The licenses of use for EASYPROMOS applications are based on computer files provided electronically, made for immediate use. Because of this, in accordance with current legislation, once the application has been contracted, the CLIENT may not cancel the purchase and get a refund on the payment made. In any case, remember that some of the modalities of EASYPROMOS, such as BASIC applications, offer a free license with which to test out the platform.
- CANCELLATION OF THE LICENSE AND TERMINATION OF THE CONTRACT BY THE CLIENT: The CLIENT may terminate this licensing contract and deactivate the contracted application at any time. To do so, THE CLIENT must send their cancellation request by email to firstname.lastname@example.org. EASYPROMOS will under no circumstances refund the payments made by the CLIENT.
- CANCELLATION OF THE LICENSE AND TERMINATION OF THE CONTRACT BY EASYPROMOS:
- EASYPROMOS may terminate this licensing contract and cancel and deactivate the promotion without giving any type of notice or prior notification to the CLIENT if it receives a report of misuse from Facebook, Instagram, Twitter, Google or any other relevant authority. In such cases, the CLIENT does not have any right to claim a refund of the sums it has paid nor compensation for damages incurred by them or by third parties, lost profits or any other cause.
- EASYPROMOS may also terminate the present licensing contract and cancel or deactivate the application without giving any type of notice or prior notification to the CLIENT if Facebook, Twitter, Instagram or Google modify its promotions and/or applications policy in such a way as to make the use of the application contracted by the CLIENT unviable, whether for legal or technical reasons, or for any other reason that does not depend on EASYPROMOS. In such cases the CLIENT does not have any right to claim a refund of the sums it has paid nor compensation for damages incurred by them or by third parties, lost profits or for any other cause.
- The termination of this contract for any reason will entail the finalization of any maintenance, performance or installation obligations that fall on EASYPROMOS as a result of the application.
- THE CLIENT recognizes and expressly consents that all copyright, trademark and other intellectual and industrial property rights over the application or over the contents supplied as part of the application belong at all times to EASYPROMOS or to those who provided EASYPROMOS license for its use. The CLIENT may not use said material unless they are expressly authorized to do so by EASYPROMOS. However, they may print and download portions of material that are for their own non-commercial use, provided they agree not to change or delete any proprietary rights in said materials. The CLIENT agrees to use EASYPROMOS website and its contents in accordance with the law and the General Conditions (and subsequent amendments thereto) as well as the generally accepted good practices, uses and customs of the internet and public order. The unauthorized use of the materials and information contained on the website may result in the violation of the legislation on intellectual or industrial property and other applicable laws. Any infringement of these rights may lead to proceedings in civil, judicial or penal courts.
- Specifically, the CLIENT cannot use robots, spiders or other data mining or data extracting tools, nor manual processes for compiling or copying content or data related to the service in a form that is not authorized by EASYPROMOS. THE CLIENT cannot use meta tags or any other "hidden text" using the EASYPROMOS name and trademark without their authorization.
- EASYPROMOS is committed:
- To making sure that its applications comply strictly with the applications and promotions guidelines of Facebook, Instagram, Twitter and Google.
- To not taking part in the prize draws or interfering with, or influencing in anyway, the development of the promotion or in the choosing of the prize winners, who can be selected through the mechanism described in section 10.2 c) of the current terms.
- The CLIENT recognizes, agrees and accepts that:
- The application is standard software that has not been made to meet the individual specifications of each CLIENT.
- It is not possible to run the application in such a way as to not incur errors under any circumstances, as said application may experience errors or even become disabled due to the modifications or technical incidences of third-party development platforms such as Facebook, Twitter, Instagram or Google.
- EASYPROMOS offers a variety of mechanisms for determining, publishing and notifying the winners and/or alternates of a promotion. The mechanism will depend on the type of promotion carried out, for example a voting contest, an Instant Winner contest, a knowledge-based contest, a promotional code, or a random sweepstakes.
- There are two options for determining winners and/or alternates via a random sweepstakes:
- Option 1: The promotion administrator manually enters the winners of the sweepstakes carried out previously by the administrator by means of the mechanism chosen to run the sweepstakes.
- Option 2: The EASYPROMOS application includes a tool that has been verified before a notary. CLIENTS can use this tool (hereinafter referred to as “Sweepstakes Tool”) to run a sweepstakes 100% randomly from the platform, as specified in point 13 of Terms and Conditions.
In accordance with the second procedure for obtaining winners outlined in point 12.2, the Promotion Administrator can choose to use the Sweepstakes Tool available via the Easypromos application.
The procedure for obtaining winners with the Sweepstakes Tool has been verified by a notary by means of notarial verification dated June 16, 2017, before the notary Mr. Celso Méndez Ureña in Madrid, proving that (i) the sweepstakes carried out via the Easypromos tools are random and that (iii) the Certificates of Validity thus obtained cannot be deleted and/or modified. The process of running a sweepstakes via the Easypromos application is as follows:
- The sweepstake will be run among the finalists determined by the promotion administrator.
- Each finalist can have one or more participations in a specific prize draw, according to the established by the Administrator on the Legal Terms of the prize draw.
- In case the Administrator allows several entries in a prize draw for the same finalist, participations will be assigned in a consecutive way by the assignment of numbers to the finalists starting from 0. That is, if the same finalist has been assigned 3 participations, participations 0, 1 and 2 will correspond to this finalist, and so on and so forth for the rest of the finalists.
- The Administrator can establish the number of winners and alternate winners for the prize draw.
- Once the number of winners and alternates has been determined by the administrator, EASYROMOS will carry out a sweepstakes via a random integer selection mechanism.
- To randomly select the first winner, a random number between 0 and the final participation number will be obtained. The number selected will determine the winning participation. If there are new winners, the winning user will be eliminated, along with his or her participations, and the participation numbers will be reassigned so that they are correlative again. A random number between 0 and the final participation number will then be obtained once more. This procedure is carried out to determine each winner and alternate.
- Once the winners and alternate winners have been obtained by means of this mechanism of random selection, EASYPROMOS will proceed to save this information and the prize draw administrator will no longer be able to repeat the selection process of winners and/or alternate winners.
- After carrying out the prize draw and once the winners and alternate winners have been obtained, EASYPROMOS will issue a Certificate of Validity, which certifies the method used and the winners and alternate winners that have been obtained by means of this mechanism.
This certificate will only be issued once per each prize draw without being able to do any change and/or modification in this certificate. All Certificates of Validity generated will be published immediately at https://sweeps.easypromosapp.com/certificates
- EASYPROMOS declines any liability for information or content not directly managed by it.
- In particular, EASYPROMOS remains exempt from all liability as regards the content that the CLIENT incorporates, divulges, develops and manages through EASYPROMOS applications, as well as the use that the CLIENT or third party makes of this content or of the EASYPROMOS application itself. By way of example and without limitation to the following, EASYPROMOS is in no way responsible for:
- The quality or conformity of the products, services or prizes offered by the CLIENT through the application.
- The compliance of tenders and promotion conditions.
- The legality and/or veracity of the publicity, information, conditions and any content published by the CLIENT or by third parties, whether directly or through links.
- The infringement of the rights of third parties or any other infringements arising from the content which the CLIENT incorporates into the application or from the use of said application.
- The infringement of the rights of third parties or any other infringements that arise from the conduct, actions or contents of the promotions/contests that the CLIENT creates and/or manages through the EASYPROMOS application.
- Civil, criminal or administrative offences or any other liability for violations or illegal acts which are not derived from deliberate conduct by EASYPROMOS.
- Any failure in the random prize draw platform www.random.org, including a lack of availability, maintenance or effective functioning of said platform and/or its services, and also excluding, to the maximum effect permitted by the law, any liability for damages of any kind which may be attributable to that platform and which are not derived from deliberate conduct by EASYPROMOS..
- The existence of viruses, malicious or harmful programs in the random prize draw platform www.random.org, as well as illegal, negligent or fraudulent use or use that is contrary to the terms of the present General Conditions, or to the good faith of said platform.
- The payment of direct or indirect taxes related to the promotion.
- The content of other internet pages which may be accessed via links in the EASYPROMOS website.
EASYPROMOS places at the disposal of the CLIENT a communication service with support and assistance for the resolution of any doubts regarding operation of the application via email at email@example.com
EASYPROMOS reserves the right to make improvements, substitutions or modifications to the application or application code at any moment, with the aim of adapting the product to changes in Facebook's applications platform or introducing improvements in the operation of the product.
Easypromos meets all the requirements established in the Law 15/1999 of December 13 regarding Protection of Personal Data and its implementation regulations, and the provisions of Law 34/2002 of July 11, of Information Society Services. You can obtain more information in our Privacy and Data Protection Policy.
If any one of the provisions of this contract is rendered null and void, it will be ignored, but the rest of the agreement shall remain binding to both parties.
For any question, conflict or controversy that may arise with relation to the validity, interpretation, compliance and/or enforcement of these General Conditions and to the relation existing between the parties, these are expressly submitted to Spanish law and the jurisdiction of the Courts of Barcelona, expressly waiving any other law or jurisdiction unless different ones are made imperative by law.
If you need more information, contact us or consult our FAQs.