LEGAL BASES PROMOTION “Domex Dance Challenge”
The purpose of these regulations (hereinafter referred to as the "Regulations"), is to establish the terms, conditions and provisions that will govern the prize draw organized by DOMEX EXPRESO, SRL for the summer season of two thousand twenty-two (2022). ), addressed to all participating customers who use the services of DOMEX EXPRESO, SRL. According to the terms and conditions of the Regulations (hereinafter the “Sweepstakes”). *** DOMEX EXPRESO, S.R.L., a commercial company duly organized and existing in accordance with the laws of the Dominican Republic, holder of the National Taxpayer Registry (RNC) no. 1-01-66483-5, with main registered office at Calle Plaza La Trinitaria no. 4, El Millón, National District, Dominican Republic; which hereinafter will be called "DOMEX" or by its full corporate name;
By virtue of the provisions established in the General Law for the Protection of Consumer or User Rights No. 358-05, Resolution No. 009-2011 for the Regulation of Sweepstakes, Raffles and Contests in the Dominican Republic, based on the legality and transparency that characterize them, DOMEX will honor the commitment assumed by virtue of these Regulations with the Winners who have complied with the procedure and conditions established below:
Challenge Rules: I. Definitions. For all purposes and consequences of the Challenge and application of these Regulations, the terms listed below will have the following meaning: 1. Spring 2022: Period from March twenty-first (21) to May twenty (20), two thousand and twenty-two (2022). 2. Duration of the Draw: Defined in Article IV. 3. Client: Individual or corporate account that has a membership in Domex. 4. Participating Client: Client who meets the conditions established in articles 5.1.1, 5.1.2, 5.1.3 and 5.1.4 of the Regulations. 5. Additional Industry Charges: Expenses related to insurance, airport tax, fuel, customs management, service of the general direction of customs and storage, in which DOMEX must incur on behalf of and in favor of the Client to provide the Priority Service.
6. Participation: Form in which Clients may opt for the various Prizes object of the Draws, these being: a) Dance recreation challenges on social networks.
7. Participating Accounts: These are the accounts of the social networks of the clients that carry out the different challenges such as posting on their Instagram, that have the Participating Hashtags and that have complied with all the steps of the participation mechanism with the tag to the right. official Domex account and the account of the influencer who decided to do the challenge.
8. DOMEX Social Network Accounts: They are a) Facebook: DomEx Courier; b) Instagram: @domexcourier and c) Twitter: @DomexCourier.
9. Instagram account: Account on the Instagram social network identified under the user “@DomexCourier”, and owned by DOMEX.
10. Participating videos: Videos recreated by the client with their version and music of the official video published from the Instagram account of Domex Courier or of any of the participating influencers in the challenges that is of any of the 4 choreographies published for the Challenge to from May three (03), two thousand and twenty-two (2022) to June twenty-seven (26), two thousand and twenty-two (2022) before the start of the selection of the Winners of the last and fourth (4) Dance challenges.
11. Winners: Participating Clients selected as beneficiaries of the Prizes under the terms and conditions of the Regulations.
12. Participating Hashtags: These are the following tags: #DomexDance2022 and the client's membership number, which must be included together in the Participating Comments by the Clients in the Post.
13. Post: Articles, notes, texts, images and, in general, any digital content published on Domex's Social Network Accounts on which interested followers must replicate their versions to participate in the Challenge relative to any of those published in the Account. of the brand's Instagram.
14. Prizes: Gifts granted by Domex for this Challenge, according to the form of Participation and the provisions of Article V of the Regulations.
15. Participating Points: These are the following commercial establishments:
1. Domex El Millón,
2. Domex Lope de Vega,
3. Domex Piantini,
4. Domex Zona Universitaria,
5. Domex Bella Vista,
6. Domex Santo Domingo Este,
7. Domex Santiago,
8. Domex San Francisco de Macorís,
9. Domex Puerto Plata,
10. Domex La Romana
11. Domex Higüey,
12. Domex San Pedro de Macorís,
13. Domex San Cristóbal,
14. Domex Bonao,
15. Domex Arroyo Hondo,
16. Domex Av. Independencia,
17. Domex Los Prados,
18. Domex Santo Domingo Oeste,
19. Domex Villa Mella,
20. Domex Carretera Mella,
21. Domex Naco,
22. Domex Cacicazgos,
23. Domex Los Ríos,
24. Domex Evaristo Morales,
25. Domex San Carlos,
26. Domex Santiago Gurabo,
27. Domex Nagua,
28. Domex Moca,
29. Domex La Vega,
30. Domex San José de Ocoa,
31. Domex Haina,
32. Domex La Esperilla,
33. Domex Máximo Gómez,
34. Domex Tenares,
35. Domex Ensanche Paraíso,
36. Domex Herrera,
37. Domex San Isidro,
38. Domex Ensanche Ozama,
39. Domex Los Alcarrizos
40. Domex Camino Chiquito,
41. Domex Boca Chica,
42. Domex Baní,
43. Domex La Feria,
44. Domex Bávaro,
45. Domex Gazcue,
46. Domex San Juan,
47. Domex Azua,
48. Domex Las Américas,
49. Domex Ciudad Juan Bosch,
50. Domex Friusa.
16. Regulations: The present legal basis of the Challenge.
17. Promotion: Activity organized by DOMEX in favor of its Clients through which the Prizes will be drawn for the selected Winners, under the terms and conditions of the Regulations.
18. Challenge: Challenge that becomes a viral and global phenomenon that any user of Social Networks can join. The platforms on which these challenges are carried out most frequently are: Instagram, Tik-tok, YouTube and WhatsApp.
II. Objectives. The purpose of this Challenge is to reward the creativity and loyalty of active Clients on social networks, stimulating the activation of inactive and potential Clients, as well as increasing the number of followers and interactions with them on Social Networks.
III. Description of the Challenge. This challenge is structured around the following participation mechanism:
1. The client must participate in one of the four (4) challenges published from the official account of Domex Courier @domexcourier or one of the four (4) Thursday influencers selected for each challenge.
2. You must follow (follow) the Instagram account of Domex Courier @domexcourier and that of one (1) of the four (4) Influencing Jurors of the selected challenge.
3. You must have your Instagran Public account.
4. Publish a REEL or in VIDEO format a publication of your version of the selected Dance Challenge, always tagging the Domex Courier account and at least one of the sworn Influencers.
5. The video must recreate the dance steps of the challenge and use the music from the original video of the Challenge or you can choose a song of your choice.
6. Use the Hastag #DomexDance2022
IV. Draw Duration. The Sweepstakes will be for a determined period of time and will be disseminated as of May three (03), two thousand and twenty-two (2022) and carried out until June twenty-six (26), two thousand and twenty-two (2022), the date on which it is The winners of the last Dance Challenge will be announced.
4.1. The Draw may be extended and will be communicated to the participants via social networks and the DOMEX website (https://www.domex.do), in accordance with the provisions established in Article 83, first paragraph, Letter E, of Law No. 358-05, General Law for the Protection of Consumer or User Rights and article two of Resolution No. 009-2011, for the Regulation of Sweepstakes, Raffles and Raffles in the Dominican Republic.
V. Particular Conditions for Participation Categories 5.1. About Participation. Participation in the Dance Challenge will be governed by the provisions set forth below: 5.1.1. Steps to Participate Bass in the Dance Challenge. Customers who wish to participate in the draws of this category must comply with the following steps: a. Have an active membership account with DOMEX; b. You must follow (follow) the Instagram account of Domex Courier @domexcourier and that of one (1) of the four (4) Influencing Jurors of the selected challenge. c. You must have your Public Instagran account. d. Publish a REEL or in VIDEO format a publication of your version of the selected Dance Challenge, always tagging the Domex Courier account and at least one of the Influencers sworn. and. The video must recreate the dance steps of the challenge and use the music from the original Challenge video or you can choose a song of your choice. F. Use the hashtag #DomexDance2022 g. Have no debts in your DOMEX accounts. 5.1.2. The selected winners of each of the four (4) dance challenges of the Domex Dance 2022 promotion must claim them under the following terms and conditions:
3. The Prize cannot be exchanged for cash. 4. The Prize may not be transferred or assigned in favor of third parties. 5. Failure to comply with the clauses of these Regulations will be cause for revocation of the Prize. 6. The prize cannot be claimed after the claim period of two working days has elapsed after being notified. 5.1.3. Who Can Win Under the Participating Invoice Registration Category. All those Clients with active memberships in DOMEX, who carry out their dance challenges provided by DOMEX on their social networks from May 3rd to June twenty-seventh (27th), two thousand and twenty-two (2022), except for those customers who already have winning results in the Draw, in that case, DOMEX has the power to choose another winner.
5.1.4. Winner selection logistics for Participating customers. The selection of winners of this category will be made on the days indicated in article 5.1.3 at 8:00 p.m. past meridian, at the main domicile of DOMEX located at Calle Plaza La Trinitaria no. 4, El Millón, Distrito Nacional, Dominican Republic, during which one (1) of the Winners will be selected by voting for the highest number of likes under a table of four (4) judges among all the Participants, under the terms and conditions of this Regulation. 5.1.5 The Clients will be able to publish their version of the challenges that will be put to the vote by the same community and the four (4) selected influencer judges since the winner will be chosen by the greatest number of likes. Challenge videos that do not comply with the above will not be considered for participation. 5.2. Instagram Account Dance Challenge Awards. Four grand prizes will be awarded on different dates, one (1) Amazon gift card worth USD$400.00, one (1) twelve (12) 64GB blue iPhone, one (1) Apple Watch series 7 Black and one ( 1) green iphone 13 Pro 128 GB for each of the four (4) winners, in the months of May and June of two thousand and twenty-two (2022), on the dates indicated below. The prizes object of this Challenge and their corresponding winner selection dates are:
A. Prize draw for the week of May three (03) to May eleven (11) of the year two thousand and twenty-two (2022) will be announced on May twelve (12) of the year two thousand and twenty-two (2022): 1. one (1) USD$400.00 gift card B. Prize draw for the week of May sixteen (16) to May twenty-five (25) of the year two thousand and twenty-two (2022) will be announced on May twenty-six (26) of the year two thousand and twenty-two (2022): 2. One (1) Iphone 12 64 GB Color Blue C. Prize draw for the week of May thirty (30) to June twelve (12) of the year two thousand and twenty-two (2022) will be announced on June thirteen (13) of the year two thousand and twenty-two (2022): 3. One (1) Apple Watch Series 7 Black D. Prize draw for the week of June fifteen (15) to June twenty-six (26) of the year two thousand and twenty-two (2022) will be announced on June twenty-seven (27) of the year two thousand and twenty-two (2022):
4. One (1) Iphone 13 Pro Green 128 GB 5.2.1. Who Can Win Under Category Comments Participants in the Instagram Account challenge. All those Clients with active memberships in DOMEX who post in the Post with their version of the challenge during the dates corresponding to article 5.3.3. With the exception of those clients who have already been winners in the Challenge, in this case, DOMEX has the power to choose another winner. 5.2.2. Logistics selection of winners for clients participating in the challenges of the Instagram account. The prizes corresponding to this challenge will be raffled on May 12 and 26 and June 16 and 17, two thousand twenty-two (2022), at eight o'clock at night (8:00 p.m.), at the main address of DOMEX located at Calle Plaza La Trinitaria no. 4, El Millón, Distrito Nacional, Dominican Republic, during which each of the winners will be selected according to the order of the dates for the four (04) draws for a total of four (04) winners, under the terms and conditions of this Regulation.
SAW. General Conditions for All Participation Categories 6.1. Conditions for the exchange of the Prizes. Winners must redeem their Prizes under the following terms and conditions: 1. One (1) Prize will be awarded for each Winner who participates in one (1) of the four (4) Instagram account challenges. 2. The Prizes will be delivered at the offices of the DOMEX branch in which the Winner is registered, from Monday to Friday from nine in the morning (9:00 am) until five in the afternoon (5: 00 p.m.). 3. The client selected as the Winner must seek the Prize no later than fifteen (15) business days after being notified of their selection. When this time elapses and you have not claimed the prize awarded, you will lose the right to it if you do not withdraw the Prize or the Prize certificate within the time indicated above. 4. No Prize may be transferred or assigned in favor of third parties. 7. Prizes cannot be exchanged for cash. 8. Failure to comply with the clauses of the Regulations will be a cause for revocation of the right to the corresponding Prize.
6.2. The selection of the Winners will be made on the dates established for each Draw, with the assistance of two (2) witnesses. 6.3. The Winners will be selected and will be communicated via the Instagram Account through their Instagram platform, through Post and Stories. In addition to the previous announcement, DOMEX may announce the Winners via the other Social Networks. 6.4. Winners may be published in: a. DOMEX Social Media Accounts b. The DOMEX website “www.domex.do” c. Via mass email marketing, and d. Billboards, printed and electronic advertising materials.
VII. Notification to Winners. The Participating Clients who are winners will be notified via direct message to their account on the Instagram social network with which they participated, by telephone or via email by DOMEX to the number or email registered in their DOMEX accounts. 7.1 The Winners who participate and are selected from each challenge will be contacted via the Instagram account registered in the comment. 7.2 In case of disqualification or that the Winners do not seek the Prize of which they are beneficiaries after two (02) business days have elapsed from the notification of their selection through the channels indicated in articles 7.1 and 7.2 of the Regulations, as appropriate, DOMEX will select the alternate Winners of the Prizes that have not been claimed in a timely manner, exhausting the procedure established in article 9.1 of the Regulations. 7.3 To withdraw the Prizes, the Winners must identify themselves with an original personal identity document.
VII. Personal information.
The Clients participating in this Challenge authorize the incorporation of their personal data in a file in charge of DOMEX, which will be used exclusively to manage issues related to this Draw, such as contact with the Winners, the delivery of the Prize and the shipment of subsequent communications.
8.1. The data provided by the Winners will be treated confidentially.
8.2. Clients guarantee and are responsible for the veracity, accuracy, validity and authenticity of their personal information.
8.3. The selected Winners authorize the publication of their names and the last four (4) digits of their identity card, on the DOMEX website and social media accounts.
IX. Awards. The delivery of the Prizes will be coordinated with the Winners. The claim and coordination for the delivery of Prizes may not exceed two (02) days after the notification of the selection. If said period elapses without any of the final Winner claiming their Prize or being contacted within said term, the winner will be disqualified and the process of selecting an alternate winner will begin with the electronic tickets generated through the Participating Invoices in accordance with article 9.1 . 9.1. Alternate Winner Selection. The selection of alternate Winners will be carried out through an internal selection process related to the presence of two (2) witnesses at the main DOMEX facilities. The notification of alternate Winners will be carried out in accordance with the provisions of article VII of the Regulations. The selection process will be documented through videos. However, said video will not be published on Social Networks..
X. Other Conditions and Restrictions 10.1 Participation in the challenges that are the object of this Challenge implies acceptance of the Regulation in its entirety. In the event of a declaration of non-acceptance of this Regulation by the Client, its provisions will be unenforceable for both DOMEX and said Client, both being released from fulfillment of any obligation based on the Regulation. 10.2 This challenge is only valid for participation in social networks, it does not correspond to air cargo received by DOMEX, it does not apply to correspondence services, consular services or other messaging services that are not Courier. 10.3 The Participating Clients selected for the Prizes may not have pending amounts in their account. If so, they cannot be Winners and an alternate Winner will be selected according to the process established in these Regulations.
10.4 The name of the Winner, their images and their personal data, may be used by DOMEX, without obligation to remunerate them, in advertising, print, written or television media and, if necessary, to give testimonies, for promotional purposes after the Draw has concluded. a period of one (1) month, the Winner renouncing any judicial or extrajudicial claim, his consent being understood with the sole fact of withdrawing the prize. 10.5 In the event that DOMEX verifies, based on reports from its membership system, that the client did not pay and generated the Participating Receipt within the previously indicated period, they will be disqualified and the prize will not be awarded. 10.6 The Participating Client must have an account with DOMEX. 10.7 The Prizes will only be delivered to the Winner or their legal representative. 10.8 DOMEX may order an investigation if there is any suspicion or doubt about the authenticity of a Winner and select an alternate Winner in accordance with the selection criteria established in these regulations if there are indications that the winner does not qualify. or has totally or partially violated the provisions of the rules established in these regulations, likewise, take the legal action that the laws establish in these cases.
10.9 By participating in this Challenge, Clients acknowledge that the intellectual property rights over the materials of this promotion correspond to DOMEX. The unauthorized reproduction, distribution or transformation of any of the advertising or promotional materials constitutes an infringement of the intellectual property rights of the owner.
10.11 Control and Security Standards. DOMEX may adopt all necessary measures to avoid any fraudulent conduct related to this Draw, or in breach of these Regulations or to the detriment of other participants, being able to exclude the participant, who will lose all rights to the prize that they may have obtained. a. It is forbidden to create or have more than one membership record (D01-…). DOMEX may invalidate, expel, delete or disregard those membership numbers that it deems suspicious of any fraudulent participation attempt, including the attempt to register more than one DOMEX membership record by a person, creation of records false or identity theft. DOMEX will be empowered to file any type of legal action against fraudulent participants. b. DOMEX may exclude any Participating Client from the Sweepstakes for the following reasons: c. If you have or have created more than one (1) membership record (account); d. For attempting to register more than one membership for fraudulent purposes; and. By creation or false registrations; F. For identity theft; Yo. For placing the incorrect information (Username, ID or Membership Number).
XI. DOMEX Liability Limits. DOMEX will be exclusively responsible for faithfully honoring these Regulations. DOMEX will not be responsible for expenses incurred by the Winners to withdraw the Prize or enjoy it. 11.1. The Winners, upon receiving the Prizes, assume all the risks and consequences that could be generated in their transfer or enjoyment of their Prizes. 11.2. This Sweepstakes and the purchase of the Prize by DOMEX in favor of the Winner is a treat from DOMEX in favor of its Clients, therefore the delivery of the Prizes in favor of the Winners should not be considered an act of distribution of the products and services contemplated therein (with the exception of the Prize related to the Gift Certificates of pounds of Services). Consequently, DOMEX is only responsible for delivering the corresponding Prizes in favor of the Winners.
11.3. By virtue of the foregoing, and taking into account the characteristics of each Prize, DOMEX will not be responsible for the following circumstances: a. In relation to the products and items raffled (one (1) Amazon Giftcard of USD $ 400, one (1) Iphone 12 of 64 GB Blue, one (1) Apple Watch series 7 black and one (1) Iphone 13 Pro Green of 128 GB): of the incorrect use of the same or of defects or factory defects of the products, which must be processed directly with the manufacturer of these; 11.4. DOMEX is not responsible for any damage or loss (direct, indirect or consequential) caused to any of the Winners, family members or any person due to or in connection with the use or misuse of the Prizes once they are delivered as long as these damages are not derived from hidden defects of the prizes. Any obligation towards the Winner of the prizes on the part of DOMEX ceases completely at the time of the delivery of the prizes, without prejudice to the rights that assist consumers to claim any defect found in the prizes delivered with the manufacturer or suppliers of these.
11.5. The limitations of liability established here will not be considered a waiver of the rights that the Law recognizes to consumers or users to claim for damages caused by hidden defects of the prizes or non-delivery of the same, provided that the winner complies with the conditions established herein for your eligibility. 11.6. DOMEX excludes any responsibility for damages of any nature that, despite the security measures adopted, could be due to the improper use of the prizes awarded. 11.7. DOMEX excludes any responsibility for damages that may be due to the impersonation of the personality of a third party carried out by a user. 11.8. DOMEX will not be responsible for interruptions or failures in connection, cable network, electronic communications networks, software or hardware failures, or for possible errors in the registration of Participating Invoices or personal data. In the event of incidents, if possible, DOMEX will make its best efforts to correct said faults as soon as possible, without the foregoing implying responsibility in this regard.
XII. Faculty of Modification to the Regulation. DOMEX may modify, extend, extend, cancel, suspend or limit the Sweepstakes or these Regulations, in accordance with the provisions established in article 83, first paragraph, Letter E, of Law No. 358-05, General Protection Law. of the Rights of the Consumer or User and article two of Resolution No. 009-2011, for the Regulation of Sweepstakes, Raffles and Sweepstakes in the Dominican Republic, and will be duly notified publicly through mass media and the DOMEX website “www.domex.do”. For more information, contestant users can go to our DOMEX website “www.domex.do”.
XIII. Interpretation of the Regulation and Resolution of Conflicts: For everything not expressly provided for in these Regulations, the parties refer to common law. In the event of any litigation or dispute, the parties attribute exclusive territorial jurisdiction to the jurisdiction of the National District, the Parties waiving any claim of territorial incompetence.