Rules for the “Win an Air Conditioner 2024” promotion
This Regulation (hereinafter the "Regulation") aims to establish, define, and limit the terms and conditions of the promotion to be carried out by FERRETERÍA EPA S.A., legal entity identification number 3-101-354271, which will hereinafter be referred to for the purposes of this Regulation as "The Organizer" and/or "Ferretería EPA".
The provisions herein shall be mandatory for the Participants (see definition of Participant below) in said Promotion. Participation in the Promotion implies the Participant's acceptance to respect these rules and procedures, which shall be considered final regarding the Promotion, and which are known and accepted as definitive. Any violation of said rules and/or procedures established for the Promotion will imply the immediate exclusion of the Participant, without any liability on the part of Ferretería EPA S.A.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be "Win an air conditioner 2024," which will hereinafter be referred to for the purposes of this Regulation as the "Promotion."
The Promotion Regulation will be published on the Ferretería EPA website, without prejudice to Ferretería EPA S.A. freely choosing any other additional advertising medium to disseminate the promotion.
The purpose of this Regulation is to establish, regulate, limit, and clarify the guidelines and/or conditions under which the Promotion, which belongs to and is sponsored by Ferretería EPA S.A., will be governed.
The Promotion will be governed by the following rules and conditions. By the mere fact of participating in the Promotion, the Participants accept all the rules expressed in this Regulation unconditionally, including those clauses that limit the liability of the Organizers, which have been duly informed to the Participant. Likewise, they agree to submit to the decisions of the organizers on any matter related to the promotion, which will be duly informed and communicated by the same means of advertising to all Consumers.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
The promotion is valid only from August 16, 2024, to August 25, 2024. Therefore, its validity period will be limited to the dates indicated.
ARTICLE THREE: PURPOSE OF THE PROMOTION
To participate and be a beneficiary of this Promotion, the Participant must know and accept in advance all the conditions, requirements, and limitations established in this Regulation, which may be explained in a general manner by the Promotion Manager of Ferretería EPA via email at promociones@cr.epa.biz, duly identified upon the inquiry of any interested follower. Any violation of this Regulation and/or the procedures, mechanics, and systems of application of the Promotion will imply the immediate exclusion of the Participant from the Promotion and the revocation of any right or prize granted by this Regulation.
During the validity period of this Promotion, duly delimited in the previous Article of this Regulation, those interested in participating in the Promotion may do so in the manner described in the following articles.
The object of the Promotion is to offer fans and/or followers of the Official Facebook Profile of Ferretería EPA (https://www.facebook.com/epacostarica), without the need to make any purchase at any Ferretería EPA Store during the Promotion period, the benefit of being chosen as the winner of the prize that is the subject of this Promotion, in accordance with the mechanics indicated below. The Participant (see definition of Participant in Article Four of this Regulation) must at all times accept the terms and conditions of this Regulation.
The Promotion is designed to take place solely through the official "EPA Costa Rica" profile on Instagram and Facebook, specifically: (https://www.instagram.com/ferreteriaepacr/), and the Ferretería EPA Facebook (https://www.facebook.com/epacostarica). In this sense, only those who are followers of both profiles mentioned may participate; therefore, any person who is not a follower of the aforementioned profile will not be able to participate with the goal of being a beneficiary of the prize. For the purpose of establishing the required limitations, all interested parties must become followers by means of a "like" before and/or during the validity period of this Promotion.
ARTICLE THREE-A: PROMOTION MECHANICS
In addition to what is described above, the promotion will be carried out as follows:
In the post scheduled for August 16, 2024, on the Facebook and Instagram page, users must do the following:
- Like the post.
- Tag a friend or family member who would enjoy this Adina air conditioner the most.
The above must be done during the validity period established previously in Article Two. Participants have the possibility to win, solely for having participated and having completed the requirements for their participation. As a limitation for all Participants, they may make one (1) or more comments; however, only one (1) post will remain as an entry for the purpose of being selected in the draw for this Promotion.
Ferretería EPA S.A. reserves the right to demand from the Participant any additional document or personal information that is necessary to apply for the Promotion. In accordance with what is regulated herein, during the validity period of this Promotion, Participants who wish to enter the draw will do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms introduced below, as well as the definitions used in this Regulation, will have the meaning established with the understanding that said meaning will be applicable to both the singular and plural forms thereof.
1. "Customer or Participant" means any natural person who participates in the Promotion with the limitations indicated in this Regulation, and must be a follower of the indicated Facebook Profile.
2. "Point of Sale" for this dynamic means the website www.epaenlinea.com.
3. "Personal Data" means that if chosen as a winner, they must send to the EPA Costa Rica profile via private message on Facebook to participate and be the subject of this Promotion, the following: (i) Full Name (first and last names); (ii) Valid and up-to-date personal identification number, duly recognized by the Government of the Republic of Costa Rica; (iii) Phone numbers; (iv) email address, in compliance with the legal provisions established by the "Law on the Protection of the Individual regarding the Processing of their Personal Data," which will be used solely for the purpose of locating the Winner.
4. Promoter: Company hired by Ferretería EPA S.A. to be responsible for providing consulting and management services for the Promotion, in accordance with the terms and conditions of this Regulation; in this case, named Interaction.
5. Prize: In this Promotion, there is 1 winner and a single type of prize and/or benefit, described below:
Prize:
In this promotion, 1 type of prize will be awarded; the winner will be selected randomly from among the participants who meet the requirement mentioned in Article Three of this Regulation; the prize will be:
- 1 Air Conditioner from Copper Group Costa Rica.
The Promotion is aimed at Customers, Followers of the Official Profile, and End Consumers of Ferretería EPA S.A.
ARTICLE FIVE: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, information will be collected from the participants who meet the mentioned requirements and who participated during the validity period of the promotion.
The winners of the prizes indicated in this Regulation will be selected from all those who have participated; the random draw will take place on August 26, 2024, at the Ferretería EPA central offices, and will be conducted by those in charge of the Marketing Department. An Act/Affidavit must be drawn up before 2 Witnesses stating the names of the winning Participants and their respective alternates; in total, 0 alternates will be selected. This information may also be presented to a Notary Public so that they may attest to the compliance with the requirements and the Promotion process by means of a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the mentioned draw date for convenience, provided that the chances of being chosen for each of the participants are not modified.
Then, the correct participation of the selected winner will be verified; in the event that they do not comply, the selected party is discarded and the first alternate is verified following the same protocol, and so on until the alternate winners are exhausted. In the event that the entry meets all requirements, the winner will be contacted via private message to the "EPA Costa Rica" Facebook page and will have a period of two (2) business days once the message is sent to report and send their personal data (full name, identification number, phone, etc.), in order to contact the chosen winner via telephone within a maximum period of three (3) business days. In the event that the selected person cannot be reached after a maximum of 3 call attempts during this period, the next corresponding alternate winner will be contacted following the same protocol, and so on until the alternate winners are exhausted. Once all winners are confirmed, the announcement of the winners will proceed. The winner will be announced starting September 4, 2024, provided that all the above-mentioned points in this article have been verified; otherwise, the organizer reserves the right to modify the announcement date until all necessary data for the publication are correctly verified. The winner will be announced solely via the "EPA Costa Rica" Facebook wall post.
After the aforementioned Draw has been carried out and the respective beneficiary and/or winner of the prize has been identified, in accordance with the previous Articles of this Regulation, and once the winner has been contacted following the procedure by an EPA representative, they will be indicated the place, date, and time for the delivery and collection of the corresponding Prize. In this sense, the winner must sign acknowledging receipt of their prize, as well as a liability release document for Ferretería EPA S.A., where all the limitations and conditions that the Prize grants will be expressed, releasing the Sponsor from all liability for the use and/or consumption thereof. Likewise, the winning Participant may not claim or request from Ferretería EPA S.A. any additional expense generated by the collection of the Prize, such as transport or the cost associated with it in the event they do not have the necessary means to transport it and/or install it in the place they freely decide.
Failure to comply with the conditions established in this Regulation or the inability to perform the necessary data verification of the official winner will result in an alternate winner being automatically chosen, and data verification and prize delivery will proceed taking into account the specifications of this Regulation.
The Winner must collect their Prize within a period of no more than 1 month from the moment they are contacted by Ferretería EPA S.A. collaborators, at the hours, days, and place established to collect the previously agreed-upon Prize.
Failure to do so will result in the loss of the right to the same, and they may not claim damages and/or losses from Ferretería EPA S.A. as a result of the loss of the Prize. Said Prize CANNOT be transferred under any circumstances to a relative, spouse, child, or third party, as the object of the promotion is that the fan and/or follower who made the comment and presented the valid identity card be the beneficiary of the Prize. Likewise, the winning Participant authorizes Ferretería EPA S.A., freely and spontaneously, to use their image and name rights in promotional campaigns and any type of advertising carried out by Ferretería EPA S.A., without being able to request any remuneration for it.
In the event of having accepted the Prize, but for whatever circumstance the Participant refuses to receive it or complete the respective paperwork for formalization, the beneficiary will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the Organizer's discretion. The granting of any of the prizes will be conditional upon compliance with each and every applicable law and regulation, as well as compliance with the provisions of this Regulation. The organizer reserves the right to disqualify and/or demand the return of the prizes awarded to those participants who directly or indirectly breach the terms and conditions previously established herein. If the winner does not demonstrate their willingness to accept these conditions, the organizers will not assume any type of responsibility, exonerating themselves from the obligation to allow participation and the delivery of a prize or benefit.
ARTICLE SIX: IMAGE USE AND FINAL PROVISIONS.
In order to publicize the results of the Promotion, at the Organizer's sole discretion, participants who are selected to receive any of the Prizes in this Promotion expressly authorize the Organizer to use their project, name, and image in publications and other advertising media, and in general in all promotional material related to post-Promotion activities, such as the delivery and receipt of prizes, without implying any additional remuneration or compensation, or claims regarding image rights. By participating, they adhere to the regulations of these Rules and may not refuse the disclosure of their information and image rights.
It is placed on record that all illustrations and/or photographs used corresponding to the prize in the publications of this Promotion accurately represent what is offered and promoted by Ferretería EPA. If a selected Participant fails to appear to redeem their prize within the period indicated in these Rules, it shall be considered a voluntary waiver of their right to claim the prize. The selected Participant shall not be entitled to any claim or compensation whatsoever, even partially, which each Participant accepts by voluntarily adhering to participation in the promotion. Should such a situation arise, the Organizer is authorized to select an alternate winner as applicable.
Ferretería EPA, S.A. will collect certain confidential information from the Participant, including but not limited to their personal data, in accordance with the provisions of the "Law for the Protection of the Individual regarding the Processing of their Personal Data" and its Regulations. Therefore, upon being selected as a Winner or recipient, the Participant must sign all documents that the Organizer deems necessary to authorize Ferretería EPA, S.A. to collect and generally use their data for the purpose of communicating with them as a winner of the Promotion.
Likewise, in special cases that warrant it, at the Sponsor's discretion, a Notarial Deed will be drawn up regarding these circumstances to place on record any event not provided for in these Rules.
In the event that a participant is selected as a Winner and for any reason—whether they fail to meet the restrictions and conditions regulated herein, or of their own volition do not accept the Prize—they may not claim any compensatory sum or consolation prize from the Organizer, as such is not regulated by this Promotion.
The Promotion and the Participants are subject to the requirements, conditions, and restrictions of these Rules.
In the event of any force majeure or act of God, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without incurring any liability for such suspension.
Ferretería Epa S.A. shall not be responsible for any collateral expenses incurred by the Participant in carrying out the procedures to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transportation costs, among others.
Ferretería Epa S.A. reserves the right to suspend the benefits of this Promotion in cases where it is determined that the benefits have been applied through deceit, fraud, or other illegal activity.
The mechanics of this Promotion, as well as the Intellectual Property derived therefrom, are the exclusive property of Ferretería Epa S.A.
The responsibility of Ferretería Epa S.A. ends with the delivery of the Prize to the selected Participant; therefore, the Organizer is responsible only for the delivery of the prize indicated in these Rules.
The prize winner will be responsible for the use and enjoyment of the same.
The Organizer shall not be responsible for any unauthorized human intervention by third parties into computer systems or similar that alter the development of the promotion, and if any such situation is detected, the Promotion will be suspended.
For more information or inquiries about these Rules, Participants may send a private message to the EPA Costa Rica profile. These Rules will be available in their entirety for the awareness and information of the general public and consumers on the official Facebook page of Ferretería Epa S.A. (Epa Costa Rica) during the validity of this promotion. For the purposes of communicating these Rules in promotional material, the following statement will be established: “Restrictions and conditions apply according to the Promotion Rules 'Win an air conditioner 2024'.”