“My Pet” Regulations
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., corporate tax ID 3-101-354271, who shall be referred to hereinafter and for the purposes of this Regulation as “The Organizer” and/or “Ferretería EPA”.
The provisions herein shall be mandatory for 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 final. 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 “My Pet,” which shall be referred to hereinafter and for the purposes of this Regulation as the “Promotion.”
The Promotion Regulation will be disseminated 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, Participants unconditionally accept all the rules expressed in this Regulation, 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 to all Consumers through the same advertising medium.
Additionally, employees and their first-degree relatives by blood may not participate in the promotion. This measure helps ensure impartiality and transparency in the promotion process, avoiding conflicts of interest.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only from November 29, 2024, to December 1, 2024. Therefore, the term of its validity will be limited to the indicated dates.
ARTICLE THREE: OBJECT OF THE PROMOTION
To participate and be a beneficiary of this Promotion, it is necessary for the Participant to 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 Ferretería EPA Promotions Manager via the email 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 type of purchase in any of the Ferretería EPA Stores during the Promotion's validity period, the benefit of being favored as a winner of the prize object 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 be carried out solely through the official “EPA Costa Rica” profile on the Facebook page, specifically: (https://www.facebook.com/epacostarica) and the Ferretería EPA Instagram (https://www.instagram.com/ferreteriaepacr/). In this sense, only those who are followers of the aforementioned profile may participate, so any other 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 persons 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:
1. Share a photograph with your pet
2. Like the Post
3. Tag a friend
The above must be done during the validity period established previously in Article Two. Participants have the possibility of winning simply by having entered and 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 favored in the drawing for this Promotion.
Ferretería EPA S.A. reserves the right to demand from the Participant any additional document or personal information necessary to apply for the Promotion. In accordance with what is regulated herein, during the validity period of this Promotion, Participants who wish to participate in the drawing will do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR. DEFINITIONS AND PARTICIPANTS
The following terms starting below, as well as the definitions used in this Regulation, shall have the meaning established with the understanding that said meaning shall 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 subject to this Promotion, which are (i) Full Name (first and last names); (ii) Valid and current personal identification number, duly recognized by the Government of the Republic of Costa Rica; (iii) Telephone numbers; (iv) Email address, in compliance with the legal provisions established by the "Law on the Protection of the Individual Against 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.
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 dog kit or 1 cat kit, depending on what the winner chooses.
The Promotion is aimed at Customers, Followers of the Official Profile, and Final Consumers of Ferretería EPA S.A.
ARTICLE FIVE: DRAWING PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, the information of the participants who meet the mentioned requirements and who have participated during the promotion's validity period will be collected.
The winners of the prizes indicated in this Regulation will be selected from among all those persons who have participated, in a random drawing to be held on December 2, 2024, at the Ferretería EPA headquarters; the drawing will be carried out by those in charge of the Marketing Department. An Act / Sworn Declaration must be drawn up regarding this situation before 2 witnesses, naming the winning Participants and their respective alternates; in total, 1 alternate will be selected. This information may also be presented before a Notary Public so that they may attest to the compliance with the requirements and the process of the Promotion by means of a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the mentioned date of the drawing for convenience, provided that the chances of being favored for each of the participants are not modified.
Next, the correct participation of the selected winner will be verified; in the event that they do not comply, the selection will be discarded and the first alternate will be 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 on the “EPA Costa Rica” Facebook page and will have a period of (1) business day once the message is sent to report and send their personal data (full name, identification number, telephone, etc.), in order to contact the favored winner by telephone during a maximum period of (2) business days. In case of not locating the selection in a maximum of 2 call attempts during this period, we will proceed to contact the corresponding next alternate winner following the same protocol, and so on until the alternate winners are exhausted. Once all winners are confirmed, the announcement of the winners will be made. The winner will be announced starting from December 13, 2024, provided that everything mentioned above in this article has 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 page in a post on the wall.
After the aforementioned Drawing has been held and the respective favored person and/or winner of the prize has been identified, in accordance with the previous Articles of this Regulation, once the winner has been contacted following the procedure by an EPA representative, they will be indicated the place, date, and time for delivery, as well as the collection of the corresponding Prize. In this sense, the winner must sign a receipt for 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 its use and/or consumption. Likewise, the favored winner 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 case they do not have the necessary means to transport and/or install it in the place they freely decide.
Failure to comply with the conditions established in this Regulation or failure to perform the necessary data verification of the official winner will result in an alternate winner being automatically selected, and we will proceed with the verification of the data and delivery of the prize 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 Prize.
If they fail to do so, they will lose the right to it, and will not be able to 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, given that the object of the promotion is that the fan and/or follower who made the comment and presented their valid identification card be the beneficiary of the Prize. Likewise, the favored Participant freely and spontaneously authorizes Ferretería EPA S.A. to use their image rights and name 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 any circumstance the Participant refuses to receive it or to complete the respective paperwork for formalization, the favored person will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the Organizer's discretion. The awarding of any of the prizes will be conditioned on compliance with each and every one of the applicable laws and regulations, 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, exonerated from the obligation to allow participation and the delivery of a prize or benefit.
ARTICLE SIX: USE OF IMAGE AND FINAL PROVISIONS.
In order to publicize the results of the Promotion, at the decision and discretion of the Organizer, participants who are selected as winners of any of the Prizes in this Promotion expressly authorize the Organizer for their project, name, and image to appear in publications and other advertising media, and in general in all promotional material for activities subsequent to the Promotion, such as the delivery and receipt of the prizes, without implying any remuneration or additional compensation, or claims for image rights, and therefore 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 correspond to the reality of what is offered and promoted by Ferretería EPA. If a selected Participant does not appear to claim 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, not 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 on the Protection of Individuals with regard to the Processing of their Personal Data” and its Regulations, therefore at the time of selection as a Winner or Favored Party, the Participant must sign all documents that the Organizer determines, to authorize Ferretería EPA, S.A. to collect and in general use their data for the purpose of communicating as a winner of the Promotion.
Likewise, in special cases that warrant it, at the decision of the Sponsor, a Notarial Act shall be drawn up regarding these circumstances to certify any fact beyond what is provided for in these Rules.
In the event that they are the Winner and for any reason, whether they do not comply with the restrictions and conditions regulated herein, or of their own volition do not accept the Prize, they may not claim any indemnity 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 fortuitous event or force majeure, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without any liability arising from said suspension.
Ferretería Epa S.A. will not be responsible for the collateral expenses that the Participant may incur to carry out the procedures to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transport 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 thereof have been applied through deception, fraud, or other illegal activity.
The mechanics of this Promotion, as well as the Intellectual Property derived from it, are the exclusive property of Ferretería Epa S.A.
The responsibility of Ferretería Epa S.A. ends with the delivery of the corresponding Prize to the favored Participant, so the organizer is responsible solely for the delivery of the prize indicated in these Rules.
The winner of the prize will be responsible for the use and enjoyment they make of it.
The Organizer will not be responsible for any unauthorized human intervention by third parties in computer systems or similar that alters the development of the promotion, so in the event that any such situation is detected, said Promotion will be suspended.
For more information or queries regarding these Rules, Participants may send a private message to the EPA Costa Rica profile. These Rules will be available in their entirety for the knowledge 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, the promotional material shall include the following legends: “Restrictions and conditions apply according to the “My Pet” Promotion Rules”