Official rules for the “Banderines” campaign
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 ID 3-101-354271, who shall hereinafter and for the purposes of this Regulation be referred to 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 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 “Banderines” (Banners), which hereinafter and for the purposes of this Regulation shall be referred to 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 promote it.
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 shall 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 in any matter related to the promotion, which will be duly informed and communicated through the same means of advertising to all Consumers.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, starting at 07:00 hours on May 30, 2024, and ending at 21:00 hours on June 30, 2024.
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 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 Instagram and Facebook, specifically: (https://www.instagram.com/ferreteriaepacr/), Ferretería EPA Facebook (https://www.facebook.com/epacostarica). In this sense, only those who are followers of both mentioned profiles 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. To establish the required limitations, all interested parties must become followers by clicking “like” before and/or during the validity period of this Promotion.
Additionally, employees and their first-degree blood relatives may not participate in the promotion. This measure helps ensure impartiality and transparency in the promotion process, avoiding conflicts of interest.
ARTICLE THREE-A: PROMOTION MECHANICS
In addition to what is described above, the promotion will be carried out as follows:
All customers who purchase a participating tool through the online page (www.epaenlinea.com) will receive a banner to hang in their garage along with their order; they must share a photo of their garage with the banner on social media, tagging Ferretería Epa.
The above must be done during the validity period established in article two. Participants have the possibility of winning, solely for having entered and completed the requirements for their participation. As a limitation for all Participants, they may make one (1) or more publications; however, only one (1) publication will remain in the draw for the purposes of being selected in this Promotion.
Ferretería Epa S.A. reserves the right to demand from the Participant any additional document or personal information necessary to apply to the Promotion. In accordance with what is regulated here, during the validity period of this Promotion, Participants who wish to participate in the draw will do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms initiated below, as well as the definitions used in this Regulation, will 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 the subject of this Promotion, which are (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 for the Protection of the Individual from the Processing of their Personal Data,” which will be used solely for the purpose of locating the Winner.
4. 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 metal cabinet
The Promotion is aimed at Customers, Followers of the Official Profile, and Final Consumers of Ferretería EPA S.A.
ARTICLE FIVE: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has concluded, the information of the participants who meet the mentioned requirements and who have participated during the validity of the promotion will be compiled.
The winner of the prize indicated in this Regulation will be selected from all those who have participated; the random draw will take place on July 15, 2024, at the central offices of Ferreterías EPA. The draw will be conducted by those in charge of the Marketing Department. A Record/Affidavit must be drawn up before 2 witnesses regarding the names of the winning Participants and their respective substitutes; in total, 1 substitute will be selected. This information may also be presented before a Notary Public so that they may attest to the fulfillment of the requirements and the process of the Promotion by drawing up a Notarial Record, in accordance with this Regulation. The organizer reserves the right to modify the mentioned draw date for convenience, provided that the chances of being selected for each participant are not modified.
Then, the correct participation of the selected winner will be verified; in case they do not comply, the selection is discarded, and the first substitute is verified following the same protocol, and so on until the substitute winners are exhausted. In the event that the participation meets all requirements, the winner will be contacted via private message on 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 winning party via telephone within a maximum period of three (3) business days. In case the selected person cannot be reached after a maximum of 3 call attempts during this period, the next corresponding substitute winner will be contacted following the same protocol, and so on until the substitute winners are exhausted. Once all winners are confirmed, the announcement of the winners will proceed. The winner will be announced starting on July 15, 2024, provided that everything mentioned in this article has been verified; otherwise, the organizer reserves the right to modify the announcement date until all necessary data for publication are correctly verified. The winner will be announced solely via the “EPA Costa Rica” Facebook wall post.
After the aforementioned Draw has been held and the respective favored party and/or prize winner identified, in accordance with the previous Articles of this Regulation, once the winner is 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 winning person must sign for the receipt of their prize, as well as a release of liability 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 of not having the necessary means to transport and/or install it in the place they freely decide.
If the conditions established in this Regulation are not met or if the necessary data verification of the official winner cannot be made, a substitute winner will be automatically selected and the data verification and prize delivery will proceed taking into account the specifications of this Regulation.
The Winner must collect their Prize within a period no longer 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.
Failure to do so will result in the loss of the right to it, and the winner 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 the valid identity card is the beneficiary of the Prize. Likewise, the favored Participant authorizes Ferretería EPA S.A. freely and spontaneously 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 the formalization, the favored party will lose their right to the Prize. A Notarial Record may be drawn up regarding these circumstances at the discretion of the Organizer. The granting of any of the prizes will be conditioned upon compliance with any and all 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 liability, exonerated 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 decision and discretion, the participants who are selected as winners of any of the Prizes in this Promotion expressly authorize the Organizer to have their project, name, and image appear in publications and other advertising media, and in general, in all dissemination material for activities following the Promotion, such as the delivery and receipt of the prizes, without implying any remuneration or additional compensation, nor claims for image rights. 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 noted that all illustrations and/or photographs used in the publications of this Promotion corresponding to the prize reflect the reality of what is offered and promoted by Ferretería EPA. If a selected Participant does not appear to redeem their prize within the period indicated in these Rules, it will be considered a voluntary waiver of their right to claim the prize. The selected Participant shall not have any right to 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, upon selection as a Winner or Beneficiary, the Participant must sign all documents that the Organizer deems necessary to authorize Ferretería EPA, S.A. to collect and, in general, 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 decision, a Notarial Act will be drawn up regarding these circumstances to certify any fact not provided for in these Rules.
In the event that you are a Winner and for any reason, whether you do not meet the restrictions and conditions regulated herein, or you do not accept the Prize of your own volition, you may not claim any indemnity sum or consolation prize from the Organizer, as it 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 such suspension.
Ferretería Epa S.A. shall not be responsible for collateral expenses incurred by the Participant to carry out the steps 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 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 winning Participant; therefore, the organizer is responsible only for the delivery of the prize indicated in these Rules.
The prize winner shall be responsible for the use and enjoyment of the same.
The Organizer shall not be liable for any unauthorized human interventions by third parties in computer systems or similar that alter the development of the promotion; therefore, if 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 and the promotional material, the following legends will be established: “Restrictions and conditions apply according to the “Banners” Promotion Rules”
Annex 1: Sections sponsoring the promotion
Category Section
1404
1405
1406
1407
1408
1409
1411
1412
1422
1423
1425
1428
1433
1439
1444
1448
1449
1450
1451
1454
1460
1461
1462
1464
1468
1472
1474
1476
1478