Official rules for the "Bestway pool" 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, who will 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 definitive 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 will be “BestWay Piscina 2023”, which will hereinafter and for the purposes of this Regulation 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 another 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 act 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 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 June 27, 2023, to July 2, 2023. Therefore, its validity period 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 at the email promociones@cr.epa.biz, upon inquiry by 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, persons 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 Instagram Profile of Ferretería EPA (https://www.instagram.com/ferreteriaepacr/), without the need to make any purchase at any of the Ferretería EPA Stores during the validity period of the Promotion, the benefit of being selected as the winner of the prize that is the 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 developed solely through the official “EPA Costa Rica” profile on Instagram, specifically: (https://www.instagram.com/ferreteriaepacr/). In this sense, only those who are followers of the mentioned profile may participate; therefore, any other person who is not a follower of the aforementioned profile will not be able to participate for the purpose of being a beneficiary of the prize. To establish the required limitations, all interested persons must become followers by “following” 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 developed as follows:
In the post scheduled for May 27, 2023 (BestWay Piscina dynamic) on the Instagram profile, users must do the following:
Follow the @ferreteriaepacr profile
Tag those with whom you will enjoy your new pool
The tagged individuals must follow the official EPA page.
The above must be done during the validity period established previously 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 comments; however, only one (1) entry will remain for the purpose of being drawn in 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 participate in the draw will do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms, 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 individual 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 Persons 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 in charge of providing advisory 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:
One Structural set pool 549 x 274 x 122 cm, includes filtering system code 0670000.
The Promotion is aimed at Customers, Followers of the Official Instagram Profile, and Final Consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, and other persons considered as such, who are part of the commercial activity as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, employees and representatives of the Organizer that may eventually be incorporated and identified during the Promotion, as well as employees of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the third degree of consanguinity or affinity, may not participate in the Promotion.
ARTICLE FIVE: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, the information of the participants who meet the mentioned requirements and who participated during the validity of the promotion will be collected.
The winners of the prizes indicated in this Regulation will be selected from among all those who have participated. The random draw will take place on July 3, 2023, at the central offices of Ferreterías EPA, and the draw will be carried out 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, 1 alternate 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 through the drawing up of a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the mentioned date of the draw for convenience, provided that the chances of being selected 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 person 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 participation meets all requirements, the winner will be contacted via private message from the “EPA Costa Rica” Instagram profile 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.), for the purpose of contacting the winning winner by phone within a maximum period of (3) business days. In case of not locating the selected person within 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 be made. The winner will be announced starting July 14, 2023, provided that everything mentioned above in this article has been verified; otherwise, the organizer reserves the right to modify the announcement date until all the necessary data for publication are correctly verified. The winner will be announced solely via the “EPA Costa Rica” Facebook page in a wall post.
After the referred Draw has been carried out and the respective winner of the prize has been identified, in accordance with the previous Articles of this Regulation, once the winner has been contacted in follow-up to the procedure by an EPA representative, they will be indicated the place, date, and time for delivery, as well as collection of the corresponding Prize. In this sense, the winner must sign as acknowledgement of receipt of their prize, in addition to 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 winner may not claim or request from Ferretería EPA S.A. any additional expense that the collection of the Prize generates, 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 it is not possible to carry out the necessary data verification of the official winner, an alternate winner will be 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. employees, at the hours, days, and the place established to collect the previously agreed Prize.
Failure to do so will result in the loss of the right to it, and they will not be able to claim damages to Ferretería EPA S.A. as a result of the loss of the Prize. Said Prize CANNOT be assigned under any circumstances to a family member, 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 selected 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 that the Prize has been accepted, but for whatever reason, the Participant refuses to receive it or to complete the respective paperwork for the formalization, the winner 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 conditional 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, 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 make the results of the Promotion public, at the decision and discretion of the Organizer, the participants who are favored with any of the Prizes of 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 disclosure material for activities subsequent to the Promotion, such as delivery and receipt of the prizes, without implying additional remuneration or compensation, nor claims for image rights. Therefore, by participating, they adhere to the regulations of this Regulation and cannot refuse the disclosure of their information and image rights.
It is stated 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 redeem their prize within the period indicated in this Regulation, it will be taken as a voluntary waiver of their right to claim the prize. The selected Participant will not have any right to claim or compensation, not even partially, which each Participant accepts by voluntarily adhering to the participation in the promotion. If such a situation arises, the Organizer is authorized to select an alternate winner as appropriate.
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 Persons regarding the Processing of their Personal Data” and its Regulation. Therefore, at the time of selection as Winner, 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 successfully communicating as the winner of the Promotion.
Likewise, in special cases that merit it, at the Sponsor's decision, a Notarial Act will be drawn up regarding these circumstances to attest to any fact beyond what is provided in this Regulation.
In the event that they are the Winner and for whatever reason, whether they do not meet the restrictions and conditions regulated herein, or by their own will do not accept the Prize, they will not be able to claim any compensatory sum or a consolation prize from the Organizer, as this is not regulated by this Promotion.
The Promotion and the Participants are subject to the requirements, conditions, and restrictions of this Regulation.
In the face of any situation of fortuitous event or force majeure, Ferretería Epa S.A. may suspend the Promotion totally or partially, without any liability being generated by said suspension.
Ferretería Epa S.A. will not be responsible for collateral expenses that the Participant incurs in carrying out the steps to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, cost of transport, 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 of the same have been applied through deceit, 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 Prize corresponding to the winning Participant, so the organizer is responsible only for the delivery of the prize indicated in this Regulation.
The prize winner will be responsible for the use and enjoyment they give to it.
The Organizer will not be responsible for any human interventions not authorized by third parties to computer systems or similar that alter the development of the promotion, so in case any similar situation is detected, said Promotion will be suspended.
For more information or inquiries about this Regulation, Participants may send a private message to the EPA Costa Rica profile. This Regulation will be available in its entirety for the knowledge and information of the general public and consumers on the official Instagram profile of Ferretería Epa S.A. (Epa Costa Rica) during the validity of this promotion. For the purposes of communicating this Regulation in promotional material, the following legends will be established: “Restrictions and conditions apply according to the “BestWay Piscina 2023” Promotion Regulation”