OFFICIAL RULES FOR THE “EPA Summer” 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 SA, legal entity identification number 3-101-354271, who will 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 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 with respect to the Promotion, and are known and accepted as such. 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 SA.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be “EPA Verano” (EPA Summer), which shall be referred to hereinafter and for the purposes of this Regulation as the “Promotion”.
The Promotion Regulation will be published on the Ferretería EPA Instagram profile, without prejudice to Ferretería EPA SA 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 SA, shall be governed.
The Promotion shall 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 as 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: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
January 28, 2021, to February 2, 2021. Therefore, the duration of the promotion shall be limited to the dates indicated above.
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 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 Ferretería EPA Official Facebook Profile (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 favored as the 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 accept the terms and conditions of this Regulation at all times.
The Promotion is designed to be conducted exclusively through the official “EPA Costa Rica” profile on Facebook and Instagram, specifically: (https://www.facebook.com/epacostarica). In this sense, only those who are followers of the mentioned profile may participate; therefore, anyone who is not a follower of the profile indicated above may not participate with the objective of being a beneficiary of the prize. For the purpose of establishing the required criteria, 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:
Participants must comment on the post indicating the number of floats found in the pool.
Correct answer: 15 floats
The above must be done during the validity period established above in the second article. 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) entry will remain in the running for the purpose of being favored in the drawing of 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 drawing shall do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR. DEFINITIONS AND PARTICIPANTS
The following terms set forth 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, who 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 by private message to participate and be subject to 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 on the Protection of Individuals with regard to the Processing of their Personal Data,” which will be used solely for the purpose of locating the Winner.
4. Promoter: A 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, referred to as 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 prize will be awarded to one winner; the winner will be selected randomly from among the participants who meet the requirement mentioned in the third article of this regulation; the prize consists of (1) Zebra structural pool 305x66CM, code 0670082, valued at 59,950 colones.
The Promotion is aimed at Customers, Followers of the Official Profile, and Final Consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, and other persons considered as such, and who are part of the commercial line as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, the Organizer's collaborators and representatives who may eventually join and be identified during the Promotion, as well as collaborators of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the first degree of consanguinity or affinity, may not participate in the Promotion.
ARTICLE FIVE: DRAWING PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, all entries that meet the mentioned requirements that have participated during the promotion period will be compiled.
The winners of the prizes indicated in this Regulation will be selected from among all those who have participated; the random drawing will be held on February 8, 2021, at the central offices of Ferretería EPA, and the drawing will be conducted by those in charge of the Marketing Department. A Record / Sworn Statement must be drawn up before 2 witnesses with the names of the winning Participants and their respective alternates; in total, 2 alternates will be selected. This information may also be presented before a Public Notary so that they may attest to compliance with the requirements and the process of the Promotion through the drafting 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 it does not modify the chances of being favored for any of the participants.
Next, the correct participation of the selected winner will be verified; in the event that they do not comply, the selected person 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 a private message to the “EPA Costa Rica” Facebook page and will have a period of one (1) business day once the message is sent to report and send their personal data (full name, identification number, phone, etc.), for the purpose of contacting the favored winner by phone during a maximum period of (3) business days. In the event 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 approximately starting February 12, 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 the publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Facebook page in a wall post.
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, and once the winner has been contacted following the procedure by an EPA representative, the place, date, and time for the delivery and collection of the corresponding Prize will be indicated. In this sense, the winner must sign a receipt for their prize, as well as a release of liability document for Ferretería EPA S.A. where all the limitations and conditions of the granted Prize will be expressed, releasing the Sponsor from all liability for the use and/or consumption thereof. 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 transportation or the cost associated with it in the event that they do not have the necessary means to transport and/or install it in the place they freely choose.
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 the verification of data and delivery of the prize 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 location established to collect the previously agreed-upon Prize.
If they do not 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 may NOT be assigned under any circumstances to a family member, spouse, child, or third party, given that the object of the promotion is for the fan and/or follower who made the comment and presented the valid identity card to be the beneficiary of the Prize. Likewise, the favored Participant freely and spontaneously authorizes Ferretería EPA S.A. 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 Participant has accepted the Prize but, for any reason, 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 regarding these circumstances will be drawn up at the Organizer's discretion. The granting of any of the prizes will be conditioned upon 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 granted 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, being 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 make the results of the Promotion public, at the decision and discretion of the Organizer, the participants who are selected for 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 materials regarding activities subsequent to the Promotion, such as the delivery and receipt of the prizes, without implying any additional remuneration or compensation, nor claims for image rights. Therefore, by participating, they adhere to the regulations of these Terms and Conditions, and may not refuse the disclosure of their information and image rights.
It is stated that all illustrations and/or photographs used in the publications of this Promotion corresponding to the prize 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 these Terms and Conditions, their right to claim the prize shall be considered a voluntary waiver. The selected Participant shall have no right 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 regarding 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 generally 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 Deed may be drawn up regarding these circumstances to record any event not provided for in these Terms and Conditions.
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 such is not provided for in this Promotion.
The Promotion and the Participants are subject to the requirements, conditions, and restrictions of these Terms and Conditions.
In the event of any unforeseen circumstances or force majeure, Ferretería EPA S.A. may suspend the Promotion in whole or in part, without incurring any liability for such suspension.
Ferretería EPA S.A. will not be responsible for any 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, 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 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; therefore, the organizer is responsible solely for the delivery of the prize indicated in these Terms and Conditions.
The prize winner shall be responsible for the use and enjoyment of the same.
The Organizer shall not be liable 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, the Promotion will be suspended.
For more information or queries about these Terms and Conditions, Participants may send a private message to the EPA Costa Rica profile. These Terms and Conditions 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 Terms and Conditions in promotional material, the following legends will be established: “Restrictions and conditions apply according to the “EPA Summer” Promotion Terms and Conditions”