Official rules for the "Facebook EPA - concert" 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 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 abide by these rules and procedures, which shall be considered final regarding 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 S.A.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be "FACEBOOK EPA-CONCERT", 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 disseminate the promotion.
The purpose of this Regulation is to establish, regulate, limit, and clarify the guidelines and/or conditions under which the Promotion will be governed, which belongs to and is sponsored by Ferretería EPA S.A.
The Promotion will be governed by the following rules and conditions. By the mere fact of participating in the Promotion, the 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 by the same means of advertising to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
November 24, 2021, to November 27, 2021. Therefore, its validity period will 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 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 the 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's validity period, the benefit of being chosen as a 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 accept the terms and conditions of this Regulation at all times.
The Promotion is designed to be carried out solely 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 said profile may participate; therefore, any other person who is not a follower of the aforementioned profile may not 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 via 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 with the name of the song shown in the video and tag the people they would attend the concert with.
Correct answer: Mi burrito sabanero
The above must be done during the validity period established 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 in participation for the purposes 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 wishing 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 introduced 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 the subject of 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) Phone numbers; (iv) Email address, in compliance with the legal provisions established by the "Law for 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 in charge of providing advisory 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 15 winners and a single type of prize and/or benefit, described below:
Prize:
In this promotion, 1 type of prize will be awarded. The winners will be selected randomly from among the participants who meet the requirement mentioned in Article Three of this regulation; the prize will be:
Each winning person will receive a ticket for 4 people for the Philharmonic Orchestra concert, which will take place at the following location, date, and time: At the Parque La Libertad fairgrounds on December 5th at 11:00 am.
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, who are part of the commercial business or the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, collaborators and representatives of the Organizer who are eventually incorporated and identified during the Promotion may not participate, nor may collaborators of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the first degree of consanguinity or affinity.
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 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 November 29, 2021, at the headquarters of Ferreterías EPA, and will be carried out by those in charge of the Marketing Department. A Record/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 Public Notary so that they may attest to the compliance with the requirements and the Promotion process by drawing up a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the mentioned draw date for convenience as long as the chances of being selected 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 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 by private message on the “EPA Costa Rica” Facebook page and will have a period of one (1) business day (24 hours) once the message is sent to report back and send their personal data (full name, identification number, phone, etc.), for the purpose of contacting the winning recipient 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 December 3, 2021, 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 publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Facebook wall.
After the aforementioned Draw has been carried out and the respective recipient and/or winner of the prize 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 winning person must sign for the receipt of their prize, as well as a liability release 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 winning participant may not claim or request any additional expense from Ferretería EPA S.A. 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.
If the conditions established in this Regulation are not met or if it is impossible to perform the necessary data verification of the official winner, an alternate winner will be chosen automatically, 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 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 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 assigned under any circumstances to a family member, spouse, child, or third party, as 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 winning 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 the formalization, the winner will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the discretion of the Organizer. The granting 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 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, exonerating them 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, participants who are selected to receive 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 disclosure material regarding activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying additional remuneration or 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 corresponding to the prize in the publications of this Promotion reflect the reality of what is offered and promoted by Ferretería EPA. If a selected Participant fails to 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 have no right to any claim or compensation, even partial, 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 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 the Individual 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 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 decision, a Notarial Act shall be drawn up regarding these circumstances to record any fact outside of what is 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 of your own volition you do not accept the Prize, you may not claim any compensatory sum or a consolation prize from the Organizer, as such is not governed 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 incurring any liability for said 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, 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 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 Prize to the winning Participant, so 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 responsible for any unauthorized human intervention by third parties in computer systems or similar that alter the development of the promotion; therefore, in the event that any such situation is detected, the Promotion shall 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 following legends will be established on promotional material: “Restrictions and conditions apply according to the Rules of the “FACEBOOK EPA-CONCERT” Promotion.”