Official rules for the "Facebook EPA - Panini September 2022" 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, which will hereinafter be referred to for the purposes of this Regulation as “The Organizer” and/or “Ferretería EPA”.
The provisions herein shall be mandatory for the Participants (see the 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 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- PANINI SEPTEMBER 2022”, which shall hereinafter be referred to as the “Promotion” for the purposes of this Regulation.
The Promotion Regulation will be published 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 is owned and 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.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
September 08 to 11, 2022. Therefore, the duration of the promotion shall be limited to the dates indicated above.
ARTICLE THREE: OBJECTIVE OF THE PROMOTION
To participate and be a beneficiary of this Promotion, it is necessary that the Participant knows and accepts in advance all the conditions, requirements, and limitations established in this Regulation, which may be explained in a general manner by the Ferretería EPA Promotion Manager via email at 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 Ferretería EPA Facebook Profile (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 selected 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 carried out solely through the official “EPA Costa Rica” profile on Facebook, specifically: (https://www.facebook.com/epacostarica). In this sense, only those who are followers of the mentioned profile may participate; therefore, any 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. For the purpose of establishing the required limitations, all interested persons must become followers by clicking “like” before and/or during the validity period of this Promotion.
ARTICLE THREE-A: MECHANICS OF THE PROMOTION
In addition to what is described above, the promotion will be carried out as follows:
Tag the person you are going to swap stickers with and that’s how easy it is to participate.
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 comments; however, only one (1) post will be entered for the purpose of being selected in the draw for this Promotion.
Ferretería EPA S.A. reserves the right to require the Participant to provide any additional document or personal information necessary to apply for 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, 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 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, the participant must send to the EPA Costa Rica profile via private message to participate and be eligible for this Promotion, the following: (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 Individuals regarding 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 provide 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 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 softcover World Cup album + one box with 104 sticker packs
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 form 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 who may eventually be incorporated and identified during the Promotion, nor 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 concludes, the information of the participants who meet the mentioned requirements and who participated during the validity of the promotion will be compiled.
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 September 12, 2022, at the central offices of Ferretería EPA, and the draw will be conducted by those in charge of the Marketing Department. A record/Sworn Statement 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 certify compliance with the requirements and the process of the Promotion through a Notarial Deed, 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 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 substitute will be verified, following the same protocol, and so on until the substitute winners are exhausted. In the event that the participation meets all the requirements, the winner will be contacted via private message to the “EPA Costa Rica” Facebook page and will have a period of two (2) business days once the message is sent to report back and send their personal data (full name, identification number, phone, etc.), in order to contact the selected winner by phone within a maximum period of (3) business days. In case of not locating the selected person 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 be made. The winner will be announced from September 30, 2022, provided that all the above-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 solely on the “EPA Costa Rica” Facebook wall post.
After the aforementioned Draw is carried out and the respective beneficiary and/or winner of the prize is 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 informed of the place, date, and time for the delivery and collection of the corresponding Prize. In this sense, the winner must sign as acknowledgement of receipt of their prize, as well as a liability release document for Ferretería EPA S.A. where all the limitations and conditions that the Prize entails will be expressed, releasing the Sponsor from all liability for its use and/or consumption. Likewise, the winning participant 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 the inability to perform the necessary data verification of the official winner will result in the automatic selection of a substitute winner 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 greater than 1 calendar month from the moment they are contacted by Ferretería EPA S.A. employees, at the hours, days, and place established for collecting the previously agreed Prize.
Failure to do so will result in the loss of the right to the prize, 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 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 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 any reason, the Participant refuses to receive it or complete the respective paperwork for formalization, the beneficiary will lose their right to the Prize. A Notarial Deed 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 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 of allowing participation and delivering a prize or benefit.
ARTICLE SIX: USE OF IMAGE AND FINAL PROVISIONS.
In order to make the results of the Promotion public, at the Organizer's decision and discretion, the participants who are selected for any of the Prizes of this Promotion expressly authorize the Organizer so that their project, name, and image appear in publications and other advertising media and, in general, in all disclosure material of activities following 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 shall be considered a voluntary waiver of their right to claim the prize. The selected Participant shall have no right to any claim or indemnity, not even partially, which each Participant accepts by voluntarily adhering to participation in the promotion. If such a situation occurs, the Organizer is authorized to select a substitute winner as appropriate.
Ferretería EPA, S.A. will collect certain confidential information of the Participant, including but not limited to their personal data in accordance with the provisions of the “Law for the Protection of Individuals regarding the Processing of their Personal Data” and its Regulation; therefore, at the moment of selection as a Winner or Beneficiary, 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 being able to communicate as the winner of the Promotion.
Likewise, in special cases that warrant it, at the Sponsor's decision, a Notarial Deed will be drawn up for these circumstances, certifying any fact not provided for in this Regulation.
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 do not accept the Prize, you may not claim any indemnity sum or a 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 this Regulation.
In any situation of 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. will not be responsible for collateral expenses that it implies for the Participant to carry out the procedures to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transport cost, among others.
Ferretería EPA S.A. reserves the right to suspend the benefits of this Promotion in those cases where it is determined that the benefits of the same 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 corresponding to the winning Participant, so the organizer is responsible only for the delivery of the prize indicated in this Regulation.
The winner of the prize will be responsible for the use and enjoyment they give it.
The Organizer will not be liable for any unauthorized human intervention by third parties to computer systems or similar that alter the development of the promotion; therefore, if any such situation is detected, the Promotion will be suspended.
For more information or queries 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 Ferretería EPA S.A. Facebook page (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 Regulation of the Promotion ‘FACEBOOK EPA- PANINI SEPTEMBER 2022’”