Official rules for the "Facebook EPA-Sur" 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, hereinafter and for the purposes of this Regulation 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 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 shall be "FACEBOOK EPA-Sur," which hereinafter and for the purposes of this Regulation shall be referred to as the "Promotion."
The Promotion Regulation shall be disseminated on the Ferretería EPA Facebook profile, 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 shall be governed by the following rules and conditions. By the mere act 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 to all Consumers through the same advertising medium.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
June 25, 2021, to June 29, 2021. Therefore, its validity period will be limited to the aforementioned dates.
ARTICLE THREE: PURPOSE 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 Promotions Manager at 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 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 period, the benefit of being selected as the winner of the prize subject 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 take place solely through the official "EPA Costa Rica" profile on the Facebook and Instagram pages, specifically: (https://www.facebook.com/epacostarica). In this sense, only those who are followers of the mentioned profile may participate, so any other person who is not a follower of the aforementioned profile may not participate with the object of being a beneficiary of the prize. To establish the required limitations, 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, stating which is their favorite among the options: Sílica, Granito, or Venenciano.
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 in the running for the purpose 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, the 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 introduced 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. "Client or Participant" means any of the natural persons who participate in the Promotion with the limitations indicated in this Regulation, and who must be followers 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 to participate and be subject to this Promotion, the following: (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 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 the advisory and management services for the Promotion, in accordance with the terms and conditions of this Regulation; for this case, it is called 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 a purchase order of ¢30,000 redeemable at https://cr.epaenlinea.com/.
The Promotion is directed at Clients, 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 cycle as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, the collaborators and representatives of the Organizer who are eventually incorporated and identified during the Promotion, nor 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: 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 winners of the prizes indicated in this Regulation will be selected from among all those persons who have participated. The random draw will take place on June 30, 2021, at the headquarters of Ferreterías EPA; the draw will be carried out by those in charge of the Marketing Department. An Act/Affidavit must be drawn up regarding this situation before 2 Witnesses, including the names of the winning Participants and their respective alternates; a total of 2 alternates will be selected. This information may also be presented before a Notary Public so that they may attest to the compliance with the requirements and the process of the Promotion by drawing up 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 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 entry meets all the requirements, the winner will be contacted via private message on 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.), in order to contact the winning recipient via telephone during 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 on July 07, provided that everything mentioned above 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 Draw has been carried out and the respective 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 winning person must sign as receipt of 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 winning recipient 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 performed, an alternate winner will be automatically selected and we will proceed with the data verification and prize delivery 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 times, 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. resulting from the loss of the Prize. Said Prize CANNOT be transferred under any circumstances to a family member, spouse, child, or third party, as the object of the promotion is that the fan and/or follower who made the comment and presented the valid identity card be the beneficiary of the Prize. Likewise, the winning 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 that the Prize has been accepted, but for any circumstance the Participant refuses to receive it or to complete the respective paperwork for the formalization, the recipient will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the discretion of the Organizer. The granting of any of the prizes will be conditioned 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, and will be 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 decision and discretion of the Organizer, participants who are selected as winners of any of the Prizes in this Promotion expressly authorize the Organizer to use their project, name, and image in publications and other advertising media, and in general in all promotional material for activities following the Promotion, such as the delivery and receipt of prizes, without implying any additional remuneration or compensation, or 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 placed on record 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 fails to appear to redeem 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 not be entitled to any claim or compensation, even partially, which each Participant accepts by voluntarily adhering to the participation in the promotion. Should such a situation arise, the Organizer is authorized to select a substitute 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 Individuals with regard to the Processing of their Personal Data" and its Regulations; therefore, upon being selected 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 communicating with them as a winner of the Promotion.
Likewise, in special cases that warrant it, at the decision of the Sponsor, a Notarial Deed will be drawn up regarding these circumstances to place on 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 you choose not to accept the Prize of your own volition, you may not claim any indemnification 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 incurring any liability for such suspension.
Ferretería EPA S.A. will not be responsible for any collateral expenses incurred by the Participant in carrying out the procedures 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 its benefits 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 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 thereof.
The Organizer shall not be liable for any unauthorized human intervention by third parties in computer or similar systems that alters the development of the promotion; therefore, in the event that any such situation is detected, the 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, the promotional material will include the following disclaimer: “Restrictions and conditions apply according to the Rules of the Promotion “FACEBOOK EPA-Sur”