Official rules for the "Facebook EPA - South April 2022" campaign
Official Rules for the "Facebook EPA - South April 2022" Promotion
These Rules (hereinafter the “Rules”) have the objective of establishing, defining, and limiting the terms and conditions of the promotion to be carried out by FERRETERÍA EPA S.A., legal entity identification number 3-101-354271, which will be referred to hereinafter and for the purposes of these Rules 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 will be “FACEBOOK EPA-SOUTH APRIL 2022”, which will be referred to hereinafter and for the purposes of these Rules as the “Promotion”.
The Rules of the Promotion will be disseminated on the Ferretería EPA website, without prejudice to Ferretería EPA S.A. freely choosing any other additional advertising medium to promote it.
These Rules are intended 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, the Participants accept all the rules expressed in these Rules unconditionally, 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 advertising medium to all Consumers.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
April 26, 2022, to April 29, 2022. Therefore, its validity period will be limited to the dates indicated above.
ARTICLE THREE: PURPOSE 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 these Rules, 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 these Rules and/or the procedures, mechanics, and application systems of the Promotion will imply the immediate exclusion of the Participant from the Promotion and the revocation of any right or prize granted by these Rules.
During the validity period of this Promotion, duly delimited in the previous Article of these Rules, persons interested in participating in the Promotion may do so in the manner described in the following articles.
The purpose 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 at any Ferretería EPA Store, during the validity period of the Promotion, the benefit of being favored as the winner of the prize that is the subject of this Promotion, in accordance with the mechanics that will be indicated below. The Participant (see definition of Participant in Article Four of these Rules) must at all times accept the terms and conditions of these Rules.
The Promotion is designed to take place exclusively 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 aforementioned profile may participate, so 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 purposes of establishing 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:
Comment, which color of anti-corrosive do you prefer for your roofs and gates?
Answers to choose from: green, black, white, brick, or gray
The above must be done during the validity period established previously in Article Two. Participants have the possibility of winning simply by having entered and having 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 the running for the purpose of being favored in the drawing 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 who wish to participate in the drawing shall do so in accordance with the mechanics expressed in these Rules.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms, as well as the definitions used in these Rules, 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 natural person who participates in the Promotion with the limitations indicated in these Rules, 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 to participate and be eligible for 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) Telephone 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 these Rules, in this case referred to as Interaction.
5-Prize: In this Promotion, there is 1 winner and only one 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 these rules; the prize will be:
Prize: 1411157
The Promotion is aimed at Customers, Followers of the Official Profile, and End Consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, and other persons who consider themselves as such, and who are part of the commercial cycle as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, employees and representatives of the Organizer who are eventually incorporated and identified during the Promotion may not participate, nor may employees of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the third 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 compiled.
The winners of the prizes indicated in these Rules will be selected from among all those who have participated. The random drawing will take place on May 2, 2022, at the central offices of Ferreterías EPA, and will be conducted by those in charge of the Marketing Department. A Minutes/Affidavit must be drawn up regarding this situation before 2 witnesses, including the names of the winning Participants and their respective alternates; in total, 1 alternate will be selected. This information may also be presented to a Notary Public so that they may attest to the fulfillment of the requirements and the process of the Promotion through the drafting of a Notarial Act, in accordance with these Rules. The organizer reserves the right to modify the mentioned date of the drawing for convenience as long as the chances of being favored for each of the participants are not modified.
Next, the correct participation of the selected winner will be verified; if they do not meet the requirements, 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 two (2) business days once the message is sent to report and send their personal data (full name, identification number, phone, etc.), in order to contact the favored winner by phone for a maximum period of (3) business days. In case the selected person cannot be reached in 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 May 12, 2022, 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 data necessary for publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Facebook page in a post on the wall.
After the aforementioned Drawing has been carried out and the respective favored person and/or winner of the prize has been identified, in accordance with the previous Articles of these Rules, 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 that the Prize grants 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 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 these Rules are not met or if the necessary data verification of the official winner cannot be carried out, an alternate winner will be automatically chosen, and data verification and prize delivery will proceed taking into account the specifications of these Rules.
The Winner must collect their Prize within a period of no more than 1 calendar month from the moment they are contacted by Ferretería EPA S.A. collaborators, during the hours, days, and at 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 against Ferretería EPA S.A. as a result of the loss of the Prize. Said Prize MAY NOT be transferred under any circumstances to a relative, spouse, child, or third party, since the purpose 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 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 of having accepted the Prize, but for whatever circumstance the Participant refuses to receive it or to complete the respective paperwork for its formalization, the favored person will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the discretion of the Organizer. The awarding of any of the prizes will be conditioned on the compliance with each and every applicable law and regulation, as well as compliance with the provisions of these Rules. 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: 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 win 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 dissemination material for activities following the Promotion, such as the delivery and receipt of prizes, without implying any additional remuneration or compensation, nor claims for image rights. By participating, they adhere to the regulations of these Terms and Conditions and may not refuse the dissemination of their information and image rights.
It is placed on record 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 these Terms and Conditions, 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 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 for the Protection of Individuals against 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 determines 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 attest to any fact not foreseen 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 choose not to accept the Prize of your own volition, you may not claim any indemnity sum 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 Terms and Conditions.
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 collateral expenses incurred by the Participant to carry out the procedures 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 therefrom, 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; therefore, the organizer is responsible only for the delivery of the prize indicated in these Terms and Conditions.
The winner of the prize will be responsible for the use and enjoyment they make of it.
The Organizer will not be responsible for any unauthorized human intervention by third parties in 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 regarding 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, the promotional material will establish the following legends: “Restrictions and conditions apply according to the Promotion Terms and Conditions “FACEBOOK EPA-SUR APRIL 2022”