Official rules for the "Facebook EPA-SUR December 2021" 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 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 definitive regarding the Promotion and 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 DECEMBER 2021", 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 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 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 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 through the same means of advertising to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
December 9, 2021, to December 12, 2021. Therefore, the term of its validity 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 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 type of purchase in any of the Ferretería EPA Stores, during the term of the Promotion, the benefit of being favored as the winner of the prize that is the object 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 be carried out solely through the official profile of “EPA Costa Rica” on the Facebook and Instagram pages, 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 indicated profile will not be able to participate with the object of being a beneficiary of the prize. For the purpose 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:
Participants must comment on what mischief the little ones in their home or their pets have done to their walls.
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 remain participating 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 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 initiated below, as well as the definitions used in this Regulation, will have the meaning established in 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 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, they must send to the EPA Costa Rica profile via private message in order to participate and be the object of 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 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, in this case named 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:
0273010 3000 MATTE WHITE 5G (can be tinted to the color of choice)
0271005 PAINTER'S SET, 8 PIECES
The Promotion is directed at Customers, Followers of the Official Profile, and Final Consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, and other persons who are considered as such, and who form part of the commercial line as well as the production chain of Ferretería EPA, will not be able to participate in this Promotion. Likewise, employees and representatives of the Organizer that 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 first degree of consanguinity or affinity, will not be able to 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 December 13, 2021, at the headquarters of Ferreterías EPA; the draw will be carried out by those in charge of the Marketing Department. An Act / Sworn Declaration shall 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 through the drawing up of 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 favored for each of the participants are not modified.
Then, the correct participation of the selected winner will be verified; in case 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 to 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 via phone for a maximum period of (3) business days. In the event that the selected individual cannot be located 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 from December 22, 2021, 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 on the “EPA Costa Rica” Facebook wall in a post.
After the aforementioned Draw 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 this Regulation, once the winner has been contacted following the procedure by an EPA representative, they will be indicated the place, date, and time for delivery, as well as the 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 granted Prize has 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 therewith in the event 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 it is not possible to perform the necessary data verification of the official winner, an alternate winner will be automatically selected and the data verification and prize delivery 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. employees, at the hours, 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, given that 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 favored 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 of having accepted the Prize, but for whatever circumstance the Participant 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 of these circumstances will be drawn up at the discretion of the Organizer. The awarding of any of the prizes will be conditional 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 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 favored with any of the Prizes of 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 subsequent to the Promotion, such as the delivery and receipt of prizes, without implying 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 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 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 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 on the Protection of Individuals regarding the Processing of their Personal Data” and its Regulations. Therefore, upon being selected 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 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 for these circumstances to record any fact outside of what is provided for in these Terms and Conditions.
In the event that you are a Winner and for any reason, whether you do not comply with the restrictions and conditions regulated herein, or of your own free will you do not accept the Prize, you may not claim any compensatory sum or a consolation prize from the Organizer, as such 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 force majeure or act of God, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without any liability being generated for said suspension.
Ferretería Epa S.A. will not be responsible for collateral expenses that the Participant may incur 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 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 favored Participant; therefore, the organizer is responsible only for the delivery of the prize indicated in these Terms and Conditions.
The prize winner will be responsible for the use and enjoyment they make of it.
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; therefore, in the event that any such situation is detected, said 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 following legends will be established on promotional material: “Restrictions and conditions apply according to the Promotion Terms and Conditions “FACEBOOK EPA-SUR DECEMBER 2021”