OFFICIAL RULES FOR THE “EPA AND DRIJA FACEBOOK” 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 SA, corporate identification number 3-101-354271, which shall 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 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 definitive with respect to 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 SA.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be "FACEBOOK EPA Y DRIJA", which shall hereinafter be referred to as the "Promotion" for the purposes of this Regulation.
The Promotion Regulation will be disseminated on the Ferretería EPA Facebook profile, without prejudice to Ferretería EPA SA 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 SA, will be governed.
The Promotion will 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 accept 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 means of advertising to all Consumers.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
November 11, 2020, to November 15, 2020, therefore the validity period thereof will 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 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 Promotion Manager at the email address promociones@cr.epa.biz, upon being duly identified by 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 objective of the Promotion is to offer fans and/or followers of the Official Ferretería EPA Facebook Profile (https://www.facebook.com/epacostarica) the benefit of being favored as the winner of the prize, subject of this Promotion, without the need to make any type of purchase at any Ferretería EPA Store during the Promotion's validity period, 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 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; therefore, any other 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. To establish the required requirements, 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, stating the characteristics of Drija Costa Rica products.
The above must be done during the validity period established in article two above. Participants have the possibility of winning, solely for having entered and having completed the requirements for 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 purposes 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 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 such 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, it 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 a subject 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) Telephone numbers; (iv) Email address, in compliance with the legal provisions established by the "Law for 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: Company hired by Ferretería EPA S.A. to be in charge of providing consulting 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 prize will be awarded to 1 winner. The winner will be selected randomly from among the participants who meet the requirement mentioned in article three of this regulation; the prize consists of (1) 76cm extractor, LED light, code 23-06-067 with a retail price of ¢66,950.
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 considered as such, who are 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 first degree of consanguinity or affinity, may not participate in the Promotion.
ARTICLE FIVE: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has concluded, all entries that meet the mentioned requirements and participated during the promotion's validity 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 November 17, 2020, at the central offices of Ferreterías EPA, and will be carried out by those in charge of the Marketing Department. An Act / Sworn Statement must be drawn up regarding this situation before 2 witnesses, including the names of the winning Participants and their respective alternates; in total, 2 alternates will be selected. This information may also be presented before a Notary Public so that they may certify 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, provided that it does not modify the chances of being favored for any of the participants.
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 requirements, the winner will be contacted via a private message to the "EPA Costa Rica" Facebook page and will have a period of one (1) business day after the message is sent to report and send their personal data (full name, identification number, phone number, etc.), in order to contact the winning winner by phone for a maximum period of (3) business days. In the event that the selected person cannot be reached 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 approximately from November 20 onwards, provided that all the aforementioned in this article has been verified; otherwise, the organizer reserves the right to modify the date of the announcement until all the necessary data for the publication has been 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 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 in the follow-up 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 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 awarded Prize will be expressed, releasing the Sponsor from all liability for its use and/or consumption. 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 it 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 carried out, an alternate winner will be automatically chosen 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 of no more than 1 month from the moment they are contacted by Ferretería EPA S.A. employees at the times, days, and place established to collect the previously agreed Prize.
Failure to do so will result in the forfeiture of the right to the prize, and they 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 family member, spouse, child, or third party, as the objective 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 freely and spontaneously authorizes Ferretería EPA S.A. to use their image 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 reason the Participant refuses to receive it or to complete the respective paperwork for the 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 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 make the results of the Promotion public, at the decision and discretion of the Organizer, 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 for activities following the Promotion, such as the delivery and receipt of the prizes, without implying any 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 for 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 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, not 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 on the Protection of the Individual regarding 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 as a winner of the Promotion.
Likewise, in special cases that warrant it, at the decision of the Sponsor, a Notarial Act will be drawn up regarding these circumstances to record any fact not provided for in these Rules.
In the event that a Winner, for any reason—whether they do not meet the restrictions and conditions regulated herein, or of their own volition does not accept the Prize—they may not claim any indemnity or consolation prize from the Organizer, as such is not provided for by this Promotion.
The Promotion and the Participants are subject to the requirements, conditions, and restrictions of these Rules.
In the event of any force majeure or fortuitous event, 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 the 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, 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 the benefits thereof 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 corresponding Prize to the winning Participant; therefore, the organizer is only responsible for the delivery of the prize indicated in these Rules.
The prize winner will be responsible for the use and enjoyment of the same.
The Organizer will not be responsible 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 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 in promotional material, the following legend will be established: “Restrictions and conditions apply according to the “FACEBOOK AND DRIJA” Promotion Rules”