OFFICIAL RULES FOR THE “FACEBOOK EPA AND LANCO MARCH” 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 SA, corporate tax ID number 3-101-354271, hereinafter and for the purposes of these Rules 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 abide by these rules and procedures, which shall be considered final with respect to the Promotion and are acknowledged 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 LANCO”, which hereinafter and for the purposes of these Rules will be referred to as the “Promotion”.
The Rules of the Promotion will be disseminated on the Ferretería EPA Facebook profile, without prejudice to Ferretería EPA SA freely choosing any additional advertising medium to promote the Promotion.
The purpose of these Rules is to establish, regulate, limit, and clarify the guidelines and/or conditions under which the Promotion, which is owned and sponsored by Ferretería EPA SA, shall be governed.
The Promotion shall 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 these Rules, 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 through the same means of advertising to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
MARCH 12, 2021, through MARCH 16, 2021. Therefore, the term of its validity shall be limited to the dates indicated above.
ARTICLE THREE: PURPOSE OF THE PROMOTION
To participate in and benefit from this Promotion, it is necessary that the Participant knows and accepts in advance all the conditions, requirements, and limitations established in these Rules, which may be explained in general terms by the Ferretería EPA Promotions Manager at the email address promociones@cr.epa.biz, upon being duly identified by any interested follower. Any violation of these Rules 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 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 the 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 Promotion's validity period, the benefit of being selected as a winner of the prize that is the subject of this Promotion, in accordance with the mechanics 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 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 persons who are followers of the aforementioned profile may participate; therefore, 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. For the purposes of establishing the required criteria, 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, identifying which wall in their home #LeFaltaPintura (needs painting).
The foregoing must be done during the validity period established above in Article Two. Participants have the chance to win simply by 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 the regulations 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 these Rules.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms defined below, as well as the definitions used in these Rules, 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 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 subject to 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 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: 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 these Rules; 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 these Rules; the prize consists of (1) pail of Stainless paint, code 02-81-133.
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 considered as such who are part of the commercial line of business 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, 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 ended, all entries that meet the mentioned requirements and 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 persons who have participated. The random draw will take place on March 23, 2021, at the central offices of Ferreterías EPA, and the draw will be conducted 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 fulfillment of the requirements and the process of the Promotion by means of a Notarial Act, in accordance with these Rules. 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 the event that they do not qualify, the selected person 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 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 number, etc.), in order to contact the favored winner by phone within a maximum period of (3) business days. In case of not being able to locate 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 March 30, provided that all the aforementioned in this article has been verified; otherwise, the organizer reserves the right to modify the announcement date until all data necessary for publication are correctly verified. The winner will be announced solely on 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 these Rules, and 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 as proof of 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 the event that 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 it is not possible to carry out the necessary data verification of the official winner, an alternate winner will be automatically chosen and the 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 month from the moment they are contacted by Ferretería EPA S.A. collaborators, 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 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, as the objective 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 freely and spontaneously authorizes Ferretería EPA S.A. 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 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 on 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 fail to comply with 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 liability, being exonerated from the obligation to allow participation and the delivery of a prize or benefit.
SIXTH ARTICLE: IMAGE USE AND FINAL PROVISIONS.
In order to make the results of the Promotion public, at the Organizer's decision and discretion, participants who are selected for any of the Prizes in this Promotion expressly authorize the Organizer for their project, name, and image to appear in publications and other advertising media, and in general, in all material disclosing activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying any additional remuneration or compensation, or claims for image rights. By participating, they adhere to the regulations of these Rules and may not refuse the disclosure of their information and image rights.
It is stated that all illustrations and/or photographs used in the publications of this Promotion corresponding to the prize 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 will 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 an alternate 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 with Regard to the Processing of their Personal Data” and its Regulations, therefore, upon selection 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 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 for these circumstances to attest to 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 by your own will do not accept the Prize, you will not be able to 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 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 any liability arising from such suspension.
Ferretería Epa S.A. will not be responsible for collateral expenses incurred by the Participant to carry out the steps to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, cost of transport, 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 favored Participant; therefore, the organizer is responsible only for the delivery of the prize indicated in these Rules.
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 alters the development of the promotion, so in case any such situation is detected, said Promotion will be suspended.
For more information or inquiries about 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 establish the following legends: “Restrictions and conditions apply according to the Rules of the “FACEBOOK EPA AND LANCO” Promotion”