OFFICIAL RULES FOR THE “FACEBOOK EPA AND SUR February 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 SA, corporate tax ID 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 deemed final with respect to 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 SA.
FIRST ARTICLE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion will be "FACEBOOK EPA Y SUR," which hereinafter and for the purposes of this Regulation shall be referred to as the "Promotion."
The Promotion Regulation will be published 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 agree to submit to the decisions of the organizers on any matter related to the promotion, which will be duly informed and communicated by the same advertising medium to all Consumers.
SECOND ARTICLE: TERM OF THE PROMOTION
This Promotion is for a limited time, as follows:
FEBRUARY 23, 2021, through FEBRUARY 26, 2021. Therefore, the validity period of the same shall be limited to the dates indicated above.
THIRD ARTICLE: 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 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 to any interested follower upon inquiry. 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 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 purchase at any Ferretería EPA Store during the Promotion's validity period, the benefit of being selected as the winner of the prize subject to this Promotion, in accordance with the mechanics indicated below. The Participant (see definition of Participant in the Fourth Article of this Regulation) must at all times accept the terms and conditions of this Regulation.
The Promotion is designed to be carried out only through the official "EPA Costa Rica" profile on Facebook and Instagram, specifically: (https://www.facebook.com/epacostarica). In this sense, only those who are followers of the mentioned profile may participate; therefore, any other person who is not a follower of the aforementioned profile may not participate with the purpose of being a beneficiary of the prize. For the purpose of establishing the required prerequisites, all interested persons must become followers by means of a "like" before and/or during the validity period of this Promotion.
ARTICLE THIRD-A: PROMOTION MECHANICS
In addition to what is described above, the promotion will be carried out as follows:
Participants must comment on the post, uploading a photo of the project they would like to do in their home.
The above must be done during the validity period established in the second article. 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 pool for the purposes of being selected in the drawing of this Promotion.
Ferretería Epa S.A. reserves the right to demand from the Participant any additional document or personal information 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 enter the drawing shall do so in accordance with the mechanics expressed in this Regulation.
FOURTH ARTICLE: 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 of the natural persons who participate in the Promotion with the limitations indicated in this Regulation, 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 the winner, they must send to the EPA Costa Rica profile via private message to participate and be eligible for 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 on the Protection of Individuals 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 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 the third article of this regulation; the prize consists of (¼) gallon of chalkboard paint code 02-18-115 and (1) desk with bookshelf code 09-10-043.
The Promotion is aimed 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 business as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, the collaborators and representatives of the Organizer who may eventually be incorporated and identified during the Promotion may not participate, nor may collaborators of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the first degree of consanguinity or affinity.
FIFTH ARTICLE: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, all entries that meet the mentioned requirements and that 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, in a random drawing to be held on MARCH 1, 2021, at the Ferreterías EPA central offices; the drawing will be conducted by those in charge of the Marketing Department. A Minute/Affidavit shall be drawn up regarding this situation before 2 witnesses of 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 to attest to 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 drawing for convenience, provided that it does not modify the chances of being selected for each of the participants.
Next, the correct participation of the selected winner will be verified. In the event that they do not comply, the selected person is disqualified, 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 after the message is sent to report and send their personal data (full name, identification number, phone, etc.), in order to contact the selected winner by phone within a maximum period of three (3) business days. In case of not locating the selected person after 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 March 8, 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 mentioned Drawing has been carried out and the respective beneficiary 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 the delivery and collection of the corresponding Prize. In this sense, the winner must sign a receipt for their prize, as well as a release of liability 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 the use and/or consumption thereof. Likewise, the winning participant 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 this Regulation are not met, or if the necessary data verification of the official winner cannot be performed, an alternate winner will be chosen automatically, 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. collaborators at the hours, days, and place established to collect the previously agreed-upon 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. as a result of the loss of the Prize. Said Prize may NOT be assigned 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 is 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 of having accepted the Prize, but for any circumstance the Participant refuses to receive it or to complete the respective paperwork for formalization, the beneficiary 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 conditional upon compliance with each and every applicable law and regulation, 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, being 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 make the results of the Promotion public, at the decision and discretion of the Organizer, participants who are selected for 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 any outreach material for activities following 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 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 will be considered a voluntary waiver of their right to claim the prize. The selected Participant will have no right to any claim or compensation, not even partially, which each Participant accepts by voluntarily adhering to participation in the promotion. If such a situation arises, 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 for the Protection of the Person Regarding the Processing of their Personal Data" and its Regulations. Therefore, at the time of 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 decision of the Sponsor, a Notarial Act will be drawn up regarding these circumstances to certify any fact not provided for in these Rules.
In the event that a Winner, for any reason, fails to comply with the restrictions and conditions regulated herein, or voluntarily chooses not to accept the Prize, they may not claim any indemnity or consolation prize from the Organizer, as such is not covered by this Promotion.
The Promotion and the Participants are subject to the requirements, conditions, and restrictions of these Rules.
In the event of any unforeseen circumstances 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. shall 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 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 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 of said prize.
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, and in the event such a 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 and the promotional material, the following captions will be established: “Restrictions and conditions apply according to the Rules of the “FACEBOOK EPA AND SUR” Promotion.”