Official rules for the "Facebook EPA and Toolcraft" campaign
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 registration number 3-101-354271, which shall hereinafter and for the purposes of this Regulation be 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 respect 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 AND TOOLCRAFT”, which hereinafter and for the purposes of this Regulation shall be referred to as the “Promotion”.
The Regulation of the Promotion will be disseminated on the Ferretería EPA Facebook profile, without prejudice to Ferretería EPA S.A. freely choosing another additional advertising medium to disseminate the promotion.
This Regulation aims 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 shall 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 this Regulation unconditionally, 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 by the same advertising medium to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
APRIL 21, 2021, to APRIL 25, 2021. Therefore, the term of its validity shall 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 that the Participant knows and accepts in advance all conditions, requirements, and limitations established in this Regulation, which may be explained in a general manner by the Promotions Manager of Ferretería EPA via email at 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 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 in any of the Ferretería EPA Stores during the Promotion's validity period, the benefit of being favored as the winner of the prize 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 “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 mentioned profile may participate, so 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 limitations, 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 was previously described, the promotion will be carried out as follows:
Participants must comment on the post, answering or completing the phrase “A home manager is someone who...” adding their answer.
The above must be done during the validity period established previously in Article Two. Participants have the possibility to win 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 for the purposes of being favored in the drawing of 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 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 this Regulation, having to 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 for 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: 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, referred to as 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) Toolcraft kit which includes:
1 Metal tool box, 1 Magnetic measuring tape + 1 10" adjustable wrench + 1 12” aluminum level + 1 7” diagonal cutting pliers + 1 Set of 7 wrenches + 1 8-piece screwdriver set.
The Promotion is directed to 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 are part of the business line as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, the Organizer's collaborators and representatives who may eventually be incorporated and identified during the Promotion, nor collaborators 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 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 who have participated. The random drawing will take place on April 27, 2021, at the central offices of Ferretería EPA; the drawing will be carried out by those in charge of the Marketing Department. An Act / Affidavit must be drawn up regarding this situation before 2 Witnesses with 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 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 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 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 a private message to 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, etc.), in order to contact the favored winner by phone for a maximum period of (3) business days. In case of not locating the selected person within a maximum of 3 call attempts during this period, the corresponding next 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 3, 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 publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Facebook wall in a post.
After the referred Drawing is carried out and the respective favored person and/or winner of the prize is identified, in accordance with the previous Articles of this Regulation, once the winner is contacted following the procedure by an EPA representative, they will be informed of the place, date, and time for the delivery, as well as the collection of the corresponding Prize. In this sense, the winning person must sign for the receipt of their prize, in addition to a liability release document for Ferretería EPA S.A., where all the limitations and conditions of the granted Prize 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 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 chosen, and data verification and prize delivery will proceed taking into account the specifications of this Regulation.
The Winner will have to collect their Prize within a period no longer 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.
If they fail to do so, they will lose the right to it, and 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, given that 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 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 the formalization, the favored person will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the Organizer's discretion. The granting of any of the prizes will be conditional on 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 granted 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 liability, 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 sole decision and discretion, participants who are selected as winners of 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 all dissemination material for activities following the Promotion, such as the delivery and receipt of prizes, without this 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 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 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 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 Persons 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 in order 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 Sponsor's discretion, a Notarial Deed will be drawn up regarding these circumstances to record any event not 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 you do not accept the Prize of your own volition, you may not claim any compensatory sum or 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 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 the collateral expenses that the Participant incurs 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 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 solely for the delivery of the prize indicated in these Rules.
The prize winner shall 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, 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, the promotional material will establish the following legends: "Restrictions and conditions apply according to the Promotion Rules "FACEBOOK EPA AND TOOLCRAFT"."