Official rules for the “May 17th EPA Facebook Live” 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 ID 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 abide by these rules and procedures, which shall be considered final regarding 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 S.A.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be “FACEBOOK LIVE 17 MAY EPA,” which shall hereinafter and for the purposes of this Regulation be referred to as the “Promotion.”
The Promotion Regulation 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.
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 S.A., will be governed.
The Promotion will be governed under the following rules and conditions. By the mere fact 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, 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.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
MAY 17, 2021 only. Therefore, its validity period will 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 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, upon being duly identified in response to any query from an interested follower. Any violation of this Regulation and/or the procedures, mechanics, and systems for implementing 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 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 validity period of the Promotion, the benefit of being favored as the 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 this Regulation) must at all times accept the terms and conditions of this Regulation.
The Promotion is designed to take place solely 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 person who is not a follower of the aforementioned profile will not be able to participate with the goal 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 the post during the live broadcast.
The above must be done during the validity period established previously in article two. Participants have the possibility of winning simply by having entered and having 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 in the running for the purpose of being favored in the drawing of this Promotion.
Ferretería EPA S.A. reserves the right to require the Participant to provide 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, the Participants who wish to enter the drawing shall 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, 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, to participate and be the subject of this Promotion, the winner must send to the EPA Costa Rica profile via private message: (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 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 consulting and management services for the Promotion, in accordance with the terms and conditions of this Regulation; for this case, it is called 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, which consists of a trash can kit containing:
(1) 42L paper/cardboard recycling bin, gray, code 11-26-000
(1) 42L container recycling bin, blue, code 11-26-001
(1) 42L aluminum recycling bin, yellow, code 11-26-006
(1) 42L organic recycling bin, green, code 11-26-007
(1) 42L glass recycling bin, orange, code 11-26-009.
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 who are considered as such, and who are part of the commercial line as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, the collaborators and representatives of the Organizer who are eventually 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 concluded, all entries that meet the mentioned requirements and that 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 participated; the random drawing will take place on May 18, 2021, at the central offices of Ferretería EPA, and the drawing will be conducted by those in charge of the Marketing Department. An Affidavit/Minutes must be drawn up 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 Public Notary so that they may attest to the fulfillment of 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 date of the drawing for convenience, provided that the chances of being favored for each of the participants are not modified.
Then, verification of the correct participation of the selected winner will proceed; in the event that they do not comply, the selection is discarded and verification of the first alternate proceeds, 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 one (1) business day after the message is sent to report in and send their personal data (full name, identification number, phone, etc.), for the purpose of contacting the favored winner by phone for a maximum period of (3) business days. In case the selected person is not located in 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 proceed. The winner will be announced starting on May 25, 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 wall post.
After the referred Drawing has been held and the respective person favored 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, the place, date, and time for the delivery and collection of the corresponding Prize will be indicated. In this sense, the winner must sign the receipt of their prize, as well as a release of liability document for Ferretería EPA S.A., where all the limitations and conditions that the granted Prize entails 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 transportation or the cost associated therewith in the event that they do not have the necessary means to transport and/or install it in the place they freely decide.
Failure to comply with the conditions established in this Regulation or the inability to perform the necessary data verification of the official winner will result in the automatic selection of an alternate winner, 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 times, days, and location established to collect the previously agreed-upon Prize.
Failure to do so will result in the loss of the right to the same, 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 object 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 rights 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 party will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the Organizer's discretion. The granting 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 liability, and shall be 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 publicize the results of the Promotion, at the Organizer's decision and discretion, the participants who are selected for 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 any promotional 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, and 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 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 Terms and Conditions, their right to claim the prize shall be considered voluntarily waived. The selected Participant shall not have any right to any claim or compensation, even partial, 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 for the Protection of the Individual 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 as a winner of the Promotion.
Likewise, in special cases that warrant it, at the Sponsor's decision, a Notarial Act will be drawn up regarding these circumstances to certify any fact beyond what is foreseen in these Terms and Conditions.
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 free will, you may not 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 Terms and Conditions.
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 being generated by such suspension.
Ferretería Epa S.A. shall not be responsible for the collateral expenses involved for 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 thereof have been applied through deception, 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 only responsible for the delivery of the prize indicated in these Terms and Conditions.
The prize winner shall be responsible for the use and enjoyment they make of it.
The Organizer shall not be responsible for any unauthorized human intervention by third parties in computer systems or the like 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 about 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 on promotional material, the following legends will be established: “Restrictions and conditions apply according to the “FACEBOOK LIVE 17 MAY EPA” Promotion Terms and Conditions”