Official rules for the "Facebook Live August" campaign
This Regulation (hereinafter the “Regulation”) aims to establish, define, and limit the terms and conditions of the promotion to be conducted by Ferretería EPA S.A., legal entity identification number 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 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 final regarding 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 S.A.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be “FACEBOOK LIVE EPA AUGUST”, which hereinafter and for the purposes of this Regulation shall be referred to as the “Promotion”.
The Promotion Regulation will be disseminated in the regulation section of Ferretería EPA on Epaenlinea.com, 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 by the following rules and conditions. By the mere fact 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 to all Consumers by the same advertising medium.
ARTICLE TWO: PROMOTION TERM
This Promotion is for a limited time, as follows:
The promotion is valid only on August 24, 2021. Therefore, its validity period will be limited to the dates indicated above.
ARTICLE THREE: OBJECT 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 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 application systems 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 object of the Promotion is to offer the fans and/or followers of the Official Facebook Profile of Ferretería EPA (https://www.facebook.com/epacostarica), without the need to make any type of purchase in any of the Ferretería EPA Stores, during the term of the Promotion, 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 profile of “EPA Costa Rica” on the Facebook and Instagram pages, specifically: (https://www.facebook.com/epacostarica). In this sense, only those 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 by “liking” the page 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:
During the broadcast, people must answer the question: Which area of your home would you like to fill with style using products from our suppliers?
The above must be done during the validity period established in Article Two. Participants have the possibility of winning simply by having entered and completed the requirements for participation. As a limitation for all Participants, they may post one (1) or more comments, however, only one (1) post will remain participating 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 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 introduced below, 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 who 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, in order 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) Telephone 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: 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 one (1) winner and one (1) unique type of prize and/or benefit, described below:
Prize:
In this promotion, one (1) type of prize will be awarded; the winner will be selected randomly from among the participants who meet the requirement mentioned in Articles Three and Three-A of this regulation; the prize will be one (1) purchase order for fifty thousand colones (¢50,000) redeemable at https://cr.epaenlinea.com/.
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, 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 Organizer's employees and representatives who may 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, the information of the Participants who meet the mentioned requirements during the validity of the Promotion will be collected.
The winners of the prizes indicated in this Regulation will be selected from among all those persons who have participated. The random draw will take place on August 25, 2021, at the central offices of Ferreterías EPA, and will be conducted by those in charge of the Marketing Department. An Act / Sworn Declaration shall be drawn up regarding said situation before two (2) witnesses, stating the names of the winning Participants and their respective alternates; a total of TWO (2) alternates will be selected. This information may also be presented to 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 the chances of being favored for each of the participants are not modified.
Next, 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 participation 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 back and send their personal data (full name, identification number, phone, etc.), for the purpose of contacting the favored winner by phone within a maximum period of three (3) business days. In case of failing to locate the selected person within a maximum of three (3) calling 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 September 2, provided that everything mentioned 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 aforementioned Drawing 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, and once the winner has been contacted following the procedure by a representative of Ferretería EPA, 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 receipt of their prize, as well as a liability release document for Ferretería EPA S.A. where all the limitations and conditions that the Prize grants 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 transportation or the cost associated with it in case of not having 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 automatically selected and the data verification and prize delivery will proceed taking into account the specifications of this Regulation.
The Winner must collect their Prize within a period of no more than one (1) month from the moment they are contacted by Ferretería EPA S.A. employees, at the hours, days, and place established to collect the agreed 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, given that 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 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 of having accepted the Prize, but for any circumstance, the Participant refuses to receive it or complete the respective paperwork for formalization, the favored person will lose their right to the Prize. A Notarial Act shall be drawn up regarding these circumstances 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 responsibility, exonerating them 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 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 dissemination 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 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 not be entitled 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 on the Protection of Individuals with regard to the Processing of their Personal Data" and its Regulations. Therefore, upon being selected 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 being able to communicate 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 for these circumstances to record 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 comply with the restrictions and conditions regulated herein, or for any other reason of your own volition you do not accept the Prize, you will not be able to claim any indemnification amount or a 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 being generated for such suspension.
Ferretería EPA S.A. will not be responsible for 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, cost of transportation, 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 if any such situation is detected, the Promotion will be suspended.
For more information or queries 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 in promotional material, the following legends will be established: "Restrictions and conditions apply according to the Promotion Rules “FACEBOOK LIVE EPA AUGUST”