Official rules for the "EPA April 2022 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., corporate identification number 3-101-354271, which will hereinafter be referred to as "The Organizer" and/or "Ferretería EPA" for the purposes of this Regulation.
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 definitive with respect to 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 LIVE EPA- APRIL 2022," which will hereinafter be referred to as the "Promotion" for the purposes of this Regulation.
The Promotion Regulation will be disseminated on the Ferretería EPA website, without prejudice to Ferretería EPA S.A. freely choosing any other 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 will be governed, which belongs to and is sponsored by Ferretería EPA S.A.
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 through the same advertising medium.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
The promotion is in effect only on April 21, 2022, during the live broadcast, tentatively starting at 6:30 p.m. on said day. Therefore, the duration of the promotion will be limited to the dates and time 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 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 Facebook Profile of Ferretería EPA (https://www.facebook.com/epacostarica) the benefit of being chosen as the winner of the prize subject to this Promotion, without the need to make any type of purchase in any of the Ferretería EPA Stores during the Promotion's validity period, in accordance with the mechanics indicated below. The Participant (see definition of Participant in Article Four of this Regulation) must accept the terms and conditions of this Regulation at all times.
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 for the purpose of being a beneficiary of the prize. For the purpose of establishing the required limitations, all interested parties 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:
During the broadcast, people must comment:
Who are the two suppliers that were part of our FB live?
The above must be done during the validity period established in Article Two above. 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 chosen in the drawing for 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, Participants who wish to enter the drawing will do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms initiated below, as well as the definitions used in this Regulation, will 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 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 a winner, they must send to the EPA Costa Rica profile via private message on Facebook in order to participate and be eligible for 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 with regard to 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, it is 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 type of prize will be awarded. The winner will be selected randomly from among the participants who meet the requirement mentioned in Article Three of this regulation; the prize will be:
one (1) machine for 6 cupcakes
one (1) analog air fryer
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 form part of the commercial turnover as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, collaborators and representatives of the Organizer who are eventually incorporated and identified during the Promotion, as well as collaborators of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the third degree of consanguinity or affinity, may not participate in the Promotion.
ARTICLE FIVE: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, the information of the participants who meet the mentioned requirements and who 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 22, 2022, at the central offices of Ferreterías EPA, and will be carried out by those in charge of the Marketing Department. An Act / Sworn Declaration shall be drawn up regarding this situation before 2 witnesses with the names of the winning Participants and their respective alternates; in total, 1 alternate will be selected. This information may also be presented to a Notary Public so that they may attest to 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 aforementioned drawing date for convenience, provided that the chances of being chosen 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 the requirements, the winner will be contacted via private message to the "EPA Costa Rica" Facebook page and will have a period of two (2) business days after the message is sent to report and send their personal data (full name, identification number, phone, etc.) in order to contact the chosen winner via telephone within a maximum period of three (3) business days. In the event that the selected person cannot be reached 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 be made. The winner will be announced starting on May 4, 2022, 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 aforementioned Drawing has been held and the respective person chosen 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 the 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 chosen 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.
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 an alternate winner being automatically chosen, and the 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 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 it, and the winner will not be able to claim damages and/or losses from Ferretería EPA S.A. resulting from the loss of the Prize. Said Prize CANNOT be transferred under any circumstances to a family member, spouse, child, or third party, as 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 chosen 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 due to any circumstance, the Participant refuses to receive it or to complete the respective paperwork for formalization, the chosen 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 conditioned 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, exonerating themselves from the obligation to allow participation and the delivery of a prize or benefit.
ARTICLE SIX: USE OF IMAGE AND FINAL PROVISIONS.
In order to publicize the results of the Promotion, at the decision and discretion of the Organizer, the participants who are favored with any of the Prizes of 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 material disclosing activities subsequent to the Promotion, such as the delivery and receipt of the prizes, without implying any additional remuneration or compensation, nor 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 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 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. If such a situation arises, 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 the Individual with regard to the Processing of their Personal Data” and its Regulations, so that at the time of 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, in general, 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 regarding these circumstances to place on record any fact 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 free will, you may not claim any indemnity amount 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 case of 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 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 transport, 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 of the same 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, so 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 give to it.
The Organizer will not be liable 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 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 the communication of these Rules and the promotional material, the following legends will be established: “Restrictions and conditions apply according to the Promotion Rules “FACEBOOK LIVE EPA APRIL 2022”