Official rules for the "EPA March 22 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 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 shall 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 - MARCH 2022”, 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 website, without prejudice to Ferretería EPA S.A. freely choosing another additional advertising medium to promote it.
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 shall 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 in any matter related to the promotion, which shall be duly informed and communicated to all Consumers through the same advertising medium.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only on March 28, 2022, during the live broadcast, tentatively starting at 7:00 PM on said day. Therefore, its validity period shall be limited to the aforementioned dates and time.
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 conditions, requirements, and limitations established in this Regulation, which may be explained in a general manner by the Ferretería EPA Promotions Manager at the email address 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 shall 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), without the need to make any type of purchase at any Ferretería EPA Store during the Promotion's validity period, the benefit of being favored as the winner of the prize 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 be carried out 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 aforementioned profile may participate; therefore, any person who is not a follower of the aforementioned profile may not participate with the goal of being a beneficiary of the prize. For the purposes 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 shall be carried out as follows:
During the broadcast, people must comment:
Which products are the stars of the live stream?
The above must be done during the validity period established in Article Two. Participants have the possibility of winning solely for having competed and having completed the requirements for participation. As a limitation for all Participants, they may make one (1) or more comments; however, only one (1) post will remain as an entry for the purposes 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 to the Promotion. In accordance with what is regulated herein, during the validity period of this Promotion, Participants who wish to participate in the drawing shall 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 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 on Facebook to participate and be subject to 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 the Individual from the Processing of their Personal Data", which shall 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, 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 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) structural pool
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 considered as such, who form part of the commercial activity as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, collaborators and representatives of the Organizer who may be incorporated and identified during the Promotion, nor 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: DRAWING PROCEDURE AND PRIZE COLLECTION.
Once the promotion has concluded, the information of the participants who meet the mentioned requirements and who have participated during the promotion's validity will be collected.
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 March 29, 2022, at the central offices of Ferretería EPA. The drawing will be carried out by those in charge of the Marketing Department. An Act/Sworn Statement must be drawn up regarding this situation before 2 Witnesses, stating 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 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 the event that they do not comply, the selection will be discarded, and the first alternate will be 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 two (2) business days after the message is sent to report and send their personal data (full name, identification number, phone number, etc.) in order to contact the winning beneficiary by phone for a maximum period of three (3) business days. In the event of being unable to locate the selectee 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 from April 18, 2022, 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 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 beneficiary and/or winner of the prize has been 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 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 that the Prize grants will be expressed, releasing the Sponsor from all liability for the use and/or consumption thereof. Likewise, the winning beneficiary 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 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 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. 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 their valid identification 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 that the Prize has been accepted, but for whatever reason 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 shall be drawn up regarding these circumstances at the Organizer's discretion. The granting of any of the prizes shall 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 themselves from the obligation to permit 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 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 material disclosing activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying any additional remuneration or compensation, or claims regarding 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 fails to 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 a substitute 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 with Regard to 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, in order 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 place on record any event 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 meet the restrictions and conditions regulated herein, or of your own volition do not accept the Prize, you may not claim any indemnity amount or consolation prize from the Organizer, as the same 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 force majeure or fortuitous event, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without any liability arising from said suspension.
Ferretería Epa S.A. shall not be responsible for the collateral expenses that the Participant may incur 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 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 successful Participant, therefore the organizer is responsible only for the delivery of the prize indicated in these Rules.
The winner of the prize 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, said 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 promotional material, the following legends will be established: “Restrictions and conditions apply according to the Promotion Rules “FACEBOOK LIVE EPA MARCH 2022”