Official rules for the "Facebook Live EPA October" 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 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 are considered 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, with no liability whatsoever 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 OCTOBER”, which shall hereinafter be referred to as the “Promotion” for the purposes of this Regulation.
The Promotion Regulation will be disseminated in the regulations section of Ferretería EPA on Epaenlinea.com, without prejudice to Ferretería EPA S.A. freely choosing any other 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, which belongs to and is sponsored by Ferretería EPA S.A., shall be governed.
The Promotion shall be governed by the following rules and conditions. By the mere act 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 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 October 26, 2021. 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 Promotion Manager of Ferretería EPA via email at promociones@cr.epa.biz, upon being properly identified by 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 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 selected as a winner of the prize subject to 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 will not be able to participate with the purpose of being a beneficiary of the prize. To establish the required limitations, all interested parties 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 comment on the materials that were used for any of the ideas given by the experts.
The above must be done during the validity period established in article two above. Participants have the possibility of winning simply by having participated 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 participation for the purposes of being selected in the draw for this Promotion.
Ferretería EPA S.A. reserves the right to demand any additional document or personal information from the Participant that is necessary to apply to the Promotion. In accordance with what is regulated herein, during the validity period of this Promotion, Participants who wish to enter the draw 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, shall have the meaning established with the understanding that said meaning shall be applicable to both the singular and plural forms thereof.
1. “Client 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 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 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 provide advisory 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) single 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 voucher for fifty thousand colones (¢50,000) redeemable at https://cr.epaenlinea.com/.
The Promotion is aimed at Clients, 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, employees and representatives of the Organizer who may eventually be incorporated and identified during the Promotion, as well as 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 requirements mentioned during the validity period of the Promotion will be collected.
The winners of the prizes indicated in this Regulation will be selected from among all those who have participated. The random draw will take place on October 28, 2021, at the central offices of Ferreterías EPA, and will be conducted by those in charge of the Marketing Department. An Act/Affidavit shall be drawn up regarding this situation before two (2) witnesses, noting 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 before a Notary Public so that they may attest to compliance with the requirements and the Promotion process by means of a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the aforementioned date of the draw for convenience as long as 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 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 a private message from 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, telephone, etc.), in order to contact the winning beneficiary by phone for a maximum period of three (3) business days. In the event of not being able to locate the selected person within a maximum of three (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 November 5, provided that everything mentioned in this article has been verified; otherwise, the organizer reserves the right to modify the announcement date until all the data necessary 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 Draw has been carried out 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 has been contacted following the procedure by a representative of Ferretería EPA, they will be informed of 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 granted by the Prize will be expressed, releasing the Sponsor from all liability for the use and/or consumption thereof. Likewise, the winning participant may not claim or request any additional expense from Ferretería EPA S.A. 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 choose.
If the conditions established in this Regulation are not met or if it is not possible to verify the necessary data of the official winner, an alternate winner will be automatically chosen 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 one (1) month from the moment they are contacted by Ferretería EPA S.A. employees at the hours, days, and place established for collecting the agreed Prize.
Failure to do so will result in the loss of the right to the prize, 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 assigned 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 winning Participant authorizes Ferretería EPA S.A., freely and spontaneously, 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 reason the Participant refuses to receive it or complete the respective paperwork for the formalization, the beneficiary will lose their right to the Prize. A Notarial Act shall be drawn up regarding these circumstances at the discretion of the Organizer. The awarding of any of the prizes will be conditional 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 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 of allowing 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 for 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 any material for publicizing activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying 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 noted that all illustrations and/or photographs used for 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 claim 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 not be entitled to any claim or compensation, even partially, which each Participant accepts by voluntarily adhering to the 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 the Individual regarding the Processing of their Personal Data” and its Regulations. Therefore, upon being selected as a Winner or Beneficiary, the Participant must sign all documents determined by the Organizer 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 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 volition, you may not claim any compensatory sum 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 arising from such suspension.
Ferretería EPA S.A. will not be responsible for collateral expenses incurred by the Participant to carry out the steps to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transportation 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 only for the delivery of the prize indicated in these Rules.
The prize winner 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; therefore, 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 Ferretería EPA S.A. Facebook page (EPA Costa Rica) for the duration of this promotion. For the purposes of communicating these Rules on promotional material, the following legends will be established: “Restrictions and conditions apply according to the Promotion Rules “FACEBOOK LIVE EPA OCTOBER”