Official rules for the “Facebook Live EPA-October 2022” 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 will 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 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 considered 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 - OCTOBER 2022,” which will hereinafter and for the purposes of this Regulation be referred to as the “Promotion.”
The Promotion Regulation will be disseminated on the Ferretería EPA website, without prejudice to Ferretería EPA S.A. freely choosing another additional advertising medium to disseminate the promotion.
This Regulation aims 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, 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: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
The promotion is valid only on October 11, 2022, during the live broadcast, tentatively starting at 4 pm on the aforementioned day. Therefore, its validity period will be limited to the date 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 Ferretería EPA Facebook Profile (https://www.facebook.com/epacostarica), without the need to make any purchase at any Ferretería EPA Store during the Promotion's validity period, the benefit of being selected as the winner of the prize, which is the 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 “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 for the purpose of being a beneficiary of the prize. To establish 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:
During the broadcast, people must comment the following:
Mention two of the essential ornaments for your home for the Christmas season.
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 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 for this Promotion.
Ferretería EPA S.A. reserves the right to demand from the Participant 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, 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, 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, it means the website www.epaenlinea.com.
3. “Personal Data”: If chosen as a winner, the participant must send to the EPA Costa Rica profile via private message on Facebook 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) 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, 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. 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:
-0492075 CHRISTMAS TREE 2.10 (1 unit)
-0490343 SET OF 50 SPHERES 6CM (1 unit)
-0494159 108 MULTI LED LIGHTS (2 units) or 0494158 108 WARM WHITE LED LIGHTS (2 units), *winner chooses 1 of the codes.
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 activity 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, nor employees 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 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 October 12, 2022, at the central offices of Ferreterías EPA, and will be conducted by those in charge of the Marketing Department. An Act/Affidavit must be drawn up 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 before a Notary Public so that they may attest to compliance with the requirements and the process of the Promotion by drawing up a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the mentioned drawing date 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 meet the requirements, the selected person is disqualified and the first alternate is 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 to the “EPA Costa Rica” Facebook page and will have a period of two (2) business days once the message is sent to report and send their personal data (full name, identification number, phone, etc.) in order to contact the favored winner by phone for a maximum period of (3) business days. In the event that the selected person cannot be reached after 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 October 28, 2022, provided that all the above-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 solely on the “EPA Costa Rica” Facebook page in a wall post.
After the aforementioned Drawing is carried out and the respective favored person and/or winner of the prize is identified, in accordance with the previous Articles of this Regulation, and once the winner is contacted following the procedure by an EPA representative, they will be indicated the place, date, and time for delivery, as well as collection of the corresponding Prize. In this sense, the winning person must sign for the receipt of their prize, in addition to 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 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 transport or the cost associated with it in the event that they do not have 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 it is not possible to verify the necessary data of the official winner, an alternate winner will be automatically chosen, 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 1 month from the moment they are contacted by Ferretería EPA S.A. employees, at the hours, 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 prize, 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 may NOT be assigned under any circumstances to a relative, spouse, child, or third party, given that the purpose of the promotion is that the fan and/or follower who made the comment and presented the valid identity card 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 formalization, the favored person will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the discretion of the Organizer. 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, exonerating themselves from the obligation to allow 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, the participants who are favored with any of the Prizes of this Promotion expressly authorize the Organizer so that their project, name, and image may appear in publications and other advertising media and, in general, in all disclosure material of the activities following the Promotion, such as delivery and receipt of the prizes, without implying remuneration or additional compensation, nor claims for image rights; therefore, by participating, they adhere to the regulations of this Regulation and cannot 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 this Regulation, it will be considered a voluntary waiver of their right to claim the prize. The selected Participant will 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 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 Individuals regarding the Processing of their Personal Data” and its Regulation; therefore, at the time of selection as Winner or Favored person, 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 being able to communicate as the 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, attesting to any fact not foreseen in this Regulation.
In the event that they turn out to be the Winner and for any reason, whether they do not meet the restrictions and conditions regulated herein, or by their own will do not accept the Prize, they may not claim any sum of compensation 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 this Regulation.
In the event of any situation of force majeure or acts of God, Ferretería EPA S.A. may suspend the Promotion in whole or in part, without any liability arising from said suspension.
Ferretería EPA S.A. will not be responsible for the collateral expenses that the Participant incurs in carrying out the steps to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transport cost, 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 liability of Ferretería EPA S.A. ends with the delivery of the Prize corresponding to the favored Participant; therefore, the organizer is responsible only for the delivery of the prize indicated in this Regulation.
The prize winner will be responsible for the use and enjoyment they give to it.
The Organizer will not be responsible for any unauthorized human intervention by third parties in computer systems or similar that alter the development of the promotion, so in case any similar situation is detected, said Promotion will be suspended.
For more information or inquiries about this Regulation, Participants may send a private message to the EPA Costa Rica profile. This Regulation will be available in its 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 purpose of communicating this Regulation in promotional material, the following legends will be established: “Restrictions and conditions apply according to the ‘FACEBOOK LIVE EPA OCTOBER 2022’ Promotion Regulation.”