OFFICIAL RULES FOR THE “MARCH 2023 EPA INSTAGRAM GIVEAWAY” 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, who will be referred to hereinafter and for the purposes of this Regulation 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 considered final regarding 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 “EPA INSTAGRAM GIVEAWAY - MARCH-2023”, which will be referred to hereinafter and for the purposes of this Regulation as the “Promotion”.
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.
This Regulation aims 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 organizers' decisions on any matter related to the promotion, which will be duly informed and communicated through the same means of advertising to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only from March 30, 2023, to April 03, 2023. 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 the email promociones@cr.epa.biz, upon being duly identified in response to any query from an 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 or Instagram Profile of Ferretería EPA (https://www.facebook.com/epacostarica/ https://www.instagram.com/ferreteriaepacr/), 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 https://www.instagram.com/ferreteriaepacr/). 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 via 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:
In the post scheduled for March 30, 2023 (growth dynamic) on the Instagram page, users must do the following:
- Follow the @ferreteriaepacr profile
- Tag a friend in the comments of the post
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 participation. As a limitation for all Participants, they may make one (1) or more comments; however, only one (1) post will remain as a participant for the purpose of being selected in the raffle 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 for the Promotion. In accordance with what is regulated herein, during the validity period of this Promotion, Participants who wish to participate in the raffle 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, will have the meaning established with the understanding that said meaning will 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, it 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 the subject of 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 contracted by Ferretería EPA S.A. to be responsible for providing 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 are (2) (two) winners with (1) (one) type of prize each, and/or benefit, described below:
Prize:
Winner 1
In this dynamic, 2 types of prizes will be awarded:
(1) (one) 225-square-inch Char-Broil Charcoal Grill 0644151
Winner 2:
(1) (one) 12-inch Bluetooth speaker with microphone and equalizer (1676007)
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 activity as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, employees and representatives of the Organizer that 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: RAFFLE PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, information will be collected from the participants who meet the mentioned requirements and who participated during the promotion's validity.
The winners of the prizes indicated in this Regulation will be selected from among all those persons who participated. The random drawing will take place on April 04, 2023, at the Ferretería EPA headquarters, and the drawing will be conducted by the managers of the Marketing Department. An Act/Affidavit must be drawn up before 2 witnesses regarding the names of the winning Participants and their respective substitutes; in total, 1 substitute 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 as long as the chances of being selected for each of the participants are not modified.
Then, the correct participation of the selected winner will be verified. In case they do not comply, the selected person is discarded, and the first substitute is verified following the same protocol, and so on until the substitute winners are exhausted. In the event that the entry meets all the requirements, the winner will be contacted via a private message on 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 selected winner via telephone within a maximum period of (3) business days. In the event that the selected person is not located within a maximum of 3 call attempts during this period, the next corresponding substitute winner will be contacted following the same protocol, and so on until the substitute winners are exhausted. Once all winners are confirmed, the announcement of the winners will take place. The winner will be announced starting from April 21, 2023, 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 page in a post on the wall.
After the aforementioned Raffle 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, and once the winner has been 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 its use and/or consumption. Likewise, the selected winner 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 decide.
If the conditions established in this Regulation are not met, or if the necessary data verification of the official winner cannot be performed, a substitute 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 1 month from the moment they are contacted by Ferretería EPA S.A. staff, at the times, days, and place established to collect the previously agreed-upon Prize.
Failure to do so will result in the loss of the right to it, 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 CANNOT be transferred 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 their valid identity card be the beneficiary of the Prize. Likewise, the selected 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 complete the respective paperwork for the formalization, the winner will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the Organizer's discretion. The awarding 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: IMAGE USE AND FINAL PROVISIONS.
In order to publicize the results of the Promotion, at the Organizer's decision and discretion, participants who are selected for 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 any material publicizing activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying any additional remuneration or compensation, nor claims regarding image rights. By participating, they adhere to the regulations of these Terms and Conditions 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 accurately reflect 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 Terms and Conditions, their right to claim the prize shall be considered voluntarily waived. The selected Participant shall not have any right to any claim or compensation, even partially, which each Participant accepts by voluntarily participating in the promotion. If such a situation occurs, 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 Persons regarding the Processing of their Personal Data" and its Regulations. Therefore, upon selection as a Winner or Beneficiary, the Participant must sign all documents that the Organizer deems necessary 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 Sponsor's discretion, a Notarial Deed will be drawn up regarding these circumstances to place on record any fact not foreseen in these Terms and Conditions.
In the event that a Participant is a Winner and for any reason—whether they do not comply with the restrictions and conditions regulated herein, or of their own volition do not accept the Prize—they may not claim any indemnity or 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 Terms and Conditions.
In the event of any fortuitous event or force majeure, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without incurring any liability for such suspension.
Ferretería Epa S.A. shall not be responsible for any collateral expenses incurred by the Participant in carrying out the procedures 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 the 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 winning Participant, and the organizer is responsible solely for the delivery of the prize indicated in these Terms and Conditions.
The winner of the prize shall be responsible for the use and enjoyment thereof.
The Organizer shall not be liable for any unauthorized human intervention by third parties in computer systems or similar that alter the development of the promotion, and in the event that any such situation is detected, the Promotion will be suspended.
For more information or inquiries about these Terms and Conditions, Participants may send a private message to the EPA Costa Rica profile. These Terms and Conditions 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) for the duration of this promotion. For the purposes of communicating these Terms and Conditions, the promotional material will include the following legends: "Restrictions and conditions apply according to the Promotion Terms and Conditions “GIVEAWAY INSTAGRAM EPA MARCH-2023”