Official rules for the "Instagram Family Day stories - May 23" 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 for the purposes of this Regulation as “The Organizer” and/or “Ferretería EPA”.
What is stipulated 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 definitive 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 “Family Day 2023,” which shall hereinafter be referred to 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.
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, Participants unconditionally accept all the rules expressed in this Regulation, including those clauses that limit the liability of the Organizers that 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 means of advertising to all Consumers.
ARTICLE TWO: DURATION OF THE PROMOTION
This Promotion is for a limited time, as follows:
The promotion is valid only on May 13, 2023. Therefore, the term of its validity shall be limited to the indicated dates.
ARTICLE THREE: OBJECT 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 Promotion Manager via the email 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 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 term of the Promotion, the benefit of being favored as the winner of the prize that is the 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 take place solely through the official “EPA Costa Rica” profile on the Instagram page, specifically: (https://www.instagram.com/ferreteriaepacr/). In this sense, only those who are followers of the aforementioned 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. 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 will be carried out as follows:
In the post scheduled for May 13, 2023 (family day stories dynamic) on the Instagram page, users must do the following:
Follow the profile @ferreteriaepacr
Upload a story on Family Day at the National Park and tag @ferreteriaepacr
The above must be done during the validity period established in article two. Participants have the possibility of winning, solely for 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 participating for the purposes of being favored in the drawing of 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 enter the drawing will do so in accordance with the mechanics expressed in this Regulation.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms set forth 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 by private message on Facebook in order to participate and be subject to this Promotion, which are (i) Full Name (first and last names); (ii) Valid and current 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 Persons 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 are 4 winners and a single type of prize and/or benefit, described below:
Prize:
In this promotion, 1 type of prize will be awarded. The 4 winners will be selected randomly from among the participants who meet the requirement mentioned in article three of this regulation; the prize will be:
4 tickets to the Amusement Park (per winner)
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 business 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, 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 ended, the information of the participants who meet the mentioned requirements and have participated during the validity of the promotion will be collected.
The winners of the prizes indicated in this Regulation will be selected from among all those persons who have participated. The random drawing will take place on May 15, 2023, at the central offices of Ferretería EPA; the drawing will be carried out by those in charge 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 before a Notary Public so that they may attest to the compliance with the requirements and the process of the Promotion through the drawing up of a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the aforementioned 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 case they do not meet the requirements, 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 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 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 case the selected person is not reached 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 be made. The winner will be announced starting May 30, 2023, provided that all the above-mentioned points in this article have been verified; otherwise, the organizer reserves the right to modify the date of the announcement until all data necessary for publication are correctly verified. The winner will be announced solely on the “EPA Costa Rica” Facebook wall post.
After the aforementioned Drawing has been carried out and the respective person favored 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 in accordance with the procedure by an EPA representative, they will be indicated the place, date, and time for the delivery, as well as the collection of the corresponding Prize. In this sense, the winning person must sign for 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 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 case of not having 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 made, a substitute winner will be automatically chosen and the data verification 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 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 may NOT be assigned under any circumstances to a relative, spouse, child, or third party, as the object 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 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 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 awarding of any of the prizes will be conditioned on 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 them 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 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 appear in publications and other advertising media and, in general, in all disclosure material of activities subsequent to the Promotion, such as the delivery and receipt of prizes, without implying remuneration or additional compensation, or 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 stated 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 taken as a voluntary waiver of their right to claim the prize. The selected Participant will not have any right to claim or compensation, not even partially, which each Participant accepts by voluntarily adhering to the participation in the promotion. If such a situation occurs, the Organizer is authorized to select a substitute winner as appropriate.
Ferretería EPA, S.A. will collect certain confidential information of 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 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 managing communication 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 attest to any fact beyond what is provided for in this Regulation.
In the event that you are a Winner and for whatever reason, whether you do not meet the restrictions and conditions regulated herein, or by your own will you do not accept the Prize, you will not be able to claim any compensatory sum or a 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 this Regulation.
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 being generated by said suspension.
Ferretería EPA S.A. will 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 cost, among others.
Ferretería EPA S.A. reserves the right to suspend the benefits of this Promotion in those cases in which it is determined that the benefits of the same have been applied through deception, 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 solely for the delivery of the prize indicated in this Regulation.
The winner of the prize will be responsible for the use and enjoyment they give it.
The Organizer will not be liable for any unauthorized human interventions by third parties to computer systems or similar that alter the development of the promotion; therefore, if any such situation is detected, said Promotion will be suspended.
For further 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 purposes of communicating this Regulation, the promotional material will establish the following legends: “Restrictions and conditions apply according to the Promotion Regulation “INSTAGRAM FAMILY DAY STORIES-MAY 2023”