OFFICIAL RULES FOR THE “INSTAGRAM MUSIC DAY 2023” CAMPAIGN
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 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 Participants (see definition of Participant below) in said Promotion. Participation in the Promotion implies the Participant's acceptance of these rules and procedures, which are definitive regarding the Promotion, and which are known and accepted as final. Any violation of the 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 “Music Day 2023”, which shall 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 promote it.
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 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 by the same advertising medium to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only from October 02, 2023, to October 08, 2023. Therefore, its validity period shall be limited to the indicated dates.
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, 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 type of purchase in any Ferretería EPA Store during the Promotion's validity period, the benefit of being selected as the winner of the prize that 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 developed 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; therefore, any other person who is not a follower of the aforementioned profile will not be able to participate with the goal of being a beneficiary of the prize. For the purpose 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 developed as follows:
In the post scheduled for October 02, 2023 (Music Day dynamic) on the Instagram page, users must do the following:
- Follow us on Instagram @ferreteriaepacr
- Tell us: What is that song you always sing at karaoke?
- Tag your singing partner
The above must be done during the validity period established in Article Two. Participants have the possibility of winning, solely for 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 participating for the purpose of being selected in the draw for this Promotion.
Ferretería EPA S.A. reserves the right to require the Participant to provide 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 draw 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, 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” 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 object 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) Telephone numbers; (iv) email address, in compliance with the legal provisions established by the "Law on the Protection of the Individual with regard to 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 in charge of providing consulting 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:
- 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 form part of the commercial cycle 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: DRAW PROCEDURE AND PRIZE COLLECTION.
Once the promotion has ended, information from the participants who meet the mentioned requirements and who 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 participated; the random draw will take place on October 09, 2023, at the central offices of Ferretería EPA. The draw will be carried out by those in charge of the Marketing Department. A Record / Sworn Declaration must be drawn up before 2 witnesses regarding the name 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 through the drafting of a Notarial Record, in accordance with this Regulation. The organizer reserves the right to modify the mentioned date of the draw for convenience, provided that the chances of being selected for each of the participants are not modified.
Then, verification of the correct participation of the selected winner will proceed; in the event that they do not comply, the selected person is discarded, and verification of the first alternate proceeds, 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 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 selected winner via telephone within a maximum period of (3) business days. In the event of not locating the selected person within 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 18, 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 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, and once the winner has been contacted following the procedure by an EPA representative, they will be indicated the place, date, and time for the delivery and collection of the corresponding Prize. In this sense, the winning person must sign as proof of receipt of 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 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.
If the conditions established in this Regulation are not met, or if it is not possible to perform the necessary data verification of the official winner, an alternate winner will be automatically chosen, and verification of the 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. employees, 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 against 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 selected 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 of having accepted the Prize, but for any circumstance the Participant refuses to receive it or to complete the respective paperwork for its formalization, the beneficiary will lose their right to the Prize. A Notarial Record of these circumstances will be drawn up at the discretion of the Organizer. The granting of any of the prizes will be conditioned on compliance with all and each 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 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 them 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, the participants who are favored with any of the Prizes of 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 promotional material related to activities following the Promotion, such as the delivery and receipt of the prizes, without implying any remuneration or additional compensation, nor any claims for image rights, whereby 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 does not 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, 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 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 on the Protection of Individuals with regard to the Processing of their Personal Data” and its Regulations, therefore, upon being selected as a Winner or Favored party, the Participant must sign all documents that the Organizer determines to authorize Ferretería EPA, S.A. to collect and generally use their data for the purpose of communicating as a winner of the Promotion.
Likewise, in special cases that warrant it, at the Sponsor's decision, a Notarial Act shall be drawn up regarding these circumstances to certify any fact not provided for in these Rules.
In the event that they are the Winner and for any reason, whether they do not comply with the restrictions and conditions regulated herein, or of their own free will do not accept the Prize, they may not claim any compensatory sum or 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 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 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 its benefits have been applied through deceit, 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 liability of Ferretería Epa S.A. ends with the delivery of the corresponding Prize to the favored Participant, so the organizer is responsible solely for the delivery of the prize indicated in these Rules.
The winner of the prize 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 alter the development of the promotion, so in the event that 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 Facebook page of Ferretería Epa S.A. (Epa Costa Rica) during the validity of this promotion. For the purposes of communicating these Rules and the promotional material, the following legends will be established: “Restrictions and conditions apply according to the Promotion Rules “INSTAGRAM MUSIC DAY 2023”