OFFICIAL RULES FOR THE “Mi hogar TV” 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 SA, legal entity identification number 3-101-354271, hereinafter and for the purposes of this Regulation 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 final with respect to 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, without any liability on the part of Ferretería EPA SA.
ARTICLE ONE: GENERAL PROVISIONS AND NAME OF THE PROMOTION.
The name of this Promotion shall be “Mi hogar TV,” which hereinafter and for the purposes of this Regulation shall be referred to as the “Promotion.”
The Promotion Regulation will be disseminated on the Ferretería EPA Facebook profile https://www.facebook.com/epacostarica, without prejudice to Ferretería EPA SA freely choosing any 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 SA.
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 on September 11, 2020. During the live broadcast of the program Mi hogar TV on facebook/Epacostarica, which will begin at 5:00 PM.
Therefore, the term of validity of the same shall be limited to the date indicated above.
ARTICLE THREE: OBJECT OF THE PROMOTION
To participate and be a beneficiary of this Promotion, it is necessary that the Participant knows and accepts in advance all 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 duly identified in response to any inquiry 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 object of the Promotion is to offer fans and/or followers of the Official Facebook Profile of Ferretería EPA (www.facebook.com/epacostarica), without the need to make any type of purchase at any of the Ferretería EPA stores, during the validity period of the Promotion, the benefit of being selected as a winner of the prize 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 the Facebook page, specifically: www.facebook.com/epacostarica. 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 indicated profile may not participate with the object of being a beneficiary of the prize. For the purpose of establishing the required requirements, all interested persons must become followers via a “like” before and/or during the validity period of this Promotion.
ARTICLE THREE-A: MECHANICS OF THE PROMOTION
In addition to what is described above, the promotion will be carried out as follows:
A Facebook Live session identified by the name “Mi hogar TV” will be held where users must interact live by tagging a person and reacting with emojis or a comment to participate in the random draw for one of the prizes detailed in this regulation.
The above must be done during the validity period established 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 participating for the purpose of being favored randomly in the draw 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 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, will have the meaning established with the understanding that said meaning will be applicable both to the singular and plural forms of the same.
1. “Customer or Participant” means any natural person who participates in the Promotion with the limitations indicated in this Regulation, having to be a follower of the indicated Facebook Profile.
2. “Point of Sale” For this dynamic, this means the website www.epaenlinea.com.
3. “Personal Data” means that if chosen as a winner, they will be requested to send to the EPA Costa Rica profile via private message for the purpose of participating and being subject to 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 contracted by Ferretería EPA S.A. to provide advice 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 2 winners and two types of prize and/or benefit, one prize for each of the winners, described below:
Prize:
In this promotion, two prizes will be awarded, which correspond to:
First winner selected: (1) one gift voucher worth 50,000 colones for purchases at epaenlinea.com. This prize will be sent via email and must be redeemed digitally. Does not apply in physical stores.
Second winner selected: (2) two gallons of paint from the Lanco brand, Máxima Zero line. This prize is subject to coordination and the winner's visit to the branch indicated, to select the colors according to store availability. Must be presented in person at a physical store.
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 cycle 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 OverseasLogisticsOperations S.A. (OLO) and CredixWorld 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 live broadcast of the “Mi hogar TV” Facebook live is concluded, all comments, reactions, and tags that participated during the live broadcast from the start of the broadcast until the moment it ended will be compiled.
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 September 17, 2020, at the central offices of Ferreterías EPA, and will be carried out by those in charge of the Marketing Department. An Act/Affidavit must be drawn up before 2 witnesses with the names of the winning Participants and their respective alternates; in total, 4 alternates will be selected. The organizer reserves the right to modify the mentioned date of the draw for convenience, provided that the possibilities of being favored for each of the participants are not modified. In case of changing the date, the new date will be published in advance via Ferretería EPA social networks.
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 alternate is verified following the same protocol, and so on until the alternate 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 one (1) business day once the message is sent to report back and send their personal data (full name, identification number, phone, etc.), for the purpose of contacting the favored winner by phone for a maximum period of (3) business days. In case of not locating the selected person 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 from September 21, 2020, 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 solely via the “EPA Costa Rica” Facebook wall post.
After the mentioned 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 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 winner must sign a receipt for their prize, as well as a liability release document for Ferretería EPA S.A. where all the limitations and conditions that the Prize granted carries 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 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 done, 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 no longer than 1 month from the moment they are contacted by Ferretería EPA S.A. employees at the times, days, and place established to collect the previously agreed Prize.
Failure to do so will result in the loss of the right to it, without being able to claim damages and/or losses to Ferretería EPA S.A. resulting from the loss of the Prize. Said Prize CANNOT be transferred under any circumstances to a family member, spouse, child, or third party, given that the object 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 favored 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 whatever circumstance the Participant refuses to receive it or complete the respective paperwork for the formalization, the favored party will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the Organizer's discretion. 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 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 decision and discretion of the Organizer, the participants who are awarded any of the Prizes of this Promotion expressly authorize the Organizer to use their project, name, and image in publications and other advertising media, and in general in all promotional material for activities following the Promotion, such as the delivery and receipt of prizes, without this implying any additional remuneration or compensation, nor claims for image rights, and by participating, they adhere to the regulations of these Rules and may not refuse the disclosure of their information and image rights.
It is stated that all illustrations and/or photographs used in the publications of this Promotion corresponding to the prize 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 have no right to any claim or compensation, not even partially, which each Participant accepts by voluntarily participating in the promotion. If such a situation arises, 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 the Individual with regard to the Processing of their Personal Data" and its Regulations, therefore, upon selection as a Winner or Awardee, 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 with them as a winner of the Promotion.
Likewise, in special cases that warrant it, at the decision of the Sponsor, a Notarial Deed will be drawn up regarding these circumstances to record any event 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 voluntarily do not accept the Prize, you will not be able to claim any compensation or a consolation prize from the Organizer, as such is not provided for in 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 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, cost of transport, 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 thereof 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 responsibility of Ferretería Epa S.A. ends with the delivery of the corresponding Prize to the awarded Participant; therefore, the organizer is only responsible 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 liable for any unauthorized human intervention by third parties in computer systems or similar that alter the development of the promotion, so if any such situation is detected, said Promotion will be suspended.
For more information or inquiries about 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 in promotional material, the following captions will be established: “Restrictions and conditions apply according to the Mi hogar TV Promotion Rules.”