Official rules for the “Tik Tok Live EPA - January 2025” promotion
OFFICIAL RULES FOR THE “Tik Tok LIVE EPA - JANUARY 2025” DYNAMIC
These Rules (hereinafter the “Rules”) aim to establish, define, and limit the terms and conditions of the promotion to be carried out by FERRETERÍA EPA S.A., corporate tax ID 3-101-354271, hereinafter and for the purposes of these Rules 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 regarding the Promotion, and which are acknowledged and accepted as definitive. 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 will be “Tik Tok LIVE EPA - JANUARY 2025”, which hereinafter and for the purposes of these Rules will be called the “Promotion”.
The Promotion Rules will be published 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 these Rules is 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 act of participating in the Promotion, the Participants unconditionally accept all the rules expressed in these Rules, 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 to all Consumers through the same advertising medium.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only during the live broadcast on January 17, 2025, tentatively starting at 7 PM with an approximate duration of 30 minutes on said day. Therefore, the validity period of the same 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 these Rules, 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 these Rules and/or the procedures, mechanics, and application systems of the Promotion will imply the immediate exclusion of the Participant from the Promotion and the revocation of any right or prize granted by these Rules.
During the validity period of this Promotion, duly delimited in the previous Article of these Rules, 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 Tik Tok Profile (https://www.tiktok.com/@epatokcr), without the need to make any type of purchase at any Ferretería EPA Store, during the validity period 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 that will be indicated below. The Participant (see definition of Participant in Article Four of these Rules) must at all times accept the terms and conditions of these Rules.
The Promotion is designed to be carried out only through the “EPA Costa Rica” official profile on the Tik Tok page, specifically: (https://www.tiktok.com/@epatokcr). In this sense, only those who are followers of the mentioned profile may participate; therefore, any other person who is not a follower of the profile indicated above may not participate with the goal 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:
During the broadcast, people must comment the following:
Tell us, which promotion did you like the most?
The above must be done during the validity period established in Article Two above. 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 purposes 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, the Participants who wish to participate in the drawing will do so in accordance with the mechanics expressed in these Rules.
ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS
The following terms defined below, as well as the definitions used in these Rules, 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 these Rules, who must be a follower of the indicated Tik Tok Profile and reside in Costa Rica.
2. “Point of Sale”: For this dynamic, it means the website www.epaenlinea.com.
3. “Personal Data” means that if chosen as a winner, the participant must send their information to the EPA Costa Rica profile via private message on Tik Tok to participate and be eligible for this Promotion. This information consists of (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 with Regard to 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 be responsible for providing consulting and management services for the Promotion, in accordance with the terms and conditions of these Rules; in this case, it is named 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 these rules; the prize will be:
A leak-proof lunch box to choose from the following models:
Code: 2549176 - Bentgo 5-compartment leak-proof lunch box, blue
Code: 2549177 - Bentgo 5-compartment leak-proof lunch box, purple
Code: 2549180 - Bentgo Unicorn leak-proof rectangular plastic lunch box, purple
Code: 2549181 - Bentgo Shark leak-proof rectangular plastic lunch box, turquoise and blue
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 considered as such, who are part of the commercial line of business as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, employees and representatives of the Organizer who are eventually incorporated and identified during the Promotion, as well as 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 concluded, the information of 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 these Rules will be selected from among all those who have participated. The random drawing will take place on January 17, 2025, 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, stating the names of the winning Participants and their respective alternates; in total, 1 alternate 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 these Rules. The organizer reserves the right to modify the mentioned 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 the event that they do not comply, the selection will be discarded and the first alternate will be verified 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 or comment on the “EPA Costa Rica” Tik Tok 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 for a representative to contact the favored winner by phone within a maximum period of three (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 take place. The winner will be announced starting February 2, 2025, provided that everything mentioned above in this article has been verified; otherwise, the organizer reserves the right to modify the announcement date until all necessary data for publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Tik Tok in a post on the wall or as a comment on the Live post.
After the aforementioned Drawing has taken place and the respective favored person and/or winner of the prize has been identified, in accordance with the previous Articles of these Rules, and once the winner has been contacted following the procedure by an EPA representative, the place, date, and time for the delivery and collection of the corresponding Prize will be indicated. 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 the use and/or consumption thereof. Likewise, the favored 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 these Rules are not met or if the necessary data verification of the official winner cannot be carried out, an alternate winner will be automatically chosen, and data verification and prize delivery will proceed taking into account the specifications of these Rules.
The Winner must collect their Prize within no more than 1 month from the moment they are contacted by Ferretería EPA S.A. employees, at the hours, days, and the place established to collect the 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 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 is 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 due to 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 will be drawn up for these circumstances 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 these Rules. 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 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 use their project, name, and image in publications, other advertising media, and in general, in all dissemination material related to post-Promotion activities, such as the delivery and receipt of prizes, without this implying any additional remuneration or compensation, nor any 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 noted that all illustrations and/or photographs used corresponding to the prize in the publications of this Promotion reflect the reality of what is offered and promoted by Ferretería EPA. If a selected Participant fails to appear to redeem their prize within the period indicated in these Terms and Conditions, it will be considered a voluntary waiver of their right to claim the prize. The selected Participant shall have no right to any claim or compensation, even partially, which each Participant accepts by voluntarily adhering to participation in the promotion. If such a situation occurs, 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 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 Beneficiary, the Participant must sign all documents determined by the Organizer to authorize Ferretería EPA, S.A. to collect and generally use their data for the purpose of contacting them as a winner of the Promotion.
Likewise, in special cases that warrant it, at the Sponsor's discretion, a Notarial Act will be drawn up regarding these circumstances to attest to any fact not provided for in these Terms and Conditions.
In the event that you are a Winner and for any reason, whether you do not comply with the restrictions and conditions regulated herein, or you voluntarily choose not to accept the Prize, you may not claim any indemnification 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 Terms and Conditions.
In the event of any force majeure or fortuitous event, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without incurring any liability for such suspension.
Ferretería Epa S.A. will 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, 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 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; therefore, the organizer is responsible solely for the delivery of the prize indicated in these Terms and Conditions.
The prize winner will be responsible for the use and enjoyment of said prize.
The Organizer will not be responsible for any unauthorized human intervention by third parties in computer systems or similar that alters the development of the promotion; therefore, if any such situation is detected, the Promotion will be suspended.
For more information or queries regarding 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) during the validity of this promotion. For the purposes of communicating these Terms and Conditions, the promotional material will include the following text: “Restrictions and conditions apply according to the Promotion Terms and Conditions “Tik Tok LIVE EPA JANUARY 2025”