Official rules for the “Facebook EPA-La Sele” 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., legal entity ID number 3-101-354271, who shall 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 Participants (see definition of Participant below) in said Promotion. Participation in the Promotion implies the Participant's acceptance to abide by these rules and procedures, which shall be considered final regarding the Promotion and are known and accepted as such. Any violation of these 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 “FACEBOOK EPA-La Sele”, which shall be referred to hereinafter and for the purposes of this Regulation as the “Promotion”.
The Regulation of the Promotion will be disseminated on the Ferretería EPA Facebook profile, without prejudice to Ferretería EPA S.A. freely choosing any 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 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 in 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, as follows:
June 1, 2021 to June 3, 2021. Therefore, its period of validity shall be limited to the dates indicated above.
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 for applying 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, 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 take place solely through the official “EPA Costa Rica” profile on the Facebook and Instagram page, specifically: https://www.facebook.com/EPAcostarica. 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 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 parties 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 was described above, the promotion will be carried out as follows:
Participants must comment on the post, stating which is the first rival that La Sele will face in the Concacaf tournament.
The above must be done during the validity period established in article two above. Participants have the chance to win 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 in the running for the purpose of being selected in the draw for this Promotion.
Ferretería EPA S.A. reserves the right to demand that the Participant 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 participate in the draw shall 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, 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 who 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 via private message to participate and be an 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) 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 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 an Ecoknit S11 ball.
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, who are part of the commercial business 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 first 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 have 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 have participated, the random draw will take place on June 7, 2021 at the central offices of Ferreterías EPA, and the draw will be carried out by those in charge of the Marketing Department. A Minute/Affidavit must be drawn up regarding this situation before 2 Witnesses of the names of the winning Participants and their respective alternates; in total, 2 alternates 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 through the drawing up of a Notarial Act, in accordance with this Regulation. The organizer reserves the right to modify the mentioned date of the draw for convenience as long as it does not modify the chances of each of the participants being selected.
Then, the correct participation of the selected winner will be verified; in the event that they do not comply, the selection 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 entry meets all the requirements, the winner will be contacted via a 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 and send their personal data (full name, identification number, telephone, etc.), for the purpose of contacting the winning winner via telephone within a maximum period of (3) business days. In the event that the selected person is not reached 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 proceed. The winner will be announced starting from June 11, 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 through the “EPA Costa Rica” Facebook page in a post on the wall.
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 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 granted entails will be expressed, releasing the Sponsor from all liability for its use and/or consumption. Likewise, the winning participant 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 the event of not having the necessary means to transport and/or install it in the place they freely decide.
Failure to comply with the conditions established in this Regulation or the inability to perform the necessary data verification of the official winner will result in the automatic selection of an alternate winner and the procedure for data verification and prize delivery will continue, 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 times, days, and location established to collect the previously agreed-upon Prize.
Failure to do so will result in the loss of the right to the same, with the winner being unable to claim damages and/or losses from Ferretería EPA S.A. as a product of 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 their valid identity card to be the beneficiary of the Prize. Likewise, the winning 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 of having accepted the Prize, but for any circumstance, the Participant refuses to receive it or to complete the respective paperwork for formalization, the beneficiary will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the Organizer's discretion. The granting of any of the prizes will be conditional 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, being exonerated 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 as winners of 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 all dissemination material regarding activities subsequent to the Promotion, such as the delivery and receipt of prizes, without implying remuneration or additional compensation, nor claims for image rights, and by participating, they adhere to the regulations of these Rules and cannot refuse the disclosure of their information and image rights.
It is placed on record that all illustrations and/or photographs used in the publications of this Promotion corresponding to the prize reflect the actual offer and promotion by Ferretería EPA. If a selected Participant fails to 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 a substitute 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 selection as a Winner or Beneficiary, 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 Sponsor's decision, a Notarial Act shall be drawn up regarding these circumstances to place on 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 do not accept the Prize of your own volition—you may not claim any indemnity amount or consolation prize from the Organizer, as such is not governed 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, 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 thereof have been applied through deception, 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 winning Participant; therefore, the organizer is responsible only for the delivery of the prize indicated in these Rules.
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 alters the development of the promotion, and in the event that any such situation is detected, said Promotion shall be suspended.
For more information or inquiries 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 Ferretería EPA S.A. Facebook page (EPA Costa Rica) during the validity of this promotion. For the purposes of communicating these Rules, the following legends will be established on promotional material: “Restrictions and conditions apply according to the Rules of the Promotion “FACEBOOK EPA-La Sele”