Official rules for the "December Facebook Live" 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 identification number 3-101-354271, which 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 the 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 which 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 “FACEBOOK LIVE EPA DECEMBER”, which shall hereinafter and for the purposes of this Regulation be referred to as the “Promotion”.
The Promotion Regulation will be disseminated in the regulation section of Ferretería EPA at Epaenlinea.com, 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, which belongs to and is sponsored by Ferretería EPA S.A., will be governed.
The Promotion will be governed under 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 as 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: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only during December 7, 2021, during the live broadcast, tentatively starting at 7 p.m. on the mentioned day. Therefore, its validity period will be limited to the dates and time 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 the conditions, requirements, and limitations established in this Regulation, which may be explained in a general manner by the Promotions Manager of Ferretería EPA via email at 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 in any of the Ferretería EPA stores during the Promotion's validity period, 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 be carried out only 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. 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 carried out as follows:
During the broadcast, people must comment:
Comment on which product from the options we show you would give as a gift and tag the person.
The above must be done during the validity period established previously 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 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, the 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 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, 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, in order to participate and be 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 the Individual 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 called Interaction.
5. Prize: In this Promotion, there is one (1) winner and one (1) unique type of prize and/or benefit, described as follows:
Prize:
In this promotion, one (1) type of prize will be awarded; the winner will be selected randomly from among the participants who meet the requirement mentioned in Articles Three and Three-A of this regulation; the prize will be one (1) purchase order for fifty thousand colones (¢50,000) redeemable at https://cr.epaenlinea.com/.
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 as well as the production chain of Ferretería EPA, may not participate in this Promotion. Likewise, collaborators and representatives of the Organizer who may eventually be incorporated and identified during the Promotion, nor collaborators 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 requirements mentioned 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 persons who have participated. The random draw will take place on December 8, 2021, at the central offices of Ferreterías EPA, and the draw will be carried out by those in charge of the Marketing Department. An Act/Affidavit must be drawn up before two (2) witnesses regarding the names of the winning Participants and their respective alternates; in total, one (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 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 mentioned date of the draw for convenience, provided that the possibilities 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 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 entry meets all the requirements, the winner will be contacted via the post they made during the live on 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 during a maximum period of three (3) business days. In the event that the selected person cannot be located within a maximum of three (3) call attempts during this period, the 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 December 17, 2021, 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 publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Facebook wall post.
After the referred Draw has been carried out and the respective favored person and/or winner of the prize has been identified, in accordance with the previous Articles of this Regulation, once the winner has been contacted in follow-up to the procedure by a representative of Ferretería EPA, 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 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 it is not possible to perform the necessary data verification of the official winner, 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 make use of their Prize within a period of no more than one (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 it, and the winner may not claim damages and/or losses from Ferretería EPA S.A. as a result of the loss of the Prize. Said Prize CANNOT be transferred under any circumstances to a relative, spouse, child, or third party, given that 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 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 due to any circumstance the Participant refuses to receive it or complete the respective paperwork for formalization, the favored person will lose their right to the Prize. A Notarial Act shall be drawn up regarding these circumstances at the discretion of the Organizer. The awarding 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 discretion and decision of the Organizer, participants who are selected to win 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 for activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying any additional remuneration or compensation, nor claims for image rights, and therefore, 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 whatsoever, not 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, at the time of selection as a Winner or Beneficiary, 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 communicating with them 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 place on record any fact outside of what is provided for in these Rules.
In the event that you are a Winner and for whatever 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 sum or a consolation prize from the Organizer, as such 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 the collateral expenses that the Participant incurs in carrying out the proceedings to make this Promotion effective. These collateral expenses refer to: the 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 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 responsibility of Ferretería EPA S.A. ends with the delivery of the corresponding Prize to the successful Participant, so 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 they derive from it.
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 therefore, in the event that any such situation is detected, the Promotion shall 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 term 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 “FACEBOOK LIVE EPA DECEMBER