Official rules for the "Facebook Live EPA February 2022" 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., corporate tax ID 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 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 definitive regarding the Promotion and 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 FEBRUARY”, which shall hereinafter and for the purposes of this Regulation be referred to as the “Promotion”.
The Promotion Regulation will be disseminated in the regulations section of Ferretería EPA at Epaenlinea.com, without prejudice to Ferretería EPA S.A. freely choosing another additional advertising medium to promote it.
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 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 means of advertising to all Consumers.
ARTICLE TWO: PROMOTION PERIOD
This Promotion is for a limited time, as follows:
The promotion is valid only starting at 7 pm or effectively when the Facebook Live begins on February 15, 2022, and once the broadcast ends, the promotion will be considered concluded. 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 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 Promotion Manager of Ferretería EPA via email at promociones@cr.epa.biz, duly identified upon the query 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 Ferretería EPA Facebook Profile (https://www.facebook.com/epacostarica), without the need to make any type of purchase at any Ferretería EPA store during the Promotion's validity period, the benefit of being favored as the 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 only through the official “EPA Costa Rica” profile on Facebook and Instagram, specifically: (https://www.facebook.com/epacostarica). In this sense, only those persons who are followers of the mentioned profile may participate, so any other person who is not a follower of the indicated 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 carried out in the following way:
During the broadcast, people must comment:
Mention the suppliers participating in the Facebook Live
The above must be done during the validity period established in Article Two above. Participants have the possibility of winning, solely for having entered 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 as an entry for the purpose of being favored in the drawing of 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 drawing 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, being required to 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, one 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 on 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 in charge of 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 one (1) winner and one (1) unique type of prize and/or benefit, described below:
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 Article Three and Three-A of this regulation; the prize will be one (1) purchase voucher for fifty thousand colones (¢50,000) redeemable only at Epaenlinea.com (https://cr.epaenlinea.com/).
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 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 may not participate, nor may employees of Overseas Logistics Operations S.A. (OLO) and Credix World S.A. up to the third degree of consanguinity or affinity.
ARTICLE FIVE: DRAWING 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, by means of a random drawing to take place on February 16, 2022, at the central offices of Ferreterías EPA; the drawing will be carried out by those in charge of the Marketing Department. An Act/Affidavit must be drawn up regarding this situation before two (2) witnesses, noting the names of the winning Participants and their respective alternates; in total, one (1) alternate will be selected. This information may also be presented before a Public Notary so that they may attest to the fulfillment of 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 drawing for convenience, provided that the chances of being favored for each of the participants are not modified.
Next, 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 entry meets all requirements, the winner may be contacted via: the post they made during the Facebook Live and/or a private message from the “EPA Costa Rica” Facebook page, as well as by telephone and/or email, and they will have a period of two (2) business days once the message is sent through one of the described media to report back and send their personal data (full name, ID number, phone, etc.), in order to contact the winning recipient by phone for a maximum period of three (3) business days. In case of not locating the selected person after a maximum of three (3) calling 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 be made. The winner will be announced starting February 28, 2022, 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” Facebook page in a post on the wall.
After the referred Drawing 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, and once the winner has been contacted following the procedure by a representative of Ferretería EPA, 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 grants will be expressed, releasing the Sponsor from all liability for its use and/or consumption. 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.
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 verification of data and delivery of the prize will proceed, taking into account the specifications of this Regulation.
The Winner will have to 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. employees, during the hours, days, and at the place established to collect the previously agreed-upon Prize.
If they do not do so, they will lose the right to it, not being able to 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 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 that the Prize has been accepted, but for 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 will be drawn up for these circumstances at the discretion of the Organizer. The awarding of any of the prizes will be conditioned upon compliance with each and every applicable law and regulation, 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 responsibility, exonerated from the obligation to allow participation and the delivery of a prize or benefit.
ARTICLE SIX: USE OF IMAGE AND FINAL PROVISIONS.
In order to publicize the results of the Promotion, at the decision and discretion of the Organizer, participants who are selected for 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 disclosure 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. By participating, they agree 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 in the publications of this Promotion corresponding to the prize reflect the reality of what is offered and promoted by Ferretería EPA. If a selected Participant fails to appear to claim 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 adhering to the participation of 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 the Individual regarding 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 generally use their data for the purpose of communicating as a winner of the Promotion.
Likewise, in special cases that warrant it, at the decision of the Sponsor, a Notarial Act shall be drawn up regarding these circumstances to record any fact outside of what is 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 sum or 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 incurring any liability for such suspension.
Ferretería EPA S.A. will not be responsible for the collateral expenses that the Participant may incur to carry out the procedures to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transport cost, 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 favored Participant; therefore, 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 shall not be liable 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, the promotional material will include the following legends: “Restrictions and conditions apply according to the Promotion Rules “FACEBOOK LIVE EPA FEBRUARY”