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"Participation Call - 2023 BBQ Event" Regulations

This Regulation (hereinafter the “Regulation”) aims to establish, define, and limit the terms and conditions of the promotions and dynamics and, for the purposes of this Regulation, shall be referred to as the “Promotion” conducted by FERRETERÍA EPA S.A., legal entity ID 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 the Participants (see definition of Participant below) in said Promotion. Participation in the Promotion implies acceptance by the Participant. 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 “Evento Parrillero 2023” (2023 Grill Event), which hereinafter and for the purposes of this Regulation shall be referred to as the “Promotion”.

The Promotion Regulation will be disseminated on the official website of Ferretería EPA S.A. (www.epaenlinea.com), 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 is the intellectual and absolute property of Ferretería EPA S.A.

ARTICLE TWO: PROMOTION TERM

This Promotion is for a limited time and will have two effective dates.

The first, for all those who wish to register, participate, and be an active part of the live broadcasts, registrations will be available from October 23 to 29, 2023.

The second date is the live broadcast and execution of the Grill Event on Saturday, November 18, 2023. The Grill Event will tentatively begin at 10:00 a.m. In the event of any changes to the agreed time or day, the organizer will inform the selected participants directly and the viewers through social media.

Therefore, its term 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 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 this Regulation.

During the term of this Promotion, duly delimited in the previous Article of this Regulation, those interested in participating in the Promotion may do so under the modality described in the following articles.

The object of the Promotion is to offer fans and/or followers of the Official Ferretería EPA Facebook Profile (www.facebook.com/epacostarica), persons registered in the database, and any interested party without the need to make any type of purchase in any of the Ferretería EPA Stores, during the term of the Promotion, the benefit of being favored as one of the participants of the 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 developed exclusively through the digital portal on the website, specifically: www.epaenlinea.com. In this sense, only those persons who enter the Grill Event dynamic section available during the Promotion term may participate; therefore, any other person who does not enter the indicated page will not be able to participate with the purpose of being a beneficiary of the 2023 Grill Event.

ARTICLE THREE-A: PROMOTION MECHANICS

In addition to what is described above, the promotion will be developed as follows:

A section will be created within the website epaenlinea.com identified with the name “Evento Parrillero 2023", in this section the customer interested in participating must click on the button found within the dynamics section to fill out a survey, must complete all requested information, and thus will be able to participate for one (1) of the eight (8) possible fields to compete in the 2023 Grill Event.

From all users who have correctly completed all the survey questions, eight (8) users will be selected to be interviewed in order to learn about aspects relevant to the event. In case of being selected, all participants will be contacted in order to inform them and coordinate event details, which must be accepted by the user to confirm their participation. Once participation is confirmed, the participant must sign a document transferring image rights and a document accepting participation conditions.

Once through the selection process, and in case of being one of the selected, participation in the 2023 Grill Event will be officially communicated. The selected people will participate together with eight (8) special guests, who will form a total of eight (8) teams. The names of the special guests will be revealed on a date close to the event; all teams will participate on the single date mentioned above.

The location where the event will take place will be defined by the organizer; the participant may opt for the possibility of staying the night before in a hotel near the event location at the discretion of the organizer; likewise, transportation will be provided from the hotel to the Event location and back to the hotel. The participant must arrive on their own means to the main entrance of Ferretería EPA Escazú the day before the live broadcast, meaning Friday, November 17, before 12:00 noon.

Confirmed users will receive from the organizer all implements, supplies, and food to be used on the day of the Event. All selected participants will be covered under a risk policy, the proof of which will be given to them on the day of the Event. In case of any emergency, the organizer will have an ambulance available to handle any eventuality.

During the Event, there will be a jury in charge of evaluating the performance of the participants in different aspects, which will be revealed on the day of the event.

The jury will determine the rating of all participants. In this edition, we will have 3 prizes, of which the first and second place winners will be those who obtain the highest rating given by the jury before the live broadcast ends, and the third place winner will be selected based on a voting dynamic detailed below.

Viewers watching the broadcast will have the opportunity to vote for their preferred participant. Once the event voting time has ended, the votes cast by the viewers will be counted. The viewer voting period will be from November 18 to November 25, 2023.

During the day of the Event, the broadcast will be conducted via Facebook Live on Facebook/Epacostarica. The 3 winners will be officially announced through the Facebook/Epacostarica profile on Monday, December 04, 2023.

As a limitation for all Participants, both users who register surveys and Viewers who cast their votes may complete one (1) or more surveys or cast one (1) or more votes; however, at the time of counting the votes and selecting the third place winner, only one (1) registration will be taken into account.

Ferretería EPA S.A. reserves the right to require the Participant to provide any additional document or personal information necessary to apply for the Promotion. In accordance with the regulations herein, during the term of this Promotion, Participants who wish to compete for the prizes mentioned in this Regulation will do so in accordance with the mechanics expressed in this Regulation.

ARTICLE FOUR: DEFINITIONS AND PARTICIPANTS

The following terms initiated below, as well as the definitions used in this Regulation, 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 this Regulation.
  2. “Point of Sale” For this dynamic means the website www.epaenlinea.com.
  3. “Personal Data” means the data provided in the survey to register their vote for the favorite participant; the data requested is (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) Telephone numbers; (iv) Email address, in compliance with the legal provisions established by the Law for the Protection of the Individual Against the Treatment of Their Personal Data. The use of the information provided by the participant is detailed in Article Six of this regulation.

4-Prize: In this Promotion, there are three (3) winners and three (3) types of prizes and/or benefits, one prize defined for each of the winners, described below:

Prize:

In this promotion, three (3) prizes will be awarded, which will be distributed as follows:

Among the participants who compete in the 2023 Grill Event, two (2) winners (first and second place) will be selected according to the jury's selection, and one (1) third winner will be for the participant who qualifies with the highest number of votes from the viewers.

In the case of the 2023 Grill Event winners by jury rating, they will receive as a prize: First place one (1) 4-burner infrared gas grill, 45,000 BTU + 1 side burner Char-Broil code 06-46-069. Second place one (1) portable infrared gas grill Char-Broil code 06-46-031.

Third place, for the winner selected through the viewers' votes, will receive as a prize: One (1) surprise grill kit, which will be revealed on the day of the live broadcast.

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 form 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 who eventually join and are identified during the Promotion may not participate, nor may employees of OverseasLogisticsOperations S.A. (OLO) and CredixWorld S.A. up to the third degree of consanguinity or affinity.

ARTICLE FIVE: DRAW PROCEDURE AND PRIZE COLLECTION.

Among all participants who meet the requirements established in this regulation, have competed correctly in the Event, and have been selected by the jury, first and second place will be announced live on Saturday, November 18, 2023, during the broadcast of the Grill Event.

Once the estimated voting time for the “2023 Grill Event” is over, the votes cast for the participants by the viewers will be counted; the participant with the most votes will be the third place winner, the prize mentioned as a surprise grill kit.

The vote counting will take place at the central offices of Ferreterías EPA on Monday, November 27, 2023, by those in charge of the Promotions Department. A Record / Sworn Declaration must be drawn up regarding this situation before 2 witnesses with the name of the winning participant for third place. The organizer reserves the right to modify the mentioned date of the vote counting for convenience as long as 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 through Ferretería EPA social media.

Next, the data provided and the correct participation of the selected winner will be verified. In case they do not comply, the selected one is discarded, and the data of the next participant with the most votes is verified following the same protocol, and so on until the participants are exhausted. If for any reason no participant wants the prize, it will remain vacant, and the organizer will dispose of it in the manner it deems convenient. In the event that the participation meets all requirements, the winner will be contacted via a phone call within a maximum period of (3) business days. If the selected one cannot be reached within a maximum of 3 call attempts during this period, the next participant with the most votes will be contacted following the same protocol, and so on until the participants are exhausted. Once all winners are confirmed, the announcement of the winners will proceed. The winners will be announced on December 04, 2023; the deadline will be extended until December 08 to publish the winners. 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 winners will be announced solely via the “EPA Costa Rica” Facebook page in a post on the wall.

The jury-voted prizes will be physically delivered at the event location once the live broadcast is finished; for the delivery of the prize by votes, the favored participant will be notified of the place, date, and time for delivery, as well as the collection of the corresponding Prize. In this sense, the winners must sign for the receipt of their prize or confirm the receipt in accordance via email if applicable, granting a release of liability for Ferretería EPA S.A. where all limitations and conditions that the Prize grants will be expressed, releasing the Sponsor from all liability for its use, transport, 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.

The Winner must collect their Prize within a period no longer than 1 calendar 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 Prize.

Failing to do so, they will lose the right to it, and may not claim damages and/or losses to Ferretería EPA S.A. as a result of the loss of the Prize. Said Prize MAY NOT be transferred under any circumstances to a family member, spouse, child, or third party, as the object of the promotion is that the participant who met all the mentioned requirements 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 will be drawn up of these circumstances at the discretion of the Organizer. The granting of any of the prizes will be conditioned on 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 granted to those participants who directly or indirectly breach the terms and conditions previously established herein. If the winner does not demonstrate their will 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: ORGANIZER RESPONSIBILITY, USE OF IMAGE, DATABASE, AND FINAL PROVISIONS.

The Promotion and the Participants are subject to the requirements, conditions, and restrictions of this Regulation.

Ferretería Epa S.A. will not be held responsible for any collateral expenses incurred by the Participant in carrying out the procedures required to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, transportation costs, internet access, among others.

Ferretería Epa S.A. will ensure compliance with the safety protocols established by the Ministry of Health for said event, as well as the safety of all participants attending the Evento Parrillero.

In the event of any unforeseen circumstances 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. reserves the right to suspend the benefits of this Promotion in cases where it is determined that such 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, meaning the organizer is solely responsible for the delivery of the prize indicated in these Rules.

Prize winners shall be responsible for the use and enjoyment thereof.

The Organizer will not be responsible for any unauthorized human intervention by third parties in computer systems or similar that alter the development of the promotion; therefore, if any such situation is detected, the Promotion will be suspended.

In order to make the results of the Promotion public, at the decision and discretion of the Organizer, participants who are awarded 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 any promotional material for activities following the Promotion, such as the delivery and receipt of prizes, without implying additional remuneration or compensation, nor claims for image rights; thus, 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 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 fails to appear to claim their prize within the timeframe indicated in these Rules, it will be considered a voluntary waiver of their right to claim the prize. The selected Participant shall not be entitled to any claim or compensation, 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 the next participant as the winner, as applicable.

Personal Information: All information provided by participants will belong to the Organizer and/or Co-organizer. By providing their data, participants authorize the access to said information by the Organizers and its inclusion in a database if the Organizer sees fit, further authorizing the use of said database to send commercial information from the Organizing Company or third parties, as well as any commercial purpose not prohibited through any means of communication available to the organizer.

Relationship between the parties: No provision of this Promotion shall be interpreted as creating a relationship between the parties other than that which arises from the normal course of business. No participant in the Promotion, by the fact of being one, acquires the status of employee, representative, or agent of the Organizing company. Compliance with the obligations established in these Rules will terminate the relationship between the parties in its entirety.

Participants acknowledge that the Organizer will not collect or process sensitive personal data. The data requested from the participant and those that the law authorizes the Organizer to request will be used. By the mere fact of participating, participants accept and consent that the data relating to their names, photographs, and personal emails they have on their Facebook social network profiles or provided at any time during the Promotion may be used by the Organizer.

Regarding the respect for the right of informational self-determination that assists individuals, the Organizer informs all participants of the Promotion of the existence of a database where the personal data requested in this Promotion, such as email and telephone number, will be collected.

The information contained in the database that may be held by the Promotion will be for the use of the Organizer, and the Organizer is authorized to transfer such data to the company(ies) it deems pertinent. Participants and users declare to have been informed of the personal data protection conditions described above, accepting and consenting to the automated processing of such data by the Organizer, in the form and for the purposes indicated in this section.

Likewise, in special cases that warrant it, at the decision of the Sponsor, a Notarial Act will be drawn up regarding these circumstances to certify any fact beyond what is foreseen in these Rules.

For more information or queries regarding these Rules, Participants may send a private message to the Facebook/EPAcostarica profile or via chat through the official Ferretería Epa S.A. website (www.epaenlinea.com). 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. website (www.epaenlinea.com) during the validity of this promotion. For the purposes of communicating these Rules and promotional material, the following legends will be established: “Conditions apply. See promotion rules.”