"Free headphones" promotion rules

This Regulation (hereinafter the “Regulation”) aims to establish, define, and limit the terms and conditions of the promotion that will be carried out and organized by FERRETERÍA EPA SA, corporate ID 3-101-354271, who shall hereinafter and for the purposes of this Regulation be referred to as “The Organizer” and/or Ferretería Epa SA / EPA”.

What is provided herein shall be mandatory for the Participants (see definition of Participant below) who voluntarily and in compliance with these provisions decide to participate in the Promotion carried out by EPA. Participation in the Promotion implies on the part of the Participant the acceptance of knowing and respecting these rules and procedures, which shall be considered definitive with respect to 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 SA.

By virtue of the above, by the mere act of participating in the Promotion, the Participants unconditionally accept all the rules of this Regulation, including those clauses that limit the Sponsor’s liability. Likewise, they agree to submit to the decisions of the Organizer in any matter related to the Promotion.

The granting of any of the prizes shall be conditional upon compliance with each and every applicable law, as well as the provisions of this Regulation. The Organizer reserves the right to disqualify and/or demand the return of the prizes and/or benefits granted to those participants who directly or indirectly fail to comply with the rules and conditions established herein.

SECTION A. GENERAL PROVISIONS:

Article A1: Regarding the Promotion: The purpose of this Regulation is to establish, regulate, limit, and clarify the guidelines and/or conditions under which the Promotion named “FREE HEADPHONES” (hereinafter referred to as the “Promotion”) will be governed, which belongs to and is primarily sponsored by Ferretería EPA SA (hereinafter referred to as the “Sponsor” and/or the “Organizer”).

Article A2: This Promotion is for a limited time, starting at 00:00 hours on July 27, 2019, and ending at 23:59 hours on July 28, 2019, or until the total stock of the prize, which is specified and informed in Annex A of this Regulation, is exhausted. Whichever comes first.

Article A3: All natural persons who wish to do so may participate in this Promotion, provided they are of legal age and possess a valid and up-to-date personal identification document recognized by the Government of the Republic of Costa Rica.

Article A4: The Promotion is aimed at natural persons, who are final consumers of Ferretería EPA SA. Therefore, manufacturers, distributors, resellers, legal entities, government entities, and others considered as such shall not participate in this Promotion.

The Organizer reserves the right to disqualify from the Promotion or to demand the return of prizes granted by virtue of this Regulation when there are well-founded reasons to believe that the participant was not purchasing products for their personal use or that of their family circle, but rather with the purpose of reselling, distributing, or with the intention of acquiring the participating items for the sole purpose of participating in the Promotion and subsequently returning said products before the deadline of the same.

The fact that a person participates a number of times that significantly exceeds what is reasonable and expected of an average contestant (3 times per day) will lead the Organizers to presume that their participation has been manipulated with the aim of increasing their probability of winning.

Article A5: The following terms capitalized and 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.

“Customer or Participant” means any of the natural persons who participate in the Promotion subject to the limitations of Articles A3 and A4, both of this Regulation.
“Points of Sale” means solely and exclusively through purchases made on the digital platform epaenlinea.com
“Personal Data” means the data that each Participant must provide to the stand promoters to register the invoice, which are (i) Full Name; (ii) Valid and up-to-date personal identification number, duly recognized by the Government of the Republic of Costa Rica; (iii) Telephone numbers; (iv) Proof of purchase number. Such information will be used solely by the Organizer for the purposes of the Promotion, a situation to which customers consent; therefore, it may not be used for commercial or advertising purposes. Prize: In this promotion, there is one (1) type of prize, which consists of: Immediate prize: 1 headband headset. Code 16-50-785, subject to available stock.

General Prize Information: This prize is subject to limited stock described in Annex A of this regulation. Article A6: For more information or questions about this Regulation, you can call phone number 800 EPAVALE (800-372 8253). This Regulation will be available in its entirety for the knowledge and information of the general public and consumers at epaenlinea.com during the validity of this promotion. For the purposes of communicating this Regulation, the promotional material will establish the following legend: "Promotion exclusive to Epaenlinea.com, valid until stock lasts. Conditions apply. See Promotion Regulation at epaenlinea.com"

SECTION B. PARTICIPATION MECHANICS AND CONDITIONS:

Article B1: To participate in this Promotion, it is necessary for the Participant to know and accept in advance the conditions, requirements, and limitations established in this Regulation, which will be explained if necessary by duly identified Ferretería EPA service advisors. Likewise, this Regulation will be available at Customer Service and on the Facebook page. 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.

Article B2: During the validity period of this Promotion, duly delimited in Article A2 of this Regulation, persons interested in participating voluntarily in the Promotion may do so in the manner described in the following Articles.

Article B3: During the validity period of this Promotion, Participants who wish to obtain the prize will do so in the following manner:

For every purchase made exclusively on epaenlinea.com, which is documented on the respective purchase invoice or digital invoice, and contains a minimum purchase of: thirty thousand (30,000) colones of items available for purchase on the digital portal epaenlinea.com, they will automatically obtain the right to claim the Prize subject of this Promotion by presenting their original purchase invoice at the moment of picking up the prize in the store or receiving the home delivery order. Said purchase must be reflected on the same invoice; invoices cannot be unified to add up to the amount of thirty thousand (30,000) colones available for purchase on the digital portal epaenlinea.com. Therefore, it should be understood that in order to be eligible to claim the prize, it will be solely and exclusively for those customers whose invoice contains the equivalent sum of thirty thousand (30,000) colones of items available for purchase on the digital portal epaenlinea.com. Anyone who meets these requirements will be verified by an online advisor who will coordinate the shipment of the prize in case of home delivery or will coordinate to attach the prize to the order in case of in-store pickup. The invoice must be stamped to certify proper delivery.

Article B4: Conditions for participating.

The customer must go to the digital portal epaenlinea.com, make the purchase that meets the minimum requirement of thirty thousand (30,000) colones of items available for purchase on the digital portal epaenlinea.com Present the proof of their original purchase invoice at the time of picking up or receiving the merchandise to participate and receive their prize, provided they meet the mentioned requirements. The epaenlinea.com promoter will verify that: The invoice meets the minimum purchase required to participate. That the date of purchase indicated on the invoice corresponds to the validity period of the Promotion. The promoter verifies that the invoice meets the requirement and will manually register the purchase data and proceed to deliver the number of headphones to the Participant, according to the number of invoices presented with the corresponding requirement determined by this Regulation. The promoter who delivers the merchandise along with the prize will stamp and mark the invoice with a seal certifying that the invoice corresponding to the purchase was registered to the customer's satisfaction and the prize was delivered. Therefore, it will not be possible to participate in the Promotion with the same invoice. It is stated that any participant who returns the products acquired via the purchase invoice with which they met the requirements to obtain the prize will be excluded from being a beneficiary of the prize. This will be verified at the time of checking the invoice number in the system. Invoices that are not original, torn, damaged, or in any way fail to comply with the procedures established for this purpose, or that have a status or appearance that makes their authenticity doubtful, or that have already been activated at any of the points of sale previously and are outside the promotion's validity date, will not participate. Article A5: Customers who do not meet any or some of the requirements indicated in this regulation will be excluded as participants. Likewise, if the provided data is not clear and does not allow for the identification of the Participant.

Article B6: Each winner of a prize in accordance with Article B3 of this Regulation will be given the corresponding "prize," as established in the Regulation, instantly once the invoice meeting all requirements is submitted. The prize cannot be transferred, cannot be exchanged for cash, and must be picked up on the same day as the purchase.

Each Winner must pick up their respective prize on the same day they pick up or receive the merchandise. Failure to do so will result in the loss of the right to it, and they will not be able to claim the loss of said prize from Ferretería EPA S.A.

In the event that they have accepted a prize but, for any circumstance, refuse to receive it or complete the respective paperwork, the beneficiary will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the Organizer’s discretion.

In the event that they have accepted a prize, which is found to have any defect in its operation, the beneficiary may make a return under the prize’s warranty. In this case, the prize will be exchanged for another one of the same type; in the event that there is no more stock of prizes, the value in colones of the prize established in Article A5 Point 4 of this regulation will be provided.

Article B7: In order to make the results of the Promotion public, at the decision and discretion of the Organizer, participants who are favored with any of the Prizes of this Promotion irrevocably and expressly authorize the Organizer to have their name and image appear in publications and other advertising media and, in general, in all disclosure material for activities following the Promotion, such as delivery and receipt of the prizes, without implying remuneration or additional compensation, nor claims for image rights. By participating, they adhere to the regulations of this Regulation and cannot refuse the disclosure of their information and image rights.

SECTION C. RESTRICTIONS AND LIMITATION OF LIABILITY:

Article C1: This promotion includes the purchase of all products available for purchase on the digital portal epaenlinea.com, provided that the invoice totals an amount equal to or greater than the minimum amount required of thirty thousand (30,000) colones.

Article C2: The illustrations and/or photographs used in the publications of this Promotion are for commercial purposes only; however, the items that correspond to the prize correspond to the reality and characteristics of the same specified in Article A5 point 4.

Article C3: The Sponsor may modify, reduce, expand, extend, suspend, or terminate this Promotion in advance, immediately, without any liability on its part, totally or partially, indefinitely or definitively, if any force majeure or fortuitous event occurs that warrants it. Likewise, for commercial reasons or convenience, it may also modify, suspend, or terminate this Promotion under the same terms, at its sole and total discretion, without the need for prior notice other than that published in the communication and advertising media that the Sponsor deems convenient, or in its Customer Service offices.

Article C4: The Sponsor’s liability ends with the delivery of the prizes described in Article B4 and it is not responsible for any type of accidents, death, illness, or medical expenses, conduct, and bad behavior that may occur due to the use and enjoyment of any of the prizes or promotional products.

Article C5: If a selected Participant does not appear to redeem their prize within the period indicated in this Regulation, within the indicated dates, as well as the period corresponding to the same day of the invoice, it will be considered a voluntary waiver of their right to claim the prize. The selected Participant will not have any right to claim or compensation, not even partially, which each Participant accepts by voluntarily adhering to participation in the promotion. Should this situation arise, the Organizer is authorized to select one of the alternate winners as appropriate.

Likewise, in special cases that warrant it, at the Sponsor’s decision, a Notarial Act will be drawn up regarding these circumstances to certify any fact not provided for in this Regulation.

Article C6: In the event that they turn out to be a Winner and for any reason, whether they do not meet the restrictions and conditions regulated herein, or of their own free will do not accept the Prize, they will not be able to claim any indemnification or consolation prize from the Organizer.