"Complete the survey at EPA and win" promotion rules
This Regulation (hereinafter the “Regulation”) aims to establish, define, and limit the terms and conditions of the promotion to be carried out and organized by FERRETERÍA EPA S.A., corporate tax ID 3-101-354271, hereinafter and for the purposes of this Regulation referred to as “The Organizer” and/or Ferretería Epa S.A / EPA.”
The provisions herein shall be mandatory for all Participants (see definition of Participant below) who, voluntarily and in compliance with these provisions, decide to participate freely and voluntarily in the Promotion carried out by EPA. Participation in the Promotion implies that the Participant knows and respects these rules, conditions, and procedures, which shall be definitive regarding the Promotion and are known and accepted as final. Any violation of said rules and/or procedures established for the Promotion shall result in the immediate exclusion of the Participant, without any liability on the part of Ferretería EPA S.A.
By virtue of the above, by the mere act of participating in the Promotion, the Participants unconditionally accept all the rules and conditions of this Regulation, including those clauses that limit the Sponsor's liability. Likewise, they agree to submit to the Organizer's decisions in any matter related to the Promotion.
The granting of the Prize (see definition of Prize below) in this Promotion shall be conditioned upon compliance with each and every applicable law and regulation, as well as the provisions of this Regulation. The Organizer reserves the right to disqualify and/or demand the return of the prize from those participants who, directly or indirectly, fail to comply with the rules and conditions established herein, which are expressly accepted by the Participants.
SECTION A. GENERAL PROVISIONS:
Article A1: About the Promotion: The purpose of this Regulation is to establish, regulate, limit, and clarify the guidelines and/or conditions under which the Promotion named “COMPLETE THE SURVEY AT EPA AND WIN” (hereinafter referred to as the “Promotion”) will be governed. It belongs to and is primarily sponsored by Ferretería EPA S.A. (hereinafter referred to as the “Sponsor” and/or “Organizer”).
Article A2: This Promotion is for a limited time, starting at 07:00 on January 2, 2019, and ending at 21:00 on December 31, 2019, which is the total period during which the Promotion will be valid, in accordance with this Regulation.
Article A3: Any natural person may participate in this Promotion, provided they are of legal age and possess a valid and current personal identification document, duly recognized by the Government of the Republic of Costa Rica. Legal entities and government entities may not participate, as the objective of this Promotion is the benefit of EPA's end customers and/or consumers.
Article A4: The Promotion is directed at End Consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, and other persons considered as such may not participate in this Promotion. Likewise, employees and representatives of EPA may not participate in the Promotion.
The Organizer reserves the right to disqualify from the Promotion or not to proceed with the delivery of the Prize granted by virtue of this Regulation when there are reasonable grounds to believe that the participant does not acquire products at EPA for their personal use or that of their family circle, but rather for the purpose of reselling, distributing, or with the intention of acquiring the participating items solely to participate in the Promotion and subsequently returning said products before the expiration date of the Promotion.
The fact that a person participates a number of times that significantly exceeds what is reasonable and expected of an average contestant in any of the EPA Stores 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 capitalized terms and definitions used in this Regulation shall have the meaning established herein, with the understanding that such meaning shall apply to both the singular and plural forms thereof.
- “CUSTOMER or PARTICIPANT” means any natural person who participates in the Promotion subject to the limitations of Articles A3 and A4 of this Regulation.
- 2. “POINTS OF SALE” means, for this Promotion, all EPA Stores operating in Costa Rica, specifically Curridabat, Escazú, Belén, Tibás, and Desamparados.
- “PERSONAL DATA” means the data that each Participant must provide and complete solely in digital format on the enabled website, which are (i) Full Name; (ii) Valid and current personal identification number, duly recognized by the Government of the Republic of Costa Rica; (iii) Phone numbers; (iv) Receipt number and register number where the purchase was made. Said information shall be used solely by the Organizer for the purposes of the Promotion, which the customers consent to, and it may not be used for commercial or advertising purposes.
- PRIZE: In this promotion, there is a single (1) monthly Prize of one hundred thousand colones in cash (100,000) for the entire duration of the Promotion, which will be awarded to the Winner selected from the draw to be held monthly, during each month of the promotion's validity, within twenty-two (22) days following the end of the calendar month, at the EPA Administrative offices located in Escazú. Said draw will be held electronically among all participants from all EPA Stores who have electronically completed the link corresponding to the Promotion. In this regard, the random draw will be conducted in the presence of a Notary Public who will certify the draw, as well as the selected Prize winner and the two alternate winners.
PRIZE: A single cash prize corresponding to the sum of ONE HUNDRED THOUSAND COLONES per month during the term of the Promotion, which will be delivered to the Participant selected as the Winner in the draw corresponding to the Store under the Promotion. The delivery of the Prize will take place within five (5) calendar days following the call received by the Participant selected as the winner.
- GENERAL PRIZE INFORMATION: This prize is subject to being collected at the EPA Central offices, located in San José, Escazú, within five (5) calendar days following the call received by the Participant selected as the winner of the Promotion from EPA staff informing them of their selection as the Winner. The Winner must sign the respective receipt for the Prize, and in the event of failure to appear to collect the Prize within the fixed period, they will lose their right to it without being able to file any claim against the Organizer.
Article A6: For more information or inquiries regarding this Regulation, you may call 800 EPAVALE (800-372 8253). This Regulation will be available in its entirety for the knowledge and information of the general public and consumers in the Customer Service sections of the EPA Points of Sale during the term of this Promotion. For the purposes of communicating this Regulation, promotional material shall include the following legends:
“Conditions and restrictions apply. Promotion valid from 01/02/2019 to 12/31/2019. Participants only qualify by completing the digital survey via any of the following links: www.encuesta.promo/escazu, www.encuesta.promo/belen, www.encuesta.promo/tibas, www.encuesta.promo/curridabat, www.encuesta.promo/desamparados. See the general Promotion regulation at Customer Service in the Escazú Store and the EPA/CostaRica Facebook profile.”
“Conditions and restrictions apply. Promotion valid from 01/02/2019 to 12/31/2019. See the general Promotion regulation at Customer Service in the Escazú Store and the EPA/CostaRica Facebook profile.”
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 in all their Stores. 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 result in the immediate exclusion of the Participant from the Promotion and the revocation of any right or prize awarded.
Article B2: During the term 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 term of this Promotion, Participants who wish to enter the draw will do so as follows:
After any purchase made at any of the EPA Stores, the Participant must complete and submit a service survey electronically by accessing the website indicated on the flyers distributed in EPA Stores. By the mere act of entering, completing the required information, and answering the requested questions, the Participant will be entered into the draw for the Prize corresponding to this Promotion. As a requirement, any Participant must make a purchase of any product and subsequently complete the online survey at the link indicated in this Regulation as well as in the information media selected by EPA.
Only one invoice per month per participant is allowed to be registered; if the same participant registers several invoices in a calendar month, only the first registered invoice will be taken into account for the monthly draw. If a person enters the same invoice several times, only the first time they registered it will be taken into account. In this sense, it is clarified that only one entry per person and/or per invoice is allowed for each month during this promotion.
Whoever meets these requirements will be participating in the Promotion and may opt to be chosen as the Winner of the prize corresponding to the Promotion by completing all the data and information required in the survey.
From all Participants in the Promotion, a single Winner will be selected from among all EPA Stores. The draw for the random selection of the monthly winner corresponding to the five EPA Stores will be held in the presence of a Notary Public and a witness, and a Notarial Deed will be drawn up certifying the execution of the draw, as well as the Selected Winner and two Alternate Winners for all EPA stores. To enjoy the right to the prize as a Winner, the Organizer will verify all the data from the survey submitted by the winner through their identification card and ensure that they meet all the requirements of the Regulation.
At the time of the draw, the data of the Participants who do not meet any or some of the requirements indicated in this regulation will be discarded from the format used. Likewise, if the data provided is not clear and does not allow for the identification of the Participant, it will be discarded. The draw will be carried out in front of an EPA Representative, a Witness, and a Notary Public, who will draw up the respective notarial deed of the draw.
Article B4: Conditions for participating.
- The customer and/or Participant must have access to the internet by whatever means best suits their interests and enter the link indicated in this Regulation, complete and submit the survey with all the required information.
- They shall not participate more than once during a single calendar day, which will be verified by the entry of all the information requested in the digital system; nor shall persons participate who in any way fail to comply with the procedures established for this purpose, according to the Regulation.
- Only one invoice per month per participant is allowed to be registered; if the same participant registers several invoices in a calendar month, only the first registered invoice will be taken into account for the monthly draw. If a person enters the same invoice several times, only the first time they registered it will be taken into account. In this sense, it is clarified that only one entry per person and/or per invoice is allowed for each month during this promotion.
Article B5: Those customers who do not meet any or some of the requirements, as well as conditions indicated in this Regulation, will be excluded as participants. Likewise, if the data provided is not clear and does not allow for the identification of the Participant, they will be excluded.
Article B6: The Participant favored with the Prize in accordance with Article B3 of this Regulation will be awarded the “Prize” corresponding to the cash sum of one hundred thousand colones, as established in the Regulation once they are selected randomly according to the program and/or software used for that purpose. It is stated that the Prize cannot be transferred and must be claimed during the period established in this Regulation.
In the event that they have accepted the Prize but, for whatever circumstance, refuse to receive it or complete the respective paperwork, the favored person will lose their right to the Prize. A Notarial Deed regarding these circumstances will be drawn up at the discretion of the Organizer, and the delivery of the prize will proceed to the Alternate Winners, as applicable.
Article B7: In order to publicize the results of the Promotion, at the decision and discretion of the Organizer, the Participant who is favored with any of the Prizes of this Promotion irrevocably and expressly authorizes the Organizer to have their name and image appear in publications and other advertising media and, in general, in all disclosure material of activities subsequent to the Promotion, such as the delivery and receipt of the prizes, without implying remuneration or additional compensation, nor claims for image rights; therefore, 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: The illustrations and/or photographs used in the publications of this Promotion are solely for commercial and promotional purposes, referring to the EPA brand as well as the external signs used.
Article C2: The Sponsor may modify, reduce, expand, extend, suspend, or terminate this Promotion in advance, immediately, without any liability on its part, in whole or in part, 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 on the same terms, at its sole and absolute 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 C3: EPA's responsibility ends with the delivery of the Prize described in Article B4, and it is not responsible for any type of accidents, death, illness, or medical expenses, conduct, or bad behavior that may occur due to the use and enjoyment that the selected Winner may give to the Prize.
Article C4: In the event that a Participant is a beneficiary of the indicated Prize and for any reason does not claim it within the deadlines established as indicated in this Regulation, this 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 participation in the promotion. If such a situation arises, the Organizer is authorized to select one of the alternate winners as appropriate.
Likewise, in special cases that warrant it, at the Sponsor's discretion, a Notarial Act will be drawn up regarding these circumstances to record any fact not provided for in these Regulations.
Article C5: Should a Participant win the Prize indicated in these Regulations and for any reason—whether they fail to comply with the restrictions and conditions regulated herein, or voluntarily decline the Prize—they may not claim any indemnification or consolation prize from the Organizer. Furthermore, they may not request transport or any other requirement for the transfer of the corresponding Prize.
- The Promotion and the Participants are subject to the requirements, conditions, and restrictions of these Regulations.
- 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. will not be responsible for collateral expenses incurred by the Participant in carrying out the steps to make this Promotion effective. These collateral expenses refer to: the cost of calls, internet access, document preparation, 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 have been applied through deception, 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 Participant favored by the scratch card, and therefore, the organizer is responsible only for the delivery of the prize indicated on the scratch card according to these Regulations. Since the prize is specified on each scratch card, EPA will not be responsible for damages to the Prize after delivery.
- The winner of the prize shall be solely responsible for the use and enjoyment of said prize.
- The Organizer shall not be responsible for any unauthorized human intervention by third parties in computer systems or similar that alters the development of the promotion; therefore, if any such situation is detected, the Promotion will be suspended.
- Suspension of the Promotion: The Organizer reserves the right to suspend the Promotion temporarily or permanently in the event that the assignment or claim of prizes is proven to be fraudulent, as well as in cases of technical failures or any other event beyond the reasonable control of the Organizers. The alteration of documents and information about the Participants, as well as deception, fraud or forgery, and unauthorized manipulation that hinders the normal performance of the Promotion, and actions that, in the opinion of the Organizers, are illegal and could cause damage to the Promotion or its Organizers, may be prosecuted by the means provided by Law.
- Personal information: All information provided by participants will belong to the Organizer. Participants, by providing their data, authorize the access to such information by the Organizers and its inclusion in a database if the Organizer deems it appropriate, further authorizing the use of said database to send commercial information from the Organizing Company or third parties, as well as any commercial purpose that is not prohibited.
- Relationship between the parties: No provision of this Promotion shall be construed as creating a relationship between the parties other than that which arises from normal business dealings. 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 Regulations 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 that which the law empowers the Organizer to request will be used. Participants, by the sole act of participating, accept and consent to the use of data related to their names, photographs, and personal emails found on their Facebook social network profiles or provided at any time during the Promotion by the Organizer.
- Regarding the respect for the right to information self-determination that assists individuals, the Organizer informs all Promotion participants of the existence of a database where personal data requested in this Promotion will be collected.
- The information contained in the database that may be obtained through the Promotion will be for the use of the Organizer, and the Organizer is authorized to transfer said data to the company(ies) it deems relevant. Participants and users declare that they have been informed of the conditions regarding the protection of personal data described above, accepting and consenting to the automated processing thereof by the Organizer, in the form and for the purposes indicated in this section.
For further information or queries regarding these Regulations, Participants may send a private message to the EPA Costa Rica Facebook profile, as well as consult it directly at the Customer Service center of EPA stores at all their locations. These Regulations will be available in their entirety for the knowledge and information of the general public and consumers at Customer Service in EPA Stores during the validity of this promotion.