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"New subscriber coupon" 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., legal entity ID number 3-101-354271, who shall hereinafter and for the purposes of this Regulation be referred to as “The Organizer” and/or Ferretería Epa S.A / EPA.”

The provisions 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 that the Participant accepts to know and respect these rules and procedures, which shall be considered final regarding the Promotion, and are known and accepted as final. Any violation of said rules and/or procedures established for the Promotion shall imply 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 of this Regulation, including those clauses that limit the liability of the Sponsor. Likewise, they agree to submit to the decisions of the Organizer on any matter related to the Promotion.

The granting of any of the prizes 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 prizes and/or benefits granted to those participants who directly or indirectly breach 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 titled “15% DISCOUNT COUPON FOR NEW SUBSCRIBERS” (hereinafter referred to as the “Promotion”) will be governed, which belongs to and is primarily sponsored by Ferretería EPA S.A. (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 February 14, 2020, and ending at 23:59 hours on February 21, 2020.

Article A3: Any natural person who wishes 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, duly recognized by the Government of the Republic of Costa Rica.

Article A4: The Promotion is aimed at natural persons, final consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, legal entities, government entities, and other persons considered as such may not participate in this Promotion.

The Organizer reserves the right to disqualify from the Promotion or to demand the return of prizes granted under this Regulation when there are reasonable grounds to believe that the participant is not acquiring products for their personal use or that of their family circle, with the objective 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 expiration of the Promotion period.

The fact that a person participates a number of times that significantly exceeds what is reasonable and expected of an average contestant will lead the Organizers to presume that their participation has been manipulated with the aim of increasing their probability of winning. The promotional benefit can only be used once, at the time of making a purchase on the epaenlinea.com portal.

Article A5: The following terms starting with capital letters and 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. “Client or Participant” means any of the natural persons who participate in the Promotion with the limitations of Articles A3 and A4, both of this Regulation.

  2. “Points of Sale” means solely and exclusively through purchases made on the digital platform epaenlinea.com

  3. “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) Purchase receipt number. Said information shall be used solely by the Organizer for the purposes of the Promotion, a situation to which the clients consent, and therefore it may not be used for commercial or advertising purposes.

  4. Prize: In this promotion, there is one (1) type of prize, consisting of:

Promotional benefit: 15% discount on the total amount of the purchase made on the epaenlinea.com platform.

  1. Prize generalities: Only applies when making the purchase on epaenlinea.com; does not apply with other discounts nor the “Construction” category.

Article A6: For further information or queries about this Regulation, you may call telephone 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 shall state the following legend: "Exclusive promotion of Epaenlinea.com. Valid until February 22. 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 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.

Article B2: During the validity period of this Promotion, duly delimited in Article A2 of this Regulation, those 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 shall do so as follows:

Upon making a purchase exclusively on epaenlinea.com, which is documented in the respective purchase invoice or digital invoice, without requiring a minimum purchase amount, and which includes any of the products available for purchase on the digital portal epaenlinea.com, the customer will automatically obtain the right to the promotional benefit subject of this Promotion at the very moment of making the purchase. Said purchase must be reflected on the same invoice; the promotional benefit cannot be applied to subsequent purchases made, so it must be understood that to be eligible to use the promotional benefit, it shall be solely and exclusively for those customers whose purchase is the one invoiced on the digital portal epaenlinea.com.

Article B4: Conditions to participate.

  • The client must go to the website epaenlinea.com to make the purchase that meets the requirement of being the purchase made on epaenlinea.com

  • Does not apply with other discounts.

Article B5: Those clients who do not comply with one or more of the requirements indicated in this regulation will be excluded as participants. Likewise, if the data provided is not clear and does not allow the Participant to be identified.

Article B6: For each person favored with a promotional benefit in accordance with Article B3 of this Regulation, the benefit will be applied instantly upon making the purchase through epaenlinea.com, as established in the Regulation; the benefit cannot be assigned, cannot be exchanged for cash, and is valid until February 22, 2020.

Each participant must make the purchase during the validity of the promotion. Failure to do so will result in the loss of the right to it, and the participant may not claim the loss of said prize from Ferretería EPA S.A.

In the event that a prize has been accepted, but for any circumstance the winner refuses to receive it or to complete the respective paperwork, the favored party will lose their right to the Prize. A Notarial Act regarding these circumstances may be drawn up at the discretion of the Organizer.

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

In this sense, it is accepted that video and photographs may be taken during the renovation work, which will be used for advertising purposes without the right to claim any sum.

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.

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

Article C3: The Sponsor may modify, reduce, shorten, 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 act of God 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 total discretion, without the need for prior notice other than that which is published in the communication and advertising media that the Sponsor deems appropriate, or in its Customer Service offices.

Article C4: The Sponsor's liability ends with the delivery of the benefits described in Article B4 and it is not responsible for any type of accidents, death, illnesses, 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 redeem their prize within the period indicated in this Regulation, within the dates indicated, as well as within the deadline corresponding to the same day of the purchase, it shall be considered a voluntary waiver of their right to claim the benefit. The selected Participant shall have no right to any claim or indemnity, 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 substitute 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 attest to any fact not foreseen in this Regulation.

Article C6: In the event that a Participant is a Winner and for any reason, whether they do not meet the restrictions and conditions regulated herein, or by their own will they do not accept the Prize, they may not claim any indemnity sum or consolation prize from the Organizer.

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

  • In the event of any situation of force majeure or act of God, Ferretería Epa S.A. may suspend the Promotion in whole or in part, without any liability being generated by said suspension.

  • Ferretería Epa S.A. will not be responsible for the collateral expenses involved for the Participant in carrying out the steps to make this Promotion effective. These collateral expenses refer to: cost of calls, preparation of documents, copies, cost of transportation, among others.

  • Ferretería Epa S.A. reserves the right to suspend the benefits of this Promotion in those cases in which it is determined that the benefits of the same 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 liability of Ferretería Epa S.A. ends with the delivery of the Prize corresponding to the favored Participant, so the organizer is responsible only for the delivery of the prize indicated in this Regulation. Given that the prize is a 10% discount, EPA will not be liable for damages to the person.

  • The winner of the prize will be solely responsible for the use and enjoyment they make of it.

  • The Organizer will not be responsible for any unauthorized human intervention by third parties in the computer systems or similar that alter the development of the promotion, so in case of detecting any similar situation, said Promotion will be suspended.

  • Suspension of the Promotion: The Organizer reserves the right to suspend the Promotion temporarily or definitively in the event that the existence of fraudulent allocation or claim of prizes is proven, 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 falsification, unauthorized manipulation that hinders the normal performance of the Promotion, and actions that in the judgment of the Organizers are illegal and may cause prejudice to the Promotion or its Organizers, may be prosecuted by the means provided by Law.

  • Personal information: All information provided by the participants shall belong to the Organizer and/or Co-organizer. The participants, by providing their data, authorize the access to said information by the Organizers and its inclusion in a database if the Organizer sees fit, also 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 interpreted as creating a relationship between the parties different from that which arises from normal trade traffic. No participant in the Promotion, by the mere fact of being one, acquires the status of employee, representative, or agent of the Organizing company. With the fulfillment of the obligations established in this Regulation, the relationship between the parties will end 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. Participants, by the mere fact of participating, accept and consent that the data relating to their names, photographs, and personal emails that 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 information 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 will be collected.

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

For further information or questions regarding these Rules, Participants may send a private message to the EPA Costa Rica Facebook profile, or inquire directly at the Customer Service center at any EPA store. These Rules will be available in their entirety for the knowledge and information of the general public and consumers at the in-store Customer Service desk during the validity period of this promotion.

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