OFFICIAL RULES FOR THE “FAN DEL HOGAR 2018” PROMOTION BY FERRETERÍA EPA S.A.
___________________________________________________________
PROMOTION RULES
“FAN DEL HOGAR 2018” (HOME FAN 2018)
BY FERRETERÍA EPA S.A.
___________________________________________________________
These Rules (hereinafter the “Rules”) have the objective of establishing, defining, and limiting the terms and conditions of the promotion that will be carried out and organized by FERRETERÍA EPA S.A., legal entity ID 3-101-354271, hereinafter and for the purposes of these Rules 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 the Participant's acceptance of knowing and respecting these rules, conditions, and procedures, which shall be definitive with respect to the Promotion, and are known and accepted as final.
By virtue of the foregoing, by the mere act of participating in the Promotion, Participants accept all the rules and conditions of these Rules unconditionally, including those clauses that limit the Sponsor's liability. Likewise, they agree to submit to the Organizer's decisions on any matter related to the Promotion.
The granting of the Prize (see definition of Prize below) in this Promotion shall be conditional upon compliance with each and every applicable law and regulation, as well as the provisions of these Rules. The Organizer reserves the right to disqualify and/or demand the return of the prize granted to those participants who directly or indirectly breach the rules and conditions established herein, which are expressly accepted by the Participants.
SECTION A. GENERAL PROVISIONS:
Article A1: On the Promotion: The purpose of these Rules is to establish, regulate, limit, and clarify the guidelines and/or conditions under which the promotion titled “FAN DEL HOGAR 2018” (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 “Organizer”).
Article A2: This Promotion is for a limited time, starting at 07:00 on October 19, 2018, and ending at 21:00 on November 12, 2018, during which time these Rules shall be in effect.
Article A3: All natural persons who wish to participate in this Promotion may do so, 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, given that the purpose of this Promotion is the benefit of EPA's end customers and/or consumers.
Article A4: The Promotion is aimed at Consumers of Ferretería EPA S.A. Therefore, the following may not participate: a. Employees, executives, and officials of the Organizing Company; b. Employees, executives, and officials of advertising agencies and other suppliers involved in this Promotion, including the companies Overseas Logistics Operations S.A. (OLO) and Credix World S.A.; c. Officials of any of the co-sponsoring companies of this Promotion who, by virtue of their position, may in any way influence the development of the Promotion or the assignment of the prizes; and d. Relatives up to the first degree of consanguinity or affinity of all the aforementioned.
The Organizer reserves the right to disqualify from the Promotion or to demand the return of the Prize granted by virtue of these Rules when there are reasonable grounds to believe that the participant is not acquiring products 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 for the sole purpose of participating 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 (5 times per day) in any of the EPA Stores will cause the Organizers to presume that their participation has been manipulated for the purpose of increasing their probability of winning.
Article A5: The following terms starting with capital letters and definitions used in these Rules 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 natural person who participates in the Promotion with the limitations of Articles A3 and A4 of these Rules.
- “Points of Sale” means for this Promotion, the five Ferretería EPA stores located in Belén (Diagonal to Real Cariari on the General Cañas highway), Curridabat (50 meters east of the Indoor Club), Desamparados (From the San Miguel intersection, 300 meters south towards Aserrí), Escazú (adjacent to the Próspero Fernández highway), and Tibás (300 meters west of the Llorente intersection).
- “Personal Data” means the data that each Participant must provide and complete solely digitally on the enabled website, which is: (i) Full Name; (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; (v) Barcode number located at the bottom of the invoice, which includes the date, purchase receipt number, and register where the purchase was made. Said 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.
- Prizes: In this promotion, two hundred and fifty-one (251) prizes will be awarded to the Winners selected in the draws that will take place on the dates (October 22, 29, 2018; November 5, 13, 2018), with all draws taking place at 09:00 at the EPA Administrative offices located in Escazú. Said Draws will be conducted in the presence of a Public Notary of the Organizer's choosing, who will certify the draw as well as the selected Prize winners and the two hundred and fifty-one (251) substitute winners. The Organizer may modify the date of the draw for reasons of convenience or opportunity, but this change does not modify the period for participating in the promotion, so as not to affect the odds of winning. Each draw will be carried out by an electronic means that guarantees the randomness with which each code was chosen.
The two hundred and fifty-one (251) prizes are distributed as follows:
|
Description |
Code |
Quantity |
|
Entertainment Kit |
09-20-113 16-50-679 |
50 |
|
Grill |
06-46-055 |
50 |
|
PlayStation 4 |
16-50-631 |
25 |
|
Stanley Tool |
SBD20S2K-B3 |
125 |
|
Car |
Chevrolet Beat 2018, LT model version 2018 |
1 |
- Description of prizes: The present promotion will offer the following prizes according to the quantities mentioned.
- Entertainment Kit: Each kit includes one (1) RECLINING CHAIR 65X90X105CM code 09-20-113 and one (1) PORTABLE BLUETOOTH SPEAKER, USB SD FM, 30WX2, LED LIGHT code 16-50-679.
- Grill: It is one (1) VERSATILE CHARCOAL AND GAS GRILL code 06-46-055.
- PlayStation 4: It is one (1) PlayStation 4 video game console with 1 Terabyte of space and includes the digital game FIFA 18 code 16-50-631.
- Stanley Tool: It is one (1) 1/2" 20V CORDLESS HAMMER DRILL VVR 430/1700 RPM Reference SBD20S2K-B3.
- Car: It is one (1) 2018 Chevrolet Beat car: LT model; 2018 version; interior equipment: air conditioning with manual control, courtesy lights, 3-spoke steering wheel with audio and phone controls with silver inserts, center console with two front cup holders and one rear, driver visor without mirror and passenger visor with mirror and cover, interior mirror with day/night adjustment, AM/FM/USB Radio, auxiliary input, Bluetooth, 4 speakers, manual rear windows, automatic front windows, rear defogger, fabric seats, bucket front seats, with 2-position manual adjustment for the driver's seat and headrests, folding rear seats with headrests, polar gray center panel; Exterior equipment: halogen headlights with on/off control, third brake light, black grille, body-color bumpers, 14" steel rims, 165/65R14 SL 79H BW HWY, Spare: 165/65R14 SL 79H BW, black handles, black side mirrors with manual adjustment and manually folding, body-color spoiler; Engine 1.2L, 4 Cylinders, MFI DOHC, power (HP) 81@6400, torque (Nm) 108@4800, electric power steering; Front suspension Ride and handling McPherson type, rear Ride and handling independent with frame; Transmission: 5-speed manual; Safety and Technology: Ventilated disc front brakes, drum rear brakes with ABS system, ISOFIX anchor system (top and bottom tether system for child seats), seat belts, immobilizer system, airbags, 5-passenger capacity, fuel tank (L) 35; Dimensions: Wheelbase (mm) 2,375, Length (mm) 3,995, Width (mm) 1,597, Height (mm) 1,552. Warranty: 3 years or 100,000 Km, whichever occurs first.
- General information regarding prizes: Each Winner must sign the respective Prize receipt, release of liability for the Organizer, and authorization for the use of their image in order to collect the prize. In the event of failure to appear to collect the Prize within the set period, they will lose their right without being able to present any claim to the Organizer.
The Organizer will make three attempts to locate each winner via the phone number provided at the time of participation, over a period of 8 hours. If a person chosen as a winner cannot be located within that period or does not meet the regulatory requirements to receive the prize, such circumstance shall be recorded in the notarial deed that the Organizer will draw up for that purpose. In these cases, the first substitute will be contacted and will assume the same obligations and responsibilities as the corresponding winner. The Organizer shall have no obligation to investigate the reasons why a person is not reached at the phone number provided at the time of the electronic ticket activation.
The Prizes of this promotion are distributed as follows: (i) Two hundred and fifty (250) prizes intended for daily draws (10 prizes each day) distributed uniformly across all EPA Stores. Each day that draws are held, the 10 winners (2 for each point of sale) will be chosen corresponding to each of the days of the promotion that have passed; (ii) One (1) final prize intended for a single winner among all people who have participated. After being contacted for the first time by the organizers or after their name is published in accordance with these Rules (whichever occurs first), each potential winner has 10 calendar days to claim their prize. Once this period has elapsed, they will have no right to claim it nor to claim any compensation. Likewise, the prize consists solely of a credit at the Organizer's establishment, and under no circumstances shall the organizer deliver said amount in cash.
Article A6: For further information or queries regarding these Rules, you may call 800 EPAVALE (800-372 8253). The response to these queries shall not imply a total or partial modification of these Rules, or a waiver of compliance therewith.
These Rules will be available in their 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 these Rules, the promotional material will state the following captions:
“Conditions and restrictions apply. Promotion valid from 10/19/18 to 11/12/18. Participation is only granted by activating the invoice at epaenlinea.com/promociones and completing the requested personal data. See general rules of the Promotion at Customer Service and the EPA/CostaRica Facebook profile.”
SECTION B. MECHANICS OF PARTICIPATION 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 these Rules, as well as to consent to the use of their personal data.
Article B2: During the validity period of this Promotion, duly defined in Article A2 of these Rules, persons interested in voluntarily participating in the Promotion may do so in the manner described in the following Articles.
Article B3: During the validity period of this Promotion, in order to participate, Participants must make a purchase for a minimum amount of CRC 30,000 (thirty thousand colones, legal tender of the Republic of Costa Rica) to receive one (1) electronic entry. Once the purchase has been made, they must go to the website epaenlinea.com/promociones and provide the requested information. In this way, the Participant will accumulate one (1) electronic entry. Additionally, in the event that the invoice includes sponsoring products, the Participant will accumulate one (1) additional electronic entry for each sponsoring code the invoice contains, or in the case of purchasing sponsoring products from the Stanley or Penzoil brands, each code will add 3 electronic entries. Annex 1 of these Rules contains a list of the sponsoring products. Finally, if the invoice was paid using Credix as the payment method, it will automatically double the number of points the invoice has (for example, if the invoice meets the amount of thirty thousand (30,000) colones, includes three (3) sponsoring products of which 1 (one) of them is Stanley, and the invoice was paid with Credix as the payment method, said invoice will accumulate 12 (twelve) points; in another example, if it includes (30,000) thirty thousand colones, 7 (seven) sponsoring products that are not Stanley or Penzoil, and is paid with a payment method other than Credix, it will accumulate 8 (eight) points, and so on). It is important to highlight that if you include sponsoring products and pay with the Credix payment method but do not meet the minimum required amount of 30,000 colones, you will not earn points. The granting of points for additional purchases made will only be valid if each additional purchase reaches the minimum amount of 30,000 colones (thirty thousand colones, legal tender of the Republic of Costa Rica); the quantity of sponsoring codes and payment methods reflected on the same invoice cannot be combined, and invoices cannot be consolidated for the purpose of reaching the base sum or sponsoring products, so it must be understood that to be eligible for entries, it will be solely and exclusively for those customers whose invoice is equivalent to the minimum sum of 30,000.00 colones (thirty thousand colones, legal tender of the Republic of Costa Rica). Anyone who meets these requirements may register their purchase via the web at the indicated address; their successful registration will be notified via email the following day, together with the electronic entries corresponding to the invoice, in order to participate in the random drawing. The registration of the corresponding entries, where you will provide your personal data in accordance with what is indicated in these Rules. In this way, you will be participating in the drawings for one of the prizes available in Article A5.
The Participant must complete and submit electronically a form requesting the personal data established in Article A5, point 3. By simply logging in, completing the required information, and activating their invoice, the Participant will be entered into the drawing for the Prize corresponding to this Promotion.
Anyone who meets these requirements will be participating in the Promotion, and thus be able to be chosen as a Winner of any of the prizes corresponding to the Promotion, by completing all requested data and information. The more points a Participant accumulates, the more chances they will have of being a Potential Winner of a prize. No participant may win more than one prize in this promotion.
From the total number of Participants in the Promotion, the selection of two hundred and fifty-one (251) Winners will be carried out at random by means of an electronic program. The random selection will be held in the presence of a Public Notary chosen by the organizer and a witness, and a Notarial Act will be drawn up recording the performance of the drawing, as well as the Selected Winners and Alternate Winners thereof. To enjoy the right to the prize as a Winner, the Organizer will verify all the data from the survey sent by the winner via their identity card and ensure that they meet all the requirements of the Rules.
At the time of the drawing, the data of Participants who do not meet one or more of the requirements indicated in these rules will be discarded. The same applies if the provided data is not clear and does not allow for the identification of the Participant.
Once the Potential Winners are selected, it will be verified that they meet all the requirements of these rules. Prior to such verification, it is not possible to consider a Participant as an effective winner of a prize in this promotion.
Article B4: Conditions to participate.
- The customer must make a purchase at any of the FERRETERIA EPA, S.A. stores and register their purchase on the website epaenlinea.com/promociones via the web or with the digital totem identified in the store.
- The customer and/or Participant must have access to the internet through the means that best suits their interests and enter the link indicated in these Rules, as well as on the screens of the digital totem duly identified and located near the customer entrance of each Ferretería EPA store.
Article B5: Those customers who do not meet one or more of the requirements, as well as the conditions indicated in these Rules, will be excluded as participants. The same applies if the provided data is not clear and does not allow for the identification of the Participant.
Article B6: As established in the Rules, once they are selected at random according to the program and/or software used for such purpose. It is stated that the Prize cannot be transferred and must be claimed solely in products from the organizer, during the period established in these Rules.
In the event of having accepted the Prize, but for whatever circumstance, refusing to receive it or complete the respective paperwork, the favored person will lose their right to the Prize. A Notarial Act regarding these circumstances will be drawn up at the discretion of the Organizer, and delivery will proceed to the Alternate Winners, as appropriate. The order of substitution will be based on the order in which they were chosen.
Article B7: In order to make the results of the Promotion public, at the decision and discretion of the Organizer, the Participant who is favored with any of the Prizes of this Promotion expressly and irrevocably authorizes the Organizer for their name and image to appear in publications, videos, and other advertising media and, in general, in all promotional material for activities following the Promotion, such as the delivery and receipt of the prizes, without implying additional remuneration or compensation, nor claims for image rights; therefore, by participating, they adhere to the regulations of these Rules and cannot refuse the disclosure of their information and image rights.
In this sense, it is accepted that during the installation and/or use of the products acquired with the prize, video and photographs may be taken, which will be used for advertising purposes without the right to claim any amount.
SECTION C. RESTRICTIONS AND LIMITATION OF LIABILITY:
Article C1: The illustrations and/or photographs used in the publications of this Promotion are for commercial and promotional purposes only.
Article C2: The Sponsor may modify, reduce, expand, extend, suspend, or terminate this Promotion in advance, immediately and without any liability on its part, totally or partially, indefinitely or definitively, if any cause of force majeure or fortuitous event that warrants it occurs.
Article C3: The Sponsor's responsibility ends with the delivery of the Prize described in Article A5 and it is not responsible for any type of accidents, death, illnesses, or medical expenses, conduct, and misbehavior that may occur from the use and enjoyment that may be given to the Prize.
Article C4: If a Participant who is a beneficiary of the indicated Prize does not claim it within the deadlines established in accordance with these Rules, it will be taken as a voluntary waiver of their right to claim the Prize. The selected Participant will have no right to any 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 decision of the Sponsor, a Notarial Act will be drawn up regarding these circumstances to record any fact outside of what is provided for in these Rules.
Article C5: If the participant, upon being a winner of the indicated Prize and for whatever reason—whether they do not meet the restrictions and conditions regulated herein, or by their own will—does not accept the Prize, they may not claim any compensatory sum or consolation prize from the Organizer. Likewise, they may not request transportation or any requirement for the transfer of the corresponding Prize.
- The Promotion and the Participants are subject to the requirements, conditions, and restrictions of these Rules.
- In the event of any situation of a fortuitous event or force majeure, Ferretería Epa S.A. may suspend the Promotion totally or partially, without any liability generated by such suspension.
- Ferretería Epa S.A. will not be responsible for collateral expenses that the Participant may incur while carrying out the efforts to make this Promotion effective. These collateral expenses refer to: the cost of calls, internet access, preparation of documents, 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 of the same 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 Prize corresponding to the Participant favored by the drawing, so the organizer is responsible only for the delivery of the prize indicated according to these Rules. EPA will not be responsible for damage to the Prize after delivery.
- The winner of the prize will be solely responsible for the use and enjoyment they give to it.
- The Organizer will not be liable for potential unauthorized human intervention by third parties in computer systems or similar that alter the development of the promotion; therefore, in case such a situation is detected, said Promotion will be suspended.
- Suspension of the Promotion: The Organizer reserves the right to suspend the Promotion temporarily or definitively in case of verified existence of the assignment or claiming of prizes in a fraudulent manner, 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 deceit, fraud or falsification, and unauthorized manipulation that hinder the normal performance of the Promotion and actions that in the opinion of the Organizers are illegal and may cause harm to the Promotion or its Organizers, may be prosecuted by the means provided by Law.
- Personal Information: All information provided by the participants will belong to the Organizer and/or Co-organizer. 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, 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 interpreted as creating a relationship between the parties other than that which arises from normal trade. No participant in the Promotion, by the fact of being one, acquires the status of employee, representative, or agent of the Organizing company. With the fulfillment of the obligations established in these Rules, the relationship between the parties will end in its entirety.
- The 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 act of participating, accept and consent that the data relative to their names, photographs, and personal emails that they have on their Facebook social network profiles or provided at any time of the Promotion may be used by the Organizer.
- Regarding the respect for the right to 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 will be for the use of the Organizer, and the Organizer is authorized to transfer said data to the company(ies) it considers pertinent. The participants and users declare that they 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 form and for the purposes indicated in this section.
For further information or inquiries about these Rules, 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 the EPA Store. These Rules will be available in their entirety for the knowledge and information of the general public and consumers, at Customer Service in-store, during the validity period of this promotion.
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