"Dremel Sanding and Polishing Kit" 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 tax ID 3-101-354271, who shall hereinafter be referred to for the purposes of this Regulation as “The Organizer” and/or Ferretería Epa SA / EPA”.
The provisions herein shall be mandatory for 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 acknowledges and respects these rules and procedures, which shall be considered final with respect to the Promotion and are acknowledged and accepted as such. 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 foregoing, by the mere act of participating in the Promotion, Participants accept all the rules of this Regulation unconditionally, 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: This Regulation has the purpose of establishing, regulating, limiting, and clarifying the guidelines and/or conditions under which the Promotion named “DREMEL SANDING AND POLISHING KIT” (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 12:00 hours on March 15, 2019, and ending at 23:59 hours on March 15, 2019, or until 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 current 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 agencies, and other persons 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 reasonable grounds to believe that the participant was not purchasing products for their own 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 deadline thereof.
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 current 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, consisting of:
Immediate prize: 1 Dremel sanding and polishing kit, code 14-56-032.
General aspects of the prize: This prize is subject to limited stock described in Annex A of this regulation.
Article A6: For more information or queries regarding 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 will establish the following caption: "Promotion exclusive to Epaenlinea.com, valid until supplies last. 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 Ferretería EPA service advisors who are duly identified. 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 shall do so as follows:
For every purchase made exclusively at epaenlinea.com, which is documented on the respective purchase invoice or digital invoice, that contains a minimum purchase of: one Dremel rotary tool that is available for purchase on the digital portal epaenlinea.com, they will automatically obtain the right to claim the Prize that is the subject of this Promotion, by presenting their original purchase invoice at the time of picking up the prize at the store or receiving the home delivery order. Said purchase must be reflected on the same invoice; it will not be possible to unify invoices for the purpose of summing up the quantity of one Dremel rotary tool that is 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 one Dremel rotary tool that is available for purchase on the digital portal epaenlinea.com. Whoever 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 attaching the prize to the order in case of in-store pickup. The invoice must be stamped to verify proper delivery.
Article B4: Conditions for participating.
The customer must go to the digital portal epaenlinea.com, make a purchase that meets the minimum requirement of one Dremel rotary tool that is 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 required purchase necessary to participate. That the purchase date indicated on the invoice corresponds to the Promotion’s validity period.
The promoter verifies that the invoice meets the requirement and will manually record the purchase data and proceed to deliver the number of kits 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. Because of this, 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 through the purchase invoice with which they completed the requirements to obtain the prize will be excluded from being a prize recipient. The foregoing will be verified at the time of checking the invoice number in the system.
Non-original, torn, damaged invoices or any invoices that fail to comply with the procedures established for this purpose, or that have a state or appearance that casts doubt on their authenticity, that have already been activated at any of the points of sale previously, and that are outside the promotion’s validity date, will not participate.
Article B5: Customers who do not meet one or more of the requirements indicated in this regulation will be excluded as participants. Likewise, if the data consigned is not clear and does not allow the Participant to be identified.
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 the same, and they may not claim the loss of said prize from Ferretería EPA S.A.
In case of having accepted a prize, but for any circumstance refusing to receive it or to complete the respective paperwork, the winner will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the discretion of the Organizer.
In case of having accepted a prize, which is found to have some malfunction, the winner may make a return under the prize warranty. In this case, the prize will be exchanged for an identical one; in the event there is no further stock of prizes, the value in colones of the prize established in Article A5 Point 4 of this regulation will be delivered.
Article B7: In order to make the results of the Promotion public, at the decision and discretion of the Organizer, the participants who result as winners of any of the Prizes of this Promotion irrevocably and expressly 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 remuneration or additional compensation, nor claims for image rights. Therefore, by participating, they adhere to the regulations of this Regulation and may not 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 Dremel rotary tools available for purchase on the digital portal epaenlinea.com.
Article C2: The illustrations and/or photographs used in the publications of this Promotion are solely for commercial purposes; 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, 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 which is published in the communication and advertising media that the Sponsor deems appropriate, or at 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 accident, death, illness, or medical expenses, conduct, and misbehavior 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 dates indicated, as well as within the period corresponding to the same day of the invoice, their right to claim the prize will be considered a voluntary waiver. The selected Participant will not have the right to any claim or indemnity, not even partially, which each Participant accepts by voluntarily adhering to the participation in the promotion. If such a situation occurs, 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 certify any fact beyond what is provided for in this Regulation.
Article C6: In the event that a Winner is selected and for any reason, whether they do not meet the restrictions and conditions regulated herein, or by their own will do not accept the Prize, they may not claim any compensatory sum or consolation prize from the Organizer.
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. shall not be responsible for any collateral expenses incurred by the Participant in carrying out the procedures to make this Promotion effective. These collateral expenses refer to: cost of calls, 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 such benefits have been applied through deceit, fraud, or other illegal activity.
The mechanics of this Promotion, as well as the Intellectual Property derived therefrom, 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, and therefore the organizer is responsible solely for the delivery of the prize indicated in these Regulations. Since the prize is 1 Dremel sanding and polishing kit, code 14-56-032, EPA will not be held responsible for any damage to persons or clothing after delivery.
The winner of the prize will be solely 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 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 of evidence of fraudulent allocation or claim of prizes, 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, unauthorized manipulation that hinders 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 for by Law.
Personal information: All information provided by the participants will belong to the Organizer and/or Co-organizer. By providing their data, participants authorize access to such 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 other than that which arises from normal trade. No participant in the Promotion, by virtue of participating, 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. By the mere act of participating, participants accept and consent that data regarding their names, photographs, and personal emails 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 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 such data to the company(ies) it deems pertinent. Participants and users declare to have been informed of the conditions regarding the protection of personal data 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 more information or queries regarding these Regulations, Participants may send a private message to the EPA Costa Rica Facebook profile, or consult it directly at the Customer Service center of the EPA Store. These Regulations 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 of this promotion.
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ANNEXES
ANNEX A:
1 Dremel sanding and polishing kit, code 14-56-032.
With a value of ¢12,995.
Initial distribution: 10 units per store for a total of 50 units available.
*Initial quantities and/or while supplies last.