"EPAENLINEA MAY 2021 AWARDS" PROMOTION RULES FOR FERRETERÍA EPA S.A.
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 number 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”.
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 accepts and agrees to respect these rules, conditions, and procedures, which shall be considered definitive regarding the Promotion. Any violation of said rules and/or procedures established for the Promotion will result in the immediate exclusion of the Participant, without any liability on the part of Ferretería EPA SA.
By virtue of the above, by the mere fact of participating in the Promotion, Participants accept all the rules and conditions of this Regulation unconditionally, 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, as well as the provisions of this Regulation. The Organizer reserves the right to disqualify and/or demand the return of the prize granted to 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: 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 “PREMIOS EPAENLINEA MAYO 2021” (hereinafter referred to as the “Promotion”) will be governed, which belongs to and is sponsored primarily by Ferretería EPA SA (hereinafter referred to as the “Sponsor” and/or “Organizer”).
Article A2: This Promotion is for a limited time, starting at 07:00 hours on May 1st, 2020, and ending at 21:00 hours on May 31st, 2020, during which period this Regulation shall be in effect.
Article A3: All natural persons may participate in this Promotion; natural persons must be of legal age and possess a valid, up-to-date personal identification document recognized by the Government of the Republic of Costa Rica.
Article A4: The Promotion is aimed at Final Consumers of Ferretería EPA SA. Therefore, manufacturers, distributors, resellers, and other persons considered as such may not participate in this Promotion. Likewise, collaborators and representatives of the Sponsor and any Co-sponsor that joins and is identified during the Promotion, as well as collaborators of Overseas Logistics Operations SA (OLO) and Credix World SA up to the first degree of consanguinity or affinity, may not participate in the Promotion.
The Organizer reserves the right to disqualify from the Promotion or to demand the return of the Prize awarded by virtue of this Regulation when there are well-founded reasons 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 its validity period.
The fact that a person participates more than six (6) times in a day, which 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 terms beginning with capital letters and definitions used in this Regulation shall have the established meaning, with the understanding that said meaning shall be applicable to both the singular and plural forms thereof.
“Client 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, for this Promotion, exclusively the official website cr.epaenlinea.com
“Personal Data” means the data that each Participant must provide and complete solely in digital form on the enabled website, 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) Phone numbers; (iv) Email address; (v) Barcode number located at the bottom of the invoice, which includes the store, date, purchase receipt number, and register where the purchase was made.
Prize: In this promotion, there are nine (9) prizes, which will be awarded one to each of the nine (9) Selected Winners of the draw that will take place on June 7, 2021, at the EPA Administrative offices located in Escazú.
The potential prizes will be distributed as follows, indicating the order in which the names of the selected winners are drawn:
Selected Winner
Prize
First
(1) Karcher 1600 psi Pressure Washer, k2 compact Code: 14-11-120
Second
(1) Nutribullet 600 Extractor Code: 23-38-125
Third
(1) 1/2" 1000w Hammer Drill set with reverse Code: 14-25-081
Fourth
(1) DVD Player Code XX-XX-XXX
Fifth
(1) DVD Player Code XX-XX-XXX
Sixth
(1) DVD Player Code XX-XX-XXX
Seventh
(1) DVD Player Code XX-XX-XXX
Eighth
(1) DVD Player Code XX-XX-XXX
Ninth
(1) DVD Player Code XX-XX-XXX
General Prize Details: This prize is subject to being collected directly at a Ferretería EPA branch of the organizer's choosing within thirty (30) business days following the call the Participant receives from EPA personnel informing them that they were selected as a Winner of the Promotion. The Winner must sign the respective Prize receipt, and in the event of failing to appear to collect the Prize within the set period, they shall lose their right to it without being able to submit any claim to the Organizer.
Article A6: For further information or questions regarding this Regulation, one 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 in the Regulation sections at epaenlinea.com during the validity of this Promotion. For the purposes of communicating this Regulation, promotional material will establish the following legends:
“Promotion exclusive to epaenlinea.com. Valid from May 1 to May 31, 2021. Conditions apply. See regulations at epaenlinea.com.”
SECTION B. PARTICIPATION MECHANICS AND CONDITIONS:
Article B1: To participate in this Promotion, it is necessary for the Participant to know the conditions, requirements, and limitations established in this Regulation. Said regulation will be available for the Client/Participant to read in the regulations section within the official website epaenlinea.com. 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 wishing to participate in the draw will do so in the following manner:
The Participant must make a purchase exclusively through the website Epaenlinea.com for a minimum required amount equal to or greater than fifty thousand (50,000) Costa Rican colones.
Whoever fulfills these requirements will automatically be entered into the Promotion and may thus qualify to be chosen as one of the Winners of one of the nine prizes corresponding to the Promotion.
Article B4: Conditions to participate.
The client and/or Participant must have internet access through the means that best suits their interests and enter the link indicated in this Regulation, as well as on the screens duly identified and located near the Customer Service area of each of the Ferretería EPA stores.
Do not participate more than six (6) times during the period of one calendar day, which will be verified by the entry of all requested information; nor will those persons who in any way fail to comply with the procedures established for this purpose according to the Regulation participate.
Article B5: Clients who do not comply with one or some of the requirements and 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.
Article B6: The Participant favored with the Prize according to Article B3 of this Regulation will be given the corresponding "prize" according to the position in which they were selected, as established in the Regulation once they are selected randomly according to the program and/or software used for that purpose. It is noted that the Prize cannot be transferred and must be claimed within the period established in this Regulation.
In the event that the winner has accepted the Prize but, for any circumstance, refuses to receive it or to complete the respective paperwork, the favored person will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the Organizer's discretion, and delivery will be proceeded with to the Alternate Winners, as appropriate.
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 and other advertising media and, in general, in all dissemination material for activities subsequent to the Promotion, such as the delivery and receipt of prizes, without this implying additional remuneration or 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. DRAW PROCEDURE AND PRIZE COLLECTION:
Once the promotion period has ended, the email addresses of all those who completed the survey will be collected.
Among all those who have participated by completing the survey, the random draw will take place on June 7, 2021. This will be carried out at the central offices of Ferreterías EPA; the draw will be conducted by those in charge of the Marketing Department. A Notarial Act / Sworn Statement must be drawn up regarding this situation before 2 Witnesses listing the names of the winning Participants and their respective alternates; a total of 2 alternates will be selected. The organizer reserves the right to modify the mentioned date of the draw for convenience as long as the chances of being favored for each of the participants are not modified. In the event the date is modified, the new date will be published in advance through Ferretería EPA's social media.
Then, the data provided in the survey and the correct participation of the selected winner will be verified. In the event they do not meet any of the participation requirements, the selected person will be discarded, and the first alternate will be verified following the same protocol, and so on until the alternate winners are exhausted. In the event that the entry meets all requirements, the winner will be contacted via a telephone call within a maximum period of (3) business days. In the event that the selected person cannot be reached in a maximum of 3 call attempts during this period, the next corresponding alternate winner will be contacted following the same protocol, and so on until the alternate winners are exhausted. Once all winners are confirmed, the announcement of the winner will proceed. The first winner will be announced starting from June 11, and at the latest, the period will be extended until June 14 to publish the winner, provided that everything mentioned in this article has been verified; otherwise, the organizer reserves the right to modify the announcement date until all necessary data for the publication are correctly verified. The winner will be announced only via the “EPA Costa Rica” Facebook page in a wall post.
After the mentioned Draw has taken place and the respective winner and/or winner of the prize has been identified in accordance with the previous Articles of this Regulation, once the winner has been contacted in follow-up to the procedure by an EPA representative, they will be indicated the place, date, and time for delivery, as well as collection of the corresponding Prize. In this sense, the winning person must sign the receipt of their prize as compliant or confirm receipt as compliant via email if applicable, granting a release of liability for Ferretería EPA S.A., where all the limitations and conditions that the granted Prize entails will be expressed, releasing the Sponsor from all liability for the use and/or consumption thereof. Likewise, the favored winner may not claim or request from Ferretería EPA S.A. any additional expense generated by the collection of the Prize, such as transport or the cost associated therewith in the event of not having the necessary means to transport and/or install it in the place they freely decide.
If the conditions established in this Regulation are not met or if the necessary data verification of the official winner cannot be performed, an alternate winner will be automatically chosen, and data verification and prize delivery will proceed taking into account the specifications of this Regulation.
The Winner must collect their Prize within a period of no more than 1 month from the moment they are contacted by Ferretería EPA S.A. collaborators at the times, days, and place established to collect the previously agreed Prize.
Failure to do so will result in the loss of their right to it, and they will not be able to claim damages and/or losses from Ferretería EPA S.A. as a result of the loss of the Prize. Said Prize CANNOT be transferred under any circumstances to a relative, spouse, child, or third party, as the objective of the promotion is for the participant who met all the mentioned requirements to be the beneficiary of the Prize. Likewise, the favored Participant freely and spontaneously authorizes Ferretería EPA S.A. to use their image and name rights in promotional campaigns and any type of advertising carried out by Ferretería EPA S.A., without being able to request any remuneration for it.
In the event of having accepted the Prize, but for any circumstance, the Participant refuses to receive it or to complete the respective paperwork for formalization, the favored person will lose their right to the Prize. A Notarial Act will be drawn up regarding these circumstances at the Organizer's discretion. The granting of any of the prizes will be conditioned upon compliance with each and every applicable law and regulation, as well as compliance with the provisions of this Regulation. The organizer reserves the right to disqualify and/or demand the return of prizes granted to those participants who directly or indirectly fail to comply with the terms and conditions previously established herein. If the winner does not demonstrate their willingness to accept these conditions, the organizers will not assume any type of responsibility, exonerating themselves from the obligation to allow participation and the delivery of a prize or benefit.
SECTION D. RESTRICTIONS AND LIMITATION OF LIABILITY:
Article D1: 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 D2: The Sponsor may modify, reduce, expand, extend, suspend, or terminate this Promotion early, 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 or convenience reasons, 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 media and advertising that the Sponsor deems convenient, or at its Customer Service offices.
Article D3: EPA’s liability ends with the delivery of the Prize described in Article B4 and it is not responsible for any type of accidents, death, illnesses, or medical expenses, conduct, and misbehavior that may occur due to the use and enjoyment that the selected Winner may make of the Prize.
Article D4: In the event that a Participant is a beneficiary of the aforementioned Prize and, for any reason, does not claim it within the timeframes established according to the provisions of these Regulations, their right to claim the Prize shall be considered a voluntary waiver. The selected Participant shall not be entitled to any claim or compensation, even partially, which each Participant accepts by voluntarily participating in the promotion. Should such a 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 discretion, a Notarial Deed shall be drawn up regarding these circumstances to attest to any fact outside of those provided for in these Regulations.
Article D5: Upon becoming a winner of the Prize indicated in these Regulations, for any reason, whether they do not comply with the restrictions and conditions regulated herein, or by their own volition do not accept the Prize, they may not claim any compensatory sum or consolation prize from the Organizer. Furthermore, they may not request transportation 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. 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, internet access, preparation of documents, copies, transportation costs, among others.
Ferretería Epa S.A. reserves the right to suspend the benefits of this Promotion in cases where it is determined that its benefits 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 corresponding Prize to the winning Participant of the draw, and therefore the organizer is responsible only for the delivery of the prize indicated according to these Regulations. As the use of the prize by the selected winner is their own responsibility, EPA will not be held liable for damage to the Prize after delivery.
The prize winner shall be solely responsible for the use and enjoyment they derive from it.
The Organizer shall not be liable for any unauthorized human intervention by third parties in computer systems or similar that alters the development of the promotion; therefore, should any such situation be detected, said Promotion shall be suspended.
Suspension of the Promotion: The Organizer reserves the right to suspend the Promotion temporarily or permanently in the event of proof of fraudulent allocation or claiming 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 Participants, as well as deceit, fraud, or falsification, or unauthorized manipulation that hinders the normal performance of the Promotion and actions that, in the judgment of the Organizers, are illegal and could cause harm to the Promotion or its Organizers, may be prosecuted by the means provided by Law.
Personal information: All information provided by participants shall belong to the Organizer. Participants, by providing their data, authorize 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 interpreted as creating a relationship between the parties other than that which arises from normal trade. No participant in the Promotion, by virtue of being one, acquires the status of employee, representative, or agent of the Organizing company. Compliance with the obligations established in these Regulations shall 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 shall be used. By the mere act of participating, participants accept and consent that data relating to 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 respect for the right of informational self-determination afforded to persons, the Organizer informs all Promotion participants 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 appropriate. 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 thereof by the Organizer, in the manner 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, or consult it directly on the official website epaenlinea.com. 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 term of this promotion.