PROMOTION RULES: "Win with Stiebel Eltron and EPA" 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 3-101-354271, hereinafter referred to for the purposes of this Regulation 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 to know and respect these rules, conditions, and procedures, which shall be considered definitive with respect to the Promotion, and which are known and accepted as final. 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, all 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 will be conditioned upon compliance with each and every applicable law and condition, as well as the provisions of this Regulation. The Organizer reserves the right to disqualify and/or demand the return of the prize awarded 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: 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 “PROMOTION: “Win with Stiebel Eltron and EPA” (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 “Organizer”).
Article A2: This Promotion is for a limited time, starting at 07:00 hours on AUGUST 5, 2019, and ending at 21:00 hours on SEPTEMBER 30, 2019, the period during which this Regulation shall be in effect.
Article A3: Any natural person may participate in this Promotion, provided they are of legal age and possess a valid and up-to-date personal identification document recognized by the Government of the Republic of Costa Rica. Likewise, legal entities to whom the purchase of the product is invoiced may participate. Government entities may not participate, given that the purpose of this Promotion is the benefit of EPA’s final customers and/or consumers.
Article A4: The Promotion is aimed at customers and Final Consumers of Ferretería EPA SA. Therefore, manufacturers, distributors, resellers, and other persons considered as such may not participate in this Promotion. Likewise, EPA employees and representatives may not participate in the Promotion.
The Organizer reserves the right to disqualify from the Promotion or to demand the return of the Prize granted by virtue of this Regulation when there are reasonable grounds to believe that the participant does not acquire 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 a number of times that significantly exceeds what is reasonable and expected of an average contestant (6 times) in any of the EPA Stores will lead the Organizers to presume that their participation has been manipulated for the purpose of increasing their probability of winning.
Article A5: The following capitalized terms and definitions used in this Regulation shall have the meaning established, with the understanding that such meaning shall be applicable to both the singular and plural forms thereof.
“Customer or Participant” means any natural and/or legal person who participates in the Promotion, in accordance with the limitations of Articles A3 and A4 of this Regulation.
“Points of Sale” means, for this Promotion, all 5 Ferretería EPA Stores, located in: (i) Curridabat, adjacent to the Indoor Club; (ii) Escazú, adjacent to the Próspero Fernández highway; (iii) San Antonio de Belén, diagonal to Mall Real Cariari, and (iv) Tibás, three hundred meters West of the intersection to Llorente. (v) Desamparados, three hundred meters south of the San Miguel intersection.
“Personal Data” means the data that each Participant must provide and complete on the respective coupon provided to them, 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) Purchase receipt or transaction number and the register where the purchase was made. Said information will be used solely by the Organizer for the purposes of the Promotion, with the goal of validating the information provided against the system information, a situation to which customers consent; therefore, it may not be used for commercial or advertising purposes.
Prize: In this promotion, there are 6 Prizes, which will be awarded among the 6 winners selected in the Raffle, which will take place on OCTOBER 4, 2019, at 10:00 hours at the EPA Administrative offices located in Escazú. Said Raffle will be held in the presence of a Public Notary who will certify the raffle, as well as the selected Prize winner and the six alternate winners by means of a Notarial Deed.
The prizes are divided into 6, awarding:
For the first and second selected winners, each will receive: One (1) certificate for two (2) people to stay for a weekend (2 nights, 3 days) in a double room at the Hotel Crocs Casino Resort, Jacó, on an all-inclusive basis. Approximate value $540 per certificate.
For the third, fourth, fifth, and sixth selected winners, each will receive: One (1) gift card for an amount of ₡50,000 (fifty thousand colones exact) to be applied to the payment of dinners at the Hotel Restaurante Bougainvillea, Santo Domingo de Heredia.
In this manner, the winners of the promotion will be drawn in the order mentioned and, at the end, the six respective alternates.
The delivery of the Prize will be carried out within the thirty (30) calendar days following the call received by the Participant.
5. General prize terms: This prize is subject to being collected within the thirty (30) calendar days following the call received by the Participant from EPA personnel informing them that they were selected as a Winner of the Promotion. The Winner must sign the respective receipt of the Prize
and in the event that they do not appear to collect the Prize within the set period, they will lose their right without being able to file any claim against the Organizer.
The delivery of the Prize will be carried out within the thirty (30) calendar days following the call received by the Participant.
Article A6: For more information or inquiries 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 the Customer Service sections of the EPA Points of Sale during the term of this Promotion. For the purposes of communicating this Regulation, the promotional material will establish the following legends:
“Promotion valid from 08/05/2019 to 09/30/2019 at EPA Stores. Conditions and restrictions apply. See the general promotion rules at Customer Service in-store and on the EPA/CostaRica Facebook profile”
SECTION B. PARTICIPATION MECHANICS AND CONDITIONS:
Article B1: To participate in this Promotion, it is necessary that the Participant knows and accepts in advance the conditions, requirements, and limitations established in this Regulation, which will be explained if necessary by the Ferretería EPA service advisors in any of the EPA Stores, 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 application systems of the Promotion will imply the immediate exclusion of the Participant from the Promotion and the revocation of any right or prize awarded.
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 participate in the raffle will do so as follows:
To participate in this Promotion, the Participant must purchase at any of the EPA Stores, must acquire at least one unit of any of the participating products of the promotion detailed in ANNEX A in any EPA Store; for each unit of the sponsor product, they will receive a coupon which they must enter on the website https://icr-cupones.firebaseapp.com or via the QR code (present on the promotional material in the stores) and complete the corresponding data with all the required information.
Once the minimum requirement for participation has been acquired and paid for at the respective register, the Participant will be given their purchase invoice, with which the Participant must ask the Importaciones Campos Rudín, S.A sales advisor for a coupon or, failing that, go to the EPA Store Customer Service representative to receive the coupon(s) corresponding to their purchase. Once said coupon(s) are received, according to the participating product acquired, they must activate it at the link https://icr-cupones.firebaseapp.com or via the QR code (present on promotional material in the stores) and complete the requested information corresponding to the Promotion that will be in the customer service module.
Whoever complies with these requirements will be participating in the Promotion, and thus be able to opt to be chosen as the Winner of the prize corresponding to the Promotion, with the mere fact of acquiring one of the heaters detailed in Annex A of this regulation, as well as requesting and completing the corresponding coupons that must be deposited in the ballot box.
From the total number of Participants in the Promotion, the selection of the 6 winners for the prize that is the object of this promotion will proceed. The random selection of the corresponding winners will be carried out in the presence of a Public Notary and a witness, and a Notarial Deed will be drawn up certifying the holding of the raffle, as well as the six Alternate Winners of the same. To enjoy the right to the prize as a Winner, the Organizer will verify all the data from the survey sent by the winner through their identity card and ensure they comply with all the requirements of the Regulation.
At the time of the raffle, the data of Participants who do not comply with one or some of the requirements indicated in this regulation will be discarded. Likewise, if the data consigned is not clear and does not allow the Participant to be identified. The raffle will be carried out in front of an EPA Representative, a Witness, and a Public Notary, who will draw up the respective notarial deed of the raffle.
Article B4: Conditions for participation.
The customer and/or Participant must acquire any one of the heaters participating in the promotion detailed in ANNEX A in any EPA Store, request their coupon, enter the website https://icr-cupones.firebaseapp.com or use the QR code (present on the promotional material in the stores) and complete the corresponding data with all the required information.
They may participate as many times as the Participant decides, provided they acquire and buy one of the heaters detailed in Annex A of this regulation in accordance with the conditions indicated. However, the Participant who returns the purchased product will be excluded and will no longer be participating in the Raffle.
Article B5: Those customers who do not comply with one or some of the requirements, as well as the conditions 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: The Participant favored with the Prize in accordance with Article B3 of this Regulation will be given the corresponding “prize,” as established in the Regulation, once they are selected randomly from the winners corresponding to the raffle. It is stated that the Prize cannot be assigned and must be claimed during the period established in this Regulation.
In the event that the Prize has been accepted, but for any circumstance they refuse to receive it or to 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 same to the Alternate Winners will proceed, as appropriate.
Article B7: In order to be able 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 disclosure 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 this Regulation and cannot refuse the disclosure of their information and image rights.
In this sense, it is accepted that, during the delivery of 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 solely for commercial and promotional purposes.
Article C2: 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 any prior notice other than that which is published in the communication and advertising media that the Sponsor deems convenient, or in its Customer Service offices.
Article C3: The Sponsor’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 misconduct that may occur through 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 established periods according to what is indicated in this Regulation, it will be taken as a voluntary waiver of their right to claim the Prize. The selected Participant will not have the 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 alternate winners as appropriate. Likewise, in special cases that warrant it, at the Sponsor’s decision, a Notarial Deed will be drawn up regarding these circumstances to certify any fact beyond what is foreseen in this Regulation.
Article C5: Upon being the winner of the Prize indicated in this Regulation and for whatever reason, whether they do not comply with the restrictions and conditions regulated herein, or by their own will do not accept the Prize, they may not claim any indemnity amount or a consolation prize from the Organizer in any way. 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 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, 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 Prize to the Participant favored in the draw, so the organizer is responsible only for the delivery of the prize indicated according to these Rules. EPA will not be responsible for damages to the Prize after delivery.
The winner of the prize will be solely responsible for its use and enjoyment.
The Organizer will not be responsible for any unauthorized human intervention by third parties in computer systems or similar that alter
the development of the promotion, and in the event that 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 deception, fraud or falsification, and unauthorized manipulation that hinder the normal performance of the Promotion and actions that, in the judgment 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. By providing their data, participants authorize 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 other than that arising from normal trade traffic. 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 which the law empowers the Organizer to request will be used. By the mere fact of participating, participants accept and consent that the data relating to their names, photographs, and personal emails 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 to 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 will 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 that they have been informed of the conditions regarding personal data protection described above, accepting and consenting to the automated processing of such data by the Organizer, in the manner and for the purposes indicated in this section.
For more information or queries regarding these Rules, Participants may send a private message to the EPA Costa Rica Facebook profile, or consult it directly at the Customer Service center of EPA Stores. These Rules 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.
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ANNEXES:
ANNEX A. DETAILS OF PARTICIPATING ITEMS.
Sponsor codes and corresponding coupons for each item.
CODE
COUPONS
DESCRIPTION
2440036
1
DH100 10KW AQUAPOWER HEATER
2440035
1
DH80 8.5KW AQUAPOWER HEATER
2440003
2
DHC 10KW INSTANT STIEBEL HEATER
2440001
3
15KW TEMPRA PLUS ELECTRIC HEATER
2440005
3
20KW TEMPRA PLUS ELECTRIC HEATER
2427099
3
PSH150 40 GALLON ACCUMULATION TANK
2440025
2
DHC-E12kw STIEBEL ELECTRIC HEATER
2443049
1
IS5-1E SHOWER W/HEATER 110V 5KW STIEBEL
2443043
1
IS7-2E SHOWER W/HEATER 240V 7.1KW STIEBEL