"Free shipping for pick-up in Liberia" 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 S.A., corporate identity number 3-101-354271, which will 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 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 the Participant's acceptance to know and respect these rules and procedures, which shall be definitive regarding the Promotion, and 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 S.A.

By virtue of the above, by the mere fact of participating in the Promotion, Participants unconditionally accept all the rules of this Regulation, 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 and regulation, as well as the provisions of this Regulation. The Organizer reserves the right to disqualify and/or demand the return of 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 named “FREE TRANSPORTATION PROMOTION FOR PICKUP IN LIBERIA” (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 March 7, 2019, and ending at 23:59 hours on December 31, 2019.

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 up-to-date personal identification document, duly recognized by the Government of the Republic of Costa Rica.

Article A4: The Promotion is aimed at Final Consumers of Ferretería EPA S.A. Therefore, manufacturers, distributors, resellers, and other persons considered as such may not participate in this Promotion.

The Organizer reserves the right to disqualify from the Promotion or 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 intention 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 exceeds what is significantly reasonable and expected of an average contestant (6 times per day) 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 terms starting with a capital letter 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.

1. “Customer or Participant” means any natural person who participates in the Promotion with the limitations of Articles A3 and A4 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) 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, so it may not be used for commercial or advertising purposes.

4. Prize: In this promotion, the benefit and/or prize shall consist of free and/or included transportation for the purchase of products offered through the epaenlinea.com platform, with the delivery destination being the Solarium pickup point, Liberia. See exact address in Article B3.

5. Prize Generalities: The promotional benefit is applicable only when generating a purchase directed to a registered address in the province of Guanacaste and selecting the pickup method at the Solarium pickup point, Liberia. It excludes purchases whose weight exceeds 80 kilograms and excludes the purchase of nursery or construction category products.

Article A6: For further information or questions regarding this Regulation, you may call 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 purpose of communicating this Regulation, promotional material will establish the following legend: "Exclusive promotion of Epaenlinea.com. Valid from 07/03/19 to 31/05/19. Conditions apply. See the 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. 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, 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, Participants who wish to obtain the prize shall do so as follows:

For each purchase made exclusively on epaenlinea.com, in which it is documented that the dispatch method is to be through home delivery, provided that the delivery area is a registered address in the province of Guanacaste, and upon meeting the aforementioned requirements, the customer may select, before finalizing their purchase, the method of picking up at the Solarium pickup point, Liberia, which will have a cost of zero (0) colones.

It is placed on record and therefore informed that all transportations will be carried out only on Fridays during the validity of the promotion, with the dispatch process being as follows:

Delivery schedules are set on Tuesdays; sales made before Tuesday at 23:59 hours will be dispatched to the Solarium pickup point, Liberia, for the customer to pick up on the Friday of that same week; otherwise, it will be sent for the following Friday, provided that the store has physical inventory.

It only applies to one (1) trip per invoice, so the customer must coordinate the dispatch to the pickup point for each invoice or purchase made.

The customer must provide all necessary information: name of the person picking up, ID number, telephone number, and a registered address in Guanacaste to be able to enjoy the benefit.

The customer must present themselves or send a person to pick up with the purchase order generated by the page. Deliveries will be made starting Friday after 12:00 p.m., depending on the day the purchase was made. The hours of operation for Solarium, Liberia will be Monday to Friday from 10 am to 6 pm and Saturday from 10 am to 3 pm.

The customer must sign a document of conformity with the material delivered once the merchandise arrives, being satisfied with the dispatch.

Any discrepancy detected for which a warranty is desired to be applied must be presented at the Solarium pickup point, Liberia, where the purchase was picked up, with the product in perfect condition and the original invoice.

At all times, the customer must keep the purchase invoice of the product and the materials required to be able to apply a warranty.

In case of applying a warranty, it would take approximately 7 business days once the corresponding documents are presented for the replacement of the product; this is subject to the stock available in the store.

The exact address of the pickup point for the purchased products will be:

Solarium Condominium, in front of the Daniel Oduber Quirós airport, unit E-2.

Article B4: Conditions to participate.

• The customer must go to the digital portal epaenlinea.com, make the purchase that complies with the validity of the promotion, and coordinate the dispatch through the pickup method specified in Article B3 of this regulation or provided that the sum of the weight of the acquired products does not exceed 80 kilograms.
• Present the receipt of their original purchase invoice at the time of receiving the merchandise to participate and obtain the promotional benefit, provided they meet the mentioned requirements.
• The promoter of epaenlinea.com will verify that: The invoice meets the minimum requirement needed to participate. That the date of purchase indicated on the invoice corresponds to the validity period of the Promotion.
• It is placed on record that any participant who returns the products acquired via the purchase invoice with which they completed the requirements to obtain the prize will be excluded from being a beneficiary of the prize. The foregoing will be verified at the time of checking the invoice number in the system.
• The participant must provide a clear and precise address of the delivery site and commits to having a person over 18 years old to receive the acquired products. In the event that the address provided is inaccurate and/or at the time of delivery there is no person to receive the products, Epa may not deliver them, and if the customer requests a new delivery, charge for it at the regular price.

Article B5: Those customers who do not meet one or some of the requirements 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: Each person favored with a prize according to Article B3 of this Regulation will be given the corresponding “prize” as established in the Regulation instantly once the invoice is delivered in compliance with all requirements; the prize does not possess any warranty regarding quality or durability because it is a promotional item, the prize cannot be transferred and cannot be exchanged for cash.

Each Winner of the promotional benefit must coordinate the transportation prior to the delivery of the merchandise. If they fail to do so, they will lose the right to it and will not be able to claim the loss of said prize from Ferretería EPA S.A.

In case of having accepted a prize, 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 Act may be drawn up for these circumstances 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, 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 of activities subsequent to the Promotion, such as the delivery and receipt of the prizes, without implying additional remuneration or compensation, or claims for image rights, so that by participating, they adhere to the regulations of this Regulation and cannot refuse the disclosure of their information and image rights.

SECTION C. RESTRICTIONS AND LIMITATION OF LIABILITY:

Article C1: This promotion includes the purchase of products that are available for purchase on the digital portal epaenlinea.com. Except for those in the nursery or construction categories.

Article C2: The illustrations and/or photographs used in the publications of this Promotion are only for commercial purposes; however, the items that correspond to the prize correspond to reality and the characteristics 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 or convenience reasons, 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 what is published in the media and advertising that the Sponsor deems convenient, or in its Customer Service offices.

Article C4: The Sponsor's liability ends with the delivery of the prizes described in Article B4 and 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 of any of the prizes or promotional products.

Article C5: In the event that someone is a Winner and for any reason, whether they do not comply with the restrictions and conditions regulated herein, or by their own will do not accept the Prize, they cannot claim any indemnification sum or a consolation prize from the Organizer.

• The Promotion and the Participants are subject to the requirements, conditions, and restrictions of this Regulation.
• In the face of any situation of a fortuitous event or force majeure, Ferretería Epa S.A. may suspend the Promotion totally or partially, without generating any liability for said suspension.
• Ferretería EPA S.A. will not be responsible for the collateral expenses that the Participant implies in carrying out the proceedings 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 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 winner of the prize will be solely responsible for the use and enjoyment they give to it.
• The Organizer will not be responsible for eventual unauthorized human interventions by third parties in the computer systems or similar that alter 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 definitively in case of proven existence of allocation 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 deception, fraud, or falsification, and 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 will belong to the Organizer and/or Co-organizer. By providing their data, participants authorize the Organizers to access said information and include it 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 for any commercial purpose not prohibited by law.
• Relationship between the parties: No provision in this Promotion shall be interpreted as creating a relationship between the parties other than that arising from the normal course of business. No participant in the Promotion, by the mere fact of participating, acquires the status of employee, representative, or agent of the Organizing company. Upon fulfillment of the obligations established in these Rules, the relationship between the parties shall terminate 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. By the mere act of participating, participants accept and consent to their names, photographs, and personal emails associated with their Facebook social network profiles or provided at any time during the Promotion being used by the Organizer.
• Regarding the right to informational self-determination of individuals, the Organizer informs all Promotion participants of the existence of a database where personal data requested in this Promotion will be collected.
• The information contained in the database 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 relevant. 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 said data 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 consult them 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 Customer Service in-store for the duration of this promotion.