"Avianca Ticket" Promotion Regulations – January/February 2024

This Regulation (hereinafter the “Regulation”) aims to establish, define, and limit the terms and conditions of the promotion to be carried out and organized by FERRETERÍA EPA S.A., corporate tax ID 3-101-354271, who shall 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 the Participants (see definition of Participant below) who voluntarily and in compliance with these provisions decide to participate in the Promotion held by EPA. Participation in the Promotion implies that the Participant accepts to know and respect these rules and procedures, which are 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 act of participating in the Promotion, the 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 Organizer’s decisions on any matter related to the Promotion.

The awarding of any of the prizes will be conditional upon compliance with each and every one of the applicable laws and regulations, 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 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 “Avianca Ticket Promotion,” 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 7:00 AM on January 4, 2024, and ending at 9:00 PM on February 26, 2024.

Article A3: Participation in this Promotion is open to all natural persons who wish to do so, provided they are of legal age and possess a valid, up-to-date identification document duly recognized by the Government of the Republic of Costa Rica. Having said this, corporate clients, promoters, suppliers, or employees of Ferretería EPA, as well as those related to them up to the third degree of consanguinity, are not eligible to participate.

Article A4: The Promotion is directed at natural persons who are end consumers of Ferretería EPA S.A.

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 or distributing them, 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 deadline expires.

The organizer reserves the right to request the return of the prize awarded in this promotion in the event that the customer makes a purchase and subsequently returns any of the participating items in this promotion described in "Annex A."

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.

1. “Customer or Participant” means any of the natural persons who participate in the Promotion, subject to the limitations of Articles A3 and A4 of this Regulation.
2. “Points of Sale” means purchases made through Ferretería EPA’s sales channels, i.e., physical stores (Belén, Curridabat, Desamparados, Escazú, and Tibás) and epaenlinea.com.
3. Prize: In this promotion, there is one (1) type of prize described below:

One airline ticket with Avianca to any destination in the Americas for one person. Additionally, the prize includes one checked bag of 23 kg, one carry-on bag of 10 kg, and one personal item.

Applicable routes: Colombia, Mexico City, El Salvador, Honduras, Guatemala, Nicaragua, Los Angeles, New York, Miami, Houston, San Francisco, Santiago de Chile, Toronto, Quito, and Caracas; for the latter destination, travel must be completed before March 1, 2024.

Connecting flights are applicable, but overnight stays during connections are not permitted.

The winner must assume the government taxes, departure, and arrival fees required by each destination; this charge is paid upon ticket issuance and may vary depending on the destination.

Not included: travel insurance, taxes, lodging, tours, transportation, car rentals, food, or any activity in the destination country.

The ticket cannot be redeemed during peak seasons (Easter, July 15 to August 15, and December 1 to January 15).

Article A6: For more information or inquiries 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 on epaenlinea.com during the validity of this promotion.

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 by Ferretería EPA customer service advisors if necessary.

Any violation of this Regulation and/or the procedures, mechanics, and systems of applying 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 voluntarily participating in the Promotion may do so in the manner described in Article B3.

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 at the points of sale mentioned in Article A5, point 2, which includes at least one item from Category 06 Line 70 or Line 75 (pools) on the purchase invoice, the customer has the option to participate, provided they comply with the following:

The customer wishing to participate in the promotion must register their personal data at the time of invoicing (full name, ID number, email, and phone number) to be contacted if they win. If the customer refuses to provide any of the mentioned data, they will be automatically disqualified from participating in the Promotion drawing.

Article B4: Conditions for participation.

• The customer must purchase at least one item from Category 06 Line 70 or Line 75 (pools).
• The customer must register their personal data at the time of invoicing (full name, ID number, email, and phone number).
• Invoices without the customer’s personal data will not participate.

Article B5: Drawing procedure and prize collection.

Once the promotion has ended, information will be collected from participants who meet the mentioned requirements and participated during the promotion period.

The winner and the alternate winner of the prize indicated in this Regulation will be selected from all those who have participated. The random drawing will take place on Wednesday, February 28, 2024, at the central offices of Ferretería EPA, and will be conducted by those in charge of the Marketing Department (Promotions). A record/Affidavit shall be drawn up before 2 witnesses with the name of the winning participant and their respective alternate; a total of 1 alternate will be selected. This information may also be presented before a Notary Public so that they may attest to compliance with the requirements and the Promotion process by drawing up a Notarial Act in accordance with this Regulation. The organizer reserves the right to change the mentioned date of the drawing for convenience, provided it does not alter the chances of being favored for any of the participants.

Next, the correct participation of the selected winner will be verified. In case they do not comply, the selection will be discarded, and the alternate will be verified. In the event that the participation meets all requirements, the winner will be contacted by phone call within a maximum period of three (3) business days. If the selected person cannot be reached after a maximum of 3 call attempts during this period, they will lose the right to the prize, and the corresponding alternate winner will be contacted. Once the winner of the promotion is confirmed, the winner will be announced.

The winner will be announced starting from Friday, March 8, 2024, provided that all the aforementioned conditions in this article have 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 on the “EPA Costa Rica” Facebook page via a post on the wall.

After the aforementioned Drawing has been held and the respective favored person and/or winner of the prize has been identified, and once the winner has been contacted following the procedure by an EPA representative, they will be informed of the place, date, and time for the delivery and collection of the corresponding Prize. In this sense, the winner must sign a receipt for their prize, as well as a liability release document for Ferretería EPA S.A., where all the limitations and conditions granted by the Prize will be stated, 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 expenses generated by the collection of the Prize, such as transportation or associated costs in the event they do not have 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 selected, and verification and prize delivery will proceed taking into account the specifications of this Regulation.

The winner must collect the prize certificate within a maximum of 5 business days after being contacted in order to coordinate the redemption of the prize before Sunday, March 31, 2024; the winner must sign this certificate and send it to the Avianca representative’s email for the respective prize processing.

Failure to do so will result in the winner losing the right to the prize, and they may not claim damages and/or losses from Ferretería EPA S.A. resulting from the loss of the Prize.

By participating in the promotion and, if selected as the winner, the 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 reason 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 may be drawn up regarding these circumstances at the Organizer’s discretion. The awarding of any of the prizes will be conditional upon compliance with each and every one of the applicable laws and regulations, as well as compliance with the provisions of this Regulation. The organizer reserves the right to disqualify and/or demand the return of the prizes granted to those participants who directly or indirectly breach 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 responsibility, exonerating themselves from the obligation to allow participation and the delivery of a prize or benefit.

Article B6: Customers who do not meet any or all of the requirements indicated in this regulation will be excluded as participants. Likewise, if the data provided is not clear and does not allow the Participant to be identified.

SECTION C. RESTRICTIONS AND LIMITATION OF LIABILITY:

Article C1: This promotion includes the purchase of all codes in Category 06 Line 70 or Line 75 (pools) that are available for purchase at the points of sale mentioned in Article A5, point 2, provided the invoice meets the requirements mentioned in this regulation.

Article C2: The illustrations and/or photographs used in the publications of this Promotion are for commercial purposes only; however, the prize corresponds to the reality and characteristics thereof specified in Article A5, point 3.

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 that which is published in the media and advertising that the Sponsor deems convenient, or at its Customer Service offices.

Article C4: The Sponsor’s liability ends with the delivery of the prizes described in Articles B3, B4, and B5, 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 of the prize.

Article C5: If the selected winner does not appear to collect their prize within the period mentioned in this regulation, it will be considered 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 Sponsor’s decision, a Notarial Act will be drawn up regarding these circumstances to attest to any fact beyond what is foreseen in this Regulation.

Article C6: In the event that you are the Winner and for any reason—whether you do not comply with the restrictions and conditions regulated herein, or you choose not to accept the Prize of your own volition—you 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 this Regulation.
• In 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 involved for the Participant in carrying out the procedures to make this Promotion effective. These collateral expenses refer to: cost of calls, 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 the benefits thereof have been applied through deception, 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.
• Ferretería Epa S.A.’s liability ends with the delivery of the Prize corresponding to the favored Participant, so the organizer is responsible only for the delivery of the prize indicated in this Regulation.
• The prize winner shall be solely responsible for the use and enjoyment of the same.
• The Organizer shall not be liable for any unauthorized human intervention by third parties in the computer systems or similar that may alter 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 that fraudulent allocation or claiming of prizes is verified, as well as in cases of technical failure or any other event beyond the reasonable control of the Organizers. The alteration of documents and information regarding Participants, as well as deceit, fraud, forgery, 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 through the means provided by law.
• Personal information: All information provided by participants shall 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 should the Organizer see fit, and further authorize the use of said database to send commercial information from the Organizing Company or third parties, as well as for 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. Upon fulfillment of the obligations established in these Rules, the relationship between the parties shall end in its entirety.
• Participants acknowledge that the Organizer will not collect or process sensitive personal data. The data requested from the participant and which the law authorizes the Organizer to request shall be used.
• Regarding respect for the right to informational self-determination that assists individuals, 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 latter is authorized to transfer said 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 an email to the address promociones@cr.epa.biz These Rules will be available in their entirety for the knowledge and information of the general public and consumers in the current rules section of Epaenlinea.com during the validity of this promotion.

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ANNEXES

ANNEX A:

Participating Codes

ARTICLE	DESCRIPTION
670000	POWER STEEL POOL 549X274X122CM, PUMP, FILTER, LADDER
670011	STEEL PRO POOL 300X201X66CM, PUMP, FILTER
670013	STEEL PRO MAX POOL 366X76CM, PUMP, FILTER
670016	STEEL PRO MAX POOL 457X122CM, PUMP, FILTER, LADDER
670073	STRUCTURAL POOL 4MX2MX0.8M
670077	STEEL PRO UV POOL 244X51CM, PROTECTIVE CANOPY
670079	POWER STEEL POOL 424X250X100CM, PUMP, FILTER, LADDER
670082	STEEL PRO ZEBRA POOL 305X66CM
670086	POWER STEEL POOL 404X201X100CM
670087	RATTAN-STYLE STRUCTURAL POOL 3.66M X 1M
670090	ROUND STRUCTURAL POOL 366X122CM
670092	STEEL PRO POOL 300X201X66CM
670093	STEEL PRO MAX POOL 305X76CM, PUMP, FILTER
670095	STEEL PRO POOL 400X211X81CM, PUMP AND FILTER
670097	STEEL PRO POOL 221X150X43CM
670098	RECTANGULAR STRUCTURAL POOL 228X159X42CM
670099	ROUND STRUCTURAL POOL 305X76CM
675000	FAST SET POOL 305X76CM
675001	FAST SET POOL 366X76CM
675002	FAST SET POOL 244X66CM
675010	SPACESHIP INFLATABLE POOL 157X41CM
675023	BIG LAGOON INFLATABLE POOL 260X157X45CM
675029	CHILD'S DOUBLE RING INFLATABLE SEAT
675041	FAMILY INFLATABLE POOL 262X175X51CM
675043	INFLATABLE POOL 201X150X51CM
675044	OCTOPUS SPRINKLER POOL 274X76CM
675045	SALUSPA CANCUN 180X66CM, 2-4P, PUMP, COVER
675049	INFANT INFLATABLE POOL 3 RINGS 102X25CM
675055	SALUSPA HAWAI 180X180X71CM, 4-6P, PUMP, COVER
675057	SPA DRINK HOLDER TRAY
675058	SPA PILLOW
675059	FAMILY INFLATABLE POOL 211X132X46CM
675060	INFLATABLE POOL 3 RINGS 201X53CM
675061	FAST SET POOL 305X76CM, PUMP AND FILTER
675064	SALUSPA IBIZA 180X66CM. 6P. PUMP. COVER
675065	SALUSPA FIJI 180X66CM. 4P. PUMP. COVER
675066	INFLATABLE SPA GRENADA 236X71CM HYDROMASSAGE