clubhappy Program Rules and Conditions
Membership in the clubhappy program (or the “Program”) is open to individual U.S. residents of the 50 States, who are at least 16 years of age, who provide and maintain a valid e-mail address. By joining the Program, you represent that you are at least 16 years of age or older. If you are between 16 and the age of majority (as determined by your state law), you agree that you have obtained permission from your parent or legal guardian to be a member of the Program. Members acknowledge that from time to time, they may be required to provide proof of eligibility in the Program by photo ID, or similar. Resellers are not eligible to participate in the Program.
Gabe’s in its sole discretion reserves the right to confirm eligibility. Registrations determined to be incomplete, reproduced, falsified, altered, or tampered with in any way will be terminated. Participation in the Program constitutes a member’s full and unconditional agreement with these Rules, which are final and binding in all matters related to the Program. Any registration submitted with an invalid mail or email address will be terminated. Each member must register on his/her own behalf. Any registration submitted on behalf of another individual or using another person’s telephone number or email address will be terminated. No mechanically reproduced or automated entries permitted.
There are 2 ways to enroll in the clubhappy Program, and best of all, membership is free!
The first way to enroll is to visit a Gabe’s® or Rugged Wearhouse® store (collectively “Gabe’s”):
- Tell your cashier at checkout that you would like to enroll in the clubhappy Program, give them your email address, and the cashier will provide you with your membership card.
The second way to enroll is to visit us online:
- Go to www.mygabes.com
- Go to the clubhappy page at the top of the site and then click on the button “Click Here To Enroll”. You will need to complete the form, accept the terms and conditions of the Program, and enter your email address.
- Your membership card will be mailed to you within 7-10 business days, and you will start receiving points for your purchases.
You will start earning points whenever you present your clubhappy membership card (or email address) for eligible purchases at Gabe’s.
Your clubhappy rewards are awarded based on how much you spend in a Gabe’s store within a three-month calendar quarter.
- For each dollar you spend, you will earn 1 reward point.
- For every 50 points you accumulate during a three-month calendar quarter, you will earn a $5.00 off clubhappy reward that can be applied towards a future purchase, provided it meets the minimum purchase requirement stated on the clubhappy reward.
- Points earned will expire at the end of each three-month calendar quarter (March 31, June 30, September 30 and December 31). You start the first of every quarter with zero points. (January 1, April 1, July 1 and October 1).
In all cases:
- An individual purchase can only be applied once towards earning points.
- You may redeem one (1) reward per minimum purchase as stated on the clubhappy Reward.
- There is no limit to the number of points you can earn per day or per quarter.
- clubhappy reward must be used within thirty (30) days of their issue date or they will expire and no longer be valid.
You must identify yourself as a member of the clubhappy Program at the point of sale for you to receive points for your purchase. Points are based on dollars spent on qualifying purchases. All merchandise purchases qualify under the Program. Sales tax and Gift Card sales do not qualify for points under the clubhappy Program. Points will post to your clubhappy account instantly, but no later than within 24 hours of your purchase date. If an item is returned, points will be deducted from your clubhappy membership equal to the amount of points earned for the applicable amount of that purchase. Points will be earned by only one clubhappy membership per transaction. Membership cards, points, and rewards have no cash value. You cannot give or transfer your membership, membership card, points or rewards to anyone else. Other restrictions or exclusions may apply. Points earned for the current purchase and for all points accumulated for the quarter are printed at the bottom of your transaction receipt. On the first day of every calendar quarter, your point total will start at zero. (January 1, April 1, July 1 and October 1).
CLUBHAPPY REWARDS (“Rewards”)
Every point earned in the Program is applicable towards Rewards. Rewards are discounts off future purchases at Gabe’s retail store locations, and may only be redeemed for a discount off minimum purchase amounts as stated on the receipt.
Rewards will print out on the register receipt for the transaction in which you earn the reward. In addition, a follow-up email is sent to the email address we have on file to provide you with the option of printing your reward for later redemption. To redeem your clubhappy Reward, on a future purchase you will present your Reward to the cashier, who will then have you verify your membership by, for example, presenting your membership card, presenting valid identification, or by verifying your telephone number or e-mail address.
Rewards are non-transferable and may only be used by the member to whom it was issued. Rewards may not be used in conjunction with other discounts or promotional offers toward the purchase of products (with the exception of clearance items), pursuant to the minimum purchase amount stated on the receipt. Unless noted otherwise on the Reward receipt, each Reward will expire thirty (30) days from the issuance date. Rewards have no cash value. Rewards may be used only once. Rewards expire at 11:59 pm Eastern Time on the expiration date shown on the Reward receipt.
RECOVERY OF POINTS
If at the time of purchase, you do not have your membership card, you will need to provide your phone number or email address to the cashier to receive credit for your purchase. If you make a purchase and did not provide your clubhappy membership card at the time of purchase, you may request a recovery of points within 30 days of the purchase by calling customer service at 1(800)458-6546. You must have your receipt, or no points will be recovered.
clubhappy points will be earned on qualifying merchandise purchased at Gabe’s. Points will NOT be earned on Gabe’s Gift Card purchases, but purchases made with Gabe’s Gift Cards are eligible to earn points under the Program. Rewards and other discounts issued through this Program may not be applied toward: i) the purchase of Gabe’s Gift Cards, ii) prior purchases, iii) purchases made for resale, and iv) sales tax. Other exclusions may apply.
Members who have no qualifying point activity during any continuous 12-month period will automatically have their membership expire on the last day of the 12th month of membership inactivity. Memberships may be canceled at any time by notifying customer service by e-mail at firstname.lastname@example.org or by phone 1(800)458-6546. If your membership expires, is canceled or otherwise terminated for reasons other than a member’s misconduct or malfeasance, you will receive any rewards you may be eligible for, with any remaining points forfeited.
In situations involving misuse of the Program, we specifically reserve the right to freeze or terminate any memberships or related memberships and stop future redemption of rewards issued from those accounts. Gabe’s reserves the right to terminate your membership for any reason or no reason, its sole discretion. If at any time your point balance becomes negative, we may immediately cancel or reverse any or all outstanding points and rewards issued from your account.
Resellers are specifically excluded from the Program. If in the sole discretion of Gabe’s it is determined that you purchase items for resale, we reserve the right to: (i) not award points, (ii) deduct improperly awarded points, (iii) invalidate any improperly issued rewards, (iv) terminate a membership, and (v) decline to open any future clubhappy memberships for people associated with such activity.
Gabe’s may, at any time, modify the Program Rules & Conditions by posting the modified Rules at www.mygabes.com. The current set of posted Rules & Conditions shall apply retroactively to all participants in the Program, regardless of when they sign up or begin participating in the Program.
For information about your membership, you may contact customer service via the following methods:
Gabriel Brothers, Inc.
55 Scott Avenue
Morgantown, WV 26508
Gabe’s is not responsible for errors in the Program. By participating in the Program, members agree to release and hold harmless Gabe’s and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability for loss, harm, or damage which may occur in connection with preparation for, or participation in, the Program, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy. Members acknowledge that Gabe’s has made no warranties, representations or guarantees, express or implied, in fact or in law in relation to this Program.
All issues or questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of members or Gabe’s in connection with the Program, are governed by the laws and regulations of the State of West Virginia, without giving effect to any West Virginia choice of law or conflicts of law rules. You agree that if you have a dispute with Gabe’s about the Program, you will try to resolve the dispute through negotiation with Gabe’s. If agreement cannot be reached after negotiation, you agree to seek resolution through binding arbitration in the State of West Virginia. By entering the Program, all participants consent to the jurisdiction of the State of West Virginia. The Program is subject to all applicable federal, state and local laws and regulations.
If for any reason, the Program is not capable of running as planned, due to infection by computer virus, malware, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Gabe’s, which corrupts or affects the administration, security, integrity or proper conduct of the Program, Gabe’s reserves the right, at its sole discretion, to disqualify any individual who tampers with the registration or point accumulation process (as applicable), and/or to cancel, terminate, modify or suspend the Program in whole or in part, at any time, without notice and to void all points and rewards. Points are not your property. You acknowledge and agree that you have no ownership rights in points or your clubhappy membership. Gabe’s assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, registrations. Gabe’s is not responsible for any problems with or technical malfunction of any telephone network or telephone lines, on-line systems, servers, or providers. Sponsor disclaims all liability for the inability of an individual to complete or continue a registration due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Gabe’s control, or otherwise. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GABE’S RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE EXTENT PERMITTED BY LAW.
Gabriel Brothers, Inc., is responsible for this Program. All questions, comments, and concerns with regard to the Program should be directed to Gabriel Brothers, Inc., 55 Scott Avenue Morgantown, WV 26508, ATTENTION: clubhappy or by email@example.com or 1-800-458-6546. Gabe’s®, Gabriel Brothers®, the Gabriel Brothers, Inc. logos, Gabe’s logos, clubhappy, and other logos and associated phrases are the intellectual property of Gabriel Brothers, Inc. This Program is void where and to the extent prohibited by law. Taxes may apply where required by law. THE TERMS AND CONDITIONS OF THE clubhappy PROGRAM AND THESE RULES ARE SUBJECT TO CHANGE WITHOUT ADVANCE NOTICE AND SHALL APPLY RETROACTIVELY TO ALL PARTICIPANTS. Membership Cards are the property of Gabriel Brothers, Inc. All rights reserved. If your membership card is lost or stolen, please call customer service at 1-800-458-6546.