Click here to enter on Facebook, or use hashtag #MyGabesFind on Instagram or Twitter! Our judges want to know what you love about the style, the brand name of your item, the amazing price you scored and how much you saved!
**NO PURCHASE NECESSARY TO ENTER OR WIN**
** A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING**
** ODDS OF WINNING DEPENDENT UPON ELIGIBLE ENTRIES RECEIVED**
**VOID WHERE PROHIBITED BY LAW**
- Participation in the Gabe’s unbelievable!® Finds Photo Contest Summer 2017 (the “Contest”) constitutes entrant’s full and unconditional agreement with these Official Rules, which are final and binding in all matters related to the Contest.
- Eligibility:This Contest is open to legal residents eighteen (18) years of age or older at the time of entry, of the states in which Gabe’s has a retail store: Delaware, Kentucky, Maryland, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, Indiana, West Virginia and District of Columbia (“Eligibility Area”). VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Employees, officers, directors, agents and representatives of Gabriel Brothers, Inc. (“Sponsor”), Woobox, their parent, subsidiaries, affiliates, advertising/promotion/fulfillment agencies and anyone else connected with the production and distribution of this Contest (hereafter “Released Parties”) and their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) and those living in their same household, whether or not related, are not eligible to enter or win.
- Sponsor in its sole discretion reserves the right to confirm eligibility. Entries determined to be incomplete, illegal, inappropriate, illegible, reproduced, falsified, altered, or tampered with in any way will be declared void and ineligible. Each participant must submit entry on his/her own behalf. Any entries submitted on behalf of another individual or using another person’s account will be disqualified and ineligible to claim prize.
- Contest Period: The Contest period starts on April 28, 2017 at 12:00 AM Eastern Standard Time (“EST”) and ends July20, 2017 at 11:59 PM EST (the “Contest Period”). The Contest will be divided into twelve (12) weekly entry periods (each a “Weekly Entry Period”). Each Weekly Entry Period will begin Friday at 12:00:00 AM EST and end Thursday at 11:59:59 PM EST each week throughout the Contest Period. Sponsor’s computer is the official timekeeper for the Contest.
- Prize: Twelve (12) prizes (each a “Prize”)will be given away during the Contest Period. Each of the twelve (12) weekly prize winners will receive one (1) $100.00 Gabe’s gift card for a total of twelve (12) winners during the Contest Period. The approximate retail value (“ARV”) of each Prize is $100. The aggregate ARV of all Prizes is $1,200. Gift cards are subject to the terms and conditions printed thereon and imposed by issuer. The winner is solely and individually responsible for all applicable Federal, State, and local taxes associated with the receipt of any Prize. Prize award is non-transferable and no cash redemption or prize substitution is allowed, except at Sponsor’s sole discretion or as provided herein. Sponsor in its sole discretion reserves the right to substitute any Prize for another of the same or greater estimated retail value. The decisions of the Sponsor shall be final in all respects relating to this Contest. Prizes may not be sold, bartered, or exchanged by winners. All details of any prize not specified herein shall be determined solely by Sponsor. With limited exceptions, the Prize will be fulfilled within 6-8 weeks following the end of the Contest Period. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, stolen, or unsuccessful efforts to deliver Prizes.
- Limit one (1) Prize per person, Facebook account, Instagram account, Twitter account, email address, family and/ or household for the duration of the Contest Period. Odds of winning vary based on the number of eligible entries received.
- How to Enter: NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF-OF-PURCHASE IS NECESSARY TO PARTICIPATE. During the Contest Period, you can enter the Contest by one or all of the following methods of entry:
- Via Facebook: To enter via Facebook, access the “Photo Contest” tab on Gabe’s Brand Page on Facebook located at https://www.facebook.com/GabesUnbelievable (the “Facebook Site”) and follow the instructions to complete the entry form and upload your Submission to the Facebook Site. Your Submission must include a Photo Caption in addition to completing the entry form. You must complete and submit the entry form as instructed to be eligible. Once you complete the entry form and upload your Submission, you will be entered into the applicable Weekly Entry Period.
- Via Twitter: To enter via Twitter, tweet a photo that complies with the Submission Requirements mentioned herein these Official Rules with the hashtag #MyGabesFind (the “Twitter Hashtag”) and mention @MyGabes. If entering by Twitter, you must keep your profile public during the Contest Period and you must also be following the Sponsor’s Twitter feed @MyGabes. Use of the Twitter Hashtag constitutes your unconditional acceptance of these Official Rules. All tweets must contain a Photo Caption. The Twitter Hashtag must be included with Submission in order to be eligible for entry. Once you tweet your Submission to the Twitter Hashtag you will be entered into the applicable Weekly Entry Period.
- Via Alternate Method Of Entry(“AMOE”): Customers who are unable to enter the Contest via the above methods may still enter the Contest. To participate via AMOE, email your name, physical address (no P.O. Boxes), phone number (cell phone or home phone) and email address to GabesPhotoContest@gmail.com. Email message must contain your caption and photo according to the Submission Requirements. Once you complete the email and send your entry, you will be manually entered into the applicable Weekly Entry Period.
- All elements (i.e., Photo, entry form, personal information, Hashtag #MyGabesFind, Photo Caption, and/or description) of your entry (regardless of method of entry) are collectively referred to herein as the “Submission” or “Entry”. Once you enter your Submission, your entry is considered final and may not be modified. Only Submissions entered via any of the aforementioned methods of entry will be accepted.
- By entering your Submission, you acknowledge and agree that Sponsor may receive many Submissions in this Contest and that such other Submissions may be similar or identical in theme, idea, format or other respects to your Submission and you waive any and all claims you may have had, may have, and/or may have in the future that any Submission (including but not limited to: any caption, photograph and/or ideas) accepted, reviewed and/or used by the Sponsor, the Judges, their affiliates, or their respective officers, directors, employees and agents may be similar to or the same as your Entry. Contestants acknowledge and agree that the Sponsor, Judges, their affiliates, and their respective officers, directors, employees and agents do not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the non-infringement or protection of any copyright, trademark, patent, or any other claimed right or interest in and to Contestant’s Submission. By entering a Submission, each Contestant agrees that he or she has no right to bring (and covenants not to bring) any claim, action, or proceeding of any kind or nature whatsoever relating to the Contest or the Submission against the Sponsor, the Judges, their affiliates, and their respective officers, directors, employees and agents, and any individual or company involved in the development or execution of this Contest.
- SUBMISSION REQUIREMENTS: Regardless of the method of entry, each Submission must comply with the following “Submission Requirements”:
- Be an original Photo, displaying an item/product found or purchased at Gabe’s;
- Contain a Photo Caption describing the Photo’s content and story behind the Photo (i.e., what makes the story or “find” unbelievable!®);
- Be the original creation of the entrant and solely owned by entrant;
- Not have won previous awards sponsored by Gabe’s;
- Not have been previously published; and
- In addition, Photo must not include any unauthorized third party intellectual property, general property or products.
- Additionally, a Submission cannot defame or invade publicity and/or intellectual property rights or the privacy of any person, living or deceased, or otherwise infringe upon any copyrighted, trademarked, or patented works or person’s personal or proprietary rights. Photo may also not contain, as determined by Sponsor in its sole discretion, any content that is sexually explicit or suggestive, violent or derogatory, profane or pornographic, or contain nudity; promotes alcohol, illegal drugs, tobacco, firearms/weapons (or use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; is obscene or offensive; endorses any form of hate or hate group; defames, misrepresents or contains disparaging remarks about Sponsor, other companies or people; contains prominent use of trademarks, logos or trade dress owned by others as determined by Sponsor or advertise or promote any brand or product not found/seen at Gabe’s; contains any personal identification (other than as provided on the entry form); contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; communicates messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and/or violates any law. Photos deemed by the Sponsor, in their sole discretion, to be immoral, profane or not in keeping with Sponsor’s image or in violation of these Official Rules will be void. In the event of non-compliance with any requirements specified herein or with any of the terms of these Official Rules or the Contest, Photo will be void. Modification of an existing work does not qualify as original.
- Limit: Entrants may submit one (1) entry per social media account [one (1) on Facebook, one (1) on Instagram and one (1) on Twitter] and one (1) entry per the AMOE each week for a total of four (4)entries per Weekly Entry Period provided that a new photo is used for each entry. Each weekly submission is only eligible for that week’s Weekly Entry Period. Any attempt to abuse or manipulate entries may result in disqualification at Sponsor’s sole discretion.
- Winner Selection & Notification: All eligible entries received during the Contest Period will be judged by a panel of representatives of the Sponsor (“Panel” or “Judge(s)”). The Panel will score each eligible entry based on the following judging criteria (collectively, “Judging Criteria”), each given equal weight:
- How original/creative is the entry?
- How the Photo Caption relates to the Photo based on relevancy to the Photo, originality and overall impact?
- How is the clarity of Photo/ technical execution?
- What is the overall impression of the entry?
- Based on the Panel’s scores, the highest scoring eligible entry will be deemed the weekly prize winner. In the event of a tie, all tied entries will be re-judged by an additional Judge selected by Sponsor who, using the Judging Criteria, will break the tie. Sponsor decisions are final and binding in all matters relating to this Contest. Sponsor will attempt to notify each potential winner via direct message to their Instagram account, direct message to their Twitter account or email provided in Facebook submission. If you are a potential winner who entered using the AMOE, Sponsor will attempt to notify each potential winner via the email address provided in your entry.
- The Gabe’s unbelievable® Finds Photo Contest Summer 2017 is VOID where PROHIBITED by law.
- Release & Indemnification: Sponsor is not responsible for printing or typographical errors in any contest-related materials or for insufficient postage, lost, late, misdirected, damaged, incomplete mail, illegible/incomplete entries or prizes, regardless of method of posting, delivery or receipt. By participating in the Contest, entrants and winners agree to release and hold harmless Sponsor and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, loss, harm, litigation, claim, damage of any kind (including attorney’s fees), illness, personal injury (including emotional distress), and/or death, which may occur (directly or indirectly), whether caused by negligence or not, in connection with, preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of any prize or participation in any Contest related activity, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy. By accepting a prize, the winner agrees that any liability concerning or arising out of the prizes awarded rests solely with the manufacturer of the goods or their affiliates. Entrants and winners acknowledge that Sponsor makes no warranties, representations or guarantees express or implied, in fact or in law, relative to any prize or aspect of the Contest.
- Limitation of Liability: Sponsor 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, entries. Sponsor is not responsible in any way for unauthorized human intervention in the Contest, failure of the website, any problems with or the technical malfunction of any internet, telephone network or telephone lines, on-line systems, servers, or providers. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond the Sponsor’s control, or otherwise.
- Choice of Law: All issues or questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants or Sponsor in connection with the Contest, 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. Any and all legal actions or claims arising in connection with the Contest must be brought in a court of competent jurisdiction within the State of West Virginia. By entering the Contest, all entrants consent to the jurisdiction of the State of West Virginia. The Contest is subject to all applicable federal, state and local laws and regulations.
- Severability & Headings: If any provisions of these Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable, such determination does not affect the validity or enforceability of any other provision in these Official Rules. Headings and captions are used in these Official Rules solely for convenience of reference, and shall not be deemed to affect in any manner the meaning or intent of these Official Rules or any provision hereof.
- Disqualification: If for any reason, the Contest is not capable of running as planned, whether due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes within or beyond the control of Sponsor, which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Contest, in addition to all other remedies provided for herein, Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process (if applicable) or the Contest in general, and/or to cancel, terminate, modify, change, or suspend the Contest in whole or in part, at any time, without notice and may award prizes using all non-suspect eligible entries received as of the termination/suspension. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor disclaims all liability for the inability of a participant to complete or continue an entry due to acts beyond the Sponsor’s control, or otherwise. CAUTION: ANY ATTEMPT TO DELIBERATELY ALTER, DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE EVENT IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE EXTENT PERMITTED BY LAW. Sponsor reserves the right to modify and conduct the Contest in a manner which in Sponsor’s sole discretion is fair, appropriate, and consistent with these Official Rules, including awarding the prizes using all non-suspect, eligible entries received as of the termination/ suspension date.
- Sponsor: As Sponsor, Gabriel Brothers, Inc. (“Gabriel Brothers” or “Gabe’s”) is responsible in its entirety for this Contest. All questions, comments, and concerns with regard to the Contest should be directed to Gabriel Brothers at 55 Scott Avenue Morgantown, WV 26508or by e-mail at: email@example.com. Gabe’s and the Gabriel Brothers logos are trademarks of Gabriel Brothers, Inc. All other trademarks, service marks, logos, product or service names are the property of their respective owners. All Rights Reserved.