Gabe’s unbelievable!® Finds Photo Contest Official Rules
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**
Contest Period: The Contest starts on November 4, 2016 at 12:00 AM Eastern Standard Time (“EST”) and ends November 29, 2016 at 11:59 PM EST (the “Contest Period”). The Contest will be divided into four (4) weekly entry periods (each a “Weekly Entry Period”):
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::
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.
LIMIT: Entrants may submit one (1) photo entry per social media account [one (1) for Facebook, one (1) for Instagram and one (1) for Twitter] each week for a total of three (3) entries per Weekly Entry Period provided a new photo is used for each entry for each social media submission. Any attempt to abuse or manipulate entries may result in disqualification at Sponsor’s sole discretion.
SUBMISSION REQUIREMENTS: Regardless of the method of entry, each Submission must comply with the following content guidelines to be eligible and must meet these “Submission Requirements”. Submissions must:
1) Be an original Photo, displaying an item/product found or purchased at Gabe’s;
2) Contain a Photo Caption describing the Photo’s content and story behind the Photo (i.e., what makes they story or “find” unbelievable!®).
3) Be the original creation of the entrant and solely owned by entrant;
4) Not have won previous awards sponsored by Gabe’s;
5) Not have been previously published.
6) 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.
WINNER DETERMINATION: 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:
WEEKLY PRIZE: Based on the criteria outlined above, one (1) Weekly Prize winner [for a total of four (4)] will be selected based on Judging Criteria within seven (7) days following each Weekly Entry Period, with the first Weekly Prize winner selected on or about November 11, 2016 and the last Weekly Prize winner selected on or about November 30, 2016. Absent disqualification or fraud, Sponsor decisions shall be final and binding. Sponsor reserves the right not to award a Weekly Prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Limit one (1) Weekly Prize per person, Facebook account, Instagram account, Twitter account, email address, family and/or household for the duration of the Contest Period. Each weekly Submission is only eligible for that week’s Weekly Entry Period. Odds of winning will depend on the number of eligible entries received.
Sponsor will attempt to notify each potential winner via direct message to their social media account and/or email that was provided at time of entry. The potential winner must then contact Sponsor using the contact information provided in the notification correspondence within three (3) days of notification. Potential prize winners are subject to eligibility verification and compliance with these Official Rules. If any required information is not returned within the number of days specified in the notification correspondence, or if any notification is returned as undeliverable, then the prize may be forfeited and, at Sponsor’s discretion, the next potential winner will be selected and notified.
PRIZES: Four (4) $100 gift cards (the “Prizes”). The Approximate Retail Value (“ARV”) of all the Prizes is $400.
Each of the four (4) Weekly Prize winners will receive one (1) $100 Gabe’s gift card for a total of twelve winners during the Contest Period. Gift cards are subject to the terms and conditions printed thereon and imposed by issuer. Prizes are non-transferable. No cash alternative or prize substitutions allowed, except Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value if advertised prize becomes unavailable. Prizes may not be sold, bartered, or exchanged by winners. All details of any prize not specified herein shall be determined solely by Sponsor. Prizes will be fulfilled within 6-8 weeks following the end of the Contest Period.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or prize(s) awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the Contest, shall be governed by and construed in accordance with the substantive laws of the State of West Virginia.
WINNERS LIST: For a list of winners (available after 12/02/16), visit http://www.mygabes.com/unbelievable-finds-winners-list/.
SPONSOR: Gabriel Brothers, Inc., 55 Scott Avenue, Morgantown, WV 26508