unbelievable!® Finds Photo Contest Official Rules

Gabe's unbelievable Finds Photo Contest

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**

Eligibility: The unbelievable!® Finds Photo Contest (“Contest”) is open to legal residents eighteen (18) years of age or older as of date of entry, of the states in which Gabriel Brothers has a retail store:  Delaware, Kentucky, Maryland, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia,  West Virginia and District of Columbia.  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. CONTEST IS VOID WHERE PROHIBITED BY LAW. This Contest is in no way sponsored, endorsed, or administered by, or in association with, Facebook, Twitter or Instagram. By entering, entrants confirm that they release, Facebook, Twitter and Instagram of responsibility, and agree to their terms of use.  Furthermore, by entering, you understand that you are providing your information to the Sponsor and not Facebook, Twitter or Instagram. The information you provide as detailed below will only be used for Contest purposes.

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”):

  • Weekly Entry Period 1: November 4, 2016 at 12:00 AM Eastern Standard Time (“EST”) and ends November 10, 2016 at 11:59 PM EST.
  • Weekly Entry Period 2: November 11, 2016 at 12:00 AM Eastern Standard Time (“EST”) and ends November 17, 2016 at 11:59 PM EST.
  • Weekly Entry Period 3: November 18, 2016 at 12:00 AM Eastern Standard Time (“EST”) and ends November 24, 2016 at 11:59 PM EST.
  • Weekly Entry Period 4: November 25, 2016 at 12:00 AM Eastern Standard Time (“EST”) and ends November 29, 2016 at 11:59 PM EST.

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 “Contest” tab on Gabe’s Brand Page on Facebook located at https://www.facebook.com/gabrielbrothers (the “Contest Site”) and follow the instructions to complete the entry form and upload your Submission to the Contest 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 mention herein these Official Rules with the hashtag #MyGabesFind (the “Twitter Hashtags”) 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 Hashtags constitutes your unconditional acceptance of these Official Rules. All tweets must contain a Photo Caption. Once you tweet your Submission to the Twitter Hashtag (“#MyGabesFind”) you will be entered into the applicable Weekly Entry Period. All of the Twitter Hashtags must be included with a Submission in order for that Submission to be eligible for entry in the Contest
  • Via Instagram: To enter via Instagram, post a Photo that complies with the Submission Requirements mentioned herein these Official Rules with the hashtag #MyGabesFind (the “Instagram Hashtags”). If entering by Instagram, you must keep your profile public during the Contest Period and you must also be following Sponsor’s Instagram feed @MyGabes.  Any photo tagged with the Instagram Hashtags and includes a Photo Caption on Instagram may be eligible for the Contest.  Once you upload your Submission to Instagram using the Instagram Hashtags, you will be entered into the applicable Weekly Entry Period. Your Submission must include the Instagram Hashtags in order to be eligible. By using the Instagram Hashtags in connection with your Instagram post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram API or otherwise use your post as set forth in its online Terms and Conditions.

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.

The name of the “authorized account holder” associated with any given email address will be deemed to be the entrant and must comply with these Official Rules. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, an online service provider, or another organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Proof (to Released Parties satisfaction) of being the authorized account holder may be required by Released Parties. Released Parties are not responsible for lost, incomplete, late, damaged, garbled, undelivered, inaccurate or misdirected entries, photos or descriptions; failures or malfunctions of phones, phone lines or telephone systems or other communications malfunctions; interrupted or unavailable network, Internet Service Provider (ISP), cable, satellite, server or other connections; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to entrant’s or any other person’s computer related to or resulting from participation in this Contest; printing, typographical or other errors appearing within these Official Rules or in any Contest related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise, including, without limitation, errors that may occur in connection with the administration of this Contest, the processing of entries, the announcement of the prizes, or in any other Contest-related materials. The use of automated entry or similar devices as specifically set forth above is prohibited and entries through such prohibited devices are void. By entering this Contest, entrants give their express permission to be contacted by Sponsor by telephone, email and/or postal mail for promotional purposes only. Any information collected through the Contest will be used in a manner consistent with the Sponsor’s Privacy Policy found at http://www.mygabes.com/privacy-policy/.

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:

  • 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?

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.

CONDITIONS: All federal, state, and local taxes and all other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded is the recipients’ sole responsibility. Non-compliance with any of the foregoing or with these Official Rules may result in disqualification and awarding of prize to an alternate winner, at Sponsor’s discretion. If any prize notification is returned as undeliverable, the potential winner cannot be contacted within a reasonable time period, does not reply to correspondence within three (3) days following date of attempted notification, or fails to comply with verification process and/or eligibility requirements, that potential winner may be disqualified and, at Sponsor’s discretion, a runner-up winner may be notified. By participating, each entrant and winner agrees to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding, and 1) Attest that their Photo is his/her original, personal creation and that it meets all eligibility requirements, Submission Requirements and conditions set forth herein; and 2) Understand that their Photo may be selected for potential use in future advertising and/or promotional materials and further understand that the use of their Photo in potential advertising and/or Contest efforts does not convey any status of any kind with respect to the Contest such as, but not limited to, selection as the winning entry in the Contest or being a potential winner; and 3) Agree that entrants will retain ownership of his/her Photo notwithstanding the Privacy Policy; however, by entering the Contest, and to the extent allowed by law, entrants grant Released Parties and their designees a non-exclusive, non-revocable, perpetual, sublicensable, royalty-free license to use Photo and that Released Parties and their designees shall have: a) The perpetual, worldwide right to edit, publish, exploit and use any Photo (or any portion thereof) in any way and in any media for advertising and/or trade purposes and/or for any other purpose in any media or format, online or offline, now or hereafter known without further compensation, permission or notification from/to entrant or any third party; b) The right and permission (unless prohibited by law) to use entrant’s name, voice, city/state of residence, photograph and/or other likeness for advertising, trade and/or for any other purpose in any media or format now or hereafter known without further compensation, permission or notification, entrant hereby representing that use of any of the foregoing materials shall not violate the rights of any third parties and shall not violate any applicable federal, state or local laws or ordinances; c) The right to disqualify any Photos that Sponsor deems to be obscene or otherwise not in good taste; and d) No liability on account of, and entrant will defend, indemnify and hold harmless Released Parties from and against, any liability, loss, injury or damage of any kind (including attorney’s fees) to any person or entity including, without limitation, personal injury, death or damage to personal or real property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of the prize, participation in this Contest, or use of any entry-related materials. Sponsor reserves the right, in its sole discretion, to modify the Official Rules, suspend, and/or terminate this Contest should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Contest and, in the case of suspension or termination, at its discretion, select the Weekly Prize winners from among all eligible non-suspect entries received prior to the Weekly Entry Period or Contest Period requiring such termination or suspension.

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

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