Gabe’s Santa or Scrooge Giveaway

OFFICIAL RULES

**NO PURCHASE NECESSARY TO ENTER OR WIN**

**A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING**

**ODDS OF WINNING DEPENDENT UPON ELIGIBLE ENTRIES RECEIVED**

**VOID WHERE PROHIBITED BY LAW**

Participation in the Gabe’s Santa or Scrooge Giveaway (“Giveaway”) constitutes entrant’s full and unconditional agreement with these Official Rules, which are final and binding in all matters related to the Giveaway.Participation in the Gabe’s Santa or Scrooge Giveaway (“Giveaway”) constitutes entrant’s full and unconditional agreement with these Official Rules, which are final and binding in all matters related to the Giveaway.

Eligibility: This Giveaway is open to legal residents eighteen (18) years of age or older as of date of entry, of the states in which Gabe’s has a retail store: Delaware, Kentucky, Georgia, 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, partners, representative, agents, successors, assigns, advertising/ promotion/ fulfillment agencies and anyone else connected with the production and distribution of this Giveaway (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 using another person’s social media and/or email account will be disqualified and ineligible to claim Prize.

Giveaway Period: The Giveaway period starts on Saturday November 18, 2017 at 12:00 AM Eastern Standard Time (“EST”) and ends Sunday December 24, 2017 at 11:59 PM EST (the “Giveaway Period”). All entries must be received by Sunday December 24, 2017 by 11:59 PM EST to be considered eligible to win.  Sponsor’s computer is the official timekeeper for the Giveaway.  The Giveaway will be divided into five (5) weekly entry periods (each a “Weekly Entry Period” and collectively the “Weekly Entry Periods”). The Giveaway will begin on Saturday November 18, 2017 at 12:00:00 AM EST and will continue as follows:

• Weekly Entry Period 1:  This Period of the Giveaway opens on Saturday November 18, 2017 at 12:00 AM and closes on Friday November 24, 2017 at 11:59 PM EST.  Drawing will occur on or about Monday November 27, 2017.

• Weekly Entry Period 2:  This Period of the Giveaway opens Saturday November 25, 2017 at 12:00 AM and closes on Friday December 1, 2017 at 11:59 PM EST.  Drawing will occur on or about Monday December 4, 2017.

• Weekly Entry Period 3:  This Period of the Giveaway opens Saturday December 2, 2017 at 12:00 AM and closes on Friday December 8, 2017 at 11:59 PM EST.  Drawing will occur on or about Monday December 11, 2017.

• Weekly Entry Period 4:  This Period of the Giveaway opens on Saturday December 9, 2017 at 12:00 AM and closes on Friday December 15, 2017 at 11:59 PM EST.  Drawing will occur on or about Monday December 18, 2017.

• Weekly Entry 5 Period 5:  This Period of the Giveaway opens on Saturday December 16, 2017 at 12:00 AM and closes on Sunday December 24, 2017 at 11:59 PM EST.  Drawing will occur on or about Monday December 25, 2017.

Promotion Format: This Giveaway is in no way sponsored, endorsed, or administered by, or in association with Facebook, Twitter or Instagram. By entering, participants 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 Sponsor and not Facebook, Twitter or Instagram.  Normal Internet access and usage charges imposed by your online service and/or mobile carrier may apply.

Prize: A total of six (6) prizes (each a “Prize”) will be given away during the Giveaway.  Five (5) weekly prize winners will receive one (1) Gabe’s gift card, each with a face value of One Hundred Dollars ($100.00) and one grand prize winner will receive one (1) Gabe’s gift card with a face value of Five Hundred Dollars ($500.00), for a grand total of One Thousand Dollars ($1,000.00) worth of gift cards scheduled to be given away during the Giveaway.  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 Giveaway. 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 Giveaway Period. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, stolen, or unsuccessful efforts to deliver Prize.

Odds: 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.
All elements (i.e., Photo, entry form, personal information, Hashtag #GabesSanta or #GabesScrooge) 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 methods of entry mentioned below will be accepted.

During the Giveaway Period, you can enter the Giveaway by one (1) of the following methods of entry:

1. Via Facebook: Via Facebook: To enter via Facebook, access the Gabe’s Brand Page on Facebook located at www.facebook.com/GabesUnbelievable (the “Facebook Site”) and either:

a. Access the “Santa or Scrooge Giveaway” tab on Gabe’s Brand Page and complete all required fields of the on screen entry form and uploading to the Facebook Site a Photo that complies with the Submissions Requirements mentioned herein. If entering by this method, 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 Giveaway; or

b. Enter your Submission by posting a Photo that complies with the Submission Requirements directly to Gabe’s wall on the Facebook Site to be entered into the Giveaway.

2. Via Twitter: To enter via Twitter, tweet a Photo that complies with the Submission Requirements mentioned herein these Official Rules with the hashtag #GabesSanta or #GabesScrooge (the “Twitter Hashtag”) and mention @MyGabes. If entering by Twitter, you must keep your profile public during the Giveaway Period and you must also be following the Sponsor’s Twitter feed @MyGabes. 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 Giveaway.

3. Via Instagram: To enter via Instagram, post a Photo that complies with the Submission Requirements mentioned herein these Official Rules with the hashtag #GabesSanta or #GabesScrooge (the “Instagram Hashtag”). If entering by Instagram, you must keep your profile public during the Giveaway Period and you must also be following Sponsor’s Instagram feed @MyGabes. The Instagram Hashtag must be included with Submission in order to be eligible for entry. Once you upload your Submission to Instagram using the Instagram Hashtag, you will be entered into the Giveaway.

4. Via Alternate Method Of Entry (the “AMOE”): Customers who are unable to enter the Giveaway via the above methods may still enter the Giveaway by emailing their Entry. To participate via AMOE, email your name, physical address (no P.O. Boxes), phone number (cell phone or home phone) and email address to gabessantaorscrooge@gmail.com. Email message must contain a Photo that complies with the Submission Requirements mentioned herein these Official Rules. Once you complete the email and send your Entry, you will be manually entered into the Giveaway.

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 and/or phone related to or resulting from participation in this Giveaway; printing, typographical or other errors appearing within these Official Rules or in any Giveaway 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 Giveaway, the processing of entries, the announcement of the prizes, or in any other Giveaway-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 Giveaway, 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 Giveaway will be used in a manner consistent with the Sponsor’s Privacy Policy found at https://www.mygabes.com/privacy-policy/.  Prepare your Entry with the clear understanding it may be posted on a public website(s) for public viewing.  By submitting an Entry, you hereby grant permission for the Entry to be posted on Sponsor’s sites or other websites.  You agree that the Released Parties are not responsible for any unauthorized use of your Entry by third parties.  Released Parties do not guarantee the posting of any Entry.  You agree that you will not use the Entry for any other purpose, including, without limitation, posting the Entry to any online social networks other than those mentioned herein, without the express consent of Sponsor in each instance.

SUBMISSION REQUIREMENTS:  Regardless of the method of entry, each Submission must comply with the following “Submission Requirements”:

• Be an original Photo, displaying yourself as either Santa or Scrooge in any in-store display at Gabe’s;

• Be the original creation of the entrant and solely owned by entrant, and must not infringe the copyright, trademark, privacy, publicity, or other intellectual property rights of any person or entity;

• Not have won previous awards sponsored by Gabe’s;

• Not have been previously published;

• Any Photo in which Entrant cannot obtain any and all releases and consents necessary for all persons in photo will be void and ineligible.

• Your Entry must not contain any personally identifiable information of any person other than you or your child.  Should you include personally identifiable information about yourself or your child, you acknowledge and agree that such information will be disclosed publicly and you are solely responsible for any consequences thereof;

• Persons displayed in Photo may not be, nor may work with parties in conjunction with the Entry, who: (1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair Sponsor’s ability to display the Entry in any media form; (2) have an acting or modeling contract that would make their appearance in the Entry a violation of any third party rights; or (3) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this Giveaway, or from allowing Sponsor to use royalty-free, the Entry worldwide in all media in perpetuity;

• 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, in its sole discretion; 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 Giveaway, Photo will be void. Modification of an existing work does not qualify as original.

LIMIT: Regardless of method of entry, there is a limit of one (1) photo entry per person, per account, per Weekly Entry Period during the Giveaway Period.  Once entered into the Giveaway, an entrant will only be eligible to win a $100 gift card for that particular Weekly Entry Period, and Photo Submissions will not carry over to the next weeks drawing.  Although a participant can enter a new photo each week, they are only eligible to win one (1) of the weekly prizes and the grand prize during the Giveaway Period.  Any attempt to abuse or manipulate entries may result in disqualification at Sponsor’s sole discretion.

Winner Selection: One (1) weekly prize winner will be randomly drawn from all eligible entries received during each of the five Weekly Entry Periods for a total of five (5) weekly prize winners, with the first weekly prize winner drawn on or about Monday November 27, 2017 and the last weekly prize winner drawn on or about Monday December 25, 2017.  One (1) grand prize winner will be randomly drawn from all valid entries received during the Weekly Entry Periods.  The grand prize winner will be drawn on or about Monday December 25, 2017.  Entries will not be judged in any way and the content or quality there of shall have not impact on the outcome of winning in this Giveaway. Winner Notification:  If you are a potential winner who entered using Instagram or Twitter, Sponsor will notify potential winner via direct message to your Instagram or Twitter account. If you are a potential winner who entered using Facebook Sponsor, Sponsor will notify potential winner via the email address provided in your Entry. If you are a potential winner who entered using the AMOE, Sponsor will notify potential winner via the email address provided in your Entry. The potential winner must then contact Sponsor using the contact information provided in the notification correspondence within three (3) days of notification. 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 maybe selected and notified.

Winner List: The winners will be posted on or about January 5, 2018 at https://www.mygabes.com/gabes-santa-or-scrooge-giveaway/.

Privacy Policy: By participating in the Giveaway, entrants agree to the collection and use of their personal information. Participants also acknowledge that all submitted information therein becomes the property of Sponsor and will not be returned and may be used for marketing purposes. Collection and use of information will be in accordance with Sponsor’s Privacy Policy stated at https://www.mygabes.com/privacy-policy/.

Conditions:  By participating in this Giveaway, each entrant , for themselves and/or their child, 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; (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 Giveaway efforts does not convey any status of any kind with respect to the Giveaway such as, but not limited to, selection as the winning entry in the Giveaway 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 Giveaway (regardless of the method of entry), 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, print, publish, exploit, broadcast and use any Photo (or any portion thereof) in any way and in any media for trade, advertising, promotional, 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, portrait, picture, voice, city/state of residence, biographical information, photograph and/or other likeness for trade, advertising, promotional  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 Released Parties, 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 Giveaway, 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 Giveaway should virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or proper play of the Giveaway and, in the case of suspension or termination, at its discretion, select the winner from among all eligible non-suspect entries received prior to the Giveaway period requiring such termination or suspension.

THE GABE’S SANTA OR SCROOGE GIVEAWAY IS VOID WHERE PROHIBITED BY LAW.

Release & Indemnification: Sponsor is not responsible for printing or typographical errors in any giveaway-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 GIVEAWAY, ENTRANTS, FOR THEMSELVES AND/OR THEIR CHILD, AGREE TO RELEASE AND HOLD HARMLESS SPONSOR AND RELEASED PARTIES, 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 GIVEAWAY, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN ANY GIVEAWAY 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 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 GIVEAWAY.

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 Giveaway, 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 & Disputes: 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 Giveaway, 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 Giveaway must be brought in a court of competent jurisdiction within the State of West Virginia. By entering the Giveaway, all entrants consent to the jurisdiction of the State of West Virginia. The Giveaway is subject to all applicable federal, state and local laws and regulations.  Except where prohibited, entrant agrees that:  (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney’s fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
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 Giveaway 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 Giveaway, 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 Giveaway in general, and/or to cancel, terminate, modify, change, or suspend the Giveaway 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 Giveaway 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 Giveaway. All questions, comments, and concerns with regard to the Giveaway should be directed to Gabriel Brothers at 55 Scott Avenue Morgantown, WV 26508 or by e-mail at: customerservice@gabes.net. 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.