Gabe’s 2018 Holiday Instant Win Game

OFFICIAL RULES

**NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE**
**A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING**

**ODDS OF WINNING DEPEND UPON THE NUMBER OF PARTICIPANTS PLAYING THE GAME AND THE DATE AND TIME OF EACH PLAY **
**VOID WHERE PROHIBITED BY LAW**

Sponsor/Administrator: The Gabe’s 2018 Holiday Instant Win Game (“Game” or “Instant Win Game”) is sponsored by Gabriel Brothers, Inc., 55 Scott Avenue Morgantown, WV 26508 (“Sponsor”) and is administered by Cohen-Friedberg Associates, LLC, Framingham, MA 01702 www.cfapromo.com. (“Administrator”)

Participation in the Game constitutes entrant’s full and unconditional agreement with these Official Rules, and Sponsors’ and Administrator’s decisions, which are final and legally binding in all matters related to the Game.

ELIGIBILITY & CONDITIONS OF PARTICIPATION: The Game 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: DE, GA, IN, KY, MD, NJ, NC, OH, PA, SC, TN, VA & WV (“Eligibility Area”). VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Employees, officers, directors, agents and representatives of Sponsor, Administrator, and each of their respective parent, subsidiaries, affiliates, partners, representative, agents, successors, assigns, advertising/ promotion/ fulfillment agencies and anyone else connected with the production and distribution of this Instant Win Game (hereafter “Released Parties”) are not eligible to enter or win. Entrants may be required to provide proof of identification and eligibility as required by Sponsor or Administrator. If it is discovered or suspected that an entrant has registered for or played or attempted to register for or play the Game using multiple e-mail addresses or multiple identities, all of that entrant’s entries will be declared null and void and any Prize that entrant might have been entitled to receive or win will not be awarded. Use of any automated system or any like methods to participate in the Game is prohibited and will result in disqualification of any entrant attempting such use. If an entrant participates via a mobile device, you must have a wireless mobile device that is capable of two-way MMS messaging through participating mobile service providers and message and data rates may apply for each text message sent and/or received. Each time you play you may receive several sent/reply texts. Not all cellular telephone providers carry the service necessary to participate in the Game through a mobile device. Entrants should check their mobile devices’ capabilities and wireless service pricing plans. Text message services for the Game are provided on an “as is” basis, may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. By playing, you represent that you are the owner of (or have permission to use) the mobile telephone number and mobile device you use to participate. You also agree to receive text messages about this Game and understand that you are solely responsible for all message and data charges that you incur. All such charges are billed by and payable to your mobile service provider; please contact your participating mobile service provider for pricing plans, participation status and details. Text message services for the Game are provided on an “as is” basis, may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise. Text messages are sent to you from an automated system. Consent to receive text messages is not a condition of purchase for any products or services. To opt-out or stop receiving text messages about the Game, send “GABES STOP” to 52236 and for help, contact Gabe’s at 55 Scott Avenue, Morgantown, WV 26508 or by email at: customerservice@gabes.net.

INSTANT WIN GAME PERIOD: The Instant Win Game period starts on Monday, November 19, 2018 at 12:00:01 AM Eastern Standard Time (“EST”) and ends Monday, December 24, 2018 at 11:59:59 PM EST (the “Instant Win Game Period”). Administrator’s designated computer server will be the official timekeeper for the Game.

HOW TO ENTER & PLAY THE GAME: During the Game Period, you may play the Game once per day using one of the following three (3) methods:
1. Text Message: Send a text message with the key word GABES to 52236, tap the link that is contained in the reply text message to be taken to the Game Site. Once on the Game Site, user must complete all required information on the entry form, agree to the Official Rules and follow the prompts to play the Game.

2. Website: Visit www.mygabes.com/holiday (the “Game Site”) and follow the on-screen instructions to register and play the Game.

FOR TEXT MESSAGE & WEBSITE PLAYS: Once on the Game page, you must click on the “PLAY NOW” button to activate the Game from your mobile phone, computer, or other similar device that allows entry. The three windows will begin to spin around. If your spin results in matching three (3) of the same holiday items on the middle, horizontal row, then you are an instant winner of an instant Gabe’s Gift Card (the “Prize”) and a “You Won” message will appear along with a prize-winning bar code containing the amount of your Prize.

3. Mail-In: If you do not have an electronic device capable of the entry methods listed above, you may legibly hand print your full name, complete mailing address, age, phone number and email address on a 3” x 5” card and mail it postage prepaid to: Gabe’s 2018 Holiday Instant Win Game, PO Box 1032, Lansdowne, PA 19050. The receipt of each entry will based on the delivery date to the PO Box and must be received within the Game Period to be considered valid. An Administrator will play the Game one (1) time for each valid entry. If you provided an email address and If the Administrator plays a winning game play, you will be notified by email of the prize won along with the winning barcode. If you did not provide an email address, the Administrator will print the barcode and mail it to you. No reply will be sent to non-winning game plays. No photocopies, facsimiles or mechanical reproductions will be accepted. All entries become the exclusive property of Administrator and only winning game play entries will be acknowledged. Sponsor and Administrator are not responsible for lost, late, incomplete, inaccurate, invalid, unintelligible, illegible, mutilated, misdirected, stolen or postage-due entries or mail delivery dates.

HOW TO CLAIM AN INSTANT WIN PRIZE: Follow the prize claim directions that appear after your winning game message. No more than the below stated number of Prizes will be awarded. To redeem your Prize, you may either bring your phone/mobile devise containing the prize-winning barcode or print out the emailed winning barcode and bring it to any Gabe’s® retail store. All prize-winning barcodes are only valid for a one-time use. All Prizes must be redeemed no later than the close of regular business hours on Thursday, January 31, 2019 at any participating Gabe’s® retail store. If you are unable to redeem by 01/31/19, please visit any Gabe’s retail store location and we will substitute the instant win game prize. Any instant win prize that remains unclaimed will not be offered in any Second Chance drawing or otherwise awarded. Return of any prize/prize notification as undeliverable will result in the disqualification of the potential winner and no alternate winner will be selected. All unclaimed, unawarded or undeliverable Prizes at the conclusion of the Instant Win Game Period will not be awarded and the Prizes will be donated to charity. No substitution or transfer of prize is permitted except by Sponsor. The Sponsor also explicitly reserves the right to correct any and all errors, including but not limited to printing errors, so as to make the Instant Win Game materials conform to these Official Rules.

LIMIT: REGARDLESS OF THE METHOD OF ENRTY THERE IS A LIMIT OF ONE (1) GAME PLAY PER EMAIL ADDRESS/MOBILE TELEPHONE NUMBER PER CALENDAR DAY DURING THE GAME PERIOD. If any participant uses more than one (1) mobile telephone number or email address to circumvent the participation limit, Sponsor/Administrator reserves the right to disqualify all Game plays associated with the participant and his or her email address and/or mobile telephone number and to declare any Prize forfeited

PRIZES, APPROXIMATE RETAIL VALUE “ARV”) AND ODDS OF WINNING: There are two thousand, two hundred forty three (2,243) winners/prizes that will be given away during the Instant Win Game Period. The total of all instant win Prizes during the Instant Game Period is twenty thousand dollars ($20,000.00).

Twenty-eight (28) 1st Prizes: $100 Instant Gabe’s® Gift Card
One hundred seventy-five (175) 2nd Prizes: $20 Instant Gabe’s® Gift Card
Seven hundred (700) 3rd Prizes: $10 Instant Gabe’s® Gift Card
One thousand three hundred-forty (1,340) 4th Prizes: $5 Instant Gabe’s® Gift Card
Total approximate retail value of all Prizes is $20,000.00

All applicable terms and conditions of the Gabe’s® Gift Card apply. Sponsor reserves right to substitute prizes of equal or greater value. All applicable federal, state and local taxes and fees, if any, are the responsibility solely of winners. Prizes may not be sold, bartered, or exchanged by winners. All details of any Prize not specified herein shall be determined solely by Sponsor.

Odds of winning depend upon the number of participants playing the Game and the date and time of each play.
INSTANT WIN GAME GENERAL NOTES: Winning dates and times for the simulated spins are randomly predetermined under the supervision of the Administrators and will not be disclosed to entrants. The first entrant to play the Game after each predetermined winning date and time will result in an instant winner. ALL GAME PLAYS ARE TIME/DATE STAMPED ON THE GAME SERVER. SCREEN SHOTS ARE NOT PROOF OF WINNING ANY PRIZE. 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, 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 Instant Win Game; printing, programming, typographical or other errors appearing within these Official Rules or in any Instant Win Game 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 Instant Win Game, the processing of Game plays, the announcement of the prizes, or in any other Instant Win Game-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 Instant Win Game, 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 Instant Win Game will be used in a manner consistent with the Sponsor’s Privacy Policy found at https://www.mygabes.com/privacy-policy/. You agree that the Released Parties are not responsible for any unauthorized use of your entry by third parties.

WINNER LIST: To obtain a printed list of winners, please send a self-addressed stamped envelope to: Winners List for Gabe’s 2018 Holiday Instant Win Game, PO Box 1032, Lansdowne, PA 19050. All requests must be received by 1/18/19.

PRIVACY POLICY: By participating in the Instant Win Game, 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/.

RELEASE & INDEMNIFICATION: Sponsor and Administrator are not responsible for printing, programming or typographical errors in any Instant Win Game-related materials or for lost, late, misdirected, damaged, illegible/incomplete entries or prizes, regardless of method of posting, delivery or receipt. BY PARTICIPATING IN THE INSTANT WIN GAME, ENTRANTS 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 INSTANT WIN GAME, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN ANY INSTANT WIN GAME 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 INSTANT WIN GAME.

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 Instant Win Game, 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 Instant Win Game must be brought in a court of competent jurisdiction within the State of West Virginia. By entering the Instant Win Game, all entrants consent to the jurisdiction of the State of West Virginia. The Instant Win Game 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 Instant Win Game 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 Instant Win Game 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 Instant Win Game, 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 Instant Win Game in general, and/or to cancel, terminate, modify, change, or suspend the Instant Win Game 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 INSTANT WIN GAME 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 Instant Win Game 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. Gabe’s and the Gabriel Brothers logos are trademarks of Gabriel Brothers, Inc. © 2018 Gabriel Brothers, Inc. All Rights Reserved.