Gabe’s Unbelievable Rewards! Pick-And-Win In-App 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 GAME PLAY **
**VOID WHERE PROHIBITED BY LAW**

Sponsor/Administrator: The Gabe’s Unbelievable Rewards! Pick-And-Win (“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, E, Falmouth, MA 02536 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 of the states in which Gabe’s® has a retail store: Delaware, Georgia, Indiana, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia and West Virginia (“Eligibility Area”), eighteen (18) years of age or older (or the age of majority in the state you reside) as of date of entry (“Entrant”). VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. Sponsor, Administrator, 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 Game, as well as their immediate families (spouse, parent, child, sibling and their respective spouses, regardless of where they reside) (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.

Accessing the Game via your wireless mobile device or tablet, data rates may apply according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges as well as charges for wireless Internet access) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Promotion. Mobile device service may not be available in all areas. Check your phone's capabilities for specific instructions. Sponsor is not responsible for any charges.

INSTANT WIN GAME PERIOD: The Game Period starts Monday, March 4, 2024, at 12:00:01 p.m. Eastern Time (“ET”) and ends Friday, May 31, 2024 at 11:59:59 a.m. ET or when all Prizes, Offers and Points have been distributed, whichever occurs first (the “Game Period”). Sponsor’s designated computer server will be the official timekeeper for the Game.  If, under the conditions cited above, the Game ends prior to May 31, 2024 at 11:59:59 a.m., then Sponsor will secure and keep documented evidence of when the Game actually ended.  

HOW TO ENTER & PLAY THE GAME: During the Game Period, you may play the Game once per calendar day (12:00:01 p.m.-11:59:59 a.m. ET). You must signup for the Rewards program and download the free Gabe’s® App to play the Game, which will be played on the Gabe’s® App.

• Gabe’s® App: In order to participate in the Game, you must or already have signed up for the Gabe’s Unbelievable Rewards!® at https://www.gabesstores.com/rewards.  If you are not a member of the Gabe’s Unbelievable Rewards!, download the Gabe’s® app by visiting either the Apple Store or Google Play Store (free to download) online.

• On the app, “click” on the “Play Now” Button, below your rewards card and points, which will direct you to the Game page (the “Game Site”).

• On the Game Site, you will be prompted to “click” on one (1) of the three (3) game buttons.

• Game buttons will instantly reveal one of the following:

o   Coupon Offer

o   Gabe’s® Rewards Points winner

o   Sorry try again tomorrow

All offers and points won will automatically be saved to your Gabe’s Unbelievable Rewards! account inside your app. If you win a Prize, follow prompts to claim your Prize.

NOTE: Gabe’s Unbelievable Rewards! Point Offers won will expire on December 31, 2024. Any awarded points or prizes not claimed by December 31, 2024 will become null and void and will remain unawarded.

COUPONS WILL EXPIRE AS FOLLOWS in 2024:

• Coupons won between March 4 – March 10 will be valid through April 10, 2024

• Coupons won between March 11 – March 24 will be valid through April 24, 2024

• Coupons won between March 25 – April 7 will be valid through May 7, 2024

• Coupons won between April 8 – April 21 will be valid through May 21, 2024

• Coupons won between April 22 – May 5 will be valid through June 5, 2024

• Coupons won between May 6 – May 19 will be valid through June 19, 2024

• Coupons won between May 20 – May 31 will be valid through June 30, 2024

Multiple entries submitted or completed by anyone other than the Entrant are void.

There is a limit of ninety-two (92) entries per Entrant for the entire Game Period. Any attempt by an Entrant to obtain more than the stated number of entries by using multiple/different identities, and/or any other methods will void that Entrant’s entry and that Entrant may be disqualified, as determined by the Sponsor in its sole discretion from the Game. In case of dispute as to the identity of any Entrant, entry will be declared made by the registered name and address on such entry. Any potential prize winner may be requested to provide Sponsor with proof that such person is the prize winner. Neither Sponsor nor any Released Party is responsible for any entry that is lost, late, illegible, stolen, mutilated, incomplete, invalid, unintelligible, postage-due, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, human error, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. Only fully completed entries are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor or Sweepstakes Entity.

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 bring your phone/mobile device containing the prize-winning barcode to any Gabe’s® retail store. All prize-winning barcodes are only valid for a one-time use. You may not share or send prizes/offers to any other user. All Prizes must be redeemed no later than the close of regular business hours on June 30, 2024 at any participating Gabe’s® retail store. Any instant win prize that remains unclaimed will not be offered in any second chance drawing or otherwise awarded. All unclaimed, unawarded or undeliverable Prizes at the conclusion of the Game Period will not be awarded. 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 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/Gabe’s Unbelievable Rewards! member, PER CALENDAR DAY DURING THE GAME PERIOD EST (12:00:01 p.m.-11:59:59 a.m. ET).  If any participant uses more than one (1) 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: GABE’S® COUPON OFFERS, GABE’S® REWARDS POINTS

Balance of all Game plays will reveal “sorry not a winning game play.” Come back tomorrow and play again.

BONUS PLAY: Any Entrant that plays the Game for five (5) consecutive game days, will receive one (1) free Game play.

All applicable terms and conditions of the Gabe’s® Coupon Offers and Gabe’s® Unbelievable Rewards! Points 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.

GAME GENERAL NOTES:  Winning Game plays will be randomly computer generated under the supervision of the Sponsor and will not be disclosed to Entrants. When an Entrant plays the Game, the Game computer will generate instant results of that Game play.  ALL GAME PLAYS ARE TIME/DATE STAMPED ON THE GAME SERVER. SCREEN SHOTS ARE NOT PROOF OF WINNING ANY PRIZE, OFFER OR POINTS.  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 Game; printing, programming, typographical or other errors appearing within these Official Rules or in any 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 Game, the processing of Game plays, the announcement of the Prizes, or in any other 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 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 Game will be used in a manner consistent with the Sponsor’s Privacy Policy found at http://www.gabestores.com/privacy-policy. You agree that the Released Parties are not responsible for any unauthorized use of your entry by third parties.

PRIVACY POLICY: By participating in the Game, entrants agree to the collection and use of their personal information. Entrant’s also acknowledge that all submitted information there in 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 http://www.gabestores.com/privacy-policy.

RELEASE & INDEMNIFICATION:

BY PARTICIPATING IN THE 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 GAME, OR POSSESSION ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR PARTICIPATION IN ANY GAME RELATED ACTIVITY, AND FOR ANY CLAIMS OR CAUSES OF ACTION BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY. BY ACCEPTING A PRIZE, OFFER OR POINTS, 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 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 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 Game must be brought in a court of competent jurisdiction within the State of West Virginia. By entering the Game, all Entrants consent to the jurisdiction of the State of West Virginia. The 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 Game or any prize, offer or points 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 Game is not capable of running as planned, whether due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, pandemic, 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 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 Game in general, and/or to cancel, terminate, modify, change, or suspend the 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 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 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.

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