Gabe's 2019 Back to School Scratch and 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 Back to School Scratch and Win Game ("Game" or "Scratch and 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 01702www.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 Gabe's Back to School Scratch and 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 Gabe's Back to School Scratch and Win 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 Gabe's Back to School Scratch and Win Game is prohibited and will result in disqualification of any entrant attempting such use.

Scratch and Win Game Period: The Scratch and Win Game period starts on Monday, July 8, 2019 at 12:00:01 PM Eastern Standard Time ("EST") and ends Sunday, August 25, 2019 at 11:59:59 PM EST (the " Scratch and Win Game Period"). All entries must be received by August 25, 2019 at 11:59:59 PM EST to be considered eligible to win. Administrator's designated computer server will be the official timekeeper for the Game.

 

HOW TO ENTER & PLAY THE GAME: During the Scratch and Win Game Period, you may play the Scratch and Win Game once per day using one of the following methods:

1. Website: Visit www. gabesstores.com/backtoschool (the "Game Site") and follow the on-screen instructions to register and play the Game. Once on the Game Site, you must register by entering your first name, last name, email address, select your participating state and acknowledge that you have read and agree to these Official Rules. When you are ready to play, click on the " Let's Go!" button to activate the Game from your mobile phone, computer, or other similar device that allows entry. Once connected, you will be presented with six (6) blue lockers/game boxes. Tap/click on each of the six (6) game boxes to reveal and play. If you match two (2) of the exact same Gabe's Gift Cards on the same game play, then you are an instant winner of an instant Gabe's Gift Card (the "Prize ") and a "Congrats, You Won" message will appear along with a "Claim Prize" button. Click on the button to claim your prize. Your gift card will also be sent to the email you registered to play.

2. Mail-In: If you do not have an electronic device capable of the entry method 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 Back to School Scratch and Win Game, 1199 Lancaster Ave Suite 100, Berwyn, PA 19312. The receipt of each entry will be based on the delivery date to the address and must be received within the Game Period to be considered eligible to win. 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 the 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 September 30, 2019, 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. 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 Scratch and 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 Scratch and Win Game materials conform to these Official Rules.

LIMIT: REGARDLESS OF THE METHOD OF ENRTY THERE IS A LIMIT OF ONE (1) SCRATCH AND WIN GAME PLAY PER EMAIL ADDRESS/MOBILE TELEPHONE NUMBER PER CALENDAR DAY DURING THE SCRATCH AND WIN GAME PERIOD. 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, approximaTe retail value "arv") AND ODDS of winning: There are one thousand, one hundred twenty-eight (1,128) winners/prizes that will be given away during the Scratch and Win Game Period. The total of all instant win Prizes during the Scratch and Win Game Period is ten thousand dollars ($10,000.00).

Fourteen (14) 1st Prizes: $100 Instant Gabe's® Gift Card

Eighty-six (86) 2nd Prizes: $20 Instant Gabe's® Gift Card

Three hundred forty-eight (348) 3rd Prizes: $10 Instant Gabe's® Gift Card

Six hundred eighty (680) 4th Prizes: $5 Instant Gabe's ® Gift Card

Total approximate retail value of all Prizes is $10,000.00

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.

 

SCRATCH AND WIN GENERAL NOTES: Winning dates and times for the simulated Scratch and Win Game plays are randomly predetermined under the supervision of the Administrator 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 Scratch and Win Game; printing, programming, typographical or other errors appearing within these Official Rules or in any Scratch and 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 Scratch and Win Game, the processing of Game plays, the announcement of the prizes, or in any other Scratch and 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 Scratch and 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 Scratch and Win Game will be used in a manner consistent with the Sponsor's Privacy Policy found at http://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: Gabe's 2019 Back to School Scratch and Win Game Winners, 1199 Lancaster Ave Suite 100, Berwyn, PA 19312. All requests must be received by 9/14/19.

 

PRIVACY POLICY: By participating in the Scratch and 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 http://www.mygabes.com/privacy-policy/ .

 

RELEASE & INDEMNIFICATION: Sponsor and Administrator are not responsible for printing, programming or typographical errors in any Scratch and 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 Scratch and 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 Scratch and Win Game, or possession, acceptance and/or use or misuse of any prize or participation in any Scratch and 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 Scratch and 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 Scratch and 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 Scratch and Win Game must be brought in a court of competent jurisdiction within the State of West Virginia. By entering the Scratch and Win Game, all entrants consent to the jurisdiction of the State of West Virginia. The Scratch and 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 Scratch and 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 Scratch and 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 Scratch and 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 Scratch and Win Game in general, and/or to cancel, terminate, modify, change, or suspend the Scratch and 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 SCRATCH AND 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 Scratch and 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. © 2019 Gabriel Brothers, Inc. All Rights Reserved.

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