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Gabb Holiday Unboxing Contest 2024 Official Rules, Terms & Conditions
Sponsor: Gabb Wireless, Inc., 2701 N Thanksgiving Way, Lehi, UT 84043 (“Sponsor”).
Eligibility: The 2024 Holiday Unboxing Contest (the “Contest” and/or “Promotion”) is open only to legal residents of the contiguous United States, Alaska, Hawaii, and the District of Columbia who are at least twenty-one (21) years old at the time of entry (each, an “Entrant”). An Entry constitutes participation (“Participation”) in the contest. Employees of Sponsor, its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited.
Official Rules: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
AFFIDAVIT OF ELIGIBILITY AND LIABILITY, PUBLICITY RELEASE, AND CONSENT TO BEGIN SERVICE IS REQUIRED FOR ANY PRIZE.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ODDS: Odds of winning will depend upon the total number of eligible entries received during the Entry Period.
Entry Period: The Contest begins at 12:00 a.m. MDT on Nov 1, 2024, and ends at 11:59 p.m. MST on December 30, 2024 (the “Contest Period”). To be eligible, submissions must be received during the Contest Period. Sponsor’s computer is the official time-keeping device for the Contest. Sponsor is not responsible for entries that are late, lost, stolen, misdirected, non deliverable or illegible due to any reason whatsoever.
How to Enter: NO PURCHASE OR PAYMENT NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCE OF WINNING.
To enter, the Entrant must: Capture a video (“Video” and/or “Submission”) of the entrant’s child (“Child”) unwrapping and opening the box of their new Gabb Device, upload this Submission to the Entrant’s Instagram or Facebook feed’s public account (“Social Platform”), tag @gabbwireless and use the hashtag #GabbUnboxing2024. Limit one (1) Entry per person. Entries are void if they are in whole or in part incomplete, illegible, irregular, altered, counterfeit, produced in error, or obtained through fraud or theft.
Entry Without Purchase: To enter the Contest without purchase, the Entrant must: Capture a video (“Video” and/or “Submission”) of the entrant’s Child (“Child”) unwrapping and opening a box, and submit Video via email to social@gabb.com. Limit one (1) Entry per person. Entries are void if they are in whole or in part incomplete, illegible, irregular, altered, counterfeit, produced in error, or obtained through fraud or theft.
Requirements of Video Entries: Any video submitted by an Entrant must be shot vertically, 120 seconds or less. All videos must be original, unpublished, the sole property of the Entrant, and may not have won previous awards. By submitting a video, Entrant agrees that the video complies with these Official Rules. By submitting a video, entrant warrants and represents that he/she and any persons appearing or who are identifiable in the photo/video consent to the submission, and that all legal guardians of any children appearing in the Video agree to the use of the entry in the applicable Promotion and to its use as otherwise set forth herein. Any photo or video entries may not contain, as determined by Sponsor in its sole discretion, any content that:
communicates messages or images inconsistent with the positive images and/or good will with which Sponsor wishes to associate;
violates any law.
is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous;
is obscene or offensive; endorses any form of hate or hate group;
defames, misrepresents or contains disparaging remarks about other people or companies;
contains music (unless specifically provided for in the Promotion Posting); contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission; appears to duplicate any other submitted entries; contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains materials or look-alikes embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void). Sponsor may disqualify any entry for any reason, including if it determines that the entry fails to conform to these official rules in any way or otherwise contains unacceptable content. Sponsor is under no obligation to disclose why an entry has been disqualified. Entrant agrees to the criteria in its entirety and forfeits any dispute or claim against the Sponsor for the application of the criteria and accepts results.
Prizes: One (1) Winner (“Winner(s)”) of the $3000 Family Cash Prize (“$3000 Prize”) will be selected by the Sponsor on or about January 5, 2025. Additionally, five Winners of one year (“Service Prize”) of Gabb cellular service (“Service”) to begin on February 1, 2025, through January 31, 2026. Monthly Service may not be actualized in cash. If the Entrant has more than one line on their account, the Service Prize will cover the most expensive line. If a Winner of a Service Prize discontinues cellular service, the remainder of the Service Prize is forfeited and may not be actualized as cash. Winners will be notified by Sponsor 30 days prior to the end of Service Prize to choose to continue or discontinue monthly Service. Failure to notify Sponsor will result in deactivation of Service.
Criteria: NO PURCHASE OR PAYMENT NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCE OF WINNING.
A panel of Sponsor employees will vote to determine the Winner based on the following criteria: a. Video quality and b. Entertainment value. Entrant agrees upon Participation to the criteria in its entirety and forfeits any dispute or claim against the Sponsor for the application of the criteria and accepts results. The potential Winners will be emailed within (10) days of the completion of the contest period and such notification will direct them on how to redeem each prize. The potential Winners will be required to sign and return to Sponsor, within five (5) days of the date the winning notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim a prize, as well as IRS form W-9. If a potential Winner cannot be contacted or fails to sign and return the Affidavit and W-9 within the required time period, the potential Winner forfeits the prize in entirety. Potential Winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential Winner is disqualified for any reason, Sponsor will award the prize to an alternate Winner by random drawing from among all remaining eligible entries. The Winner of the $3000 cash prize agrees to submit IRS form W-9 and will receive from the Sponsor a IRS 1099.
Winner Notification: Winners will be notified within ten (10) business days from the conclusion of the Promotion by a message, and/or via e-mail. Potential Winners will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Potential Winners will have five (5) business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability and Publicity release. If a potential Winner cannot be contacted, does not respond to such notification within five (5) business days of attempted notification or any other time period specified, does not meet the stated eligibility requirements, refuses the prize, or is ineligible to accept the prize, or fails to claim the prize as directed, or is otherwise not in compliance with these Official Rules, such potential Winner will be disqualified and Gabb reserves the right to randomly select an alternate Winner from the remaining eligible entries received (for a sweepstakes), or to select the runner-up from the remaining eligible Submissions (for a contest) for the applicable Promotion. Sponsor’s decisions concerning selection of Winners, as well as all other matters relating to any Promotion, are final and binding. By entering the Promotion, you agree that Winners’ names may be shared to Gabb’s customer and prospective customer email lists and social channels, including but not limited to Instagram and Facebook.
Release: By receipt of any prize, Winner agrees to release and hold harmless the Social Platform, Sponsor, its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of Participation in the Contest or receipt or use or misuse of any prize.
Release of Meta: Entrants acknowledge upon Participation their complete release of Meta, including Facebook and Instagram, and acknowledge that the Promotion is in no way sponsored, endorsed or administered by, or associated with, Meta, including Facebook and Instagram.
Publicity: Subject to applicable law, winner irrevocably grants the Sponsor Entities, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their and their children’s name, voice, likeness, state of residency, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize to the winner.
Ownership of Entries: By submitting an Entry, each Entrant agrees Sponsor shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to exploit, edit, modify, post, disseminate, create derivative works of, distribute and otherwise use the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media platforms now known or hereafter devised (including, without limitation, on Sponsor’s websites, media distribution, and Social Platforms), in perpetuity without compensation or notification to, or permission from, Entrant or any third party.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion, without prior notice. In the event Sponsor is prevented from awarding the prize or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware,software, or Social Platforms; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted by any Social Platform, Entrant’s sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. Sponsor is not responsible for typographical or other errors in the offer or administration of this contest including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of Winners, or the distribution of any prize. Sponsor is not liable for lost, late, stolen or misdirected entries via email or on Social Platforms. The Released Parties: (1) make no warranty, guaranty or representation of any kind concerning any prize; (2) disclaim any implied warranty; and (3) are not liable for injury, loss, or damage of any kind resulting from the acceptance or use of any prize, travel related thereto or from participation in this Contest. By entering this Contest Entrant agrees to be bound by these Official Rules and all decisions of the judging organization. If any activity relating to any prize is canceled or postponed for any reason, the balance of that prize will be awarded in full satisfaction of prize award.
Disputes: Except where prohibited, Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by The United States District Court for the District of Utah; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Utah without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.
TAMPERING WITH SWEEPSTAKES: The Sponsor Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Entrant’s Personal Information: By entering the Contest, Entrant agrees Sponsor may contact him/her via direct message to the drawing regarding the Contest and agrees to provide an email address so the Sponsor can send an Affidavit. Except as noted in these rules, personal information collected from Entrant shall be used by the Sponsor only for the purpose of administration of the Contest, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless Entrant has elected to receive additional information and promotional material from Sponsor or a third party. By entering the Contest, you agree to be subject to Gabb Wireless, Inc. Privacy Policy at gabb.com/privacy-policy/.
Winner List: The Winners’ names can be obtained by emailing social@gabb.com with the subject line “List of Winners – Gabb Holiday Unboxing Contest 2024.” Requests must be received within four (4) weeks after the end of the Entry Period.
Gabb Holiday Shopping Spree 2024 Official Rules, Terms & Conditions
Sponsor: Gabb Wireless, Inc., 2701 N Thanksgiving Way, Lehi, UT 84043 (“Sponsor”).
Eligibility: The Gabb Holiday Shopping Spree 2024 (the “Giveaway” and/or “Promotion”) is open only to legal residents of the contiguous United States, Alaska, Hawaii, and the District of Columbia who are at least twenty-one (21) years old at the time of entry (each, an “Entrant”). An Entry constitutes participation (“Participation”) in the Giveaway. Employees of Sponsor, its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Giveaway is subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes Entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Giveaway. Winning a prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited.
Official Rules: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
VOID WHERE PROHIBITED BY LAW.
AFFIDAVIT OF ELIGIBILITY AND LIABILITY, PUBLICITY RELEASE, AND CONSENT TO BEGIN SERVICE IS REQUIRED FOR ANY PRIZE.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
ODDS: Odds of winning will depend upon the total number of eligible entries received during the Entry Period.
Entry Period: The Giveaway begins at 12:00 a.m. MDT on Nov 1, 2024, and ends at 11:59 p.m. MST on December 15, 2024 (the “Giveaway Period”). To be eligible, submissions must be received during the Giveaway Period. Sponsor’s computer is the official time-keeping device for the Giveaway. Sponsor is not responsible for entries that are late, lost, stolen, misdirected, non deliverable or illegible due to any reason whatsoever.
How to Enter: NO PURCHASE OR PAYMENT NECESSARY TO ENTER. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE THE CHANCE OF WINNING.
To enter, you must either (A) first share your Refer-a-Friend code (“Code”), which is the parent’s telephone number associated with your account. Each time your Code is used, you will receive (1) entry into the Giveaway, or (B) to enter without purchase send a single email entry (“Email Entry”) to: contests@gabb.com with your complete name, address, city, state, zip code, month/year of birth, and email address. Email Entries must be sent and received during the Sweepstakes Period. Not responsible for lost, late, or misdirected Entries, or Entries not received in time for the random drawing. Limit one (1) Email Entry per person. All Entries become the property of Sponsor. They will not be returned or acknowledged. Entries are void if they are in whole or in part incomplete, illegible, irregular, altered, counterfeit, produced in error, or obtained through fraud or theft. Sponsor may disqualify any Entry for any reason, including if it is determined that the Entry fails to conform to these official rules in any way or otherwise contains unacceptable content. Sponsor is under no obligation to disclose why an Entry has been disqualified. Entrant agrees to the criteria in its entirety and forfeits any dispute or claim against the Sponsor for the application of the criteria and accepts results. LIMIT: One (1) entry per person/household during the Entry Period. If a dispute arises regarding who submitted an on-line entry, the entry will be deemed submitted by the authorized holder of the e-mail account submitted with the entry. As used herein, the “authorized holder of the e-mail account” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Multiple entrants are not permitted to share the same email address. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Additionally, automated entries, entries which use or in any way incorporate artificial intelligence or any other simulation of human intelligence or process through the use of a machine or computer system (collectively, “Artificial Intelligence”), either in the creation or submission of the entry or as a part of any entry, and/or third-party entries are prohibited. Any entry that was created by using, or in any way incorporates, Artificial Intelligence, or that was created or made by a third party, will be void, and the entrant who submitted such an entry may be disqualified at Sponsor’s sole discretion. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries submitted by entrants who do not meet the eligibility requirements (in
Prizes: Three (3) winners (“Winner(s)”) of the $1000 Gabb Holiday Shopping Spree (“Prize” and/or “$1000 Prize”) will be selected randomly by the Sponsor on or about January 5, 2025.
Rules: The potential Winners will be emailed within (10) days of the completion of the Giveaway period and such notification will direct them on how to redeem each prize. The potential Winners will be required to sign and return to Sponsor, within five (5) days of the date the winning notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) in order to claim a prize, as well as IRS form W-9. If a potential Winner cannot be contacted or fails to sign and return the Affidavit within the required time period, the potential Winner forfeits the prize in its entirety. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the prize to an alternate winner by random drawing from among all remaining eligible entries. The winners of the $1000 cash prizes agree to submit IRS form W-9 and will receive from the Sponsor a IRS 1099.
Winner Notification: Winners will be notified within ten (10) business days from the conclusion of the Promotion by a message, via e-mail. Potential winners will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a publicity release and/or provide other personal or tax information. Potential winners will have five (5) business days to provide all such information and to execute and return the Affidavit of Eligibility, Liability and Publicity release. If a potential Winner cannot be contacted, does not respond to such notification within five (5) business days of attempted notification or any other time period specified, does not meet the stated eligibility requirements, refuses the Prize, or is ineligible to accept the Prize, or fails to claim the Prize as directed, or is otherwise not in compliance with these Official Rules, such potential Winner will be disqualified and Gabb reserves the right to randomly select an alternate Winner from the remaining eligible Entries received (for a sweepstakes), or to select the runner-up from the remaining eligible Entries. Sponsor’s decisions concerning selection of Winners, as well as all other matters relating to any Promotion, are final and binding.
Release: By receipt of any Prize, Winner agrees to release and hold harmless the Sponsor, its respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of Participation in the Giveaway or receipt or use or misuse of any prize. By entering this Sweepstakes, entrant accept and agree to abide by these privacy policies and terms of use.
Publicity: Subject to applicable law, winner irrevocably grants the Sponsor Entities, and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their and their children’s name, voice, likeness, state of residency, and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any compensation, obligation, notice or consideration except for the awarding of the prize to the winner.
Ownership of Entries: By submitting an Entry, each Entrant agrees Sponsor shall have a perpetual, irrevocable, assignable, royalty free, fully paid-up license to exploit, edit, modify, post, disseminate, create derivative works of, distribute and otherwise use the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media platforms now known or hereafter devised (including, without limitation, on Sponsor’s websites, media distribution, and Social Platforms), in perpetuity without compensation or notification to, or permission from, Entrant or any third party.
General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Giveaway, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Giveaway, as determined by Sponsor in its sole discretion, without prior notice. In the event Sponsor is prevented from awarding the prize or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Giveaway. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. By entering this Sweepstakes, entrant accept and agree to abide by these policies and terms of use.
Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Giveaway; (2) technical failures of any kind including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware,software, or Social Platforms; (3) unauthorized human intervention in any part of the entry process or the Giveaway; (4) technical or human error which may occur in the administration of the Giveaway or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Giveaway or receipt or use or misuse of any prize. If for any reason an Entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted by any Social Platform, Entrant’s sole remedy is another entry in the Giveaway, provided that, if it is not possible to award another entry due to discontinuance of the Giveaway, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. Sponsor is not responsible for typographical or other errors in the offer or administration of this Giveaway including, but not limited to, errors in advertising, the Official Rules, the selection and announcement of Winners, or the distribution of any prize. Sponsor is not liable for lost, late, stolen or misdirected entries via email or on Social Platforms. The Released Parties: (1) make no warranty, guaranty or representation of any kind concerning any prize; (2) disclaim any implied warranty; and (3) are not liable for injury, loss, or damage of any kind resulting from the acceptance or use of any prize, travel related thereto or from participation in this Giveaway. By entering this Giveaway Entrant agrees to be bound by these Official Rules and all decisions of the judging organization. If any activity relating to any prize is canceled or postponed for any reason, the balance of that prize will be awarded in full satisfaction of the prize award.
TAMPERING WITH SWEEPSTAKES: The Sponsor Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity, or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing malfunction, error, disruption, or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral, or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
Disputes: 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, and exclusively by the United States District Court The United States District Court for the District of Utah; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Giveaway, but in no event attorneys’ 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of Utah without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah.
Entrant’s Personal Information: By entering the Giveaway, Entrant agrees Sponsor may contact him/her via direct message to the drawing regarding the Giveaway and agrees to provide an email address so the Sponsor can send an Affidavit. Except as noted in these rules, personal information collected from Entrant shall be used by the Sponsor only for the purpose of administration of the Giveaway, and will not be re-used, sold or shared in any manner by Sponsor or any third parties unless Entrant has elected to receive additional information and promotional material from Sponsor or a third party. By entering the Giveaway, you agree to be subject to Gabb Wireless, Inc. Privacy Policy at gabb.com/privacy-policy/.
Winner List: The Winners’ names can be obtained by emailing contests@gabb.com with the subject line “List of Winners – Gabb Holiday Shopping Spree 2024.” Requests must be received within four (4) weeks after the end of the Entry Period.
MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.
