UNBELIEVABLE! REWARDS® Rules and Condition

THESE RULES AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Participation in the UNBELIEVABLE! REWARDS® program constitutes your acceptance of these Rules and Conditions. If you do not agree to all of these rules and conditions, do not participate in this program.

Eligibility

Membership in the UNBELIEVABLE! REWARDS® program (or the “Program”) is open to individual U.S. residents of the 50 States, who are at least 18 years of age, who provide and maintain a valid e-mail address. By joining the Program, you represent that you are at least 18 years of age or older. If you are between 18 and the age of majority (as determined by your state law), you agree that you have obtained permission from your parent or legal guardian to be a member of the Program. Members acknowledge that from time to time, they may be required to provide proof of eligibility in the Program by photo ID, or similar. Resellers are not eligible to participate in the Program.

Gabe’s in its sole discretion reserves the right to confirm eligibility. Registrations determined to be incomplete, reproduced, falsified, altered, or tampered with in any way will be terminated. Participation in the Program constitutes a member’s full and unconditional agreement with these Rules, which are final and binding in all matters related to the Program. Any registration submitted with an invalid mail or email address will be terminated. Each member must register on his/her own behalf. Any registration submitted on behalf of another individual or using another person’s telephone number or email address will be terminated. No mechanically reproduced or automated entries permitted.

GETTING STARTED

There are four (4) ways to enroll in the Program, and best of all, membership is free!

The first way to enroll is to visit a Gabe's store:

    • Tell your cashier at checkout that you would like to enroll in the UNBELIEVABLE! REWARDS® Program, give them your email address, and the cashier will provide you with your membership card.

The second way to enroll is on the Gabe’s website:

    • Go to GabesStores.com

    • Select the “UNBELIEVABLE! REWARDS®” tab, and go to “Sign up”. You will need to complete the form including accepting the terms and conditions of the Program and enter your email address.

    • Your membership card will be emailed to you within 24 hours.

The third way to enroll is through our app:

    • Go to your app store (Apple Store or Google Play Store) and Download the Gabe’s APP.

    • Then follow the prompts to complete sign-up.

The fourth way to enroll is to text JOIN to 42237 (Gabes):

    • Text JOIN to 42237 and follow the message prompts to confirm your sign up.

EARNING POINTS

Once you have activated your account, you can start earning points whenever you present your UNBELIEVABLE! REWARDS® membership card for eligible purchases at Gabe's, Gabriel Brothers Inc. stores.

    • For each dollar you spend, you will earn 1 reward point.

    • For every 50 reward points you accumulate during the year, you will earn a $5.00 off reward coupon that can be applied towards a future purchase of $25. Your purchase must meet the minimum spend requirement stated on the reward coupon and redeemed prior to expiration. All coupons expire within 30 days of issuance.

    • Points earned will expire annually, resetting on Jan 1 of the following year.

    • Annual qualifying merchandise spend determines your tier-status in the program, but by signing up you will automatically be designated into your tier based on qualifying purchases made. At $0 in annual spend, you are an Insider. At $300 in annual spend, you qualify for VIP status and at $900 annual spend, you qualify for MVP status. Once status is reached in a calendar year, it is secured for the remainder of that calendar year.

      • For example, if you spend $300 by May 31, 2023 and $900 by October 31, 2023, you will have VIP status from June 1, 2023 through October 31, 2023. From November 1, 2023 through December 31, 2023, you will have MVP status. You will need to spend $900 in 2024 to re-earn MVP status for 2024.

In all cases:

    • Any individual purchase can only be applied once towards earning points to a reward.

    • A maximum of 30 reward coupons can be earned, based on a customers annual spend each calendar year. Gabe’s may elect to award additional coupons for birthdays or other occasions.

    • You may redeem 1 reward coupon per minimum purchase as stated on the reward coupon. In a single transaction, you may redeem up to 5 reward coupons, provided that the minimum purchase value is met for each coupon. For example, if you wish to use two $5 off $25 coupons, you will need to have a subtotal purchase amount of $50 pre-tax.

    • There is no limit to the number of points you can earn per day. However, you may only earn up to 5 coupons per transaction. Your points will always accumulate to your annual tier status based on your annual spend.

    • Rewards cannot be redeemed the same day they are earned. Unless noted otherwise on the Reward receipt, each Reward will expire thirty (30) days from the day following issuance. For example, a reward issued on March 25, it will be valid starting March 26 and expire 30 days after March 26, and no longer be valid.

MORE ABOUT POINTS

You must identify yourself as a member of the UNBELIEVABLE! REWARDS® Program at the point of sale for you to receive points for your purchase and use your rewards number associated with your account. Points are based on dollars spent on qualifying purchases. All merchandise purchases qualify under the Program. Sales tax and Gift Card sales do not qualify for points under the UNBELIEVABLE! REWARDS® Program. Points will post to your UNBELIEVABLE! REWARDS® account instantly, but no later than within 24 hours of your purchase date. If an item is returned, points will be deducted from your unbelievable! rewards® membership equal to the amount of points earned for the applicable amount of that purchase. Points will be earned by only one UNBELIEVABLE! REWARDS® membership per transaction. Membership cards, points, and rewards have no cash value. You cannot give or transfer your membership, membership card, points or rewards to anyone else. Other restrictions or exclusions may apply. Points earned for the current purchase and for all points accumulated for the year are printed at the bottom of your transaction receipt.

MORE ABOUT UNBELIEVABLE! REWARDS® (“Rewards”)

Every point earned in the Program is applicable towards Rewards. Rewards are discounts off future purchases at Gabe’s retail store locations and may only be redeemed for a discount off minimum purchase amounts as stated on the receipt.

Rewards will print out on at the bottom of your receipt for the transaction in which you earn the reward. These may not be used the same day they are earned but after 24 hours.  In addition, a follow-up email is sent to the email address we have on file to provide you with the option of printing your reward for later redemption. If you have the Gabe’s App and have signed into your membership account, coupons will load onto your app within 24 hours. To redeem your UNBELIEVABLE! REWARDS®, on a future purchase you will present your Reward to the cashier, who will then have you verify your membership by, for example, presenting your membership card, presenting valid identification, presenting your app or by verifying your telephone number or e-mail address.

Rewards are non-transferable and may only be used by the member to whom it was issued. Rewards may not be used in conjunction with other discounts or promotional offers toward the purchase of products (with the exception of clearance items), pursuant to the minimum purchase amount stated on the receipt. Rewards have no cash value. Rewards may be used only once. Rewards expire at 11:59 pm Eastern Time on the expiration date shown on the Reward receipt.

RECOVERY OF POINTS

If at the time of purchase, you do not have your membership card, you can provide your phone number or email address to the cashier, sign in to your account on the GabesStores.com Website, or sign in to your app, to receive credit for your purchase. If you make a purchase and did not provide your UNBELIEVABLE! REWARDS® membership card at the time of purchase, you may request a recovery of points within 30 days of the purchase by calling customer service at 1(800)458-6546. You must have your receipt, or no points will be recovered.

ELIGIBLE PURCHASES

UNBELIEVABLE! REWARDS® points will be earned on qualifying merchandise purchased at Gabe’s Points will NOT be earned on Gabe’s Gift Card purchases, but purchases made with Gabe’s Gift Cards are eligible to earn points under the Program. Rewards and other discounts issued through this Program may not be applied toward: i) the purchase of Gabe’s Gift Cards, ii) prior purchases, iii) purchases made for resale, and iv) sales tax. Other exclusions may apply.

PROGRAM BENEFITS

Participation in the Program has benefits such as:

    • Receive a 25-point joining bonus upon sign-up as a program welcome

    • Get UNBELIEVABLE! REWARDS® expiration reminders

    • Be the first to know about new product and brand arrivals

    • Receive early notification of special in-store events

    • Be alerted to exciting contests and promotions

    • Receive early announcements about grand openings

    • Collect a $5 reward on your birthday each year (Starting January 2018 and with the inclusion of your birthday to your profile)

    • Receive an anniversary gift based on your tenure in the Program

    • Receive bonus points for downloading the Gabe’s app

    • Additional benefits related to tiered status, further outlined below

The program offers two elite tiers in addition to the base Insider tier: VIP and MVP. UNBELIEVABLE! REWARDS® members automatically have Insider tier-status upon joining the Program. After reaching $300 in annual qualifying merchandise spend, members reach VIP status the day after status spend has been achieved. After reaching $900 in annual qualifying merchandise spend, members reach MVP status the day after status spend has been achieved.

Members with VIP status may receive the following benefits in addition to those stated above:

    • Earn 50% more points per dollar spend ($1 = 1.5 points)

    • Receive Double Points Days

    • Receive surprise bonuses

Members with MVP status may receive the following benefits in addition to those stated above for both Insider and VIP tiers:

    • Earn 100% more points per dollar spend ($1 = 2 points)

    • Get a $10 birthday coupon

    • Receive extra special offers and promotions–just for them!

MEMBERSHIP STATUS

Members who have no qualifying point activity during any continuous 2 year period (or 24 months) will automatically have their membership expire on the last day of the 24th month of membership inactivity. Memberships may be canceled at any time by notifying customer service by e-mail at customer.service@gabes.net or by phone 1(800)458-6546. If your membership expires, is canceled or otherwise terminated for reasons other than a member’s misconduct or malfeasance, you will receive any rewards you may be eligible for, with any remaining points forfeited.

In situations involving misuse of the Program, we specifically reserve the right to freeze or terminate any memberships or related memberships and stop future redemption of rewards issued from those accounts. Gabe’s reserves the right to terminate your membership for any reason or no reason, in its sole discretion. If at any time your point balance becomes negative, we may immediately cancel or reverse any or all outstanding points and rewards issued from your account.

INELIGIBLE PARTICIPANTS

Merchandise resellers are specifically excluded from the Program. If in the sole discretion of Gabe’s it is determined that you purchase items for resale, we reserve the right to: (i) not award points, (ii) deduct improperly awarded points, (iii) invalidate any improperly issued rewards, (iv) terminate a membership, and (v) decline to open any future UNBELIEVABLE! REWARDS® memberships for people associated with such activity.

COMMUNICATION

Communications about the Program, including any changes, will be communicated by e-mail or on GabesStores.com. You specifically agree to provide and maintain a valid e-mail address and to keep Gabe’s informed of any changes to your e-mail address. You agree to receive communications about the Program, as well as advertising and marketing material from Gabe’s. All Information submitted may be used for marketing and other promotional purposes. As a member of our program, you may receive both informational and promotional communications from us. If you do not wish to receive promotional materials via email, you may opt-out from receiving these at any time using the unsubscribe links provided in our email communications or by clicking here. Click to review our full Privacy Policy. Collection and use of personal information collected in the Program will be in accordance with Gabe’s Privacy Policy as posted on GabesStores.com.

Gabe's may, at any time, modify the Program Rules & Conditions by posting the modified Rules at GabesStores.com. The current set of posted Rules & Conditions as modified shall apply retroactively to all participants in the Program, regardless of when they sign up or begin participating in the Program.

For information about your membership, you may contact customer service via the following methods:

U.S. mail: 
ATTENTION: UNBELIEVABLE! REWARDS®
Gabriel Brothers, Inc.
55 Scott Avenue Morgantown, WV 26508

Email: customer.service@gabes.net

Telephone: 1-800-458-6546

GENERAL INFORMATION

Gabe’s is not responsible for errors in the Program. By participating in the Program, members agree to release and hold harmless Gabe’s and its parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers, and directors, from any and all liability for loss, harm, or damage which may occur in connection with preparation for, or participation in, the Program, and for any claims or causes of action based on publicity rights, defamation, or invasion of privacy. Members acknowledge that Gabe’s has made no warranties, representations or guarantees, express or implied, in fact or in law in relation to this Program.

DISPUTE RESOLUTION & ARBITRATION

IMPORTANT: PLEASE REVIEW THE ARBITRATION PROVISION SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH GABE’S ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

All issues or questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of members or Gabe’s in connection with the Program, 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. You agree that if you have a dispute with Gabe’s about the Program, you will try to resolve the dispute through negotiation with Gabe’s. If agreement cannot be reached after negotiation, you agree to seek resolution through binding arbitration in the State of West Virginia. By entering the Program, all participants consent to the jurisdiction of the State of West Virginia. The Program is subject to all applicable federal, state, and local laws and regulations.

If for any reason, the Program is not capable of running as planned, due to infection by computer virus, malware, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Gabe’s, which corrupts or affects the administration, security, integrity or proper conduct of the Program, Gabe’s reserves the right, at its sole discretion, to disqualify any individual who tampers with the registration or point accumulation process (as applicable), and/or to cancel, terminate, modify or suspend the Program in whole or in part, at any time, without notice and to void all points and rewards. Points are not your property. You acknowledge and agree that you have no ownership rights in points or your UNBELIEVABLE! REWARDS® membership. Gabe’s 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, registrations. Gabe’s is not responsible for any problems with or technical malfunction of any telephone network or telephone lines, on-line systems, servers, or providers. Sponsor disclaims all liability for the inability of an individual to complete or continue a registration due to equipment malfunction, busy lines, inadvertent disconnections, acts beyond Gabe’s control, or otherwise. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, GABE’S RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE EXTENT PERMITTED BY LAW.

Gabriel Brothers, Inc., is responsible for this Program. All questions, comments, and concerns with regard to the Program should be directed to Gabriel Brothers, Inc., 55 Scott Avenue Morgantown, WV 26508, ATTENTION: UNBELIEVABLE! REWARDS® or by customer.service@gabes.net or 1-800-458-6546. Gabe’s®, Gabriel Brothers®, the Gabriel Brothers, Inc. logos, Gabe’s logos, UNBELIEVABLE! REWARDS®, and other logos and associated phrases are the intellectual property of Gabriel Brothers, Inc. This Program is void where and to the extent prohibited by law. Taxes may apply where required by law. THE TERMS AND CONDITIONS OF THE UNBELIEVABLE! REWARDS® PROGRAM AND THESE RULES ARE SUBJECT TO CHANGE WITHOUT ADVANCE NOTICE AND SHALL APPLY RETROACTIVELY TO ALL PARTICIPANTS. Membership Cards are the property of Gabriel Brothers, Inc. All rights reserved. If your membership card is lost or stolen, please call customer service at 1-800-458-6546.

PRIVACY POLICY

The personal information you provide as a member of the Program will be handled according to Gabe’s Privacy Policy. All personal information is treated confidentially, and may be shared with our third-party business partners to provide you with enhanced services. You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please submit a request form by clicking here. You also have the right to opt-out of our sharing of your personal information with our third-party business partners by clicking here. Exercising your options to request to review, update, or delete your personal information or opt-out of our sharing of your personal information with our third-party business partners will not affect your participation in the Program. If you are interested in learning more about Gabe’s privacy practices, please visit GabesStores.com.