TERMS AND CONDITIONS
“GENESEE FOR ‘23”
* MUST BE 21 YEARS OF AGE OR OLDER TO VOTE *
TERMS & CONDITIONS:
The GENESEE FOR ‘23 voting (“Flavor Vote”) begins at 12:00:01 AM Eastern Time ("ET") on February 17, 2023 (“Start Date”) and ends at 11:59:59 PM ET on March 31, 2023 (“End Date”) (“Flavor Vote Period”). You must be 21 or older to vote in the Flavor Vote. The Flavor Vote is sponsored by Genesee Brewing Company, Rochester, NY (“Sponsor”). By participating, Voters agree to these Official Terms & Conditions and the decisions of the Sponsor.
An eligible participant (“Voter”) may cast their vote electronically at geneseebeer.com/geneseefor23 (the “Website”) or in person at times and locations designated by Sponsor. Limit of one (1) vote per person regardless of method of voting. Sponsor will not verify to Voters the receipt of votes. Votes made using an automated entry device of any kind will be automatically disqualified without notice. Eligible votes must be received by the close of the Flavor Vote Period.
Via Web: To enter online, Participants must visit the Website during the Flavor Vote Period and follow the online directions to submit his/her date of birth and vote for a New Flavor. A purchase is not required to vote for a New Flavor. Then, Participants must follow the online directions to submit his/her first and last name, email address, and click on the “Vote” button. After successful completion of the above steps, Participants will have successfully voted. All votes must be received during the Flavor Vote Period. If the Participant is participating in the Flavor Vote via a mobile device, message and data rates may apply. The Participant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this method of voting.
CONDITIONS:
There is a limit of one (1) vote per person. By participating, Participants agree to waive any right to claim ambiguity in regard to the mechanics of the Flavor Vote or the interpretation of the Terms & Conditions. Personal information provided to participate in the Flavor Vote is subject to Sponsor’s Privacy Policy found at www.fifcousa.com/privacy-policy. This is a vote and is NOT a contest or sweepstakes, as such there is no prizing being awarded to any Voter. Sponsor reserves the right to select the winning New Flavor regardless of the voting outcome. By casting a vote Participant does not gain any interest whatsoever in the winning New Flavor or any other flavor in the Flavor Vote.
PARTICIPANTS WARRANTY AND RELEASE:
Each Participants warrants that he/she is 21 years of age or older and is eligible to participate in this Flavor Vote and has the legal capacity to agree to the terms of these Official Rules.
LIMITATIONS ON LIABILITY:
Sponsor and its agents and their respective officers, directors, and employees are not responsible for lost, late, delayed, inaccurate, incomplete, or misdirected votes, or for any electronic, network, or computer, or phone failures or malfunctions, lost or unavailable network connections, or failed, incomplete, garbled or delayed transmissions that may limit a user’s ability to participate in this Flavor Vote, or for any other hardware, software, or technical errors of any kind including any injury or damage to any person’s electronic equipment related to or resulting from participating in the Flavor Vote, or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, phone, network, typographical, printing or otherwise, relating to or in connection with the Flavor Vote, including, without limitation, errors or difficulties which may occur in connection with the administration of the Flavor Vote, the processing of votes, or with respect to any Flavor Vote-related materials. All votes become the property of the Sponsor. Headings are provided for convenience only. Participants agrees to indemnify, and hold harmless the Sponsor and its parent companies and affiliates and their respective directors, officers, employees, and agents, from any claims due to any injuries, damages or losses incurred by the Participants, or caused by the Participants, (including death) resulting in whole or in part from attendance at any Flavor Vote-related event, or participation in the Flavor Vote. The Flavor Vote is subject to all applicable federal, state and local laws. Any person attempting to defraud or in any way tamper with the mechanics or logistics of this Flavor Vote will be declared ineligible and may be prosecuted. If, for any reason, the Flavor Vote is not capable of being conducted as planned because of tampering, intervention, fraud, technical failures, or any other reason (each an “Intervening Cause”), which affects the security, fairness, or proper execution of the Flavor Vote, Sponsor reserves the right to modify or cancel the Flavor Vote. Void wherever prohibited or restricted by law.
DISPUTE RESOLUTION:
Any disputes regarding this Flavor Vote shall be governed by New York State law and resolved in State or Federal court located in Erie County, New York. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred but in no event attorneys’ fees. Participants waives any claim for punitive, incidental, and consequential damages. BY PARTICIPATING, EACH VOTER UNDERSTANDS AND AGREES THAT HE/SHE MAY BRING A CLAIM AGAINST THE RELEASED PARTIES ON AN INDIVIDUAL BASIS ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
SPONSOR:
Genesee Brewing Company, Rochester, NY is the sole Sponsor of this Flavor Vote. Any trademarks or trade names used are the property of their respective owners and are used for purposes of Flavor Vote description only.
