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ROC The Falls Poster Contest Rules

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN

ELIGIBILITY: The Genesee ROC the Falls Poster Contest (the “Contest”) begins at approximately 12:00:01 AM Eastern Standard Time (“EST”) on 07/31/19 (“Start Date”) and ends at 11:59:59 PM EST on 08/26/19 (“End Date”) (the “Contest Period”). The Contest is open to legal US residents of New York who are 21 years of age or older. Employees of High Falls Operating Co, LLC d/b/a Genesee Brewing Company (“Sponsor”), Sponsor’s advertising/promotions agencies, alcoholic beverage licensees, and their respective parent, subsidiary, and affiliated companies, and the immediate family members (children, spouse, parents, siblings) and individuals of the foregoing residing in the same household, whether or not related, are not eligible to participate. By participating, entrants agree to these Official Rules and the decisions of Sponsor.

HOW TO ENTER: To enter the Contest, visit www.geneseebeer.com/rocthefalls/postercontest to submit your design along with your personal information (name, street address (no PO Boxes are acceptable), city, state, zip code, phone number, email address, and date of birth) OR via mail to Genesee ROC the Falls Poster Contest, 79 Perry Street, Suite 200, Buffalo, NY 14203. See design criteria below. The submission of your design and personal information herein constitutes an entry (“Entry”). There is a limit of one (1) Entry per person or email address regardless of method of entry. Submissions in excess of the maximum allowed from any one person or email address will be disqualified.

DESIGN CRITERIA AND CONSIDERATIONS: Entries are to reflect and have relevance to Genesee Brewing Company and incorporate some form of branding, whether through our beer or our logos. Entries should evoke Genesee’s core values of authenticity, loyalty and enjoying life. Genesee has a true commitment to the Rochester community, brewing since 1878. Art entries can also connect to this idea of pride and building meaningful and enduring relationships. See below for design criteria (hereinafter an “Entry”).

Design criteria:

  1. Design must accommodate a 24″ by 36″ poster size.

  2. Submissions should be 300 dpi .jpg or .png format and in portrait orientation.

  3. Artwork must be an original creation that is owned by the entrant and which has not been previously sold, conveyed, or exhibited, or submitted to any other party, including any other contest, and must include Genesee Beer (current or past product imagery and/or logos and name are all acceptable inclusions). Artwork submitted is subject to the terms of these Official Rules. Nothing herein assigns the rights to said trademarks, logos, or trade dress from the registered owner. Use of the marks/logos is limited to creation of new art for the purposes of this Contest which may not be reproduced by entrant for any reason whatsoever. All designs and artwork created pursuant to this Contest will be deemed a work for hire, whether or not such design is selected as the winning entry, and all rights to the design and finished product shall be owned by Sponsor and the entrant shall execute any and all necessary releases and assignments to that effect.

  4. Artwork CANNOT contain any of the following:

    1. Depictions of children or any individual under 21 years of age,

    2. Flags, military crests/banners/insignia, religious symbols or themes,

    3. References or depictions of any names, logos or readily recognizable features of a retailer of alcohol beverages (such as a grocery store, convenience store, restaurant, bar, or any other retail location that sells alcohol beverages);

    4. Any imagery that promotes irresponsible consumption or overconsumption of alcohol,

    5. Content that violates or infringes upon another’s rights, including but not limited to privacy, publicity or intellectual property rights (including, without limitation, trademark or copyright infringement), without permission,

    6. Content that disparages Sponsor or its respective products or services,

    7. Content that is inappropriate, indecent, obscene, profane, hateful, tortious, defamatory, slanderous, controversial or libelous,

    8. Content that displays or promotes illegal drug use, bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual gender or age,

    9. Content that is unlawful, in violation of or contrary to applicable laws or regulations, or

    10. Content in which Sponsor does not wish to associate themselves with, in their sole discretion.

SELECTION OF ENTRIES AND DETERMINATION OF WINNER: The Contest is divided into two rounds.

Round one: Entries collected between 7/31/19 and 8/26/19. At the conclusion of Round One, Sponsor will review each Entry based on Sponsor’s subjective criteria including, but not limited to, creativity, visual appeal, and relevance. Sponsor’s decisions are final. Sponsor, in its sole discretion will select three (3) or more qualifying Entries (each a “Round One Winning Entry”) which will advance to Round Two. (Exact final number of Round One Winning Entries is dependent on the number of eligible entries received and in Sponsor’s sole discretion.)

Round Two: Round Two will take place on 09/06/19 coinciding with the ROC the Falls Event (the “Event”) to be held in Rochester, New York. During Round Two, the eligible Round One Winning Entries will be displayed at the Event where votes will be collected from the public attending the Event. The Round One Winning Entries may also be made available for viewing online at the Contest website. Voting is limited to one vote per person. Persons voting must be 21 years of age or older. At the end of Round Two, the Round One Winning Entry receiving the highest number of votes will be declared the winner (“Winner”); provided, in the event more than one Entry receives the highest number of votes, Sponsor will re-judge such tied Entries and determine the Winner. Subsequently, the Round One Winning Entry receiving the second highest number of votes will be declared the second-place winner (“Second Place Winner”) and the Round One Winning Entry with the third highest number of votes will be declared the third-place winner (“Third Place Winner”) (collectively referred to as “Winners”). The same tie-breaking protocol will be applied to the Second and Third Place Winners if necessary. The Winners will be personally notified as soon as practicable after votes are counted and confirmed as eligible, with a public announcement on the Website shortly thereafter.

PRIZES: The following prize packages (collectively, the “Prizes”) will be awarded:

  1. First Place Winner: $1,000.00 cash prize. (“Grand Prize”)

  2. Second Place Winner: $500.00 cash prize. (“Second Prize”)

  3. Third Place Winner: $250.00 cash prize. (“Third Prize”)

The Approximate Retail Value (“ARV”) of all Prizes is $1,750.00. All costs and expenses not specifically included as part of the Prize are the Winner’s responsibility to pay. Winner is responsible for any tax owed on the prize. Alcohol is not being awarded as a part of the Prize.

CONDITIONS: Entrants must be 21 years of age or older at the time of entry. By entering, (1) the entrant represents that the Entry design is owned by the entrant and is an original creation by the entrant, (2) the entrant conveys all ownership rights, title, and interest in and to the Entry design to the Sponsor (even if the Entry is not selected as the winning Entry) and, through such conveyance, grants Sponsor the perpetual, unlimited, exclusive, worldwide, royalty-free and irrevocable right to use the Entry and all elements embodied therein, including any names, words, designs, and likenesses contained in the Entry, potentially on Sponsor’s products and packaging, in association with any promotional activity or publicity related to the Contest or to Sponsor or its products, and in any media now known or hereafter developed, without further compensation, notification or permission; provided, if consideration is required under New York law to support entrant’s conveyance of the ownership rights conveyed to Sponsor, the entrant agrees that $1.00 is fair and adequate consideration to be paid to the Winner by the Sponsor for such ownership rights. To be eligible, an Entry must meet all criteria as defined above. The entrant’s authorized use of Sponsor’s trademarks, logos, and imagery is limited exclusively for purposes of entering the Contest. No other rights are being granted or licensed by Sponsor to use the respective trademarks, logos, or imagery. Sponsor reserves the right to require proof of permissions in a form acceptable to Sponsor. Failure to provide permissions may result in disqualification of the Entry. Entries that do not meet the criteria set forth herein will be disqualified. By entering, entrants acknowledge that Sponsor may obtain other Entries that are similar or identical in theme, format or other respects to that submitted by the entrant. Entrants acknowledge that Sponsor does not waive any rights to use similar or related ideas, themes, or concepts previously known to Sponsor, or developed by its employees, or obtained from sources other than the entrant. By entering, entrants agree that the Sponsor is not responsible for any unauthorized third-party use of Entries. Entrants specifically acknowledge that by submitting an Entry, the entrant is relinquishing all legal ownership rights to the Entry. The Prize is to be awarded as described with no substitutions. In the event the Winner does not use any portion of the Prize, there will be no reimbursement or compensation provided. If there is any difference between the ARV and the actual value of the Prize as awarded, no refund for the difference will be provided. The Winner may be required, in Sponsor’s discretion, to sign and return an Affidavit or Eligibility and Liability/Publicity Release prior to receiving the Prize. All federal, state and other taxes, if applicable, are the responsibility of the Winner. Sponsor will report the value of the Prize awarded as required by law and the Winner will receive an IRS Form 1099 for prizes valued in excess of $600.00. The Prize is not transferable, not for resale or auction, and has no cash surrender value. The Sponsor reserves the right, in the event that the Prize cannot be awarded for any reason, to substitute another prize, or component of the prize, of equal or greater value, or to award a company check in the amount of the ARV. No purchase is necessary to enter or win the Contest. A purchase will not increase chances of winning. Entrants, by participating in this Contest, hereby waive and release, and agree to hold harmless the Sponsor and its affiliated, parent, and subsidiary companies and the directors, officers, employees, and agents of each (collectively the “Released Parties”), from and against, any claim for injuries (including death) loss, or damage, arising in whole or in part, from the acceptance, possession, use or enjoyment of the Prize, participation in the Contest, or in any Prize-related activity. By participating in the Contest, entrants agree to be bound by the Official Rules, (including the conveyance of ownership rights of the winning Entry to Sponsor), and the decisions of the Sponsor, which are final. Winner agrees that the Sponsor and its related and affiliated companies may use the Winner’s name, address (city, state), photograph, likeness, and/or statements made by or attributed to the Winner relating to Sponsor or to the Contest for advertising, publicity and promotional purposes in any and all media now or hereafter known, worldwide in perpetuity, without further notice, permission and/or compensation.

LIMITATIONS OF LIABILITY: Sponsor and its affiliated companies, advertising, promotion or production agencies and all of their respective officers, directors, representatives, agents and employees are not responsible for lost, late, delayed, inaccurate, incomplete, or misdirected votes, or for electronic, network or computer failures or malfunctions, or 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, participation in the Contest or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of Entries or votes, voting, or in any Contest-related materials. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) in its discretion and at any time for any reason and to not select a winning Entry or to award a Prize. In the event a dispute arises regarding an Entry submitted electronically, the Entry will be deemed to have been made by the authorized email account holder who is defined as the natural person who was assigned the email account from which the Entry was received. The Contest is subject to all applicable federal, state and local laws. Headings are provided for convenience only. Sponsor will not acknowledge receipt of any Entry. Sponsor is not responsible or liable for any loss, damage, inconvenience, or loss of time arising out of any acts, omissions, or negligence, of any person, including, without limitation, transportation carriers and any person providing any service or accommodation in conjunction with any component of the Prize awarded in the Contest, or for delays and cancellations including, but not limited to those resulting from mechanical breakdown, closings, strikes, government action, inclement weather, or Acts of God. Information provided to participate in the Contest is subject to Sponsor’s Privacy Policy which can be found at www.fifcousa.com/privacy. Void wherever prohibited or restricted by law.

DISPUTE RESOLUTION: Any disputes regarding the Contest shall be governed by New York law and resolved in courts sitting 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 attorney fees. BY PARTICIPATING, THE ENTRANT AGREES TO WAIVE ANY RIGHTS TO BRING A CLAIM AGAINST THE RELEASED PARTIES AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND WAIVES ANY AND ALL CLAIMS FOR PUNITIVE, INCIDENTAL, AND CONSEQUENTIAL DAMAGES.

WINNER’S LIST: For the name and address (city and state) of the Winner, send a written request within forty-five (45) days of the End Date to: Genesee ROC the Falls Poster Contest Winners List, 79 Perry Street, Suite 200, Buffalo, New York, 14203.

SPONSOR: Genesee Brewing Company, Rochester, New York is the Sponsor of this Contest. Any trademarks or trade names used are property of their respective owners.

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