An independent fan fantasy project. Not affiliated with or endorsed by Phish or any featured artist. Votes do not determine any artist's setlist.

These Terms govern your use of The Costume Ballot (the "Site"). The Site is operated by Cryptoes LLC (the "Operator"), reachable at [email protected]. By creating an account or casting a counted vote, you agree to these Terms and to the Privacy Policy, the Voting Rules, and the Copyright Notice. If you do not agree, do not use the Site. Terms version: 1.

1. What the Site is

The Site is a fan-run game. You can rank songs, albums, and ideas for a hypothetical Halloween show, nominate additions, and build and share a dream show. It is entertainment. Rankings reflect the choices of the people who used the Site.

2. No affiliation

The Site is an independent fan project. It is not affiliated with, sponsored by, or endorsed by Phish, its members, its management, or any artist named on the Site. Names of bands, songs, and albums appear to identify the music. Votes on the Site do not determine any artist's setlist.

3. Eligibility and age

The Site is a general audience service intended for people who are 13 or older. Do not create an account if you are under 13. If the Operator learns that an account belongs to a person under 13, the Operator will close it and delete the associated personal data, subject to the limits stated in the Privacy Policy.

4. Accounts

You can sign in with Google or with a one-time code sent to your email address. You are responsible for activity under your account and for keeping your email account secure. Give accurate information. Keep one account for yourself. Creating additional accounts to gain extra treats or influence rankings is not allowed.

You choose a public handle. Your handle appears with your nominations, shows, and other public activity. Your email address is private. Do not use your real name, an email address, or another person's name as a handle if you want to stay private. The Operator may change or remove a handle that is offensive, misleading, or impersonates someone.

5. Treats and voting

Each account receives 10 treats per calendar month, counted in Eastern time. You may place 1, 3, or 5 treats on a pick. Unused treats do not carry over. The full rules are on the Voting Rules page. The Operator decides the rules, may correct errors, and may adjust or reverse votes that break the rules.

One budget per account does not verify that each voter is a separate person. The Site does not promise one person, one vote. The Operator uses reasonable measures against abuse but does not guarantee that rankings are free of manipulation.

Treats have no cash value. The Site does not allow them to be bought, sold, traded, or transferred. There are no prizes, wagers, or payments connected to voting.

6. Your content and license to the Operator

Your content includes nominations, pitches, show titles and descriptions, handles, and reports. You keep whatever rights you hold in your content. You give the Operator a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and adapt your content as needed to run the Site, including showing public shows through a share link and correcting metadata. This license continues for content that other people cloned or that was shared before you deleted it, to the extent those copies were lawfully made under these Terms, and ends for your other content when you delete it or your account, subject to reasonable backup cycles and the retention periods in the Privacy Policy.

Post what you wrote yourself or have the right to post. Do not upload music, recordings, lyrics, album artwork, band photographs, or logos. The Site accepts text only.

7. Conduct

Do not do any of the following:

• Harass, threaten, or use slurs against people, or publish another person's private information.
• Impersonate a person, band, or organization.
• Post spam, advertising, or links intended to mislead.
• Buy, sell, trade, or offer anything of value for votes.
• Use scripts, bots, multiple accounts, or other means to gain extra treats or to disrupt the Site.
• Probe, scan, or attempt to break the Site's security, or read data that is not yours.
• Post content that infringes another person's rights or breaks the law.

Disagreeing about music is welcome. Abuse aimed at people is not.

8. Moderation, enforcement, and appeals

The Operator may remove content, merge duplicate nominations, correct metadata, adjust or reverse votes, limit features, suspend an account, or close an account when content or conduct appears to break these Terms or the law. Where practical, the Operator will tell you what action was taken and why, using the email address on the account. Notice may be delayed or withheld when giving it could harm an investigation, another person, or the Site.

Moderators do not privately add votes or boost rankings.

To appeal, write to [email protected] within 30 days of the notice and explain why you believe the decision was wrong. A different reviewer will look at the appeal when one is available, and the Operator will reply in writing. The Operator's decision after appeal is final for purposes of the Site, without limiting any rights you have under law. Copyright complaints follow the separate process on the Copyright Notice page.

You may report content from the Site. Reports are reviewed by a person. Reporting does not guarantee removal.

9. Third-party data and links

Facts about Phish performance history come from public sources, chiefly Phish.net, and are credited and linked to their sources. The Site does not republish setlists. Where history has not been checked, the Site says so. Links to phish.com, Phish.net, and other sites go to third parties that have their own terms and privacy practices. The Operator does not control them.

Nothing on the Site is licensed audio, artwork, or lyrics. The Site does not offer recordings or lyrics, and it does not claim rights in any artist's work.

10. Ownership of the Site

The Site's original text, design, graphics, and software belong to the Operator or its licensors and are protected by law. You may use the Site for personal, non-commercial purposes. Do not copy or resell the Site or its rankings in bulk without written permission. Sharing links, and quoting short portions with credit, is fine.

11. Availability and changes

The Site is provided as a preview or hobby service. It may be unavailable, may change, and may be discontinued. The Operator may reset or correct data to fix errors. If the Site closes, the Operator will try to give notice on the Site.

12. Disclaimers

The Site is provided "as is" and "as available." To the fullest extent the law allows, the Operator disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement. The Operator does not promise that rankings, history facts, or metadata are complete or accurate. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

13. Limitation of liability

To the fullest extent the law allows, the Operator is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost data or profits, arising from your use of the Site. Nothing in these Terms limits liability that the law does not allow to be limited.

14. Termination and account deletion

You may stop using the Site at any time and may delete your account from the account page or by writing to [email protected]. The Operator may suspend or end your access for the reasons in Section 8. Sections that by their nature should continue, including the content license as described in Section 6, disclaimers, limits of liability, and the dispute terms, continue after termination.

15. Changes to these Terms

The Operator may update these Terms. The current version and its effective date appear on this page. If a change is material, the Site will ask you to accept the new version before your next counted vote. Continued use after a non-material change means you accept it.

16. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. A dispute that the parties do not resolve informally will be brought in the state courts located in Bucks County, Pennsylvania, or in the United States District Court for the Eastern District of Pennsylvania, and you and the Operator consent to the jurisdiction of those courts. These Terms do not require arbitration and do not waive any right to bring a claim in court that the law does not allow to be waived.

17. Contact

Operator: Cryptoes LLC. Mailing address: 1200 Veterans Hwy, Ste B-3, Bristol, PA 19007. General contact: [email protected]. Privacy contact: [email protected]. Copyright notices: see the Copyright Notice page.