Legal and Privacy

LEGAL & PRIVACY

Republic Live Inc. (“Republic Live”) produces the Boots & Hearts Festival (the “Festival”) and manages www.bootsandhearts.com (the “Website”). Thank you for your interest in and support of the Festival and the Website. Your privacy is very important to Republic Live. To better protect your privacy Republic Live provides this notice explaining Republic Live’s online information practices and the choices you can make about the way your information is collected and used. In collecting information, Republic Live’s primary goal is to provide and improve its products and services.

This Privacy Policy describes how Republic Live treats information that it collects and receives related to your use of the Website. This Privacy Policy applies to all information collected or submitted on the Website. Republic Live is committed to protecting the privacy of the Website visitors and customers. The Website uses security measures to protect against the loss, misuse, and alteration of the information under Republic Live’s control. Republic Live stores the information in a database in a secure environment. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Republic Live has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information Republic Live collects online.

Republic Live collects information when you use and access the Website. The information collected includes Personal Information, Contact Data, Message Data, and Traffic Data (collectively, “Customer Information”). “Personal Information” is information about you that is personally identifiable, like your name, address, email address, passwords, home and business addresses, phone numbers, and information that is not otherwise publicly available. “Contact Data” is contact information you’ve developed that you may provide to Republic Live to enhance your use of Republic Live’s products and services. “Message Data” includes the messages sent and received using Republic Live’s services, information about those messages, and your account activity, such as login times and message storage capacity. “Traffic Data” is anonymous information about the nature of your usage of the Website and products and services and can include: IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information. Republic Live, however, cannot guarantee the security of personal information accessible on or transmitted via the Internet.

Republic Live uses Customer Information to enhance your use of the Republic Live services by processing such information for various purposes, including providing information to you about Republic Live’s products and services, formatting and displaying elements of Contact Data and Message Data to you and to those whom you send messages, delivering advertisements and related links, storing your messages, and other purposes relating to offering you Republic Live products and services. Republic Live uses non-identifying and aggregate information to better design the Website and to share with advertisers and Festival-related affiliates and sponsors.

Republic Live may engage a third party to perform functions on Republic Live’s behalf, such as sending newsletters, sending requested postal mail and e-mail and SMS communications, analyzing and processing data, and providing customer service. Republic Live requires that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but Republic Live will not authorize them to use it for other purposes.

Republic Live does not disclose personal information to third parties, except when one or more of the following conditions is true:

  • Republic Live has the individual’s permission to make the disclosure
    • The disclosure is permitted by law or mandatory professional standards
    • The disclosure is reasonably related to the sale or other disposition of all or part of Republic Live’s business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization
    • The personal information to be disclosed is publicly available
    • The party to whom the disclosure is made controls, is controlled by, or is under common control with Republic Live
    • The disclosure is reasonably necessary for the establishment or maintenance of legal claims
    • The disclosure is to persons or entities for whom Republic Live is providing or receiving services, provided the disclosure is consistent with the purpose for which the personal information was obtained

Republic Live may share with third parties certain aggregated, non-personal information and Traffic Data, but such information will not identify you individually

Republic Live may share Customer Information when legally required to do so or at the request of governmental authorities conducting an investigation; or

Republic Live may share your Customer Information with a third party if you have consented to receive information from that third party through registration from a co-branded version of the Republic Live service operated with a third party or through a communication or promotional program of a third party that is enabled by the Republic Live service. Such third parties will handle, store, retain and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. You acknowledge that Republic Live shall have no liability to you for sharing of such information to such third parties and Republic Live disclaims any and all liability relating thereto

If Republic Live desires to use Personal Information for any purposes other than those described in this Privacy Policy, Republic Live will offer you the opportunity to opt out of such use of your Personal Information for those other purposes

When you visit the Website, Republic Live may send cookies to your computer that uniquely identify your browser. Republic Live uses cookies to improve the quality of Republic Live’s service by storing user preferences and tracking usage information. At no time does the cookie reveal your name, address, or e-mail address (even if you have entered that information in specific areas of the Website). Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you reject or disable cookies, you may not be able to utilize certain Republic Live products and services or may not be able to access all areas of the site.

Republic Live limits access to Customer Information to Republic Live personnel who need to come into contact with that information to provide products or services to you or in order to do their jobs. Republic Live has physical, electronic, and procedural safeguards to protect the loss, misuse, and alteration of the Customer Information under its control. Customer Information that Republic Live collects is stored in a secure manner that is accessible only by authorized Republic Live personnel and is only disclosed under the provisions of this Privacy Policy.

As a convenience to you, Republic Live may provide links to third-party websites from within Republic Live’s website or Republic Live’s products or services. Republic Live is not responsible for the privacy practices or content of these third-party sites.

Republic Live reserves the right, at its discretion, to change, update or modify this Privacy Policy at any time by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting on the Website and, if required by applicable law, notice to you via the Republic Live service. Please check this policy periodically for changes. Your continued use of the Website and/or any Republic Live products and services following the posting of changes will mean you accept those changes. Use of information that Republic Live gathers is subject to the Privacy Policy in effect at the time of use.

If you become aware that personal information Republic Live maintains about you is inaccurate, or if you would like to update or review your personal information, you may contact Republic Live by using the contact information below. If you have any questions or comments regarding this Privacy Policy or Republic Live’s information collection practices, please contact us by sending an email to info@bootsandhearts.com.

RFID Technology Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
PLEASE DO NOT REGISTER YOUR RFID WRISTBAND IF YOU DO NOT AGREE TO THESE TERMS OF USE.
By registering your Republic Live Inc. (“Republic Live”), 2017 Boots & Hearts Festival (the “Boots & Hearts Festival”) RFID wristband on Republic Live’s Boots & Hearts Festival website (http://registration.intellifest.com/bootsandhearts2017/#/info) or through the 2017 Boots & Hearts Festival smartphone application, and clicking “I agree” on the registration page, you, the RFID wristband holder (“you” or the “Holder”) agree to be bound by the terms and conditions set out below governing the use of the radio-frequency identification technology used for festival entertainment, registration prize, and sponsor activities (the RFID Technology) at the 2017 Boots & Hearts Festival (the “Terms of Use”).
These Terms of Use are issued by Republic Live of 366 Bay St. Suite 1100, Toronto, ON M5H 4B2 and the Holder’s acceptance of them constitutes a legally valid and binding agreement between Republic Live and the Holder.

1. RFID Technology
The RFID Technology is provided by Intellitix Technologies Inc. of 111 Duke (Suite 1600), Montreal, (QC), CAN, H3C 2M1.

A. Although Republic Live will attempt to ensure that RFID Technology is available to Holders at all times during the 2017 Boots & Hearts Festival, the Holder acknowledges and accepts that Republic Live cannot guarantee that this will be the case.

B. Republic Live makes no representation, warranty or guarantee (express or implied) in relation to the fitness for purpose, accuracy, functionality, reliability or completeness of the RFID Technology. Further, the Holder acknowledges and agrees that it may not be commercially viable to continue operating the RFID Technology and that, by the RFID Technology’s nature, it contains and utilizes software and hardware components, and relies upon services, input and facilities which are not within Republic Live’s control. Accordingly, the Holder acknowledges and agrees that the RFID Technology may cease to operate permanently or, from time to time and Republic Live will have no liability, and the Holder will have no recourse or claim, in relation thereto.

2. Registration and Holder Data

A. In order to use the RFID Technology, the Holder will be required to register with Republic Live. As part of that registration process, Republic Live shall gather certain personal data from the Holder including, without limitation, the Holder’s name, age, date of birth, gender, place of residence, email address and such social media information and content that Republic Live requires to enable it to provide the Holder benefits contained in these Terms of Use (for example social media usernames and passwords) (the “Holder Data”). This information will be handled and protected as set out in Republic Live’s Legal and Privacy Policy.

B. The Holder warrants and represents that the Holder Data provided is complete, true and accurate in all material respects and the Holder is fully entitled to provide such Holder Data and permit Republic Live to use the Holder Data as set out herein.

C. Subject to Republic Live’s Terms and Conditions (the latest version of which can be found at: http://bootsandhearts.com/terms-conditions/ and Republic Live’s Legal and Privacy Policy (the latest version of which can be found at: http://bootsandhearts.com/privacy/)) and applicable privacy laws, the Holder further agrees that Republic Live may share Holder Data with its 2017 Boots & Hearts Festival commercial partners (“Commercial Partners”) who may also contact the Holder for marketing purposes, provided that the Holder has used the RFID Technology to interact with the relevant Commercial Partner through participation in that Commercial Partner’s activities at the 2017 Boots & Hearts Festival. Republic Live will not share social media usernames and passwords with any Commercial Partner or third party. If you would prefer that your data not be shared with our Commercial Partners, you may opt-out by visiting info@bootsandhearts.com.

D. Republic Live does not intend that the Holder Data of Holders under the age of thirteen (13) shall be used by Republic Live or Republic Live’s Commercial Partners for marketing purposes. The Holder is hereby reminded to take care when entering date of birth details.

3. Consents

A. If the Holder is under the age of eighteen (18) years old, the Holder must ensure that the Holder has parental or guardian consent to use the RFID Technology (including in relation to the relevant registration process described above)
B. Republic Live reserves the right to request from the Holder evidence of any parental or guardian consent and further retains the right to suspend or cancel any Holder registration where Republic Live reasonably believes that parental or guardian consent has not been provided.

4. Privacy

A. Republic Live’s use of Holder Data shall be governed by these Terms of Use and Republic Live’s Terms and Conditions (the latest version of which can be found at: http://bootsandhearts.com/terms-conditions/ and Legal and Privacy Policy (the latest version of which can be found at: http://bootsandhearts.com/privacy/ In the event of a conflict between Republic Live’s Terms and Conditions and Legal and Privacy Policy and these Terms of Use, these Terms of Use shall prevail
B. Without prejudice to clause 4.A, Holder Data may be used by Republic Live as part of the 2017 Boots & Hearts Festival activities (including, without limitation and by way of example, on giant screens or as part of 2017 Boots & Hearts Festival announcements) in connection with the Holder’s use of the RFID Technology. Accordingly, the Holder must not upload or use any obscene, defamatory or blasphemous materials either as part of the registration process or pursuant to the Holder’s use of the RFID Technology.
C. Notwithstanding clause 4.B, Republic Live reserves the right to suspend or cancel any Holder registration or use of the RFID Technology in the event that the Holder breaches its obligations pursuant to clause 4.B.

5. Holder Benefits

A. By accepting these Terms of Use and registering with Republic Live and the 2017 Boots & Hearts Festival, the Holder will be entered to win the Registration Prizes identified on the 2017 Boots & Hearts Festival website (http://registration.intellifest.com/bootsandhearts2017/#/info), and will be able to use the RFID Technology to participate in activities at the 2017 Boots & Hearts Festival including (without limitation and at Republic Live’s sole discretion):

(i) the automatic/automated posting of messages and photographs to the Holder’s social media accounts (including without limitation, FaceBook, Twitter, YouTube, or Instagram) via the RFID wristband; and
(ii) receiving requested emails about the 2017 Boots & Hearts Festival and Republic Live’s goods and services.
(iii) Republic Live reserves the right to withdraw and/or change the aforementioned Holder benefits (the “Holder Benefits”) at any time without any liability or recourse to it.

6. Social Media

A. Republic Live and its Commercial Partners may make photographers available at the 2017 Boots & Hearts Festival who are equipped with, or otherwise may install automated, RFID-enabled camera equipment which allows digital photographs to be taken and posted to the Holder’s social media accounts or sent to the Holder via email (the RFID Images) These RFID Images may also feature branding of the 2017 Boots & Hearts Festival, or Commercial Partners logos and artwork at Republic Live’s sole discretion.
B. The Holder acknowledges and agrees that Republic Live owns the copyright and any other intellectual property rights in the RFID Images and as such Republic Live and its Commercial Partners may choose to use the RFID Images on their websites, live blogs or social media accounts or otherwise in their sole discretion. To the extent that any copyright or other intellectual property rights remain with the Holder, the Holder hereby assigns any and all copyright and intellectual property rights in and to the RFID Images to Republic Live.
C. By accepting these Terms of Use, the Holder hereby waives any right to inspect or approve the RFID Images or their subsequent use, and hereby waives all moral rights and any right to royalties or other compensation arising from or related to the use of the RFID Images.
D. The Holder hereby releases, defends, indemnifies and holds harmless Republic Live, its management, promoters, participants, performers, artists, the ticketing agency (collectively “Management”), all of their owners, officers, directors, employees, contractors, representatives, affiliates and agents, and Republic Live’s Commercial Partners, and Intellitix, from and against any claims, damages, losses or other liabilities arising from or in connection with the use of the RFID Images including, but not limited to, claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or publication of the RFID Images on social media channels or Republic Live’s or Commercial Partners’ websites, social media accounts or blogs.

7. Liability

A. The Holder acknowledges and agrees that Republic Live, its Management, and all of their owners, officers, directors, employees, contractors, representatives, affiliates and agents, shall bear no liability for any and all losses, claims, liabilities, damages, costs and expenses resulting from or in connection with the use of the RFID Technology, the exercise of the Holder Benefits (or any failure to provide the same) or participation in any of the Registration Prize competitions
B. Subject to clause 7.D, Republic Live, its Management, and all of their owners, officers, directors, employees, contractors, representatives, affiliates and agents shall not be liable to the Holder for any indirect or consequential loss or damage whatsoever, nor for any loss of profits, business, anticipated savings, goodwill or revenue (whether direct, indirect or consequential).
C. Republic Live’s, its Management, and all of their owners, officers, directors, employees, contractors, representatives, affiliates and agents, total aggregate liability to the Holder for all claims arising under or in connection with these Terms of Use regardless of form and whether in contract, tort, warranty or other legal or equitable grounds shall under no circumstances exceed the price of a general admission ticket for the 2017 Boots & Hearts Festival.
D. Nothing in these Terms of Use shall operate to limit or exclude Republic Live’s liability to the Holder for:

(i) death or personal injury caused by the relevant party’s negligence;
(ii) fraudulent misrepresentation; or
(iii) any liability which cannot be excluded or limited by applicable law.

E. The Holder agrees to indemnify Republic Live, its Management, and all of their owners, officers, directors, employees, contractors, representatives, affiliates and agents from and against any and all losses, claims, liabilities, damages, costs and expenses resulting from or in connection with the Holder’s use of the RFID Technology, any breach by the Holder of these Terms of Use or the Holder’s participation in any competition (including the acceptance, possession, use or misuse of any prize awarded in connection with the relevant competition).

8. General

A. Republic Live shall not be liable for any failure to fulfill any of its obligations under these Terms of Use insofar as such failure is due to any event that is beyond the control of Republic Live including, without limitation, war, riot, civil commotion, strikes, governmental control, royal bereavement, lock-outs, fire, flood, storm or other natural catastrophe.
B.Republic Live is entitled, in its sole discretion, to suspend and/or cancel a Holder’s registration, use of the RFID Technology, entry into any Registration Prize competition, and/or any Holder Benefit’s, without notice and to prohibit such Holder from re-registering to use the RFID Technology.
C. If any of the terms of these Terms of Use are determined to be illegal, invalid, or otherwise enforceable then the remaining terms shall continue in full force and effect. These Terms of Use may be amended from time to time by Republic Live in its sole discretion.
D. These Terms of Use (and any non-contractual obligations arising out of them) shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of laws principles, and the Holder and Republic Live agree to submit to the exclusive jurisdiction of the courts of Ontario.

CONTEST RULES & REGS

BOOTS & HEARTS 2017 RFID WRISTBAND REGISTRATION CONTEST
OFFICIAL RULES AND REGULATIONS

TO ENTER the BOOTS & HEARTS 2017 RFID WRISTBAND REGISTRATION contest (the “Contest”) complete and submit your RFID WRISTBAND registration online at www.bootsandhearts.com/register. Registration is mandatory prior to entering the venue. 

  1. Entries will be rejected if Entry is not fully completed and submitted during the Contest Period. In the event of a dispute, Entries shall be deemed to be submitted by the “Authorized Account Holder” of the email address submitted at the time of entry. “Authorized Account Holder” is defined as the natural person who is assigned to an e- mail address by an Internet access provider, on-line 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.

Contest starts at 10:00 a.m. ET on July 7th, 2017 and closes on Tuesday August 8th, 2017 10:00 p.m. (the “Contest Period”).

2. There are eighty (80) prizes (the “Prizes”) to be won from among all the eligible Entries received during the Contest Period. Entrants must have a valid ticket, and the related RFID Wristband to enter. Void where prohibited.

– Twenty-five (25) 2018 Festival passes (Value – $249 each)
– Fifty Pairs (50) 2017 Boots & Hearts Festival VIP upgrades (Value – $699.98 per pair)

  1. The contest sponsor is Republic Live Inc. (BOOTS & HEARTS) (hereinafter referred to as the “Contest Sponsor”).

A. To enter and to be eligible to win, entrant must be a legal resident of Canada (excluding Quebec) and be nineteen (19) years of age or older. Employees and their parents, siblings and children, and persons domiciled with an employee of the Contest Sponsor, its agents, parent, affiliated or related companies, subsidiaries, divisions, prize sponsors, and promotional and advertising agencies and administrators, are ineligible to enter.
B. Prize must be accepted as awarded. The Prize may not be transferred. Contest Sponsor reserves the right to substitute the Prize in whole or in part in the event that all or any component of the Prize is unavailable. Prizewinner is solely responsible for all costs not expressly described herein

  1. On Wednesday 9th 2017, at 10:00 a.m, a random draw for the Prizes will take place at BOOTS & HEARTS in Toronto, Ontario from among all eligible Entries received during the Contest Period. The first one hundred and thirty-six (136) Entries drawn will be eligible to win the Prizes. The odds of winning the Prizes will depend upon the total number of eligible Entries received during the Contest Period. Republic Live Inc. (BOOTS & HEARTS), acting reasonably, will attempt to contact the potential winner, by t email within one (1) day after the draw. In the event that the potential winner cannot be contacted within one (1) day after the draw, he or she will be disqualified and an alternate potential winner will be drawn. Proof of identification must be provided upon request. In order to be declared the Prizewinner, the potential winner must first correctly answer, unaided, a time limited mathematical skill testing question administered by Republic Live Inc. (BOOTS & HEARTS). Before being awarded the Prize, the potential winner will be required to sign and return within the time stipulated by the Contest Sponsor, a full release and indemnity form stating that he/she has read and understood these official rules and regulations (“Rules”), grants all consents required, authorizes the Contest Sponsor to broadcast, publish and disseminate his/her name, city of residence, photograph, likeness, sobriquet and voice, in connection with any promotion or publicity, and/or for general news, entertainment and information purposes at no additional compensation to the potential winner, beyond the awarding of or participation in the Prize, accepts the Prize as offered and releases the Contest Sponsor from any and all liability of any kind arising out of the potential winner’s participation in this Contest and receipt and use of the Prize. In the event that the potential winner does not comply with all the provisions as contemplated in these Rules, Contest Sponsor shall have the right to disqualify the potential winner, and draw an alternate potential winner and the Contest Sponsor shall be fully and completely released and discharged from any liability or responsibility in this regard. The provisions and procedures referred to above relating to selection and notification of a potential winner shall be applied, with the necessary amendments, until the qualified winner has been duly selected, but in any event, no later than Friday, July 21st, 2017
  2. By entering this Contest the entrants and participants automatically agree to accept and abide by these Rules. All decisions of the Contest Sponsor with respect to any aspect of this Contest, including without limitation the eligibility of Entries, are final and binding on all entrants in all matters as they relate to this Contest.
  3. All Entries become property of Contest Sponsor who assumes no responsibility for invalid entries or any computer errors or malfunctions. No correspondence will be entered into except with entrants requesting Rules by mail or requesting the name of the Prize winner (for which a self-addressed, postage paid envelope must be included). Contest Sponsor does not assume any responsibility for incorrect or inaccurate capture of entry information, technical malfunctions, human or technical error, seeding or printing errors, lost, delayed or garbled data or transmissions, omission, interruption, deletion, defect or failures of any telephone or computer line or network, computer equipment, software or any combination thereof. Entry materials-data that have been tampered with or altered are void. If for any reason, in the opinion of the Contest Sponsor, in its sole discretion, the Contest is not capable of running as originally planned, or if the administration, security, fairness, integrity or the proper conduct of the Contest is corrupted or adversely affected, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond its control, Contest Sponsor reserves its right to cancel, terminate, modify, amend, extend or suspend the Contest including cancelling any method of entry, and select a winner from previously received eligible Entries. Contest Sponsor reserves its right to modify the Rules without materially affecting the terms and conditions hereof. The Contest Sponsor reserves its right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Rules or otherwise in a disruptive manner. Any attempts to deliberately damage the Contest web site or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made the Contest Sponsor reserves its right to seek remedies and damages to the fullest extent of the law. Contest Sponsor shall not be held responsible for any errors or negligence that may arise or occur in connection with the Contest including any damage to an entrant’s computer equipment, system, software or any combination thereof, as a result of their participation in this Contest or from downloading any material from the Contest web site.

A. Contest is subject to all applicable federal, provincial and municipal laws and regulations. By entering this Contest, each entrant consents to the collection, use and distribution of his or her personal information (information that identifies an entrant as an individual, such as home telephone number, age and home address) by the Contest Sponsor for the purposes of implementing, administering and fulfilling this Contest. Contest Sponsor will not sell or transmit this information to third parties except for the purposes of administering this Contest.

7. By entering the contest, entrants consent to the manner of collection, use and disclosure of personal information as set out in Republic Live Inc.’s Privacy Policy, available on this page. Any inquiry concerning the personal information held by the Contest Sponsor should be addressed to Republic Live Inc. (BOOTS & HEARTS) at 366 Bay St. Suite 1100, Toronto, ON M5H 4B2.

8. In the event of any discrepancy or inconsistency between the terms and conditions of the Contest Rules and disclosures or other statements contained in any Contest related materials, including but not limited to the Contest entry form, or point of sale, television, print or online advertising, the terms and conditions of the Contest Rules shall prevail, govern and control.

A. All intellectual property, including but not limited to trade-marks, trade-names, logos, designs, promotional materials, web pages, source codes, drawings, illustrations, slogans and representations are owned by the Contest Sponsor and/or its affiliates. All rights are reserved. Unauthorized copying or use of any copyrighted material or intellectual property without the express written consent of its owner is strictly prohibited.