Legal and Privacy
LEGAL & PRIVACY
“Republic Live Inc. (“Republic Live”) produces the WayHome Music & Arts Festival (the “Festival”) and manages www.wayhome.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 Lives’ online information practices and the choices you can make about the way your information is collected and used. In collecting information, Republic Lives’ primary goal is to provide and improve its products and services.
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 Lives’ products and services. “Message Data” includes the messages sent and received using Republic Lives’ 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 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
Protecting the privacy of the very young is especially important. For that reason, Republic Live never collects or maintain information at the Website from those Republic Live actually knows are under 13, and no part of the Website is structured to attract anyone under Inc. If Republic Live discovers that a child under the age of 13 provided information, Republic Live will promptly delete such Personal Information in a secure manner.
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.
1. RFID Technology
The RFID Technology is provided by Intellitix Holdings Limited of 708-160 St-Viateur, Montréal, Québec H2T 1A8 (“Intellitix”).
- Although Republic Live will attempt to ensure that RFID Technology is available to Holders at all times during the 2017 WayHome Music & Arts Festival, the Holder acknowledges and accepts that Republic Live cannot guarantee that this will be the case.
- 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.
- Registration and Holder Data
- 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.
- 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.
- 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).
- 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.
- Without prejudice to clause 4.1, Holder Data may be used by Republic Live as part of the 2017 WayHome Music & Arts Festival activities (including, without limitation and by way of example, on giant screens or as part of 2017 WayHome Music & Arts 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.
- Notwithstanding clause 9.2, 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 4.2.
- Holder Benefits
(a) 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
(b) receiving requested emails about the 2017 WayHome Music & Arts Festival and Republic Live’s goods and services.
- 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.
- Social Media
- Republic Live and its Commercial Partners may make photographers available at the 2017 WayHome Music & Arts 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 WayHome Music & Arts Festival, or Commercial Partners logos and artwork at Republic Live’s sole discretion.
- 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.
- 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.
- 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.
- Subject to clause 7.4, 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).
- 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.
CONTEST RULES & REGS
WAYHOME 2017 RFID WRISTBAND REGISTRATION CONTEST
OFFICIAL RULES AND REGULATIONS
TO ENTER the WAYHOME 2017 RFID WRISTBAND REGISTRATION contest (the “Contest”) complete and submit your RFID WRISTBAND registration online at www.wayhome.com/register.
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 5:00 p.m. ET on June 25th, 2017 and closes on Monday July 20th, 2017 8:00 a.m. (the “Contest Period”).
2. There are one hundred and thirty-six (136) 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) 2017 Festival passes (Value – $249 each)
– One Hundred (100) 2017 WayHome Festival VIP upgrades (Value – $349.99 each)
– Five (5) WayHome Festival Merch Prize Packs (Value – $25 each)
– Two (2) $500 Topshop Topman shopping experience (2 * $500 = $1000)
- The contest sponsor is Republic Live Inc. (WAYHOME) (hereinafter referred to as the “Contest Sponsor”).
4. 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.
5. 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
- On Monday, July 18th 2017, at 9:00 am, a random draw for the Prizes will take place at WAYHOME 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. (WAYHOME), 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. (WAYHOME). 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 22nd, 2017
- 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.
- 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.
9. 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.
- 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.
11. 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.