21/07/2020

Article 1 : Organisation

The LOTANA TECH SAS company hereafter referred to as ” The Organiser “, with headquarters at 182, rue du Faubourg Saint-Honoré, 75008 Paris, France, registered under SIRET number 83008291300021, organises a permanent free game with no obligation to purchase entitled “Challenge eiver”.. This game is declined according to the same organisation and the same principles, in several successive or simultaneous tests, without restriction or limit of participation.

Article 2 : Terms of Participation

This game, in which participation is free of charge and with no obligation to purchase, is exclusively open to natural persons who are of legal age and have a valid driving licence on the date the game begins, and who are resident in metropolitan France.

Are excluded from the game the persons who do not fulfil the above conditions as well as the members of the staff of “The Organiser”, and any person who has directly or indirectly participated in the conception, realisation or management of the game as well as their spouse, members of their families: direct ascendants and descendants or other relatives living or not under their roof.

The “organiser” reserves the right to ask any participant to justify the conditions set out above. Any person who does not meet these conditions or who refuses to justify them will be excluded from the game and will not be able, in the case of a win, to benefit from his prize.

Only one entry per person is allowed (same name, same address). ” The organiser ” reserves the right to proceed with any verification for the respect of this rule. By participating in the game, you fully accept these rules.

Article 3 : Terms and conditions of participation and ranking

In order to compete, the participant must :

1 – Go to the eiver application

• by logging in to his “eiver” account if it already exists, or
• by going to the App Store )or the Play Store (), download the eiver application and create an account.

2 – Participate in one or more challenges

• Within the application, click on the pictogram of the chosen Challenge (menu at the bottom of the application, then on the “On screen” tab, choose the challenge and click on “Participate”).
• Fulfil the conditions of the challenge, (see table describing the challenges proposed below).

To be valid, the trips made must be counted by eiver. A trip is counted by eiver when it is registered in the participant’s diary in a “My trip” map. The Diary can be accessed by clicking on the “Diary” pictogram at the bottom left of the application.

WARNING, if you have chosen Automatic mode, all journeys made by the participant with the active application and being valid, are counted. If you wish to choose the trips that count for this challenge and eventually the others you are registered for, you must remain in Manual mode and start the beginning of the trip and possibly stop it manually using the PLAY and STOP buttons.

At any time, a participant can decide to no longer participate in a challenge by clicking on the “No longer participate” button within the challenge in question. All data will then be lost for this challenge.

At any time, the organising company may exclude a participant due to misuse of the application, in particular for any trip recording that does not comply with the Highway Code.

A user can participate in several challenges at the same time. His valid trips will then be counted for all challenges in which he participates.

3 – Ranking

Each valid trip generates a score between 0 and 5. eiver generates the average score of a participant during the time of participation in the challenge and displays it in the map of the current challenge with a delay of about 24 hours in relation to the achievement of the last trip made by the participant. eiver reserves the right to consider some trips made by participants as invalid and also reserves the right to exclude from the challenge the participant who has manually recorded invalid or incomplete trips.

The participant with the best average and having met the conditions for participation in the challenge wins first place. Based on this average score principle, eiver establishes a ranking of all participants.

If two participants have obtained the same average, the one who registered first for the challenge is placed first.

Article 4 : Conditions of participation and Earnings

Ongoing challenges

“Summer” Challenge

“2020” Challenge

The value of the prizes is determined at the time of drafting these rules and cannot be disputed as to its valuation. All costs incurred after the game, in particular for the maintenance and use of this prize, are entirely the responsibility of the winner.

Article 5 : Designation and announcement of the winner

At the end date of the challenge, the results are automatically calculated by eiver and displayed as a card in the participant’s diary. The time taken to display the results may vary from one challenge to another.

Article 6 : Remittance of endowments

The XPs won will be automatically added to the participant’s account after the end of the challenge. The time it takes to add XPs can vary from one challenge to another. Participants who have won XPs may also be notified by e-mail or by notification of this addition.

By participating in a challenge, a challenger agrees to receive emails and notifications of information about its ranking and possible staffing.

For the prizes (excluding XP), an email will be sent to the participant at the email address given when registering for eiver, within 28 days following the end of the challenge, specifying the conditions for recovering the prize.

If no email address is registered at the time of registration (e.g. when registering via facebook or google) or if the user has not agreed to receive notifications sent by the application, the prize is lost.

Some batches have to be sent by postal services to a physical address. Pending communication of this physical address, the prize remains at the disposal of the participant for 7 days. After this period, it will not be able to claim it any more.

The winner undertakes to accept the prize as offered without the possibility of exchange, in particular for cash, other goods or services of any kind whatsoever or transfer of the benefit to a third party. Likewise, this lot will not be subject to any claim for compensation. “The organiser” reserves the right, in the event of the occurrence of an event beyond its control, in particular linked to its suppliers or unpredictable circumstances, to replace the advertised lot with a lot of equivalent value. The winner will be kept informed of any changes.

The winner of an endowment (excluding XP), regardless of its ranking, will not be able to win another endowment (excluding XP) during the next 5 (five) challenges in which it participates. It will not be able to be classified and will receive compensation in XP equivalent to the value of the prize at stake.

Article 7 : Use of participants’ personal data

The information of the participants is recorded and used by the “Organiser” to memorise their participation in the competition and to enable the prize to be awarded. Participants may, for legitimate reasons, object to the processing of their personal data communicated within the framework of this game.

The winners authorise “The organiser” to use their contact details (surname, first name) for advertising or public relations purposes, on any support whatsoever, without this conferring on them any remuneration, right or advantage of any kind, other than the award of their prize.

In accordance with the European Personal Data Protection Regulations (PDPR), any participant has the right to demand that any information concerning him or her that is inaccurate, incomplete, ambiguous or out of date be corrected, completed, clarified, updated or deleted by sending an e-mail to “The Organiser” at the following address dpo@eiver.co or by post to the address mentioned in Article 1.

Article 8 : Refund of connection fees related to the game

In accordance with the provisions of article L. 121-36 of the French Consumer Code, access to the website and participation in the game offered on it are entirely free of charge, so that the costs incurred by the participant in connecting to the site will be refunded in accordance with the terms and conditions set out below:

Only one refund per month and per household (same name, same postal address)

• Participant living in France
• Maximum connection time to participate in the game is 5 minutes.

As Internet service providers currently offer a free or flat-rate connection to Internet users, it is expressly agreed that any access to the site being made on a free or flat-rate basis will not give rise to any refund, to the extent that the subscription to the services of the access provider is in this case contracted by the Internet user for their use of the Internet in general and that the fact that the participant connects to the site and takes part in the game does not give rise to any additional costs or expenses. Translated with www.DeepL.com/Translator (free version) The connection costs will be refunded in the case of a paid connection invoiced in proportion to the duration of the call. In the event of a connection subject to a flat-rate payment for a fixed period and, beyond this period, invoiced in proportion to the duration of the communication, the costs of connection to the site will be refunded to the participant as soon as it is established that the participant has exceeded the flat-rate amount at its disposal and that this flat-rate amount has been exceeded as a result of the connection to the site. In order to obtain a refund of its connection costs, as well as of the postage costs of its request for refund, the participant must send to “The organiser”, within one month of the disbursement of these costs, as evidenced by the postmark, a written request, drawn up on plain paper, containing the following elements:

• the indication of its name, first name and personal postal address
• the indication of the dates, times and duration of its connections to the site
• a copy of the detailed invoice from the telephone operator and/or the access provider to which it is subscribed, showing the dates and times of its connections to thesite.

The postage required to apply for a refund of the connection fee will be reimbursed, upon request, on the basis of the current slow postal rate. The cost of logging on to the site for participation in the game will be refunded by cheque within two months of receipt of the participant’s request.

Article 9 : Industrial and intellectual property

The reproduction, representation or exploitation of all or part of the elements making up the game, including these rules are strictly prohibited. All trademarks, logos, texts, images, videos and other distinctive signs reproduced on the site, as well as on the sites to which the site allows access via hypertext links, are the exclusive property of their owners and are protected as such by the provisions of the Intellectual Property Code for the entire world. Their unauthorised reproduction constitutes an infringement punishable by law. Any unauthorised reproduction, total or partial, of these brands, logos and signs constitutes an infringement punishable by law. Participation in this game implies full and complete acceptance of these rules by the participants.

Article 10 : Responsibility

The organiser cannot be held liable in the event of force majeure or fortuitous events beyond its control. “The organiser cannot be held responsible for delays, losses, thefts, damage to mail, lack of legibility of stamps due to postal services. Neither can it be held responsible and no recourse can be taken against it in the event of the occurrence of events of force majeure (strikes, bad weather, etc.) partially or totally depriving participants of the possibility of taking part in the game and/or the winner of the benefit of his or her winnings. The “organiser” as well as its service providers and partners may under no circumstances be held responsible for any incidents that may occur in the use of the prize by the beneficiary or its guests once the winner has taken possession of it. Similarly, “The organiser”, as well as its service providers and partners, cannot be held responsible for the loss or theft of the endowment by the beneficiary once it has taken possession of it. Any additional cost necessary to take possession of the prize is the sole responsibility of the winner, without him or her being able to request any compensation from the “Organiser”, or from the service providers or partners. Similarly, the organiser reserves the right to shorten, extend or cancel a challenge in the event of force majeure or if reasons beyond its control force it to do so or if circumstances so require; as a result, it cannot be held liable.

Article 11 : Litigation & Claims

These rules are governed by French law. The “organiser” reserves the right to decide, without appeal, any difficulty that may arise with regard to the interpretation or application of these rules, it being understood that no dispute will be allowed, in particular regarding the terms and conditions of the game, the results, the winnings or their receipt, one month after the end of the game. Except in the case of obvious errors, it is agreed that the information resulting from the game systems of “The Organiser” has probative force in any dispute concerning the elements of connection and the computer processing of the said information relating to the game. Any complaint must be sent within one month of the end date of the game to ” The Organiser”. After this date, no claims will be accepted. Participation in the game implies full acceptance of these rules.

Article 12 : Evidence agreement

By express agreement between the participant and “The organiser”, the computer systems and files of “The organiser” shall be the sole authenticity. The computerised registers, kept in the computer systems of “The organiser”, under reasonable conditions of security and reliability, are considered as proof of the relations and communications between “The organiser” and the participant(s). It is therefore agreed that, except in the case of manifest error, “The organiser” may avail itself, in particular for the purposes of proof of any act, fact or omission, of programmes, data, files, records, operations and other elements (such as monitoring reports or other reports) of a nature or in a computer or electronic format or medium, established, received or kept directly or indirectly by “The organiser”, in particular in its computer systems. The elements considered thus constitute proofs and if they are produced as evidence by “the organiser” in any contentious or other proceedings, they will be admissible, valid and opposable between the parties in the same way, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing. Operations of any kind carried out using the identifier and code allocated to a participant, following registration, are irrefutably presumed to have been carried out under the responsibility of the participant.

Regulation updated on 11/15/2022