eiver Private Challenge Settlement
Update of 10/24/2019
Article 1 : Organisation
The company SAVECODE SAS hereafter referred to as “The Organiser“, whose registered office is located at 10, rue de Penthièvre – 75008 PARIS – France, registered under SIRET number 75082983000025, organises on behalf of a client company, association or organisation referred to as “The Client”.A game entitled “eiver private challenge”. 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, who are resident in metropolitan France and who are bound by contract with the Customer.
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 event 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 (https://itunes.apple.com/fr/app/eiver/id1453291065) or the Play Store (https://play.google.com/store/apps/details?id=org.savecode.eiver), download the eiver application and create an account
2 – Participate to a Private challenge
- Within the application, click on the Challenge pictogram (menu at the bottom of the application, then on the tab “On screen”).
- Click on the grey “+” sign before the text: “Unlock a private challenge”.
- Enter the code provided by the organiser to the Client.
- Fulfil the specific conditions of the challenge as indicated in the challenge (for example, complete 10 journeys and more than 200 km between mm/dd/yyyy and mm/dd/yyyy).
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 the participant has chosen the Automatic modeAll valid journeys made by the participant with the active application are counted. If s/he wishes to choose the routes that count for the challenge or challenges s/he is registered for, s/he must remain in Manual mode and trigger the start and possibly the stop of the journey manually using the PLAY and STOP button.
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 counting towards this challenge will then be lost.
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 participant 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 completion of the last trip made by the participant…
The participant with the best average and having fulfilled the conditions for taking part 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
The conditions of participation and the prizes are indicated within the challenge itself. The main items constituting a challenge are :
- Challenge title
- Date and time of the Challenge start
- Date and time of the end of the Challenge
- Minimum (or maximum) number of trips
- Minimum or maximum distance in km
- List of grants including XPs corresponding to the acquisition of driving experience within the eiver application
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.
The 3 1st winner(s) accept(s) without restriction the communication of their score and their ranking in the challenge to the Client.
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 (except XP), an email will be sent to the participant at the email address indicated during his/her registration at eiver, within 7 to 14 days following the end of the challenge, specifying the conditions for the recovery of his/her prize.
If no email address is registered when registering (for example when registering via facebook or via google) or if the user has not agreed to receive notifications sent by the application, the prize is given to the next person on the list of winners.
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, he (she) will no longer be eligible and the next person on the list of winners will then be contacted by eiver. 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 Customer may be responsible for handing over the prize(s) to the winners if the winners consent, at the Customer’s request, to this physical address being communicated to him/her.
The winner of the first prize of a challenge will not be able to win again the first prize of the next five challenges (ranking of the order of the challenges according to their start date). He or she cannot be ranked and will receive compensation in XP equivalent to the value of the prize.
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 private challenge 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.
Within the framework of the Private Challenges, the organiser refrains from using the personal data of the participants for commercial prospecting or communication purposes, apart from participation in this competition, except with the special written authorisation of the Client and the participant.
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 firstname.lastname@example.org 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 evidential force in any dispute as to 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.