Conditions of participation

These conditions of participation are applicable to all the game zones of Positive Drive, which are organised and executed by IJsberg Holding BV, established in Amsterdam, hereafter known as: “IJsberg”.

Article 1 General:

1. Every person who lives in The Netherlands of 18 years or older is entitled to participate in this app and the associated actions. Are you under 18 years old, then you need permission from a parent or guardian.
2. Employees of involved municipalities, companies, IJsberg and other partners that are involved with this app and associated actions and by IJsberg engaged third parties are excluded from participation.
3. Participating in the app and the associated actions is free.
4. By participating, the participant agrees to these terms and conditions.
5. These terms and conditions can also be viewed, downloaded and printed at www.positivedriveapp.com, hereafter known as: ‘the Website’.

Article 2 Data:

1. Before various actions and participation in the App, there is the possibility to register with your personal data (i.e. name, email address, address). In any case, winners must register afterwards in the designated manner to receive their prize.
2. You guarantee that all the information is correct, up-to-date and complete. When your residential address or work address changes, you are required to notify us by sending an email to info@positivedriveapp.com.
3. The personal data you provide will be used in accordance with our privacy statement. You can find the Privacy Statement here: Privacy Statement

Article 3 How and when is it possible to participate?

1. Since July 1, 2016, everyone can participate in the app and the associated actions.
2. You can participate in the app and the associated actions by downloading and installing the special Positive Drive app, hereafter known as ‘The app’.
3. Positive Drive is developed for smartphones with iOS 8 or higher and Android 4.4 and higher. The smartphone must have an GPS connection and it needs to be enabled. Also it is necessary to have a 3G or 4G connection.
4. You need to be the sole owner and user of the smartphone on which the app is installed. You may not use the app to locate third parties. In particular, you may not install the software on a mobile device that is not yours or is used by a third party. When you sell, lease, borrow or otherwise provide your smartphone to a third party, you have to make sure that the app with your account will not be used by this third party.

Article 4 Designation of the winners:

1. Prior to the action, the winning play opportunities are randomly designated by an impartial computer system on July 1, 2016. The play opportunities will be, every time again, impartially designated to the participants who use their opportunities in the Game Room within the app.

Article 5 Rewards:

Game room:
1. The prizes in the Game room include meals, drinks, car accessories and services, entree tickets, coupons and physical products offered by locally based entrepreneurs.
2. For every prize, other than money, applies that they are personal, non-transferable and not redeemable for money.
3. IJsberg and the sponsors reserve the right to alter the pricing scheme, without providing a reason.
4. Only the prizes of which a confirmation message and a complete receipt is received out of the system of IJsberg, are actually won. All the other claims we firmly reject in advance.
5. Within 24 hours, the winners will be contacted via the (e-mail) address specified by them. The written/e-mail confirmation of IJsberg serves as proof for winning and receiving the prize.
6. The way the prizes are handed out will vary per category. The prizes can be picked up in the store, will be handed out personally, will be delivered at the address specified by the winner or will be made available electronically.
7. By rejecting a prize or if the prize, through no fault of IJsberg, cannot be handed out within three months after the end of the action, it expires on IJsberg.
8. If there needs to be payed a gambling tax on the prizes won, IJsberg will take care. Any gambling taxes due to the won cash prizes will be paid by the winners. For the other prizes is that the gambling tax accounts for IJsberg.

Saving Goals
1. Wrongly paid rewards will be recovered.
2. By undeserved rewards, demonstrated by fraud of the participant, a fine will be imposed on the participant amounting to the amount of money of the undeserved reward, with a maximum of €50.
3. By undeserved rewards, demonstrated by fraud of the participant, any collection costs are charged to the participant.
4. The way the prizes will be distributed will vary per category. The prizes can be picked up in the store, will be handed out personally, will be delivered at the address specified by the winner or will be made available electronically.

Article 6 Liability and indemnification:
1. IJsberg and her partners take great care of the organization of various actions and the management of the app. Nevertheless, it is possible that the displayed or provided information is not complete or correct. Furthermore, getting opportunities to play are depending on a few technical factors (this could include network coverage, the proper operation of your phone, the proper operation of the GPS system etcetera). It may be because of that, or other factors, that no (s)miles and no play opportunities are awarded. Any inaccuracies, misspellings or other comparable faults within the app or other by IJsberg published (promotional) materials of any kind, cannot be invoked against IJsberg nor rise obligation for IJsberg.
2. You acknowledge that participating in the app and associated actions are at your own risk.
3. IJsberg, and its auxiliary persons/third parties engaged, are not liable of any damage, direct and/or indirect, arising from or in any way related to the action, included – but not limited to – damage as a result of:
– The winning paid out;
– The adaption, interruption or ending of the action and/or the adaption of the prizes when the circumstances require.
4. Limitation of liability. To the maximum extent permitted by applicable law, IJsberg nor its suppliers have no liability towards you or towards third parties for any loss or direct, indirect or incidental damages, consequential damages or damage otherwise (included, but not limited to, damage resulting from the impossibility to use products or gain access to it, loss of data, loss of business, lost profits, business interruption and suchlike) resulting from the use or impossibility to use products, even if IJsberg was informed about the possibility of such damage.
5. Regardless of any damage that you or a third party suffer for any reason (included, but not limited to, all damage which is referred to and all direct or general damages in contract or otherwise), is of full liability of Apple maps or Google maps and its suppliers arising from or related to the use pf products, limited to the amount of money that you have paid for the products.

Article 7 Royalty and collaboration:
If you are the winner of a prize, you give IJsberg the permission to use your name, and possibly photos and/or footage in which you are shown (i.e. the award ceremony) for any expressions that are in relation to these actions.

Article 8 Rights of IJsberg:
1. IJsberg reserves the right to suspend or to end your participation in the actions at all times when you, in any way, act in contrary with these conditions or any legally applicable provision or if you otherwise acting fraudulently, without informing you in advance, without giving reasons, at its discretion and without IJsberg can be held liable.
2. We can terminate your account at Positive Drive by deleting or blocking it. We will inform you by e-mail. In case we terminate your account on the basis of breach of contract, it is not allowed to create a new account without our explicit permission.
3. IJsberg reserves the right to adapt these actions and/or conditions and/or the prizes throughout the duration of the actions at its discretion and without notice and suspend or interrupt these actions without giving reasons, without IJsberg obliged in any way paying damages liable to the participants. Adaption of the actions and/or the conditions and/or the prizes or suspending or interrupting those actions, will be noticed through the app by IJsberg.

Article 9 Contact:
1. Questions, comments or complaints about the app and the associated actions or these conditions can be expressed to IJsberg.
2. IJsberg will strive to handle any complaints within three weeks. When the participant believes the complaint is not adequately handled, the participant can file a written complaint to De Kansspel Autoriteit, Ministerie van Justitie, Postbus 20301 (2500 EG) Den Haag.

Article 10 Diverse:
1. Our Privacy Statement is applicable on these actions.
2. This action is in accordance with the Gedragscode Promotionele Kansspelen.
3. Dutch law is applicable to these actions and conditions. All the possible disputes resulting from this, must be submitted to the competent court in Utrecht.
These extra conditions apply to the ‘076 op weg’ project of Positive Drive.

General:
1.1 Every person who lives in The Netherlands of 18 years or older is entitled to participate in this app and the associated actions. Are you under 18 years old, then you need a permission from a parent or guardian.
1.2 Employees of involved municipalities, companies, IJsberg and other partners that are involved with this app and associated actions and by engaged third parties are excluded.

Article 1. Participating in Positive Drive and the associated actions are free.
1.3 Positive Drive is developed for smartphones with iOS 8 or higher, Android 4.4 or higher and Windows Phone (WP8). The smartphone must have an GPS connection and this needs to be enabled. Also it is necessary to have a 3G or 4G connection.
1.4 You need to be the only owner and user of the smartphone where the app is installed. You may not use the app to locate third parties. In particular, you may not install the software on a mobile device that is not yours or is used by a third party. When you sell, lease, borrow or otherwise provide your smartphone to a third, you have to make sure that the app with your account will not be used by this third party.
1.5 In accordance of the reference level that is set for you personally and these conditions, arises the contract that will be concluded between the municipality of Breda and the participant. The Ministry of Infrastructure and Environment subsidizes the project ‘076 op weg’ from the program ‘Beter Benutten’. Positive Drive acts on behalf of the client.
1.6 The participant voluntarily enters a contract for the duration of the entry period, including a questionnaire at the beginning and the end of the action and a posttest by Positive Drive after ending the participation.
1.7 The participant gives, in accordance with the conditions, the permission to be approached until 1 year after the end of ‘076 op weg’ with new mobility products and/or services developed for (or in consultation with) the municipality of Breda.
1.8 Positive Drive respects the privacy of the participants and handles the personal information that is collected in confidence. The client of ‘076 op weg’ has reported the project at the supervisor of the processing of personal data, the authority of personal protection under document number m161431. Here participants can get information about and access to the own processed personal data.
1.9 Positive Drive reserves the right to use anonymized data for research. The collected research data are anonymous and cannot be traced back to individual participants. The way data is collected and is secured, the intended processing and the purpose for which the data were obtained, are noted in the Privacy Policy. This Privacy Policy can be found on the website of Positive Drive: www.positivedriveapp.com.
1.10 Positive Drive reserves the right to alter the (participation) conditions, including the rewards and/or to terminate the execution of the service prematurely. This will be revealed via the website and to the participant itself. Amendments are binding on the participants from the moment they obtain, though not earlier then 1 month after publication, unless the participant does not agree with these amendments and has directly ended the contract between Positive Drive and himself. If a part of these terms and conditions seems to be invalid or unenforceable, the other conditions will continue to apply in full. These terms and conditions apply to the execution of the ‘076 op weg’ project. The participant is also expected to agree with the terms and conditions with respect to future agreements of Positive Drive or its successor.
1.11 The conditions of participation are drawn up in Dutch. If there is a translation of the conditions of participation in a different language, the Dutch text is binding.
1.12 The Dutch law applies on the contract and these conditions of participation. The court in Breda has jurisdiction over any disputes.

Article 2. Conditions and rules during participation
2.1 To participate in ‘076 op weg’, the potential participant needs to register in the app with his unique code and needs to meet the participation criteria like they can be found on the website. At all times, Positive Drive reserves the right to reject a registration if it does not meet the participation criteria.
2.2 When a potential participant meets the criteria, the provisional participation in ‘076 op weg’ starts the next business day within the participation period. The license plate numbers provided by the (potential) participant will be periodically checked for accuracy by De Rijksdienst voor het Wegverkeer (RDW). It is essential for final acceptation into the project to provide accurate information.
2.3 (Potential) participants gain access to a personal profile page within the app. The credentials are personal and the participant is responsible for the confidentiality.
2.4 The participant guarantees that the provided data is correct, up-to-date and complete. In case of a (temporary) change in the personal situation of the participant that affects the participation in the project, including, but not limited to, movement, change of employer, loss of a job, retirement, illness, maternity leave, staying abroad, change of car and/or license plate and alteration of smartphone and/or phone number, is the participant required to mention this to the team of ‘076 op weg’ by changing his personal data at his personal page within the app and by sending an e-mail to info@076opweg.nl. If a participant no longer meets the criteria of participation, the team of ‘076 op weg’ reserves the right to directly terminate the contract with the participant unilaterally.
2.5 Positive Drive reserves the right to terminate your account by deleting or blocking it. The participant will be noticed by e-mail. In case we terminate your account on the basis of breach of contract, it is not allowed to create a new account without our explicit permission.
2.6 If, according to the Organization of ‘076 op weg’, it seems that the participant provides inadequate or no contribution to the project purposes of ‘076 op weg’ during the participation, the organization of ‘076 op weg’ reserves the right to directly terminate the participation unilaterally.
2.7 By termination of the participation in the project, outstanding rewards are transferred to the participant, provided that such rewards are obtained legally according to the organization of ‘076 op weg’.
2.8 ‘076 op weg’ knows clear rules of the game. The rules of the game are explained within the app. The (reasonable suspicion of) abuse, in any form, is a sufficient reason to directly terminate the contract unilaterally by the organization of ‘076 op weg’. In that case, outstanding rewards are not rewarded to the participant. Illegally obtained rewards, including any costs, will be recovered to the participant. Also, the participant will be registered on a ‘blacklist’. This excludes future participation in projects like this. Owners of passenger cars utilized as taxi’s or as courier or other delivery services, are excluded from participation in ‘076 op weg’.
2.9 If, according to (the employees of) the organization of ‘076 op weg’, additional documentation is needed to pay rewards, the participant is required to provide these data.

2.10. If the user is not active for an extended period (30 days). Positive Drive reserves the right to remove all unprocessed routes from our server after having contacted the user in question.

Article 3. Obligations and liability of the participant
3.1 The participant is required to strictly follow up all the instructions of Positive Drive in relation to this project.
3.2 (Potential) participants are required to provide personal data correctly as shown on the personal page and keep them up-to-date.
3.3 The participant is obliged to cooperate in filling out the questionnaires about ‘076 op weg’ during the contract period.
3.4 The rewards participants receive by participating in ‘076 op weg’ are tax free. There is no need income tax has to be paid.
3.5 Positive Drive and its partners take great care of the organization of various actions and the management of the app. Nevertheless, it is possible that the displayed or provided information is not complete or correct. Furthermore, getting opportunities to play are depending on a few technical factors (this could include network coverage, the proper operation of your phone, the proper operation of the GPS system etcetera). It may therefore, or related to other factors, that no (s)miles and no play opportunities are received. Any inaccuracies, misspellings or other comparable faults within the app or other by Positive Drive published (promotional) materials of any kind, cannot be invoked against Positive Drive nor rise obligation for Positive Drive.
3.6 Participation in the app and associated actions are at your own risk.
3.7 Positive Drive and its auxiliary persons/third parties engaged, are not liable of any damage, direct and/or indirect, arising from or in any way related to the action, included – but not limited to – damage as a result of:
– The winning paid out;
– The adaption, interruption or ending of the action and/or the amendment of the prizes when the circumstances require.
3.8 Positive Drive emphasizes that using the app is the responsibility of the participant. More specific, Positive Drive points out that the smartphone should not be operated by the driver while driving.
3.9 Nor Positive Drive nor its suppliers and subcontractors has no liability towards you or towards third parties for any loss or direct, indirect or incidental damages, consequential damages or damage otherwise (included, but not limited to, damage resulting from the impossibility to use products or gain access to it, loss of data, loss of business, lost profits, business interruption and suchlike) resulting from the use or impossibility to use products, even if IJsberg was informed about the possibility of such damage.

Article 4. Rewards
Saving purposes
4.1 The way rewards will be paid will vary per category. The prizes can be picked up in the store, will be handed out personally, will be delivered at the address specified by the winner or will be made available electronically.
4.2 In case of suspension of the payment of the reward, the concerning participant will be notified at least at the moment that the awarding takes place, including the reason of the suspension.
4.3 Wrongly paid rewards will be recovered.
4.4 By undeserved rewards, demonstrated by fraud of the participant, a fine will be imposed on the participant amounting to the amount of money of the undeserved reward, with a maximum of €50.
4.5 In the event of undeserved rewards, obtained by fraud of the participant, any collection costs are charged to the participant.

Game room
4.6 The prizes in the Game room include meals, drinks, car accessories and services, entree tickets, coupons and physical products offered by locally based entrepreneurs.
4.7 For every prize, other than money, applies that they are personal, non-transferable and not redeemable for money.
4.8 Before the action, the winning play opportunities are randomly designated by an impartially computer system. The play opportunities will be, every time again, impartially designated to the participants who use their opportunities in the Game Room within the app.
4.9 Only the prizes of which a confirmation message and a complete receipt is received out of the system of IJsberg, are actually won. All the other claims we reject in advance and firmly.
4.10 Within 24 hours, the winners will be contacted at the (email) address specified by them.
The way the prizes will be handed will vary per category. The prizes can be picked up in the store, will be handed out personally, will be delivered at the address specified by the winner or will be made available electronically.
4.11 By rejecting a prize or if the prize, through no fault of IJsberg, cannot be handed out within three months after the end of the action, then it expires on IJsberg.
4.12 If a gambling tax is due on the won prizes, IJsberg will provided this. Any gambling taxes due to the won cash prizes will be paid by the winners. For the other prizes is that the gambling tax accounts for IJsberg.

Article 5. Ending or a transfer of the contract
5.1 The participant reserves the right to unilaterally terminate the contract with ‘076 op weg’ by sending an a-mail to info@076opweg.nl. There will be a settlement of the reward to be received proportionally to the remaining number of business days in the month of termination. The personal profile page will be available until the end of the next month.
5.2 The organization of ‘076 op weg’ reserves the right to transfer her contract obligations and/or rights, by means of debt underwriting, cession or contract takeover, of which she directly gives a written notification to the participants. To the extend required, the participant provides cooperation to the termination of his contract, without prejudice to the right to end the contract 1 month after the date of the written notice.

Article 6. Correspondence, Complaints and Disputes
6.1 All written communications in relation to the contract between the participant and the organization of ‘076 op weg’, should be addressed by e-mail to: info@076opweg.nl.