These contest specific rules for Nokia Tune Contest (the "Contest") shall govern your participation in the Contest. The Contest is sponsored by Nokia Corporation and hosted by Audiodraft Ltd - Business ID: 2334208-9 (together the "Contest Organisers"). In order to participate in the Contest you must be a registered user of Audiodraft Ltd's website (the "Audiodraft Website"). In the event of any conflict between these rules and any terms and conditions that apply to your use of the website on which this contest is hosted, these rules shall in relation to your participation the Contest.
You are not allowed to participate in the Contest if you do not agree to these Contest rules. If you are participating in the Contest in collaboration with other individual(s) to create your material, each individual with whom you are collaborating must agree to these Contest rules in order to participate in the Contest.
Any audio material provided by Nokia for use by you in the Contest is hereinafter referred to as the "Nokia Tune".
Any audio production submissions made by you to the Contest is referred to hereinafter as "User Material".
You acknowledge and agree that the Contest is one of skill not chance. Prizes will be awarded to those users who submit the best User Material as determined in the sole discretion of the judges. No purchase is necessary to enter, participate or receive a prize. A purchase will not increase chances of receiving a prize.
The submission period begins 5th September, 2011 and closes at 2nd October, 2011 (the "Contest Period"). User Material eligible to participate to the Contest may be posted on the Contest website at any and all times during the Contest Period.
The Contest is available worldwide but as payment of prizes will only be made through PayPal you must be resident in a country where PayPal is available for sending and accepting payment (for more information please visit http://www.paypal.com/worldwide).
You acknowledge that only non-members of Collecting Societies are eligible to participate in the Contest. You hereby confirm, represent and warrant that you have not been a member of any Collecting Society and that you are currently not a member of any Collecting Society and that you have not signed to be represented by any music publisher which is currently a member of any Collecting Society.
"Collecting Society" means any society, association or like organization exclusively or non-exclusively granting all or limited rights to the artistic works, or parts thereof, of its members to third parties on behalf of such members in a given territory or in any part of the world. For the avoidance of doubt it is acknowledged that organizations such as (but without limitation) MCPS, PRS, ASCAP, BMI, SESAC, Harry Fox Agency, SACEM, SDRM, SACEM, GEMA, SIAE, SGAE, STIM, TEOSTO, NCB, CASH are considered as Collecting Societies.
By entering this Contest, you agree to release, discharge, indemnify and hold harmless employees and directors of Nokia and Audiodraft Ltd, and Nokia's respective parents, affiliates, subsidiaries, retailers, agencies and their respective officers, directors, employees and agents (collectively, "Released Parties") from any and all liability, claims, judgments, losses, injuries, demands, damages, actions, and/or causes of actions, whether direct or indirect, which may be due to or arise out of participation in the Contest or any portion thereof, or the acceptance, use/misuse or possession of any prize or Released Parties' use of any of the rights granted herein.
All applicable federal, state and local laws and regulations apply. The Contest is void wherever prohibited or restricted by any mandatory national, state or other government laws in form and language as provided herein and is subject to all applicable mandatory federal (national), state and local laws.
By participating, you agree to the decisions of the judges, whose decisions are final and binding in all respects. To the maximum extent permitted by applicable law, Nokia reserves the right at its sole discretion to amend, withdraw or revise these Contest rules and the prizes at any time without notice and in such event Nokia shall not have any liability whatsoever.
Nokia reserves the right to not award all prizes if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Throughout the Contest Period, Nokia specifically reserves the right, exercisable at its sole election, to screen any and all User Material and to disqualify from prize consideration any User Material that Nokia determines, in its sole discretion, to be inappropriate, obscene, not in keeping with Nokia's image or that otherwise do not comply with these Contest rules.
Nokia hereby grants you a limited, non-exclusive, non-transferable right to download and to use, modify and adapt a copy of the Nokia Tune solely for the purpose of your participation in and to submit User Material to the Contest. You may also modify and submit updated versions of your own User Material during the Contest Period. You may not use, adapt, modify, create derivative works of, distribute, transfer the right to use, or otherwise sublicense the Nokia Tune except as expressly permitted in this clause 3.
You agree that all right, title and interest in and to all intellectual property rights in or related to any works or material created by you in the Contest with respect to the Nokia Tune (including, without limitation, the master sound recording and the underlying composition of any User Material submitted by you), shall worldwide and in perpetuity, vest in and be the sole and exclusive property of Nokia, to the greatest extent permissible under the law. For the avoidance of doubt, it is recorded here that in consideration of the exclusive rights of Nokia, Nokia shall have the sole right to copy, transmit, distribute, communicate, amend, modify, adapt, develop, sublicense and assign any of such work or material and related rights thereof.
To the greatest extent permissible under the law, you hereby waive all moral rights (whether past, present or future) in the works and material created by you in the Contest. This waiver shall operate in favour of Nokia Corporation and its affiliates and have effect upon your acceptance of the Contest rules.
For the avoidance of doubt, you understand and agree that the works and material created by you in the Contest defined above can be used, without limitation, as ringing tones in mobile devices. Due to the nature of the mobile environment, it is not reasonably possible to include names or other recognition of the creators of the material.
The Contest judging begins at the end of the Contest Period. The winners will be announced on 7th October 2011.
All users of the Nokia Tune Contest Website may vote on the best User Material submitted to the Contest during the Contest Period. The five (5) most voted or 'liked' entries submitted on the Contest Website will qualify as finalists. A further five (5) finalists will be selected by a panel of judges from all eligible entries. One winning entry will be selected by the panel of judges from the ten (10) finalists. In addition the panel of judges will select five runners-up from the remaining nine (9) finalists. All eligible User Material will be judged based on the following criteria: quality and functionality, (ii) usability and creativity, (iii) uniqueness, novelty value and innovativeness and (iv) commercial viability.
The winning entry will receive a grand prize of US $ 10,000. The five Runner-up entries will receive US $ 1,000 for each entry. Only one prize will be awarded per entry whether the User Material has been created by an individual or created by a group of individuals. Nokia has the right, but no obligation, to award any additional prizes.
ALL PRIZE DETAILS ARE AT NOKIA'S SOLE DISCRETION. TAXES ARE THE SOLE RESPONSIBILITY OF THE WINNERS.
Prizes will only be awarded upon verification of potential winners' eligibility and compliance with these Contest rules, any other country specific legislation based on winner's domicile, and final approval by Nokia. In the event that User Material has been created in collaboration with other individual(s), each individual must meet the aforementioned requirements.
Potential winners will be notified by telephone, electronic mail, and/or mail to the address and/or phone number provided upon registration for the Contest. If a potential winner of any prize cannot be contacted, is ineligible, fails to claim prize, if prize or prize notification is returned undeliverable, or if a potential winner otherwise fails to fully comply with these Contest rules, he/she will forfeit that prize and, at Nokia's discretion, the prize will be awarded to another finalist or disposed of as Nokia deems fit. Potential prize winners will have fourteen (14) days from the date notification is issued to confirm that the notification has been received. After confirming notification receipt, the potential prize winner will be sent an agreement by Nokia to confirm assignment of all rights in the User Material and may be sent publicity (unless prohibited)/liability release forms and any other documentation reasonably required by Nokia. In the event that the winning entry has been created in collaboration with other individual(s), each individual will be required to sign such an agreement and documentation. These documents must be completed, signed and returned to Nokia within fourteen (14) days of date of issuance or prize will be forfeited and, at Nokia's discretion, the prize will be awarded to another finalist or disposed of as Nokia deems fit. Prizes will be delivered via Paypal. The Contest Organizers are not responsible for any loss or damage whatsoever that is suffered in delivery of a Prize.
Each prize winner grants Nokia and its designees the right to use and publish his/her proper name and city and state of residence and to use his/her name and likeness solely for advertising and promotional purposes for this Contest, in and all media now or hereafter devised worldwide without limitation and without notice or further compensation or permission, except where prohibited by law.
All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner.
In no event shall Released Parties be responsible for any late, lost, illegible, indecipherable, incomplete, stolen, garbled, delayed, inaccurate or misdirected entries or commercials, all of which are invalid and will not be able to be selected for any prize hereunder.
Users found tampering with or abusing any aspect of this Contest, as solely determined by Nokia, will be disqualified and all associated entries will be void. If disqualified for any of the above abuses, Nokia reserves the right to terminate your eligibility to participate in the Contest. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be in violation of criminal and civil law, and, should such an attempt be made, Nokia reserves the right (among other causes of action and remedies) to seek damages (including attorneys' fees) from any such person to the fullest extent permitted by law. Nokia reserves the right to terminate, cancel, suspend and/or modify the Contest (or any portion thereof) if any fraud, bug, virus, non-authorized human intervention or other technical problem corrupts the administration, security, or proper play of the Contest, as determined by Nokia in its sole discretion. In such event, Nokia reserves the right to determine the winners from among the eligible entries received up to the time of the impairment using the judging procedures outlined above.
Released Parties are not responsible for technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware, software or web site. Released Parties are not responsible for lost, interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer or telephone transmissions or technical failure, jumbled, scrambled or misdirected transmissions, for incorrect or inaccurate entry information, howsoever caused, the incorrect entry or transmission, or other error of any kind whether human, mechanical or electronic, including but not limited to any injury or damage to your or any other person's computer related to or resulting from participation in the Contest; typographical, printing or other errors in these Contest rules, in any Contest-related advertisements or other materials; the administration of the Contest, the judging of User Material, the announcement of the prizes; or any problems related to the administration of the Contest.
For a copy of the Contest rules or the names of the winners, send a self-addressed stamped envelope to: Nokia Tune Contest, Keilalahdentie 2-4, P.O. Box 100, FIN-00045 Nokia Group, Finland; please specify "Nokia Tune Contest Winners Announcement" or "Nokia Tune Contest Rules Request".
Sponsor of the Contest: Nokia Corporation, Keilalahdentie 2-4, P.O. Box 100, FIN-00045 Nokia Group, Finland.