Audiodraft Audio Sourcing Contest Rules

These contest-specific rules for this Audio Sourcing Contest (the "Contest") shall govern your participation in the Contest. The Contest is sponsored by Nokia Corporation (the "Contest Holder") 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 apply 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 production submissions made by you to the Contest is referred to hereinafter as "Production" and encompasses the audio production's master sound recording, its underlying composition and the lyrics.

1. Contest

You acknowledge and agree that the Contest is one of skill not chance. Prizes will be awarded to those users who submit the best Production as determined at the sole discretion of the Contest Holder. 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 20th March, 2012 and closes at 17th April, 2012 (the "Contest Period"). Productions eligible to participate to the Contest may be submitted to the Contest website at any and all times during the Contest Period.

2. Eligibility

Only non-members of Collection Societies are eligible to participate in the Contest. You hereby confirm, represent and warrant that you have not been a member of any Collection Society and that you are currently not a member of any Collection Society and that you have not signed to be represented by any music publisher which is currently a member of any Collection Society. Furthermore, you hereby waive any and all mechanical license fees or royalties which otherwise may be payable as a result of duplication of the Production, as well as any performance right fees or royalties otherwise payable as a result of any public performance of the Production.

"Collection 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 Collection Societies.

3. Terms for Participation

By entering this Contest you represent and warrant and agree to cause that every party involved in making and performing of the Production have agreed on participating in the Contest and that such parties are under no contractual or other constraints that might prejudice their participation in the Contest in compliance of these rules.

By entering this Contest you acknowledge and agree that the Production submitted by you to the Contest is at your sole responsibility. You hereby represent and warrant that the Production submitted by you to the Contest does not violate or infringe upon any common law or statutory rights of any third party, including without limitation, contractual rights, copyrights and rights of privacy, does not contain anything that is unlawful, offensive, abusive, pornographic, harassing, libelous or otherwise inappropriate, and that, to the best of your knowledge, the Production submitted by you to the Contest does not contain any viruses or other destructive code. Your acknowledge and agree that no other persons, parties or entities has or have any right, title, or interest, including copyright, in or to such Production and that no additional licenses or payment of royalties are required for the Contest Organisers and Nokia to use of such Production in accordance with these rules.

The Contest Organisers may, but have no obligation to monitor or moderate any Production and may remove any Production submitted to the Contest.

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 arise out of any breach or alleged breach of your warranty, representation or agreement, express or implied, made by you herein or by the 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.

By participating, you agree to abide by the decisions of the Contest Holder, 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 Production and to disqualify from prize consideration any Production 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.

4. Intellectual Property Rights and License

If the Production you submitted is selected as one the winner(s) of the Contest, you hereby grant Nokia an exclusive, worldwide, sub-licensable, assignable, fully paid-up and royalty-free right and license to use said Production, including but not limited to the right to make reproductions of such Production, to couple and/or synchronize such Production, and to reproduce and make copies thereof, with visual images and to use such Production as so coupled or synchronized, or to use such Production on an audio-only or transcription basis, to distribute and publicly perform such Production over the internet or in connection with any other broadcast, transmission, public performance, exhibition or distribution means or media, or media product, mobile or fixed, now known or hereafter devised, including but not limited to broadcast and cable television, radio, motion pictures, internet and websites, as part of mobile applications, advertising, promotion, marketing, branding and/or any other use deemed fit by Nokia. You hereby acknowledge and agree that Nokia may use less than entire submission of Production, and may edit, loop, enhance, or modify the Production, provided that any such change shall not alter the fundamental character of the portion of the Production being used, and any such change shall not give rise to any ownership rights or claims, including copyright, on the part of the Nokia in or to the resulting modified Production. If the Production you submitted is elected as one of the winners of the Contest by Nokia under these rules, the license granted hereunder becomes perpetual and irrevocable. If the Production you submitted is not elected as one the winners of the Contest by Nokia, the license granted hereunder is granted for the purposes of and to the extent and for the duration reasonably necessary for the Contest Organisers to provide the Contest. You hereby acknowledge and agree that no separate instrument, in addition to these rules, by and between the above said parties shall be required to make the above said license become effective.

You understand and agree that the Production submitted by you or on your behalf 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 Production. Therefore, to the greatest extent permissible under the law, you hereby waive all moral rights (whether past, present or future) in the Production submitted by you or on your behalf 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.

5. Contest Judging and Prizes

The Contest judging begins at the end of the Contest Period. The winners will be announced on 24th April 2012.

All users of the Audiodraft Website may vote on the best Production submitted to the Contest during the Contest Period. Five (5) winning entries will be selected by the Contest Holder from all eligible entries. All eligible Productions will be judged based on the following criteria: (i) quality and functionality, (ii) usability and creativity, (iii) uniqueness, novelty value and innovativeness and (iv) commercial viability. Contest Holder may also use the voting activity as a criterion but is not obligated to do so.

Each of the winning entries will receive a prize of US $1,500. Only one prize will be awarded per entry whether the Production 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.


6. Prize Awarding

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 the Production 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 Production 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. 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.

7. Disqualification from the Contest

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.

8. Privacy

Any information that you transmit in registering with the Audiodraft Website and entering the Contest (including personal information) about you ("Information") will be processed in accordance with Audiodraft's privacy policy. In addition, you agree that Nokia may use your Information to administer this Contest, enforce these rules and comply with all legal requirements, including tax reporting laws. Nokia may share your Information with vendors that it has contracted with to administer the Contest, but will not share your information with any other third parties without your prior written consent.

9. Other

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 Productions, the announcement of the prizes; or any problems related to the administration of the Contest.

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.

10. Copy of Contest Rules/Names of the Winners/Sponsor

For a copy of the Contest rules or the names of the winners, send a self-addressed stamped envelope to: Nokia Audio Sourcing Contest, Keilalahdentie 2-4, P.O. Box 100, FIN-00045 Nokia Group, Finland; please specify "Nokia Audio Sourcing Contest Winners Announcement" or "Nokia Audio Sourcing Contest Rules Request".

Sponsor of the Contest: Nokia Corporation, Keilalahdentie 2-4, P.O. Box 100, FIN-00045 Nokia Group, Finland.