Asha Developer Competition Terms and Conditions
By registering for or participating in the Competition you accept these Competition Terms. You are not allowed to participate in the Competition if you do not agree to these Competition Terms.
The Competition Terms constitute an agreement between you (either an individual or an entity) (“Entrant”) and Nokia Corporation, Keilalahdentie 2-4, 02150 Espoo, Finland including its affiliates and suppliers (collectively “Nokia”), defining your and Nokia’s rights and responsibilities with respect to the Competition.
As a part of the Nokia services the Competition is designed to motivate and reward developers who develop innovative and creative applications for Nokia devices. You acknowledge and agree that the Competition is one of skill, not chance. Prizes will be awarded to those Entrants who submit the best entries (“Entry”) as determined in the sole discretion of the judges. In addition, for the first two hundred and fifty (250) Entrants who port an existing or create a new Java application to the New Nokia Asha 501, or for the first one hundred (100) Entrants who port an existing or create a new a Web App for the New Nokia Asha 501, and submit their applications for publication in Nokia Store beginning when Nokia accepts the New Nokia Asha 501 applications, will receive one New Nokia Asha 501 smartphone if their application passes the Nokia Store certification process. No purchase is necessary to enter, participate or receive a prize and/or device. A purchase will not increase chances of winning a prize and/or device.
The submission period for prizes begins at 12:00 AM GMT on February 25, 2013 and closes at 11:59 PM GMT on August 2, 2013, and the submission period for devices, based on delivery of Java applications and Web Apps for the New Nokia Asha 501via Nokia’s publisher platform begins when Nokia first opens up the publisher platform to accept such applications (anticipated to be June 1, 2013) and closes at 11:59 PM GMT on August 2, 2013 (collectively the "Competition Period"). Registrations for the Competition may be submitted on the Competition website at any and all times during the Competition Period.
With regard to Entry submissions, you understand and agree that you are solely and fully responsible for any and all aspects of the Entry submitted, including but not limited to its legality, appropriateness and non-infringement of third party intellectual property rights, and Nokia shall not be liable in any way for such Entry.
All applicable federal, state and local laws and regulations apply. The Competition 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 Competition Terms and the prizes at any time without notice and in such event Nokia shall not have any liability whatsoever.
This Competition is open to individuals, teams of individuals and business entities in all countries (each individual, each team, each individual member of a team, and each entity is referred to as an "Entrant" in these Competition Terms), who are registered as Nokia Store Publishers at the time of Entry. If you are not already a Nokia Store Publisher, you must register as a Nokia Store Publisher at the Nokia Publish Website before submitting your Entry. You must be age 18 or older as of the date of submitting the Entry.
Employees and directors of Nokia, and Nokia’s respective parents, affiliates, subsidiaries, retailers, distributors, agencies and their respective officers, directors, employees and agents (collectively, "Released Parties") are not eligible to enter or win. Furthermore, household members of any Released Parties are also not eligible to enter or win.
If you enter the Competition as a member of a team, you understand and agree that, in order for a team to be eligible to participate, all of the members of the team must meet the eligibility criteria contained herein and agree to these Competition Terms. By entering, you warrant that you have obtained the appropriate agreement and/or approval by your team members. In addition, you understand and agree that if the team is selected to receive a prize, the team is responsible for ensuring that the prize will be appropriately distributed to each member of the team and each member of the team must agree upon the payment method. The eligibility of an Entrant is tied to the eligibility of the team. So if one member of a team does not comply with these Competition Terms or is disqualified, the team as a whole will be disqualified.
If you enter the Competition as part of a corporation or other legal entity (hereinafter collectively "Entity"), you warrant that the appropriate corporate officers, executives, managers or other persons having the authority to approve Entrant's Entry into this Competition have approved the Entrant's Entry and you understand that these Competition Terms will be binding on both you and the Entity. If such Entity is selected to receive a prize, a corporate officer or person entitled to bind the Entity will be required to validate that you are entitled to receive the prize on the behalf of the Entity and the corporate officer or person entitled to bind the Entity must provide the appropriate information for receiving the prize.
By entering, you agree to release, discharge, indemnify and hold harmless the 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 Competition 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.
4. Entry Requirements
To enter the Competition you must follow the instructions on the Competition website. Entries must comply with the Nokia Store Content Guidelines, which apply when publishing any content to Nokia Store. Additional specific criteria may be found on the Competition website. Nokia has the right at its sole discretion to add, change, amend, withdraw or revise any criteria and categories at any time without notice and in such event Nokia shall not have any liability whatsoever.
For a qualified Entry, you must submit all the information required on the Competition website. To qualify for a global prize, all Entry materials, including the application and the supporting documentation, must be in the English language. To qualify for any potential additional local prizes, the Entry materials must be in the local language as specified on the Competition website, e.g. in Arabic, Chinese, Dutch, French, Portuguese, Spanish, etc. To qualify for a New Nokia Asha 501, you must be among the first two hundred and fifty (250) Entrants who port an existing or create a new Java application to the New Nokia Asha 501, or for the first one hundred (100) Entrants who port an existing or create a new a Web App for the New Nokia Asha 501, that gets submitted for publication in Nokia Store and passes the Nokia Store certification process. Entrants can only qualify for one New Nokia Asha 501 overall, however Entrants may qualify for both prizes and a single New Nokia Asha 501.
5. Competition Judging and Prizes
The Competition judging begins on August 5, 2013. The panel of judges consists of representatives of Nokia or other people designated by Nokia.
All eligible Entries received 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. Additional criteria may also apply and will be posted on the Competition website. Consideration of Java application and Web App submissions for the possibility of receiving a New Nokia Asha 501 will be based solely on the order in which qualifying applications that pass the Nokia Store certification process are received.
The global prize winners will be announced in October 2013 (exact date to be announced later on the Competition website). Winner(s) will be awarded with prizes as defined on the Competition website. Nokia has the right, but no obligation, to award additional prizes. The New Nokia Asha 501 recipients are expected to be announced in October 2013.
Nokia reserves the right to not award all prizes or devices if, as determined in its sole discretion, it does not receive a sufficient number of either (i) eligible and qualified Entries, or (ii) Java application and/or Web App submissions to Nokia Store during the Competition Period. Throughout the Competition Period, Nokia specifically reserves the right, exercisable at its sole election, to screen any and all Entries and to disqualify from prize consideration any entries 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 Competition Terms.
NO PRIZE WINNER OR DEVICE RECIPIENT HEREUNDER SHALL BE PERMITTED TO (A) REPLACE HIS/HER DESIGNATED PRIZE AND/OR DEVICE WITH ANOTHER PRIZE, DEVICE OR ITEM, (B) TRANSFER OR ASSIGN HIS/HER DESIGNATED PRIZE AND/OR DEVICE TO ANOTHER PERSON, OR (C) REDEEM HIS/HER PRIZE AND/OR DEVICE FOR CASH. RELEASED PARTIES RESERVE THE RIGHT, EXERCISABLE AT ANY TIME IN THEIR SOLE DISCRETION, TO SUBSTITUTE A PRIZE (OR PORTION THEREOF) AND/OR DEVICE, PROVIDED THAT THE SUBSTITUTE PRIZE AND/OR DEVICE IS AN ITEM OF COMPARABLE OR GREATER VALUE. PRIZES ARE AWARDED "AS IS" WITH NO WARRANTY OR GUARANTEE, EITHER EXPRESSED OR IMPLIED BY THE RELEASED PARTIES. ALL PRIZE AND DEVICE DETAILS ARE AT NOKIA’S SOLE DISCRETION. NOKIA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO SUBSTITUTE A PRIZE AND/OR DEVICE OF EQUAL OR GREATER VALUE, IF PRIZE, OR PORTION OF PRIZE, BECOMES UNAVAILABLE. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE AND/OR DEVICE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE EACH WINNER’S SOLE RESPONSIBILITY.
6. Prize and Device Awarding and Taxes
Prizes and devices will only be awarded upon a potential winner’s verification of eligibility and compliance with these Competition Terms, any other country specific legislation based on winner’s domicile, and final approval by Nokia.
Potential winners will receive prize notification via telephone, electronic mail, and/or overnight mail. 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 Competition Terms, he/she will forfeit that prize and, at Nokia’s discretion, the prize will be awarded to a runner-up. Potential prize winners will have three (3) days from the date notification is issued to confirm that the notification has been received or, at Nokia’s discretion, the prize will be awarded to a runner-up. After confirming notification receipt, the potential prize winner will be sent via overnight mail (i) an affidavit of eligibility and compliance, and (ii) publicity (unless prohibited) and liability release forms. These forms must be completed, signed, notarized and returned to Nokia within three (3) days of date of issuance or prize will be forfeited and, at Nokia’s discretion, the prize will be awarded to a runner-up. Each 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 Competition and similar competitions provided by Nokia, in and all media now or hereafter devised worldwide without limitation and without notice or further compensation or permission, except where prohibited by law.
Potential device recipients will receive notification via telephone, electronic mail, and/or overnight mail. If a potential recipient cannot be contacted, is ineligible, fails to claim the device, if device or device notification is returned undeliverable, or if a potential recipient otherwise fails to fully comply with these Competition Terms, he/she will forfeit that device and, at Nokia’s discretion, the device will be awarded to the next qualified Java application and/or Web Apps submission in the order it was received by Nokia. Potential device recipients will have three (3) days from the date notification is issued to confirm that the notification has been received or, at Nokia’s discretion, the device may be awarded to the next qualifying submission.
Nokia is not responsible for decisions on the division or distribution of the prizes and/or devices among or between any team members or Entity. Decisions on how to distribute or divide any prize and/or device among individual team members or within Entity is the sole responsibility of the participating team or Entity.
All federal, state, local, and other taxes on prizes are the sole responsibility of the applicable winner and/or device recipient.
7. Disqualification from the Competition
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 or device hereunder.
Users found tampering with or abusing any aspect of this Competition, as solely determined by the judges, 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 Competition. Any attempt by any person to deliberately undermine the legitimate operation of the Competition 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 Competition (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 Competition, 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.
All Entries shall remain the property of Entrants. However by submitting an Entry and/or a Java and/or Web Apps submission, you acknowledge that Nokia may obtain many Entries and/or submissions under this Competition and that such Entries and/or submissions may be similar or identical in theme, idea, format or other respects to others submitted under this Competition and/or other competitions or otherwise involving Nokia. You acknowledge and agree that Nokia does not have now, nor shall it have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to your Entry and/or submission.
By submitting an Entry and/or a Java and/or Web Apps submission, you grant Nokia and its agents an unlimited, worldwide and perpetual license and right to publish, edit, use, publicly perform, or display the Entry and/or submission in any way, in any and all media, without limitation, and without consideration to the participant, for the purposes of evaluating the Entry and/or submission in connection with the Competition and for marketing and promotional purposes only (e.g., to advertise, display or otherwise promote Nokia's products and platforms by making screenshots and video clips available in any and all forms of media or website). However, by no means will your Entry and/or submission, and all accompanying personally identifiable information be used for non-Competition related purposes.
You hereby represent and warrant that (i) Entry and/or submission is your original work and was created by you, (ii) the Entry has not won previous awards granted by Nokia; (iii) the Entry and/or submission does not violate or infringe the intellectual property, proprietary or other rights of any third party, (iv) you possess and control all rights necessary to submit the Entry and/or submission irrevocably and without restriction to Nokia, and (v) that publication of the Entry and/or submission via various media including web posting, will not infringe on the rights any third party rights. You will indemnify and hold harmless Nokia from any claims to the contrary.
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 website. 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 Competition; typographical, printing or other errors in these Competition Terms, in any Competition related advertisements or other materials; the administration of the Competition, the judging of entries, the announcement of the prizes; or any problems related to the administration of the Competition.
This Competition is conducted in English (which will be given its everyday ordinary meaning), and any and all disputes will be resolved in accordance with the laws of the State of Finland.
Where Nokia has provided a translation of the English language version of the Competition website, then you agree that the translation is provided for your convenience only and that the English language version of the website alongside these Competition Terms will govern your relationship with Nokia. If there is any contradiction between what the English language version and a translation, then the English language version shall prevail.
10. Copy of Competition Terms/Names of the Winner(s)/Sponsor
For a copy of the Competition Terms or the names of the winners, send a self-addressed stamped envelope to: Nokia, Asha Developer Competition, Keilalahdentie 2-4, P.O. Box 100, FIN-00045 Nokia Group, Finland; please specify “Asha Developer Competition Winners Announcement” or “Asha Developer Competition Rules Request”.
Sponsor of the Asha Developer Competition: Nokia Corporation, Keilalahdentie 2-4, P.O. Box 100, FIN-00045 Nokia Group, Finland.