NOKIA CARE U.S. “Nokia Lumia Tip of the Week” CONTEST
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST IF YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY. VOID WHERE PROHIBITED.
1. ELIGIBILITY: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The Nokia CARE U.S. “Nokia Lumia Tip of the Week” Contest (“Contest”) is open to legal residents of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees, officers and directors of Nokia, Inc. (“Sponsor”), Microsoft, their subsidiaries and affiliated companies, advertising, promotion, or production agencies and Web masters/suppliers (and their respective IRS dependents, immediate family members and individuals residing in their same household) (collectively, “Promotion Parties”) are not eligible to participate or win. The Contest is subject to applicable federal, state and local laws and regulations. Sponsor reserves the right, at any time, to verify eligibility requirements in any manner it deems appropriate. By participating, participants agree to these Official Rules, which are final and binding in all respects.
2. ENTRY PERIOD: The Contest begins on February 4, 2013 at 9:00:00 a.m. CDT and ends on April 18, 2013 at 9:59:59 p.m. CDT (the “Promotion Period”). For purposes of the Contest, the Promotion Period is divided into six (6) entry periods (collectively, the “Entry Periods” and each individually an “Entry Period”), as defined below:
|Entry Period||Start Date/Time||End Date/Time||Winner Notification Date|
|1||9:00:00 AM CDT on 2/4/13||9:59:59 PM CDT on 2/7/13||2/12/13|
|2||9:00:00 AM CDT on 2/18/13||9:59:59 PM CDT on 2/21/13||2/26/13|
|3||9:00:00 AM CDT on 3/4/13||9:59:59 PM CDT on 3/7/13||3/12/13|
|4||9:00:00 AM CDT on 3/18/13||9:59:59 PM CDT on 3/21/13||3/26/13|
|5||9:00:00 AM CDT on 4/1/13||9:59:59 PM CDT on 4/4/13||4/9/13|
|6||9:00:00 AM CDT on 4/15/13||9:59:59 PM CDT on 4/18/13||4/23/13|
4. ENTRY DETAILS: By submitting an Entry, you agree that your submission is gratuitous and made without restriction and will not place Sponsor under any obligation,that Sponsor is free to disclose or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen Entries. By entering, you acknowledge that Sponsor has no obligation to use or post any Entry you submit.
By submitting an Entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from a person who's name, likeness or image is used in the photo and (f) and that publication of the photo via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Sponsor and Released Parties from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize. By accepting a prize, the winner agrees that his/her Entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her photo, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their Entry. Sponsor reserves the right to use, alter, change or modify the winning Entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be requested by Sponsor, to confirm the ownership of record of the right, title and interest in and to the Entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. The rights granted to Sponsor under this Agreement are automatically granted on submission of the Entry and are in no way dependant on the receipt of a separate written assignment from the Entrant.
ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants.
As determined by the Sponsor, in its sole discretion, Entries must meet the following guidelines:
(i) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity;
(ii) Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
(iii) Cannot be obscene or offensive, endorse any form of hate or hate group;
(iv) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities;
(v) Cannot defame, misrepresent or contain disparaging or slanderous remarks about Nokia, its customers or its products, or other people, products or companies;
(vi) Cannot contain trademarks, logos or trade dress owned by others (except Nokia trademarks, logos or trade dress), or advertise or promote any brand or product of any kind (except Nokia products), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
(vii) Cannot contain copyrighted materials owned by others (including photographs, videos, sculptures, paintings and other works of art or images published on or in Web Sites, television, movies or other media or musical "samples" other than the musical tracks provided, except such materials owned by Nokia) without permission;
(viii) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than End-User, without permission;
(ix) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Nokia wishes to associate.
If you think that any Entry infringes your intellectual property rights, please email firstname.lastname@example.org.
5. Determination of Contest Winners:
A. Judging (Criteria): At the conclusion of each Entry Period, a panel of qualified judges, appointed by the Sponsor in its sole discretion, will select the top one (1) Entry from among all eligible Entries based on the following equally weighted criteria (“Judging Criteria”). :
· (50%) Originality of Tip
· (50%) Usefulness of Tip
The one (1) Entry with the highest total score will be deemed the Prize Winner for that Entry Period, subject to verification. In the event of a tie, tie breaker will be based upon the highest score in the first Judging Criteria, continuing to the next Judging Criteria, if needed. The judges’ decisions are final in all matters relating to this Contest.
Entry Period 1 Prize: One (1) Nokia Lumia 820 (Black), Approximate Retail Value (“ARV”) $399.00.
Entry Period 2 Prize: One (1) Nokia JBL Power-Up Speaker (Cyan), ARV $299.00.
Entry Period 3 Prize: One (1) Nokia Lumia 822 (White), ARV $449.00.
Entry Period 4 Prize: One (1) Nokia Lumia 810 (Black), ARV $449.00.
Entry Period 5 Prize: One (1) Nokia JBL Power-Up Speaker (White), ARV $299.00.
Entry Period 6 Prize: One (1) Nokia Lumia 920 (Cyan), ARV $449.00.
Total ARV of all prizes: $2,344.00. All costs and expenses associated with prize acceptance and use not specifically provided herein are the responsibility of the winner. Any difference between stated ARV and actual value of prize will not be awarded. Winner must accept prize as stated, or prize may be forfei
7. WINNER NOTIFICATION/REQUIREMENTS: Potential winners will be contacted by Twitter Direct Message (to the potential winners’ Twitter ID) on or about the Winner Notification Date set forth in Rule #2, to obtain mailing address and/or phone number. Sponsor is not responsible for any change in participants’ Twitter account, email, mailing address and/or telephone number. Prize winners may be required to complete, sign and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within ten (10) days of receipt of notification. If documents are not returned in a timely manner, if the prize notification or prize is returned as non-deliverable, or if a winner is found to be ineligible or otherwise not in compliance with these Official Rules, prize may be forfeited.
8. GENERAL CONDITIONS: As a condition of entering, participants agree (a) that Sponsor, Microsoft, their parent, subsidiaries and affiliated companies, advertising and promotion agencies, and all of their respective officers, directors, employees, representatives and agents (“Released Parties”) are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Contest or any Contest-related activities; (b) under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Contest, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. Except where legally prohibited, winners grant (and agree to confirm that grant in writing) permission to Sponsor and those acting under its authority the right to the use of his/her name, picture, likeness, voice, biographical information and statements, at any time or times, for advertising, trade, publicity and promotional purposes without additional compensation, in all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without notice, review or approval.
9. LIMITATIONS OF LIABILITY: Neither Sponsor nor its agencies are responsible for lost, illegible, late, misdirected, incomplete, mutilated, or non-delivered Tweets, mail or email; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, garbled, corrupted, scrambled, delayed, or misdirected transmissions, or computer hardware or software or telephone malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of Entry or other information or the failure to capture, or loss of, any such information. Neither Sponsor nor its agencies are responsible for any incorrect or inaccurate information, whether caused by website users, or by any equipment or programming associated with or utilized in this Contest; and assume no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or tampering with or hacking of the website. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with entry process or operation of Contest or to be acting in a non-sportsmanlike or disruptive manner, or with intent to threaten, abuse or harass any other person. Potential winners may be requested to provide Sponsor with proof that the potential winner is the authorized account holder of the Twitter account associated with the winning Entry and/or an eligible entrant. Sponsor is not responsible for injury or damage to participant's or any other person’s computer related to or resulting from participating in this Contest or downloading or copying materials from or use of website. If, for any reason, Contest, in the sole opinion of Sponsor, is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, hacking, unauthorized intervention, fraud, technical failures or any other causes which, in sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend Contest, and determine winners from eligible non-suspect Entries received prior to action taken, or as otherwise deemed fair and equitable by Sponsor. Use of any device to automate entry is prohibited.
10. GOVERNING LAW: By entering, participants agree that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules. By entering, participants consent to the jurisdiction and venue of the federal, state and local courts located in Dallas County, Texas.
11. WINNERS’ LIST: For the names of the winners, mail a self addressed stamped envelope to Nokia CARE U.S. Tip of the Week Contest, 4228 N. Central Expressway, Suite 200, Dallas, TX 75206. Requests must be received by May 31, 2013.
12. SPONSOR: Nokia Inc., 200 South Matilda Avenue, Sunnyvale, CA 94086. Do not send correspondence to this address.
Twitter is not a Sponsor of, or otherwise affiliated with, this Contest.