Official Rules for the 2011 Nokia Calling All Innovators North America Contest

ELIGIBILITY:

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.

HOW TO ENTER :
During the App Submission Period, publish your application or game (“App”) to the Ovi Store through the Ovi Publish Website. If you are not already an Ovi Publisher, you must register as an Ovi Publisher at the Ovi Publish Website before publishing your App. Ovi Store registration fees will apply but you will receive a refund of such fees as provided above. Once you have published your App through the Ovi Publish Website, log on to www.callingallinnovators.com/10M (“Contest Web Site”) during the App Submission Period and complete the Developer Contest registration form (“Registration Form”) and an App submission form (“App Submission Form”) for each App being entered in the Developer Contest. In order to be eligible to win, you must provide all information requested in the Registration Form and the App Submission Form during the App Submission Period and check the box indicating you (and the business entity you are acting on behalf of if applicable) agree to these Official Rules. Qualifying Apps must be designed, developed, fully compatible with, and published for the Nokia N8, and must be published for one of the following seventeen contest App categories (“Category”), and must be compliant with these Official Rules (“Qualifying App”):

• Application Categories
  • Books, Education & Reference
  • Business & Finance
  • City Guides & Maps
  • Entertainment
  • Lifestyle, Leisure, Health & Fitness
  • Music
  • News & Weather
  • Photo & Video
  • Productivity & Tools
  • Social Networks & Communication
  • Sports
• Game Categories
  • Action & Adventure
  • Card & Casino
  • Classics & Arcade
  • Puzzle & Strategy
  • Sports & Racing
  • Trivia & Education

Apps originally published to the Ovi Store for S60 5.0, S60 3.x, and/or Series 40 devices (“Legacy Apps “) that have had the Ovi Store device distribution modified after the fact to add the N8 to the device distribution for the same Ovi Store Content Item are not eligible.

Legacy Apps that have been modified and/or re-written for the N8, resulting in a new Ovi Store Content Item published for the N8 are eligible.

An App that has won a prize in previous Calling All Innovators contests is not eligible. App must be published in the appropriate Category and be substantially different from any other App submitted by Entrant. Determinations as to whether an Entry is substantially different from other Apps published by Entrant will be made by Nokia in its sole discretion and will be final and binding. Qualifying Apps must pass Ovi Store QA and be publicly available on Ovi Store to be eligible for this Contest. Apps also subject to all terms and conditions of the Ovi Store found at https://publish.ovi.com/info.

Apps must be the original work of the Entrant and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. Apps may not have won previous awards and may not have been published previously. If an App contains any material or elements that are not owned by the Entrant and/or which are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission, any and all releases and consents necessary to permit the sale, licensing, use and exhibition of the App.

Proof of publication is not considered proof or delivery to Nokia or receipt by Nokia of such App. In no event shall Nokia be responsible for any Apps that are not received prior to the Deadline, whether caused by (i) error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to its websites or e-mail system, (ii) technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, computer equipment, software, or (iii) technical problems, human error or traffic congestion on the internet or at any website, or any combination thereof.

Nokia reserves the right to investigate and verify any prize winner and disqualify any winner who it finds, in its sole judgment, has not complied with these Official Rules. Any Application that is considered by Nokia in its sole discretion to be objectionable or inappropriate will be disqualified and will not be eligible to win.

WINNER DETERMINATION:
170 Category Finalists – Nokia will release a new device (“New Device”) in the United States which is compatible with Apps developed for the N8, in early 2011 (“Release Date”). The “New Device Tracking Period” is defined as the 30 day period starting at 12:00:00am ET on the Release Date and ending at 11:59:59pm ET on the 29th day after the Release Date. Release Date is subject to change at Nokia’s discretion. The five (5) free Qualifying Apps in each Category with the highest number of downloads and the five (5) paid Qualifying Apps in each Category with the highest revenue as measured by the performance on the Ovi Store on the New Device during the New Device Tracking Period will be selected as the “Category Finalists” for a total of one hundred and seventy (170) Category Finalists. In the case of a tie, the free App in each Category that reached the highest number of downloads first, or the paid App in each Category that generated the highest amount of revenue first, will be the winner. Category Finalists will be notified via email to the email address provided as part of the registration for the Contest at the Contest Website on or about two weeks after the end of the New Device Tracking Period.

330 Device Winners – The one hundred and sixty five (165) free Apps with highest number of downloads from the Ovi Store on the New Device across all Categories during the New Device Tracking Period, other than the Category Finalists, and the one hundred and sixty five (165) paid Apps whose sale through the Ovi Store on the New Device generated the most revenue during the New Device Tracking Period, other than the Category Finalists, will be selected as “Device Winners” for a total of three hundred and thirty (330) Device Winners. In the case of a tie, the free App that reached the highest number of downloads the New Device Tracking Period first, or the paid App that generated the highest amount of revenue during the New Device Tracking Period first, will be the winner. Device Winners will be notified via email to the email address provided as part of the registration for the Contest on or about four weeks after the end of the New Device Tracking Period.

51 Category Winners – Nokia and AT&T will select three (3) Apps in each Category from the Category Finalists. The Apps will be selected by a qualified panel of judges (“Judges”) whose decisions are final and binding. Each App will be judged on the following equally weighted criteria (“Judging Criteria”):

1. Commercial viability in the U.S. and/or Canada: app must be relevant to U.S. and/or Canadian consumers and has the potential to deliver high Ovi Store downloads and/or purchases by consumers in USA and/or Canada.
2. Quality & Features: the application must be fully functional without errors and be fast and responsive. Breadth/completeness of application functionality and level of consumer utility delivered
3. Depth of integration with Nokia N8 and Symbian^3: use of native S^3 APIs, OpenGL APIs, Qt mobility APIs, Web and Flash Lite 4.0 platform services, advanced Java APIs
4. Uniqueness and innovativeness: app is new and unique and shows innovative use of available development technologies
5. User Interface: visually attractive, easy to use, follows Symbian^3 UI guidelines

2 Grand Prize Winners – Nokia and AT&T will select one (1) App from the First Prize Category Winners in the Application Categories, and one (1) App from the First Prize Category Winners in the Game Categories, with the highest overall scores based upon the criteria set forth above as the “Grand Prize Winners,” for a total of two (2) Grand Prize Winners. In the event of a tie, tie breaker will be based upon the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie. Grand Prize Winners will be notified via email to the email address provided as part of the registration for the Contest on or about six weeks after the end of the New Device Tracking Period.

2 Runner Up Prize Winners – Nokia and AT&T will select one (1) App from the Application Categories, and one (1) App from the Game Categories, with the next highest overall scores to the Grand Prize Winners, based upon the criteria set forth above as the “Runner Up Prize Winners” for a total of two (2) Runner Up Prize Winners. In the event of a tie, tie breaker will be based upon the highest score in the first Judging Criteria, continuing thereafter to each Judging Criteria in order, as needed, to break the tie. Runner Up Prize Winners will be notified via email to the email address provided as part of the registration for the Contest on or about six weeks after the end of the New Device Tracking Period.

PRIZES:
170 Category Finalist Prizes – Each of the verified Eligible Entrants that published one of the one hundred and seventy (170) Apps selected as Category Finalists will receive a New Symbian^3 Device. Approximate retail value (“ARV’) for each New Symbian^3 Device $400 USD / $418 CAD. Total ARV of Category Finalist Prizes $68,000 USD / $71,060 CAD.

330 Device Winner Prizes – Each of the verified Eligible Entrants that published one of the three hundred and thirty (330) Apps selected as Device Winners will receive a New Symbian^3 Device. Approximate retail value (“ARV’) for each New Symbian^3 Device $400 USD / $418 CAD. Total ARV of Device Winner Prizes $132,000 USD / $137,940 CAD.

51 Category Winner Prizes – Each of the verified Eligible Entrants that published one of the seventeen (17) Apps selected as a First Prize Category Winner will receive a check for $150,000 USD / $156,229 CAD. Each of the verified Eligible Entrants that published one of the seventeen (17) Apps selected as a Second Prize Category Winner will receive a check for $50,000 USD / $52,076 CAD. Each of the verified Eligible Entrants that published one of the seventeen (17) Apps selected as a Third Prize Category Winner will receive a check for $25,000 USD / $26,028 CAD. Total value of Category Winner prizes $3,825,000 USD / $3,983,661 CAD.

2 Grand Prizes – Each of the verified Eligible Entrants that published one of the two (2) Apps selected as a Grand Prize Winner will receive a check for $100,000 USD / $104,153 CAD and $1.9 million USD / $ 2,012,978 CAD in marketing promotion for the relevant App by Nokia.

2 Runner Up Prizes – Each of the verified Eligible Entrants that published one of the two (2) Apps selected as a Runner Up Winner will receive $1,000,000 USD / $1,059,615 CAD in marketing promotion for the relevant App by Nokia. The App from each Grand Prize Runner Up will be featured in a Nokia marketing campaign and related marketing materials, during the 2011 calendar year, worth $1.0M. Nokia marketing campaign and related marketing materials include a Nokia press release, premium placement on Ovi Store, placement in Nokia digital and social media efforts, and direct consumer messaging via email and/or SMS. Campaign creative, design and execution is at the sole discretion of Nokia, using approved marketing assets from winners. New Symbian^3 Device prizes do not include service. Winners are solely responsible for any taxes on Prizes. If any prize is $600 or more and winner is a legal U.S. resident, winner will receive an IRS Form 1099 for the approximate retail value of the prize. Non-U.S. residents may be subject to withholding taxes and such non-U.S. residents are responsible for the reporting and payment of any income tax. Winners in other jurisdictions are solely responsible for any taxes on Prizes unless otherwise required by applicable law or regulation. Prizes are not transferable. No cash redemptions. No substitutions, except by Nokia who reserves the right to substitute a prize of equal or greater value in its discretion. Winner selection is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. Winner and verification determinations are made by Nokia, whose decisions are final and binding in all respects. Total ARV of all prizes: $10,025,000 USD / $10,546,153 CAD

GENERAL CONDITIONS:
Winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release and Intellectual Property Transfer, and where lawful, a Publicity Release within seven (7) days of notification in a form provided by Nokia. Failure to return documents timely, or if Winner is found not to be in compliance with these Official Rules or otherwise ineligible, or if any prize notification is returned as undeliverable, it may result in disqualification.

Where permitted by law, Winners hereby give permission to Nokia and AT&T and its respective parent companies, distributors, affiliates, subsidiaries, officers, vendors, advertising agencies and promotion agencies and their respective directors, officers, employees, representatives and agents permission to use, reproduce, exhibit, display, print, distribute, publish and broadcast, without any obligation to compensate you, your name (and the name of the business entity you entered on behalf of, if applicable), city/state, picture, portrait, likeness, voice, biography, and winner's statement, contained in, or relating to, your App in the Developer Contest in any and all advertising marketing and promotional materials, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, except where prohibited by law, and without notice, approval or review by you.

Where permitted by law, you, and on behalf of your heirs, executors, administrators and assigns, agree to release and hold harmless Nokia and AT&T and their parent companies, distributors, affiliates, subsidiaries, officers, vendors, advertising agencies and promotion agencies, and each of their respective directors, officers, employees, representatives and agents from any and all liability for, or relating to, any and all rights, claims and causes of action whatsoever that you may have, or which may arise, against any of the foregoing for any matter or cause whatsoever, including without limitation, any injuries, loss or damage of any kind, whether direct or compensatory, incidental, consequential or otherwise to any person, including death, and property damage, arising in whole or in part, directly or indirectly, from your participation in any Developer Contest-related activity, or your participation in the Developer Contest, or the use by Nokia and/or AT&T of your App or name/likeness (or the name of the business entity on whose behalf you entered the Developer Contest, if applicable) as set forth herein.

Nokia reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Developer Contest; to be acting in violation of the Official Rules; to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person.

CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DEVELOPER CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, NOKIA RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

If for any reason this Developer Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Nokia, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Developer Contest, Nokia reserves the right to cancel, terminate, modify or suspend the Developer Contest. If the Developer Contest is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at http://www.instantaction.com.

ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE DEVELOPER CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, Nokia RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM THOSE RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY:
NOKIA AND AT&T DO NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ITS WEBSITES. NOKIA AND AT&T ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR TELEPHONE LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR ENTRY TO BE RECEIVED BY NOKIA ON ACCOUNT OF TECHNICAL PROBLEMS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, OR ANY COMBINATION THEREOF.

NOKIA AND AT&T ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR THE FAILURE TO CAPTURE SUCH INFORMATION, WHETHER CAUSED BY WEBSITE USERS, TAMPERING OR HACKING, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE DEVELOPER CONTEST. NOKIA AND AT&T ARE NOT RESPONSIBLE FOR INJURY OR DAMAGE TO PARTICIPANTS' OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING IN THIS DEVELOPER CONTEST.

IN NO EVENT WILL NOKIA, AT&T OR THEIR PARENT COMPANIES, DISTRIBUTORS, AFFILIATES, SUBSIDIARIES, OFFICERS, VENDORS, ADVERTISING AGENCIES AND PROMOTION AGENCIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THIS DEVELOPER CONTEST. WITHOUT LIMITING THE FOREGOING, EVERYTHING IN THIS DEVELOPER CONTEST IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION:
By participating in the Developer Contest, the Entrant represents and warrants as follows: (i) the Entrant has the full right and legal capacity to participate and is not a party to any agreement that would condition or restrict Entrant's ability to participate; (ii) Entrant is the sole and exclusive owner of the App; (iii) Entrant(s) has the right and power to perform his or her or its obligations as set forth in this document and to grant rights herein contained; (iv) Entrant has obtained all the necessary clearances, including, but not limited to copyright clearances, necessary for Nokia to copy, display, broadcast, publicly perform or distribute the App online during the Tracking Period and as set forth herein without any financial obligation; (v) the rights granted to Nokia via these Official Rules, including public display, public performance, distribution, and reproduction of App, will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal property right of any person or entity and App will not constitute a defamation of any third party; (vi) the App is wholly original with Entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (vii) the App does not and will not violate any applicable laws, and is not and will not be defamatory, pornographic, or obscene; Each Entrant(s) hereby agrees to indemnify, defend and hold Nokia and AT&T and their parent companies, affiliates, subsidiaries, directors, officers, employees, representatives and agents harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder. Individuals who enter the Developer Contest on behalf of a business entity represent and warrant that they have the right and authority to legally bind that business entity.

DISPUTES:
By entering the developer Contest, Entrant agrees that: (1) any claim, dispute, or controversy Entrant may have against Nokia or AT&T arising out of, relating to, or connected in any way with this Developer Contest or any prizes awarded in connection thereto, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for Entrant), or at such other location as may be mutually agreed upon by Entrant and Nokia or AT&T; (3) the arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Entrant’s and/or Nokia’s/AT&T’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Nokia/AT&T will pay as much of the Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither Entrant nor Nokia/AT&T shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, Entrants may visit the AAA website at http://www.adr.org.

WINNERS LIST:
To obtain a copy of any winners list, send a self-addressed stamped envelope to “2010 Nokia Calling All Innovators” Winners List, P.O. Box 181708, Dallas, TX 75218-8708. Requests must be received within 90 days after tracking period ends.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF:
Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and Nokia, and AT&T is not a confidential, fiduciary or other special relationship and that the Entrant’s decision to provide a submission for purposes of the Developer Contest does not place Nokia and AT&T in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s submission. Each Entrant understands and acknowledges that Nokia and AT&T has wide access to ideas, stories, designs and other materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to such Entrant’s submissions and/or each other in theme, idea, plot, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Nokia’s or AT&T’s use of any such similar or identical material that has or may come to Nokia or AT&Tfrom other sources. Each Entrant acknowledges and agrees that Nokia and AT&T do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of entrant’s copyright in and to such Entrant’s App.

Sponsor: Nokia Inc., 102 Corporate Park Drive, White Plains, NY 10604, United States

Co-sponsor: AT&T Mobility, LLC, 1025 Lenox Park Blvd, Atlanta, GA 30319