Nokia ‘Appy Christmas Competition

HOW TO ENTER

To be eligible to enter the Nokia ‘Appy Christmas Competition, individuals must:

1. Be residents of Australia who are 15 years old and above as of the date of participation
2. Tell us in one sentence what you think of the recommended daily app in the form of a Facebook comment or Twitter @ reply using the hashtag #AppyXmasAU. Submit your entry by the end of each week: 5pm on Sunday.

a. Week 1 closes: 9/12/13
b. Week 2 closes: 16/12/13
c. Week 3 closes: 23/12/13

3. Winners will be notified on the Monday of each week
4. Comply with these Terms and Conditions including the entry requirements

Employees (and their immediate families) of the Promoter and agencies associated with this promotion are ineligible to enter.

TERMS AND CONDITIONS

1. Information on how to enter form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.

2. In these Terms and Conditions:
“Promoter” means Nokia Australia Pty Limited (ABN 39 007 366 949) of Level 21, 1 Market Street, NSW 2000. Telephone (02) 9429 9000.
“Nokia ‘Appy Christmas Competition” means the promotion run by the Promoter in accordance with these Terms and Conditions.
“Promotion Period” means from the period from 9am Sydney Local Time on Sunday 1st December 2013 until 5pm Sydney Local Time on Tuesday 24th December 2013.
“Entrant” means anyone who decides to participate in the competition by submitting their entry through a Facebook comment or Tweet.

3. Entry into the Nokia ‘Appy Christmas Competition is free.

4. The Promoter accepts no responsibility for late, lost or misdirected entries or other communications. Incomplete or indecipherable entries will be deemed invalid unless otherwise accepted by the Promoter in its absolute discretion.

5. When you submit any materials via the Promotion including comments, recordings and images (“Content”), you, unless the Promoter advises otherwise, license and grant the Promoter, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, Irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.

You agree that you are fully responsible for the Content you submit. The Promoter shall not be liable in any way for such Content to the full extent permitted by law. The Promoter may remove any Content without notice for any reason whatsoever. You warrant and agree that: (a) you will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication; (b) you will obtain prior consent from any person or property that appears in your Content; (c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein; (d) your Content shall not contain viruses or cause injury or harm to any person or entity; and (e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

Without limiting any other terms herein, you indemnify the Promoter for any breach of the above terms.

6. All entries become property of the Promoter and its affiliated companies.

7. Judging – The winning entries, determined by the judges, will be selected based on creative and artistic merit.

Competition prize – The best five entries each day, chosen from entries on Facebook and Twitter, for the first 23 days as determined by the judges, will receive:

• a $20 Windows Phone app voucher
• entry into a draw to win a Nokia Lumia 1020

On the 24th of December, the best overall entry from one of the 115 winners will win a Nokia Lumia 1020.

This is a game of skill. There is no element of chance in the judging and determination of the Winner. All entries must be the original independent creation of the entrant and free of any claims that they infringe any third party rights. Entries must not have been published previously and/or have been used to win prizes in any other competitions.

8. The winner will be contacted by Facebook comment reply or Tweet. The winner will then have seven days to share their email address with the Promoter via private message on Facebook, or direct message on Twitter. The overall winner will provide their home address details to the Promoter to arrange delivery of their prize. Such delivery may be by courier service, postal service or other means as determined solely by the Promoter. To the extent permitted by law, the Promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to indirect or consequential loss) in the delivery of the prizes to the winner.

9. If for any reason a winner does not take a prize (or an element of the prize) by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited. Any winner whose prize has been forfeited shall not be entitled to any payment or compensation from the Promoter.

10. If any product forming part of the prize is unavailable, the Promoter, in its discretion, reserves the right to substitute that product with a product of similar value and/or specification.

11. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash.

12. The Promoter’s decision is final and no correspondence will be entered into.

13. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant whose entry is not in accordance with these Terms and Conditions or who tampers with the entry process. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.

14. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the promotion, as appropriate.

15. Entry and continued participation in the Promotion is dependent on entrants following and acting in accordance with the Facebook Statement of Rights and Responsibilities, which can be viewed at http://www.facebook.com/terms.php This promotion adheres to the terms and conditions set out in the Facebook promotion guidelines which can be found at: http://www.facebook.com/promotions_guidelines.php

16. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. Entrants understand that they are providing their information to the Promoter and not to Facebook or Twitter. The information an entrant provides will only be used for the purposes of this Promotion as outlined in these Terms and Conditions of entry. Any questions, comments or complaints about this promotion must be directed to the Promoter and not to Facebook or Twitter.

17. Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter's control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.

18. Entrants consent to the Promoter using the entrant's name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for the duration of the promotion without remuneration for the purpose of conducting and promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter and/or its affiliates.

19. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to the relevant authorities. The personal information may be transferred across international borders to server locations overseas. By providing the required information, you consent to the use of the information in accordance with these Terms and Conditions. Entry is conditional on providing this personal information. The Promoter may, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. Entrants should direct any request to access, update or correct information to the Promoter. The personal information collected from the promotion will be processed according to the Nokia Privacy Policy which forms part of the Terms and Conditions of the promotion. All entries become the property of the Promoter for the duration of the promotion.

20. Entrants are solely responsible for all charges incurred in participating in the promotion, including any internet, mobile phone charges and/or SMS charges, as may be applicable.

21. Any questions, comments or complaints regarding the promotion must be directed to the Promoter. Eligible entrants should e-mail social.nokia@fuelcommunications.com.au if they have any questions, comments or complaints.

22. In the event of any inconsistency between these Terms and Conditions and any brochure, marketing or promotional material relating to the promotion, these Terms and Conditions will prevail.

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