3.Eligibility

The Competition is open only to registered legal entities, excluding any of the affiliated companies of the Organizer. You must be authorized to represent a registered legal entity to participate in this Competition on behalf of the legal entity in question ("Participant"). Individual persons are not eligible to participate in the Competition. Further, any legal entities which the employees of Organizer, their immediate family (spouse, parents, siblings, and children) and/or household members have majority ownership of or otherwise control, may not participate in the Competition. Further, legal entities registered in Cuba, Iran, Syria, North Korea, Sudan and/or Myanmar may not participate in the Competition.

4.Duration of Competition

The Competition begins at 12:00 GMT on 3rd of April 2008 and will end at 12:00 GMT on 8th of September; Organizer reserves the right to shorten, extend, modify, or cancel the Competition at its sole discretion, at any time. Organizer will disqualify any Entries (as defined below) received after the end of the Competition.

Participant may withdraw from the Competition before the due date by giving Organizer a prior written notice to info@gamingchallenge.org

The Organizer reserves the option of any time changing the schedules, milestones and prizes at its sole discretion.

5.Competition entries, format and submission

Participant may submit as part of their entry into the Competition various content and material, including without limitation written descriptions, audiovisual works and software code ("Entry"). Competition Entries must consist only of Participant's own original work product. All Competition Entries must be new to the Competition. All Competition Entries must be made in the English language.

Any and all Competition Entries consisting of mobile application software must be new to the general public and not published in or via any media. Mobile application software that is currently available to the general public is not eligible. Further, submitted mobile application software must work on Nokia mobile platforms.

To be eligible for the Competition, all Competition Entries must comply with the above qualifications and be submitted in electronic form via the submission tool at official competition website http://developer.n-gage.com/innovation.

Competition Entries may not be submitted via any other method. Organizer will not review and will return or dispose of, at the Organizer's discretion, any Competition Entries made to other address or via other methods. Further, submission via other methods will cause the Participant's Entry to be dismissed from Competition.

Please note that the Organizer will not actually receive or review the Competition Entries. Eligible Entries are accessed and evaluated solely by the external review board described below.

6.Judging of the Competition

The Competition will be judged by an external review board. The external review board will consist of experts in the fields of mobile devices, gaming, software development, telecommunications and technology innovation invited to the external review board by the Organizer. No employees of Organizer or its affiliates participate in judging of the Competition.

The external review board will evaluate each Competition Entry at its sole discretion, using such criteria as the external review board deems appropriate, including for example the following:

• Uniqueness, novelty value and innovativeness of the game concept - display creativity in use of mobile handset features and technologies.
• Fun - Will this game concept be fun to play?
• Feasibility of the execution on selected mobile platforms. Is it technically feasible to develop this concept into a mobile game and realize the promise of the concept?
• Market potential - create breakthrough product, provide new business opportunities, establish new game genres.

The external review board shall work to elect the winning Competition Entry as well as runner-ups for the second and third place, if any, ("Winning Competition Entry"). The external review board decides at its sole discretion which prizes to award and may decide not to award any, some or all of the prizes announced for the Competition. The external review board will disclose only the Winning Competition Entry/ies, if any, to Organizer.

After the external review board has announced the Winning Competition Entry/ies, if any, its decision is final and the Participant may not contest the external review board's decision or submit the decision to any appeal or otherwise dispute it.

7.Prizes and intellectual property rights

Prizes

A Participant with a Winning Competition Entry will be offered the opportunity to explore together with Organizer's personnel the possibility of further development of their Winning Competition Entry toward a Nokia published game title on the corresponding Nokia platform. Such activities shall be subject to a separate agreement, if deemed appropriate by Organizer.

In addition, the first Winning Competition Entry will be awarded with 40.000 Euro, the second with 20.000 Euro and the third with 10.000 Euro to be used solely for the purpose of further development of the Winning Competition Entry in question. The Organizer will contact the winning Participants, if any, within 60 days from the decision of the external review board and notify them about payment schedule.

No transfer or assignment of prizes is allowed. Each winner is solely responsible for paying all taxes and fees associated with the prize monies.

Intellectual Property Rights

All prior intellectual property rights of the Participant in and to the Competition Entries will remain vested with the Participant.

However, notwithstanding the generality of the foregoing and as a condition of participation to the Competition, the Participant agrees that the Organizer shall have the right to acquire, subject to a mutually acceptable agreement, the intellectual property rights (or exclusive licenses thereto, if deemed sufficient by the Organizer) to their Entry in the event it is deemed a Winning Competition Entry by the external review board.

For the sake of clarity, any further development of the Winning Competition Entry toward a Nokia published game on the corresponding Nokia platform is subject to a separate agreement, negotiated between the Organizer and Participant, setting forth the terms and conditions applicable to such further development, if any, including without limitation the Organizer being granted exclusive licenses satisfactory to Organizer to or ownership of the Winning Competition Entry. The Participant understand and agrees that during the negotiations, the Winning Competition Entry will be taken into Organizer's game development and publishing process for further evaluation consisting of, among other things, an intellectual property right screening, playability evaluation and technical feasibility evaluation and any agreement is subject to the findings of the Organizer during said further evaluation. Therefore, Participant hereby grants Organizer a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, perform and create derivative works from a Winning Competition Entry for such further evaluation purposes.

For the avoidance of doubt, should the Organizer and Participant not agree on the further development of the Winning Competition Entry, the Participant is not required to return or refund any cash prize paid by Organizer.

Organiser's right to promote

The Participant also hereby grants the Organizer the non-exclusive right and license to use, reproduce, distribute, make available, publicly perform, and publicly display the Winning Competition Entry and any associated information of the Participant in connection with the advertising and promotion of Organizer's products and platforms.

Organiser's own development

Notwithstanding anything to the contrary in these Terms and Conditions, the Participant understands and agrees that Organizer (and its contractors for or on behalf of the Organizer) independently develops and may begin developing concepts, games and applications that are similar or identical to the Winning Competition Entry and/or other Entries and nothing in these Terms and Conditions shall limit the Organizer's (or its contractors for or on behalf of the Organizer) right to do so. The Participant will not be entitled to any rights in, or compensation in connection with, any such independently developed concepts, ideas or applications.

8.Participant warranties

The Participant warrants that the content and material submitted for the Competition as part of the Participants Entry has been originally developed or validly acquired by the Participant, and the Participant has not received notice of or otherwise is not aware of any claim or threat of claim that the submitted content infringe any patent, trade secret, copyright or any other intellectual property rights, publicity, privacy, moral or other proprietary rights of any third party.

Also the Participant warrants that the submitted Entry does not include any material that is infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By entering the Competition, Participant fully and unconditionally releases, indemnifies and holds harmless Organizer, and its affiliates, subsidiaries, directors, officers, employees and its advertising, and promotional agencies from any and all claims, demands, suits, losses, liability for any injuries, loss or damage of any kind arising from or in connection with the Competition, breach of these Terms and Conditions, except to the extent that this release may be limited by applicable law.

9.Privacy and Confidentiality

The Competition Entries shall be submitted to review by the external review board. The Organizer shall require in writing the External review board members to treat the Competition Entries as confidential information, provided however that no obligation of confidentiality shall cover any information which (a) was in the possession of the Organizer, its affiliates, or a member of the external Review board prior to disclosure hereunder; or (b) was in the public domain at the time of disclosure or later became part of the public domain without breach of the confidentiality obligations herein contained; or (c) was disclosed by a third party; or (d) was independently developed by the recipient and/or their organization having no access, or prior to having access, to the Participant's information supplied hereunder.

The Organizer may use any personal data (for example, your name, address, telephone number or e-mail address) you transmit by electronic mail or otherwise in accordance with the Privacy Policy.

Participant understands and agrees that Organizer will treat any communication or material you transmit, such as questions, comments, suggestions or the like, as non-confidential and nonproprietary.

For Privacy Policy see Privacy Policy.

10.Limitation of Liability

Organizer is not responsible for any incorrect or inaccurate transcription of information, for problems related to any of the equipment or programming associated with the Competition or utilized by the participant, for any human error, for any interruption, deletion, omission, defect, or failure of any network or electronic transmission, for problems relating to computer equipment, software, inability to access the Competition website or online service, or for any other technical or non-technical error or malfunction. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORGANIZER, ITS AFFILIATES, LICENSORS OR ITS SUPPLIERS, OR ANY MEMBER OF THE EXTERNAL REVIEW BOARD, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, RELATING TO THESE TERMS AND CONDITIONS, THE COMPETITION OR ANY TRANSACTION CONTEMPLATED HEREIN, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST GOODWILL AND WHETHER BASED ON BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM LIABILITY OF ORGANIZER, ITS AFFILIATES, LICENSORS OR ITS SUPPLIERS, OR ANY MEMBER OF THE EXTERNAL REVIEW BOARD, TO PARTICIPANT OR TO ANY THIRD PARTY ARISING OUT OF THESE TERMS AND CONDITIONS, THE COMPETITION, OR ANY ACTS OR OMISSIONS OF THE ORGANIZER OR THE EXTERNAL REVIEW BOARD WILL NOT EXCEED A TOTAL AGGREGATE AMOUNT OF TEN THOUSAND EURO (EUR 10,000.00).

11.Entire agreement

These Terms and Conditions constitute the entire agreement between Participant and Organizer pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided.

12.General provisions

The Organizer will investigate and decide on any breach or alleged breach of these Terms and Conditions, and its decision is final.

This Competition shall not constitute a commitment or create a joint venture, partnership, agency or other media or business relationship between the Participant and Organizer. This Competition shall not either be understood to grant to the Participant, whether expressly or by implication, any ownership, rights or license to any intellectual property rights (including without limitation trade names and trademarks) of the Organizer and/or its affiliates. The Participant may not make any use whatsoever, other than lawful use, of the Organizer's intellectual property rights including without limitation its name and/or any trademarks, brands, logos or similar.

13.Applicable law and dispute resolution

These Terms and Conditions are made under and shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of laws principles. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce. The arbitration shall be conducted in Helsinki, Finland, in the English language. The award shall be final and binding on the Parties.