Regulations

Article 1. ORGANISATION

The Memodia Company with a capital of €7,500 Euros registered at the RCS in Paris under the number 452.244.627 of which the registered office is 75 Rue de Lourmel – 75015 PARIS has organised during the period 17 November 2009 to 10 March 2010 uniquely on the internet, a competition, free and without any obligation, named « The App Awards » (LES APPAWARDS). This competition is accessible on the website, Internet address: http://www.lesappawards.fr

Concerning the competition platforms: It is imperative that the application can be used on at least one of the following platforms:

- Apple / iPhone
- Symbian / Nokia
- Windows Mobile 6.5
- Rim / Blackberry
– Android

All trademarks, logos and other distinctive signs reproduced on the website and those websites with access by the intermediary of hyperlinks to the competition website, are the exclusive property of their owners and are protected as such under the Intellectual Property law.

All non-authorised reproduction of such trademarks, logos and signs constitute an infraction that may result in legal action. All software used on the site and those permitting access, as well as the text, comments, illustrations and images reproduced on the website and those permitting access are subject to authors rights and their unauthorised reproduction represents an infraction subject to legal action.

These present regulations define the judicial rules concerning this competition.

Article 2. PARTICIPATION

This competition, which is free and without any obligation, is open exclusively to Mobile Industry Professionals, aged at least 18 years old on the 31 December 2008, with the exclusion of the personnel of the organising company as well as their family members, including cohabiters, and generally, those of companies participating in the organisation of the competition, either directly or indirectly.

Article 2. PARTICIPATION DETAILS

To participate in this competition, candidates should visit the website http://www.lesappawards.fr, complete the online application form confirming the correct notification of name, first name, full contact details (complete postal and email addresses). Once the form has been completed and submitted, the file will be examined in accordance with the specified criteria for admission, these are:

- A useful application, ergonomic and practical for users.
- Economic model.
- An application that can be used on a mobile on at least one of these platforms; iPhone, Nokia, Symbian, Windows Mobile 6.5, Rim, Android
- Coherence in the Marketing Project (have a name, description, logo/website, etc…)

The applications must, amongst other things, fulfil the following conditions:

• They must not be sexually explicit or suggestive, uselessly violent, perjorative regarding age range, sex or ethnic, racial, religious or professional groups. They must not be blasphemous or pornographic and should not contain nude images.
• They should not promote alcohol, illicit drugs, tobacco, firearms or weapons (or their use), or an activity susceptible to being judged as dangerous or harmful or with a particular political message.
• They should not be obscene or offensive or encourage hate or a group inciting hate in any form;
• They should not promote acts of terrorism such as giving instructions on the methods of constructing a bob, grenade or any other type of weapon or give information on any illegal activity.
• They should not slander, give a false image or contain derogatory or libellous remarks concerning the promoter, their partners, other people, products or companies.
• They should not contain a patent, trademark, logo or commercial image belonging to a third party, promote any trademark or product without authorisation or contain personal identification such as license plate numbers, nicknames or postal or electronic addresses;
• They should not contain third party elements protected by authors rights (such as photographs, sculptures, paintings, and other works of art or images published on websites, television, cinema or other source) without prior authorisation;
• They should not contain elements incorporating names, images, photographs, or other items identifying a person, living or deceased, other than the participant, without prior authorisation;
• They should not communicate messages or images in contradiction of the positive image and/or reputation of which the promoter wishes to be associated;
• They should not illustrate, nor constitute themselves an infraction of any law.

ATTENTION: ONLY TWO APPLICATIONS may be submitted per participant during the competition. Beyond the limitation date set by the competition applications cannot be accepted. The organiser reserves the right, at their discretion, to control and examine the applications before publishing them on the competition website. As a participant, you acknowledge that the organiser has no obligation to use or publish your application on the competition website. Each company that submits an application declares and guarantees by the present that their application is their own original work of which they are personally the author and that the application has never been shown, it is completely original and does not violate owners rights, intellectual property rights or other third party rights in any way.

The employees and administrators of the trademarks represented by the jury, as well as the parent companies, affiliated companies, subsidiaries, distributors and agencies of the trademarks represented by the jury do not have voting rights for applications representing their trademarks.

Once sent, applications may not be revised or modified.

During the competition period, the competition organiser specifically reserves the right, exercisable at their discretion, to examine and disqualify any application considered, in their own opinion, as inappropriate or obscene. The participation in the competition of the organising company is solely electronically through the website and is individual in nature. Each participant should enter as an individual person and is consequently forbidden to use, directly or indirectly, any form of interrogation or request on the site. The participant should only use the indicated path to validate their participation.

A jury composed of 5 professionals from the mobile phone industry will evaluate the application of each participant according to the following criteria:

- Usefulness for the user.
- Ergonomics of the functions.
- Graphics on the user interface.
- Compatibility with the terminals.
- Compatibility with the platforms.
- Economic model.
- Marketing project.

The jury members will award a note of between 1 and 5 points for each criterion. The best 20 applications will be selected on the 15 February 2010 and presented the 9 and 10 March 2010.

Article 4. THE PRIZES

The first 3 prizes will be awarded according to the points granted by the jury, the winners will receive a Nokia mobile (Nokia N900).

One prize by the Streamezzo Company. The « Streamezzo Multiplatform Prize », with a value of €25,000 comprises a one year license for their developer platform which includes the following; 1 developer license (value €10 K) and an edition server for 10,000 active users (value €15 K). This prize is awarded for an application running on the 5 OS (Java, Android, iPhone, Symbian, RIM). If no proposed application runs on all 5 OS then the one chosen will be one that runs on 4, or if not ,3, or if not, 2, accordingly.

One prize by the public during the 9 and 10 March 2010. A public prize of a Nokia mobile will be put to the vote on site during the presentations of 5 mins of the application via their mobile.

The first four prize winners will receive support from the manufacturer Nokia for the promotion of their applications. *

* According to the maturity of the application and industrial constraints on Nokia.
The prizes will be distributed on the prize giving day.

- Any prizes returned to the Competition Organiser by the Post Office or by the transport company, for whatever reason (such as « No longer living at this address ») will be considered as abandoned by the winner.
- Any prize not claimed within a period of three months will be considered as abandoned by the winner(s).
- Any complementary details or practical information required for the prize giving will be given in a timely manner to the winners.
The prizes offered cannot give rise, by the participants, to any dispute or request to exchange them either for their monetary value or replacement or any other exchange for whatever reason. In the case of Force Majeure, or other such circumstances, Memodia Company reserves the right to replace any prize(s) won by other prizes of an equivalent or superior value.
- Without prejudice of all judiciary action and within the possibility of cancelling a participant’s application, the Organising Company is not held responsible for delivering a prize to a winner if said winner has not correctly filled in their details on the application form, if they have managed to falsify any competition results or if it is not in accordance with the present regulations.

The Organising Company will not be held responsible for any tardiness in the delivery of prizes due to events beyond their control which are the responsibility of the delivery service provider. The Organising Company is therefore under no legal or contractual obligation relating to the transport of attributed prizes. Also, the Organising Company cannot be held responsible for any damage to prizes due to transport operations. They decline all responsibility for the quality or state of the prize upon delivery.

Article 5. ANNOUNCEMENT OF WINNERS

Each winner will be announced during the 10 March 2010 in their presence. It should be noted that participants are identified by their contact details as indicated themselves on their application form. In the case of disputes, only the participation listing of the Organising Company will be recognised as official.

Article 6. PUBLICATION OF RESULTS

The information supplied by the participants can be used as part of a computer database.

The participants authorise the Competition Organiser to publish the name, first name and town of residence of the winners for purely informational purposes, having first obtained their prior agreement according to the present clauses of this article which are in accordance with current legislation. The participants benefit from the right to request information from the Contest Organiser in accordance with the rights of access for the verification of details concerning themselves. Participants may request to not be present on the data and so removed from the file at any moment, they have the right to access for verification and deletion of data concerning themselves upon a simple request to the Contest address according to the Freedom and Information Law of 6 January 1978, modified by the law number 2004-801 of 6 August 2004 relative to the protection of physical persons with relation to data treatment of a personal character and the decree number 2005-1309 of 20 October 2005.

In consequence, in application of the law number 78-17 of 6 January 1978 relating to computers, files and freedom, you possess the right of opposition (article 26 of the law), access (articles 34-38 of the law) and rectification (article 36 of the law) of data concerning yourself. Also, you may demand that any incorrect, inexact, incomplete, outdated or equivocal information is rectified, completed, updated or erased.

Article 7. OBTAINING THE REGULATIONS

These regulations can be obtained free of charge upon the submission of a simple request form to the Memodia Company – 75 Rue de Lourmel – 75015 PARIS.

The electronic records registered on the website: http://www.lesappawards.fr as designated in article 1 are considered as proof until proved to the contrary. Any interpretation difficulties that may arise will be ruled by the Organising Company.

Article 8. DEPOSITION AND CONSULTATION OF THE COMPETITION REGULATIONS

The present regulations have been deposited with SCP PINTUS – DI FAZIO – DECOTTE – DEROO, Bailiffs incorporated at Mornant 69440, 13 Rue Guillaumond following the notification of the contest regulations of 3 December 2009 which can be found as an appendix to the original notification concerning the study.