There Butterfly Award

TERMS AND CONDITIONS

The Butterfly Award

1. VARIABLES

1.1 Resident of: Australia & New Zealand only
1.2 Minimum age, if any: 18

1.3 Commencement time: 12:00 PM (AEST)

1.4 Commencement dates: Quarterly Period 1: 15th June 2009

Quarterly Period 2: 1st September 2009
Quarterly Period 3: 1st December 2009
Quarterly Period 4: 1st March 2010

1.5 Closing time: 12:00 PM (AEST)

1.6 Closing dates: Quarterly Period 1: 25th August 2009

Quarterly Period 2: 23rd November 2009
Quarterly Period 3: 22nd February 2010
Quarterly Period 4: 17th May 2010

1.7 Judging time: 12:00PM (AEST)
1.8 Judging date: Quarterly Period 1: 27th August 2009

Quarterly Period 2: 26th November 2009
Quarterly Period 3: 25th February 2010
Quarterly Period 4: 20th May 2010
Grand Prize: 20th May 2010

1.9 The names of each of the Quarterly Winners and the Grand Prize Winner will appear on http://mediacentre.ninemsn.com.au/butterflyaward on the following dates:

Quarterly Period 1: 28th August 2009

Quarterly Period 2: 27th November 2009
Quarterly Period 3: 26th February 2010
Quarterly Period 4: 21st May 2010
Grand Prize: 21st May 2010

2. WHO MAY ENTER

The only persons who may enter and be awarded prizes are those persons who:

(a) are employed as a member of a Creative Team of an Accredited Agency;

(b) are residents of the place specified in Condition 1.1;

(d) are not: (i) employees of, or contractors to, the Promoter or any of its agencies involved with this competition, or (ii) members of the Immediate family of such employees and contractors.

Agency means a professional advertising, media or creative agency incorporated in Australia or formed as a partnership in Australia, with an office in Australia and registered with an Australian Tax File Number, whose primary business includes the provision of creative marketing services to clients for profit.

Creative Team means the designated creative team within an Agency with the primary responsibility of designing and creating creative deliverables in response to clients briefs.

"Immediate family" means spouse, defacto spouse, parent, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the employee/contractor.

3. ENTRANTS BOUND BY CONDITIONS
By participating, Entrants agree to be bound by these conditions.

4. HOW TO ENTER

Entrants must:

(a) read and accept these terms and conditions;

(b) submit a story board or completed rich media advertisement created by the Creative Team in response to a Client Brief ("creative submission"). If the creative Submission consists of a completed rich media advertisment, the advertisment, if published previously, must not be older than one year (from the date of its first publication) and must not be a full page takeover advertisment. );

(c) submit a copy of, or a detailed summary of, the creative brief issued by a client of the Agency (the Client) to the Agency relating to the Creative Submission (Creative Brief) (after ensuring that the Entrant is not breaching any confidentiality obligations of the Client or infringing the clients intellectual property in any way) ;

(d) obtain the express approval and consent of the Client to provide the Client Brief and the Creative Submission to the Promoter for the purposes of this competition (including in connection with the Clients copyright, trade marks, intellectual property, goodwill and products/services);

(e) obtain the express approval and consent of their Agency to enter into this promotion on behalf of the Agency and the Creative Team;

(f) complete the Submission Form (which can be downloaded from http://mediacentre.ninemsn.com.au/butterflyaward); and

(g) submit their Creative Submission, the Client Brief and the Submission Form to Attention: MARKETING (Butterfly Award Competition) by:

(i) post, addressed to:

ninemsn Pty Limited
Tower Building, Australia Square
Level 7, 264 George Street
SYDNEY NSW 2000

(ii) email, addressed to marketing@ninemsn.com.au.

Entries that do not meet all of the criteria listed in this Condition 4 will be ineligible.

4a. Entries must be:

(i) the original independent creation of the entrant;

(ii) owned by the entrant;

(iii) free of any claims, including copyright or trademark claims, by other parties; and

(iv) submitted with the express approval and consent of the Client to provide the Client Brief and the Creative Submission to the Promoter for the purposes of this competition (including in connection with the Clients copyright, trade marks, intellectual property, goodwill and products/services).

4b. Entries must not:
(i) In the case of a rich media advertisement, be more than one year old (from the date of the advertisement's first publication);

(ii) be restricted in any way; or

(iii) infringe any third party rights.

4c. It is a condition of the awarding of each prize that the Quarterly Prize Winner (and the Grand Prize Winner) must, if requested to do so by the Promoter, sign and return any Affirmation of Eligibility to Enter, Declaration of consent of Client, Ownership of Entry, Release and Compliance, Licence or other statements provided to the Quarterly Prize Winner (and the Grand Prize Winner) by the Promoter. The failure to return the signed statements or any other consents, releases or licences will result in the entitlement to the prize being forfeited and the selection of another winner.

4d. The Promoter intends to publish the Creative Submissions of the Quarterly Winners and the Grand Prize Winner on its website. The Promoter may contact the relevant Client to obtain permission to do so. The failure to obtain such permission from a Client will result in the entitlement to the prize being forfeited and the selection of another winner.

4e. Where the Creative Submissions of the Quarterly Winners and the Grand Prize Winner is in the form of a story-board, the ninemsn creative services team will create a flash banner based on the story-board.

4f. The Promoter will not be liable for any lost entries and will not be returning any Creative Submissions or Client Briefs to the Entrants.

5. LIMITATIONS ON ENTRY
There is no limit to the number of entries per Entrant.

6. DURATION
The competition comprises four (4) distinct Quarterly Periods, with each Quarterly Period commencing at the Sydney time and dates specified in Conditions 1.3 and 1.4 and ending at the Sydney times and dates specified in Conditions 1.5 and 1.6.

7. SELECTION OF WINNERS

(a) QUARTERLY WINNERS

In each Quarterly Period, at the Sydney time and dates specified in Conditions 1.7 and 1.8, the judges will choose one (1) Quarterly Prize Winner as the entrant whose Creative Submission has demonstrated powerful brand building, clever integration within a larger media mix and creative cut-through. Each of the four (4) Quarterly Prize Winners will automatically be eligible to be selected as the Grand Prize Winner.

(b) GRAND PRIZE WINNER

At the Sydney time and dates specified in Conditions 1.7 and 1.8, the judges will chose one (1) Grand Prize Winner from the four (4) Quarterly Prize Winners in accordance with the same judging criteria as the Quarterly Winners (as set out in Condition 7(a) above).

Chance plays no part in determining the Quarterly Winners or the Grand Prize Winner.

The Promoter reserves the right to disqualify any entrant submitting an entry which, in the opinion of the Promoter, includes objectionable content, including but not limited to profanity, nudity, potentially insulting, scandalous, inflammatory or defamatory images or language, or an entry which the Promoter believes to not have had the express consent of the Client before it was submitted in this competition.

The judges' decision is final and no correspondence will be entered into.

8. PRIZES

(a) QUARTERLY PRIZES

One (1) Quarterly Prize will be awarded to each of the Quarterly Prize Winners. Each Quarterly Prize comprises a lunch at a restaurant of the Quarterly Prize Winners choice in Australia or New Zealand, up to the value of $1,500.

Each Quarterly Prize Winner may bring as many members of their Agency to the lunch as they like. The Promoter will only cover the cost of the lunch up to the value of $1,500. If the cost of the lunch exceeds that value, the Quarterly Prize Winner is liable for covering any excess amount. The Promoter will not pay for or provide transport to and from the selected restaurant for the Quarterly Prize Winners and their guests to attend the lunch.

(b) GRAND PRIZE

The Grand Prize Winner will be the entrant who has submitted the best entry out of the four (4) Quarterly Prize winners. The Grand Prize will be awarded to the Grand Prize Winner and one (1) guest of his/her choice, so long as the guest is an employee of the Agency and is 18 years of age or older.

The Grand Prize includes:

(a) economy class return flights for two (2) between the Grand Prize Winners nearest Australian international airport and Nice International Airport (valued at up to $4,000 per return flight);

(b) two (2) x two-and-a-half (2.5) day passes to the Cannes Lions International Advertising Festival (valued at $2,500 per ticket); and

Other Grand Prize Conditions:

The Grand Prize does not include:

� travel to or from the residence of the Grand Prize Winner and their guest and the Grand Prize Winners nearest Australian international airport;

� travel to or from Nice International Airport and the hotel accommodation in Cannes;

� travel to or from the hotel accommodation in Cannes and the Cannes Lions International Advertising Festival;

� spending money;

� travel insurance or any other insurances; or

� food, beverages, or any other goods/services not explicitly specified in Condition 2.2.

For the purposes of this competition, the nearest Australian international airport for New Zealand Entrants is Melbourne.

The Grand Prize Winner is responsible for their entry, and the entry of their guest, into France and all countries en route. This includes but is not limited to the holding of any necessary passports and visas.

. No compensation will be payable if the Grand Prize Winner or their guests is unable to use the Grand Prize as stated for whatever reason, including denial of entry into France or any other country, or the Cannes Lions International Advertising Festival. Any part of the Grand Prize which is not taken for any reason is forfeited.

. The travel suppliers, including the airline and hotel will be chosen by the Promoter.

. The Promoter will provide the Grand Prize Winner with reasonable notice of the dates of travel. Travel must be taken on dates advised by the Promoter and will be based on the dates of the Cannes Lions International Advertising Festival.

. The Promoter accepts no responsibility for variations in the value of the Grand Prize. The components of the Grand Prize may alter for reasons beyond the Promoters control (including without limitation due to fluctuations in currency exchange rates).

. The components of the Grand Prize must be taken together as a single trip to be booked by the Promoter and cannot be separated into different holiday vacations.

. Any part of the Grand Prize that is not taken for any reason is forfeited.

. Travel and accommodation are for the Grand Prize Winner and their guest travelling together.

. The Grand Prize cannot be exchanged for other travel or accommodation at other destinations.

. Frequent flyer points will not form part of the Grand Prize.

. The Grand Prize is subject to the standard terms and conditions of the respective products and services which constitute the Grand Prize.

. The Grand Prize Winner may be required to present a credit card at the time of accommodation check-in.

. Once the booking is confirmed, changes to the booking may incur a fee, including GST plus supplier charges. Any such fee will not be paid for by the Promoter.

. The Grand Prize Winner and their guest may be required to sign a liability waiver form to receive the Grand Prize. Failure to sign the liability waiver form may result in the Grand Prize Winner forfeiting the Grand Prize.

. It is a condition of accepting the Grand Prize that the Grand Prize Winner and their guest must comply with all the conditions of use of the Grand Prize and supplier requirements.

(c) VALUE OF PRIZES

. Quarterly Prizes Each Quarterly Prize is valued at $1,500. The total value of the four (4) Quarterly Prizes is $6,000.

. Grand Prize The Grand Prize is valued at up to $15,700.

The total value of the promotion is up to $21,700.

All prize items are valued inclusive of GST and the Promoter takes no responsibility for any variations in item values (including without limitation due to fluctuations in the currency exchange rates). The prize is not transferable, exchangeable or redeemable for cash. In the event that any prize item is unavailable, the Promoter reserves the right to substitute a prize item of equal or greater value. Any taxes (other than GST, if any) which may be payable as a consequence of a winner receiving the prize are the sole responsibility of the winners.

9. NO QUALITY, ETC, REPRESENTATIONS/EXCLUSION OF LIABILITY
The Promoter makes no representations or warranties as to the quality/suitability/merchantability of any of the goods/services offered as prizes. To the extent permitted by law, the Promoter is not liable for any loss suffered or sustained, to person or property and including, but not limited to, consequential (including economic) loss by reason of any act or omission, deliberate or negligent, by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods or services by any person to the prize winner and, where applicable, to any family/persons accompanying the winner.

The winner and his or her guests must sign and return any liability release provided by the Promoter and/or its contractors as a condition of the prize being awarded. A winner and any guests under 18 years must be accompanied by a parent or guardian who signs any liability indemnity provided by the Promoter as a condition of the prize being awarded. Failure to return the signed releases and indemnities will result in the entitlement to the prize being forfeited and the selection of another winner. This clause does not affect, and is not intended to affect, any rights a consumer might have, which are not able to be excluded under applicable Australian consumer protection laws. To the fullest extent permitted by law, any liability of the Promoter or its servant or agents for breach of any such rights is limited to the payment of the cost of having the prize supplied again.

10. WINNER NOTIFICATION AND PUBLICATION
Each Quarterly Prize Winner and the Grand Prize Winner will be notified by mail and may also be notified by telephone and/or email, using the details provided in their entry, and the name and Agency of the Quarterly Prize Winner and Grand Prize Winner will be published as specified in Condition 1.9.

11. OWNERSHIP OF ENTRIES
All entries become and remain the property of the Promoter.

12. LIABILITY, INDEMNITY AND RELEASE

In consideration for the Promoter accepting the Entrants entry, the Entrant releases and forever discharges the Promoter from all claims that the Entrant may have or may have had but for this release arising from or in connection with the Entrants participation in this promotion; the Entrants Creative Teams participation in the competition, each Quarterly Prize Winners acceptance and use of the Quarterly Prize, the Grand Prize Winners acceptance and use of the Grand Prize and the Grand Prize Winners guests acceptance and use of the Grand Prize.

The Entrant indemnifies and hold harmless the Promoter to the extent permitted by law in respect of any claim by any person (including but not limited to the Client, other entrants clients and other entrants in the promotion), arising as a result of or in connection with the Entrants participation in the promotion, the Entrants Creative Teams participation in the competition, each Quarterly Prize Winners acceptance and use of the Quarterly Prize, the Grand Prize Winner's acceptance and use of the Grand Prize and the Grand Prize Winners guests acceptance and use of the Grand Prize. In this Condition 12, all claims means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising.

13. INTERNET
If for any reason this competition is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration security, fairness, integrity or proper conduct of this competition, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the competition.

The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, entries. The Promoter is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or entry to be received by the Promoter on account of technical problems or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this competition. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR THE INFORMATION ON A WEBSITE, OR TO OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THIS COMPETITION, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WHETHER SUCCESSFUL OR NOT, THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.

14. PROMOTER
The Promoter is ninemsn Pty Limited (ABN 33 077 753 461) Level 7 Tower Building, Australia Square, 264 George Street, Sydney NSW 2000.

15. ENTIRE CONDITIONS

These conditions constitute the entire agreement of the parties relating to the entry and the conduct of the competition.

16. APPLICABLE LAW

TFor the purposes of this competition, any disputes whatsoever relating to this competition and its prizes are to be resolved according to the laws of New South Wales, Australia.

17. APPLICABLE CURRENCY

All amounts referred to in these terms and conditions are in Australian dollars.