Post Office Square Brisbane – In The Bonus
The State of Originality Competition
Terms & Conditions
Promotion The State of Originality
Promoter Nine Entertainment Co. Pty Ltd ABN 59 122 205 065 of 1 Denison Street, North
Sydney, NSW 2060
Promotion Sponsor N/A
Promotional Period Start Date: 21 October 2020 at 12:30pm AEDT
End Date: 12 May 2021 at 5:00pm AEST
Eligible entrants Permanent residents of Australia aged 18 years and over who are not ineligible to
enter the Promotion under clause 2 of the Terms and Conditions, and who are:
1. employed by a client or creative and/or media agency in Australia, or are
responsible for managing/booking advertising on behalf of a client; and
2. have the client’s permission to enter the Promotion. (Entrants)
Entry Method To enter the Promotion, an Entrant must, during the Promotional Period:
1. Create a television advertisement for the client’s brand with a duration of 15
seconds or more;
2. Book a TV advertising package on Channel 9 for their advertisement to a
minimum spend of AUD$150,000 within the Promoter’s broadcast of any of the
three State of Origin Games in 2021; and
3. Complete the promotion entry form at www.stateoforiginality.com.au.
1 entry per client during the Promotional Period. If an agency is entering on behalf of
more than 1 client, the agency may enter multiple entries, provided only 1 entry is
submitted per client during the Promotional Period.
Game of skill. Chance plays no part in determining the Winner.
There are 2 components to the Winner Determination: (1) Panel Vote; and (2) Viewer
Judging will take place by a panel of ‘Industry Creative Effectiveness Gurus’ selected
by the Promoter at 1 Denison Street, North Sydney, NSW 2060 on 16 July 2021 at
5:00pm AEST. The panel of judges will refer to the below judging criteria to give
each question response a point score between 0-5:
1. Is it simple?
2. Is it emotional?
3. Is it well branded?
4. Originality rating.
All valid entries will be aggregated and displayed in a gallery at
wwos.com.au/stateoforiginality for public voting during the period 9 June 2021 – 15
July 2021 (Viewer Vote Period). The Entrant with the most votes at the conclusion
of the Viewer Vote Period will be awarded 5 points, the Entrant with the second most
votes will receive 4 points, the Entrant with the third most votes will receive 3 points,
the Entrant with the fourth most votes will receive 2 points and the Entrant with the
fifth most votes will receive 1 point.
Final Winner Determination
At the conclusion of the Panel Vote, the Promoter will add the points awarded by the
Panel Vote and Viewer Vote to calculate a final point score for each Entrant. The
Winner will be the client with the highest point score.
For clarity, the maximum points available for each entry is 20 points through the
Panel Vote, plus an additional 5 points through the Viewer Vote.
Number of Winners 1
Winner Notification The Winner will be notified by phone and in writing within 2 days from the
Prize/s $1 million in advertising inventory for the winning client across the Promoter’s
Television, Radio, Digital and Print assets.
Prize Value: AUD$1,000,0000
A maximum of 50% of the Prize Value may be placed on TV. A maximum of 20%
of the Prize Value may be placed on any of the Promoter’s other assets, including
digital, print, radio or video on demand.
The Prize Value will be placed according to the Winner’s preferred campaign
timings, and will be scheduled in inventory according to the Promoter’s sole
The Promoter may nominate periods of extreme demand when unable to place
the Prize Value, whether in whole or in part.
The Prize Value must be utilised over a period no shorter than 3 months.
The total Prize Value must be utilised by 31 December 2021; any part of the Prize
Value not utilised by this date will expire.
The inventory will be valued at the Winner’s agreed rates/discount for the relevant
Total Prize Pool AUD$1,000,000
Prize Supplier/s Nine Entertainment Co. Pty Ltd
Winner Publication The Winner will be published on the website Nineforbrands.com.au within 7 days
from the judging/draw date, and will be promoted via an official press release from
31 December 2021
The winner of the Unclaimed Prize will be the client with the second highest final
point score as determined under the Final Winner Determination. The Unclaimed
Prize Winner will be notified by phone and in writing within 2 days from the
Unclaimed Prize Date.
All advertising bookings by the Entrant and the Winner are subject to the Promoter’s
terms and conditions available at https://www.nineforbrands.com.au/advertising-
Terms and Conditions
Entry into the Promotion
1 The Schedule above and all other entry instructions and prize information published by the
Promoter form part of these Terms and Conditions. Each Entrant agrees and acknowledges that
they have read these Terms and Conditions (and Schedule) and that entry into the Promotion
constitutes acceptance of these Terms and Conditions (and Schedule). All capitalised terms used
in these Terms and Conditions have the meaning given in the Schedule, unless stated or as the
context otherwise provides.
2 Entry is not open to:
a) directors, management, employees, officers and contractors of:
i. the Promoter,
ii. the Promotion Sponsor,
iii. the Prize Supplier/s,
iv. any related bodies corporate of the Promoter, the Promotion Sponsor and the Prize
v. the agencies and companies associated with the Promoter or the Promotion;
b) a spouse, de facto spouse, partner, guardian, parent, child or sibling (whether natural or by
marriage or adoption) of any person set out in clause 2a); and
c) any person who is ineligible to enter the Promotion under the Entry Restrictions (where
applicable) in the Schedule.
3 Entries must be received by the Promoter during the Promotional Period. All entries are deemed
to be received at the time of receipt by the Promoter, not the time of transmission by the Entrant.
Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
4 Entrants may submit entries up to the Maximum Entries. If multiple entries are permitted, each
entry must be submitted separately, and each entry must be unique.
5 Any and all entries that are made using any automated entry means, computer entry service or
any other mechanical or electronic means that allows an individual to automatically enter
repeatedly are invalid and will be rejected by the Promoter.
6 Entry into the Promotion via social media, promotional website or email is free. However, any
costs associated with accessing the relevant social media platform, promotional website or email
service are the responsibility of each Entrant and dependent on the internet service provider used.
7 All entries to the Promotion may be subject to verification by the Promoter. Entrants must, within
seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy
any documents that the Promoter may request establishing eligibility to enter the Promotion,
including but not limited to receipts, evidence of age, residence and identity. The Promoter may
decide in its sole discretion which documents are considered suitable for establishing eligibility to
enter or win. If a Winner cannot provide suitable proof of eligibility to the Promoter’s satisfaction,
they forfeit their Prize in whole and no substitute or compensation will be offered.
8 The Promoter may, at its absolute discretion, declare any or all entries made by an Entrant to be
invalid if the Entrant:
a) fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
b) fails to produce items as required by these Terms and Conditions or produces items that
appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in
any way; or
c) appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry
d) has submitted an entry that is not in accordance with these Terms and Conditions; or
e) has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is
fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the
Promotion or Promoter.
9 Entries must be submitted in accordance with the Entry Method and must not be: incomplete;
incomprehensible; unlawful or capable of violating any law or giving rise to a civil action; obscene;
defamatory or libellous; threatening or harassing; pornographic or contain nudity; hateful;
offensive; incite or be capable of encouraging conduct that would be considered a criminal offence;
and in violation of the terms and conditions of the relevant social media platform used to enter the
10 Entrants warrant that their entry is their own original work, it is not copied in any manner from any
other work, and it does not infringe the copyright, moral rights, trade mark rights or any other rights
of any third party.
11 The Promoter reserves the right to use, reproduce, distribute, prepare derivative works of and
display the entry material (and authorise others to do the same) for the purposes of conducting
and promoting the Promotion, awarding the Prize and advertising and marketing the Promoter or
the Promotion and/or future promotions on all media now known or later devised, in perpetuity.
12 By entering the Promotion, Entrants consent to any use of their entry by the Promoter which may
otherwise infringe an Entrant’s moral rights in the entry material, including (without limitation),
exercising any of the rights in the entry material without identifying the Entrant, and using the entry
material in any way that the Promoter sees fit, even if it results in derogatory treatment of the entry
material (as defined in the Copyright Act1968 (Cth)).
13 Each Entrant warrants that:
a) they have the full power and capacity to grant the rights, warranties and consents set out in
these Terms and Conditions;
b) they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
i. if any of the warranties given by the Entrant are false;
ii. as a result of any breach of clauses 9 and 10 of these Terms and Conditions by the
c) they have express consent from each person appearing in the entry material (or if a person
appearing in the entry material is under the age of 18 from that person’s parent or legal
guardian) and the owner of any private property (including any items, objects or real property)
appearing in the entry material.
14 The Number of Winners will be determined from all valid and eligible entries received during the
Promotional Period in accordance with the Winner Determination. The Winner/s will receive the
15 The Winner/s will be notified in accordance with the Winner Notification and the Winner/s name
will be published in accordance with the Winner Publication.
16 All reasonable attempts will be made to contact the Winner/s. Subject, where relevant, to any
direction given under the relevant State/Territory permit regulations, if a Prize is:
a) not claimed by the Winner by the Unclaimed Prize Date; or
b) forfeited for any reason,
that Prize will be awarded to the next best entry or the next valid entry drawn (as the case may
be). The winner of the Unclaimed Prize will be notified in accordance with the Unclaimed Prize
Winner Notification and the Unclaimed Prize Winner’s name will be published in accordance with
the Unclaimed Prize Winner Publication.
General prize terms
17 All Prize values are correct and based on the recommended retail value at the Start Date of the
18 If a Prize or any part of a Prize is unavailable for any reason, the Promoter will, in its absolute
discretion, substitute the Prize with another item of no lesser retail value, subject, where relevant,
to the approval of the authorities that have issued permits or authorities for the conduct of the
19 Unless expressly stated as being included in the Prize/s, all other costs and expenses associated
with taking the Prize/s become the responsibility of Winner/s.
20 Prizes cannot be transferred, refunded or exchanged and, except as expressly permitted by these
Terms and Conditions, cannot be taken as a monetary payment.
21 All aspects of a Prize must be taken together as a package. If for any reason a Winner does not
(or is unable to) take their Prize or an element of their Prize at the time stipulated by the Promoter,
they forfeit their Prize or that element of their Prize and no compensation or substitute will be
22 The Promoter reserves the right to refuse to allow an Entrant/Winner to take part or continue to
take part in any aspects of the Promotion or Prize/s, for any inappropriate behaviour, if the relevant
person does not or is not able to comply with any requirements normally associated with the
23 Winner/s should seek independent financial advice at the Winner’s sole expense regarding any
tax implications relating to the Prize/s or acceptance of the Prize/s.
24 Prizes cannot be used in conjunction with any other discounts or special offers.
25 Each Prize will be awarded to the client named in the winning entry (as judged or drawn – as the
case may be – in accordance with the Winner Determination).
26 Each Prize will be awarded in the Promoter’s sole discretion. The Promoter may invalidate any
prize claim where the Winner has breached these Terms and Conditions or otherwise failed to
comply with any requirement under these Terms and Conditions.
27 It is a condition of accepting the Prize/s that the Winner/s must sign any required documentation
(including legal documentation) in a form determined by the Promoter, Prize Supplier/s and/or the
Promotion Sponsor in their absolute discretion.
28 By accepting a Prize, Winner/s agree that:
a) if requested by the Promoter, the Winner/s will:
i. provide comments about the Promotion and/or a photo or audio-visual clip of themselves;
ii. participate in any promotional activity in connection with the Promotion or the Prize;
b) the Promoter may use their name, image, comments, photographs or audio-visual clips
(Materials) for publicity and promotional purposes in any form of media, without reference
or compensation to the Winner/s or any other person;
c) the Promoter may use, reproduce, edit and communicate to the public the Materials at any
time in any form of media;
d) the Promoter may license, authorise or otherwise transfer the rights in the Materials to others
to do the same; and
e) the Winner/s unconditionally and irrevocably consent to any act or omission that would
otherwise infringe any of their moral rights in the Materials and waive all moral rights in the
Use of social media
29 The following terms apply to the extent that the Promotion is conducted on, advertised or promoted
on a social media platform owned by a third party (Platform Operator):
a) each Entrant acknowledges and agrees that the Promotion is in no way sponsored,
endorsed or administered by, or associated with, any Platform Operator.
b) each Entrant releases each Platform Operator and its associated companies from all
liabilities arising in respect of the Promotion;
c) to the extent relevant to the Promotion, the Promoter agrees and each Entrant must agree
to adhere to the prevailing terms and conditions of each Platform Operator;
d) Entrants understand that they are providing their information to the Promoter and not to the
e) Entrants are solely responsible and liable for any content or information they transmit to
other users of the Platform Operator; and
f) any questions, comments or complaints about the Promotion must be directed to the
Promoter not the Platform Operator.
Limitation of liability
30 Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or
modify the statutory consumer guarantees as provided under the Competition and Consumer Act
2010, as well as any other implied warranties under the Australian Securities and Investments
Commission Act 2001 or similar State and Territory consumer protection laws (Non-Excludable
Guarantees). Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter, its associated agencies and companies (including each of their
respective directors, officers, employees, servants, contractors and agents past and present)
exclude all liability (including negligence), for any personal injury or death; or any loss or damage;
whether direct, indirect, special or consequential (including loss of opportunity and loss of profit),
arising in any way out of the Promotion or the Prize/s.
31 Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees,
the Promoter, its associated agencies and companies (including each of their respective directors,
officers, employees, servants, contractors and agents past and present) is not responsible for and
excludes all liability (including negligence), for any personal injury or death; or any loss or damage;
whether direct, indirect, special or consequential (including loss of opportunity and loss of profit),
arising in any way out of:
a) any technical difficulties or equipment malfunction (whether under the Promoter’s control);
b) any incorrect or inaccurate information, caused either by users, by any of the equipment or
programming associated with or used in connection with the Promotion, or by any technical
error that may occur in the course of the Promotion;
c) any delays or failures in any telecommunications services or equipment;
d) any error, omission, interruption, deletion, defect, delay in operation or transmission, theft,
destruction, unauthorised access or third party interference;
e) any entry or prize claim that is late, lost, incomplete, incorrectly submitted, delayed, illegible,
corrupted, altered, damaged or misdirected (whether after their receipt by the Promoter) due
to any reason beyond the reasonable control of the Promoter;
f) any variation in Prize value to that stated in these Terms and Conditions;
g) any tax liability incurred by a Winner or Entrant;
h) if a Prize or any part of a Prize is unavailable for any reason; or
i) use of the Prize/s.
32 If a Prize is to be delivered directly to a Winner by a third party supplier, the Promoter accepts no
responsibility or liability for any delay or failure by the third party to deliver the Prize, any loss or
damage to the Prize, any delay or failure relating to the Prize itself or failure by the third party
supplier to meet any obligations in these Terms and Conditions or otherwise.
33 The Promoter reserves the right to take any action necessary in its sole discretion at any time,
subject, where relevant, to any direction given under State/Territory permit regulations.
34 If there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final
and binding on each Entrant and no correspondence will be entered into.
35 Prize/s and participation in this Promotion may be subject to additional terms and conditions
imposed by third parties. Entrants and Winners must comply with any such additional terms and
conditions. The Promoter does not accept any responsibility and is not liable for any additional
conditions imposed on the taking of a Prize or participation in the Promotion. The terms and
conditions which apply to a Prize at the time it is issued to a Winner will prevail over these Terms
and Conditions, to the extent of any inconsistency.
36 If for any reason any aspect of this Promotion is not capable of running as planned, including,
without limitation, by reason of computer virus, communications network failure, bugs, tampering,
unauthorised intervention, fraud, technical failure, acts of God, civil unrest, strike, war, act of
terrorism or any other cause beyond the control of the Promoter, the Promoter reserves the right
in its sole discretion to cancel, terminate, modify or suspend the Promotion and invalidate any
affected entries, or suspend or modify a Prize, subject, where relevant, to any direction given
under the relevant State/Territory permit regulations.
37 Any attempt to cause damage to any website or the information on any website associated with
this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may
be a violation of criminal and civil laws. The Promoter and the Prize Supplier/s reserve the right to
seek damages in the fullest extent permitted by law if any such attempt is made, whether that
attempt results in any such damage, interference or undermining.
38 These Terms and Conditions are governed by the laws of New South Wales and each of the
relevant State authorities.
39 Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of
40 These Terms and Conditions and the Schedule constitute the entire terms and conditions between
each Entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or
amend these Terms and Conditions and the Schedule, subject, where relevant, to the approval of
the authorities that have issued permits or authorities for the conduct of the Promotion.
41 The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1998. The Promoter
will collect Entrants’ personal information in connection with this Promotion and will use and handle
the personal information in accordance with these Terms and Conditions and the Promoter’s
a) how Entrants may access or correct any of their personal information collected by the
b) how Entrants may lodge a complaint with the Promoter for a breach of any Australian Privacy
Principle (APP) or APP code, and how the Promoter will action such complaint.
42 If there is a Promotion Sponsor, the Promotion Sponsor may use the personal information of an
Entrant for marketing purposes if the Entrant has given their consent to be contacted by the