OVERVIEW OF TERMS AND CONDITIONS
Important note: these terms and conditions are for the following states and territories; New South Wales, Victoria, Tasmania, Western Australia, Queensland, Northern Territory and Australian Capital Territory. For South Australian Residents please see the South Australian Terms and Conditions found on the Gone Fishing Day website www.gonefishingday.com.au
- Information on how to enter and prize details forms part of these Terms & Conditions of Entry.
- This document constitutes the Terms and Conditions of Entry (Terms and Conditions) for the Gone Fishing Day 2020 Competition being conducted by the Australian Recreational Fishing Foundation Limited (ARFF) (ABN 89158223940) in all states and territories of Australia with and on behalf of the Promotion Partner: OzFish Unlimited Limited (ABN 29602568696)
- Entry into the Competition is deemed to be an acknowledgement of these Terms and Conditions. Entries not complying with these Terms and Conditions are ineligible and ARFF reserves its absolute right to disqualify any Entrant from the Competition if any entries do not comply with the Terms and Conditions.
- The Competition is a game of chance requiring the eligible Entrant to use legal and reasonable methods as directed by their relevant state or territory Fisheries recreational fishing guidelines.
- A participant (Entrant) must be aged 5 years or older to be eligible to participate in the Competition.
- In these Terms and Conditions of Entry, unless the contrary intention appears, words and phrases have the following meanings:
- “Prize Winner” shall mean each Entrant who submits a photo using the Gone Fishing Day app that was randomly selected during the Competition Period and in a manner compliant with the Terms and Conditions.
- “Prize” means:
- A gift voucher to the sum of AUD$20.00 redeemable at participating Fishing Tackle stores;
- Fishing tackle branded apparel with a retail value of AUD$20.00 toAUD$70.00;
- “Claim” means an Entrant who believes he or she was randomly drawn and they are eligible to receive the relevant Prize.
- “Competition Entry Period” means the period an Entrant can register to participate in the Competition via
the www.gonefishingday.com.au website.
- “Competition Period” means the period between 18 October 2020 6am AEST to 11:59pm AEST.
- “Entrant Identification” means proof of the Entrant’s identity including, if requested by ARFF, the provision of legal identification documentation.
- “Entrant” means a person who is eligible to participate in the Competition and has submitted a registration in accordance with the Terms and Conditions of Entry via the www.gonefishingday.com.au website or Gone Fishing Day app and that registration has been accepted by ARFF.
- “InfoFish” means Infofish Australia Pty Ltd of 12 Mingoola Street, Murarrie Queensland 4172, Australia, which has been engaged as the independent company to verify claims for ARFF prizes.
- “Prize Claim Verification” means the verification process set out in Clauses 25, 26 and 27 required to be met to win a Prize.
- “Website” means the world wide web domain ofwww.gonefishingday.com.au
- Entry into the Competition is open to any person who meets the requirements of these Terms and Conditions.
- Employees and Families of ARFF, who is the underwriter of the Prizes in the Competition and who is the promoter of the Competition, are not eligible to enter the Competition. ARFF’s Nominees, Promotion Partners, sponsors, agents or agencies associated with the Competition are eligible to enter the Competition unless the individual has been directly involved with the Competition planning committee which may deem the Entrant to have gained an advantage. Family members are defined as a spouse, de-facto spouse, parent, child, or sibling or in-law (whether full, half, step or by adoption). In reviewing whether an Entrant has gained any specific
advantage by way of an Entrant’s involvement as an ARFF Nominee, a Promotion Partner, a sponsor, or an agent or agency associated with the Competition, ARFF and its Nominees will exert a final discretionary decision in accordance with the Competition Terms and Conditions.
- Entry into the Competition is free. Entrants must bear their own costs to participate in the Competition.
- Entrants must complete the registration process at the www.gonefishingday.com.au website or Gone Fishing Day app to be eligible to participate in the Competition. The registration must be accepted by ARFF in order for an individual to qualify to win a Prize.
- Entry into the Competition will be available via
the www.gonefishingday.com.au website or Gone Fishing Day app between 14 September 2020 and 11:00pm AEST on 18 October 2020 inclusive (Competition Entry Period)
- All Entrants must provide Entrant Identification consistent with the Terms and Conditions, if requested by ARFF, to be awarded a Prize.
- The Competition will commence from 6:00am AEST 18 October 2020 and conclude at 11:59pm AEST on 18 October 2020.
- No Prizes will be awarded in circumstances where an Entrant presents a picture outside of the Competition Period.
RISKS BORNE BY ENTRANTS
- Entrants acknowledge that there may be inherent risks in participating in the Competition and that participation may involve potentially dangerous activities and risk to property, personal safety or death. Entrants accept all risks in participating in the Competition and will not hold ARFF or its Nominees (including Promotion Partners or sponsors), liable for any damage to property, personal injury or death incurred in connection with participating in the Competition.
- Entrants acknowledge and agree that ARFF and its Nominees (including Promotion Partners or sponsors):
- accept no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.
- have no control over communication networks or services, the Internet, or computer or telephone networks or lines and
accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise; and
- are not liable for any consequences of defects or errors including in connection with the Competition’s automated entry process, defect in any connectivity to the site or any device or software.
COMPETITION RULES AND PRIZE CLAIM VERIFICATION ACKNOWLEDGMENTS
- An Entrant must have completed a valid registration at
the www.gonefishingday.com.au website or the Gone Fishing Day app and complied with these Terms and Conditions before presenting any Claim for a Prize.
- At the time of Competition launch, Entrants may require a Recreational Fishing License in their state or territory and must comply with any changes in laws during the Competition. Permits are required if entering Aboriginal Land and permits may also be required for access to tidal waters overlying Aboriginal Land for fishing purposes.
- Entrants must comply with their relevant state or territory recreational fishing rules and legislation for recreational fishing.
- Only legal recreational fishing techniques and gear may be used by Entrants. An Entrant may also use a Landing Net in combination with Line Fishing. Other capturing or fishing methods are not permitted and will result in immediatedisqualification.
- ARFF and its Nominees can, at their discretion, will remove entries and photos deemed unacceptable and which does not meet ARFF’s National Code ofPractice.
- Subject to clause 23, the Competition is not open to Commercial Fishing Vessels. ARFF and its Nominees will determine in their absolute discretion whether a vessel constitutes a Commercial Fishing Vessel for the purposes of theCompetition.
- A Recreational Fishing Charter Vessel or Tourism Charter Vessel used by an Entrant is permitted as an eligible vessel to participate in the Competition. An Entrant may be required to prove that a vessel used in connection with the Competition is a Recreational Fishing or Tourism Charter Vessel.
- The Prize Claim Verification process will include and require the Entrant to meet the following requirements (Claim):-
- The Entrant must use a historical photograph or take a photograph using the Gone Fishing Day app of the fish or local water way in a manner compliant with the promoted instructions. A choice of 1 of 5 photograph categories is required.
- The Entrant must capture and upload the photographs of the fish or water way using the Gone Fishing Day app for verification by InfoFish.
- Subject to Clause 24 the Entrant accepts the final advice provided by InfoFish to ARFF will be binding in the determination of the awarding of a PrizeWinner:
- If InfoFish deem the fish to have been caught using a method other than legal recreational fishing the Entrant will be disqualified from receiving the relevant Prize.
- All entrants and Prize Winners agree, at ARFF’s request, to participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to ARFF, its related bodies and Nominees using the entrant or Prize Winner’s name and image in promotional material. Without limitation, Entrants consent to being broadcast, filmed, photographed, interviewed or otherwise recorded without compensation while participating in this Competition, or in taking or using any prize, and they consent to ARFF’s repeating any such broadcast, film or other recording at any time worldwide and in perpetuity. Any photographs taken by an entrant or Prize Winner become the Property of ARFF, its related bodies or Nominees for promotional purposes.
- Other Prizes, as advertised
COLLECTION OF PERSONAL INFORMATION
- It is a term of entry that each Entrant agrees to ARFF collecting personal information about the Entrant including (but not limited to) the following:
- Full name;
- Country of Residence;
- Email address;
- Telephone number.
- How they heard about the competition (‘Personal Information’)
PURPOSE AND USE OF PERSONAL INFORMATION
- Personal Information will be collected, managed and administered to communicate with Entrants (including by email) and to comply with legal and regulatory obligations and for marketing and ancillary purposes.
- An Entrant may choose to opt-out of correspondence issued by ARFF by following the opt-out instructions available in the communication. Opt-out of correspondence will not constitute an Entrant being disqualified from participating in the Competition.
- An Entrant who receives correspondence from ARFF’s Nominees may choose to opt-out of correspondence issued by a Nominee by following the opt-out instructions available in the communication.
- If ARFF discloses Personal Information to a Nominee or third party, ARFF will require the Nominee or third party to protect the Entrant’s Personal Information in a manner compliant with the laws of Australian federal legislation.
METHOD OF COLLECTING PERSONAL INFORMATION
- Personal Information is collected from a person completing the Website or App registration as an Entrant and is required by ARFF as a condition of participation in the Competition.
- Entrants consent to ARFF publishing their name or alias and any Prize-winning results in the ‘Prizes’ section of the Website if ARFF so chooses. ARFF will not be held responsible for any loss of
reputation, status or otherwise of an Entrant in connection with the publication of an Entrant’s Personal Information.
- Any tax liability or associated legislative or regulatory requirement arising as a result of accepting a Prize is the responsibility of the recipient Entrant.
- In the event there is a dispute or issue concerning or in any way arising out of or in relation to any aspect of the conduct, management or determination about the Competition, the decision of ARFF and/or its Nominee is final and no correspondence will be entered into.
- The Competition is governed by the Laws of the different states and territories of Australia. An Entrant agrees to be bound by the Laws of their relevant state or territory and to submit to the exclusive jurisdiction of the Courts of their state or territory in the event of any dispute successfully brought before a Court.
- ARFF reserves the right to change, add or alter any of the terms and conditions (including adding more prizes but not reducing the number of existing prizes) if in the absolute discretion of ARFF it is in the interest of the Competition and such change will be notified to the Entrant by being placed on the Website and each Entrant will be bound by such change, addition or alteration to the Terms and Conditions.
- These Terms and Conditions form the basis of an agreement made between ARFF and all Entrants which is made and entered into in each state and territory of Australia.
THE PRIZE(S) AND DETAILS OF PRIZE DRAW
- The Competition is a game of chance chosen randomly from the Competition entrants. Prizes will be randomly drawn every 5 minutes during the competition period. The following prizes are subject to change at any time at the discretion of ARFF or its Nominees:
Random Prize Draws Every 5 minutes!
$20 BCF instant giftcards or Shimano apparel from 6am – 6pm on the day.
1. Local Waterway Needs Focus
Send us a photo or video and 25 words on why we should focus on your local waterway for your chance to win a $500.00 BCF giftcard courtesy of OzFish Unlimited.
2. Local Waterways Happy Place Prize
Send us a photo or video and 25 words telling us what you love about your local waterway for your chance to win a $500.00 BCF giftcard courtesy of OzFish Unlimited.
3. Family Fishing Heros
Send us a photo or video of your family fishing and 25 words (or less) telling us why your family loves fishing your local waterway for your chance to win a $500.00 BCF giftcard courtesy of OzFish Unlimited.
4. Best underway video of Fish Habitat
Send us a clip of your video and 25 words for your chance to win a Navico Sounder.
THE PRIZE DRAWS WILL TAKE PLACE ON THE 18 AND 19 OCTOBER 2020 TOTAL PRIZEPOOL $ 7000.00
REDRAW OF PRIZES
- If a prize is not claimed by a winning entrant by the 9th November 2020 a redraw of that prize will be undertaken on 11:00am AEST, 10th November 2020. The redraw will take place at 90 Murramarang Road, Bawley Point NSW 2539 using a certified electronic random draw facility. Redrawn entrant winners will be notified on the Gone Fishing Day website (www.gonefishingday.com.au), on the Gone Fish Day Facebook page and correspondence sent to winning entrant’s emailaddress.
- This Competition is in no way sponsored, endorsed or administered by, or associated with, Facebook. Eligible persons understand that they are providing their information to ARFF and not to Facebook. The information an Entrant provides will only be used for the purposes outlined in these Conditions. Any questions, comments or complaints about this Competition must be directed to ARFF and not to Facebook.
- Caution: any attempt to cause damage to any website or the information on any website associated with this Competition or to otherwise undermine the fair and legitimate operation of this Competition may be a violation of criminal and civil laws. ARFF reserves the right to seek damages to the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference orundermining.
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders ARFF’s ability to proceed with the Competition on the date and in the manner described in these Terms and Conditions, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, or an Australian Government(s) directive, ARFF may in its absolute discretion cancel the Competition and recommence it from the start on the same conditions.
- ARFF is not responsible for lost, interrupted communications or unavailable server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.
- If this Competition 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 ARFF, ARFF reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any Entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Competition, as appropriate.
- Except for any liability that cannot by law be excluded, ARFF (including its respective officers, employees and agents) is not responsible for and 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: (a) any technical difficulties or equipment malfunction (whether or not under ARFF’scontrol);
(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 ARFF), due to any reason beyond the control of ARFF;
- any variation in prize value to that stated in these Terms and Conditions;
- any tax liability incurred by the winner or entrant; or (f) use of the prize.
- 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, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (‘Non-Excludable Guarantees’). Except
for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, ARFF (including its respective 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 Competition.
ACT Permit No. TP 20/01309