​1. Information on how to enter and prize details forms part of these Terms & Conditions of Entry.

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2. This document constitutes the Terms and Conditions of Entry (Terms and Conditions) for the Mackay Isaac Lucky Catch and Snap Competition and associated prizes (Competition) being conducted by Mackay Isaac Tourism Ltd (ABN 56 074 909 265) of Bluewater Lagoon, 2 Matsuura Drive, Mackay, QLD, 4740 (MIT/Promoter).

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3. Entry into the Competition is deemed to be an acceptance of these Terms and Conditions. Entries not complying with these Terms and Conditions are ineligible and MIT reserves its absolute right to disqualify any Entrant from the Competition if any entries do not comply with the Terms and Conditions.

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4. The Competition is a game of chance requiring the eligible Entrant to use legal and reasonable methods as directed by Fisheries Queensland recreational fishing guidelines to catch fish in accordance with these Terms and Conditions.

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5. The Competition is open to entry via two categories of registration.

• Individual registration: Open to anyone aged 16 years or older,

• Family registration: An entry made by a grandparent, parent, legal guardian or other adult relative over the age of 16 on behalf of a family. This registration permits entry into the competition by up to 6 other family members aged 5 years or older.

 

Definitions

6. In these Terms and Conditions of Entry, unless the contrary intention appears, words and phrases have the following meanings:

• “Cash Prize” means:

  • The Daily Draw which includes a Prize starting at AUD$1,000 and jackpotting each day if the Daily Draw Prize is not won up to a maximum of AUD$30,000 cash on the final day (8th October 2023); and

  • Three (3) select Super Draws that add an additional AUD$25,000 to the current value of the Daily Draw (i.e. if a prize is won on this applicable day the prize awarded will be AUD$25,000 plus the available Daily Draw value). These three (3) days will be determined by the Promoter prior to the commencement of the Competition Period.

  • Note: the available Daily Draw prize and/or Super Draw Prize will be advertised at 5am on the morning of each day on the www.luckycatchandsnap.com.au website or Lucky Catch and Snap App.

  • Should there be no Daily Draw or Super Draw Cash Prize Winners at any stage of the competition, ten AUD$1,000 prizes will be awarded using random draw from all fish entered and accepted.

• “Claim” means an Entrant has caught a fish matching the pre-determined Daily Combination of a location, species, and length.

• “Commercial Fishing Vessel” means a fishing boat devoted to or in any way associated with the catching, processing, or selling of fish for commercial purposes.

• “Competition Entry Period” means the period an Entrant can register to participate in the Competition via the www.luckycatchandsnap.com.au website or Lucky Catch and Snap App.

• “Competition Period” means the period between 9 September 2023 and 8 October 2023 which an Entrant can catch a fish and register their fish via the Lucky Catch and Snap App.

• “Daily Combination” means the location of the fish caught, the species of the fish caught, and the specific length of the fish caught match the pre-determined combination for the applicable Daily Draw / Super Draw. The Daily Combination will be pre-determined by the Promoter and/or an authorised Representative of the Promoter prior to the start of the Competition Period.

• “Entrant Identification” means proof of the Entrant’s identity including, if requested by MIT, the provision of legal identification documentation.

• “Entrant” means a person who is eligible to participate in the Competition and registered in accordance with the Terms and Conditions of Entry via the www.luckycatchandsnap.com.au website or Lucky Catch and Snap App and that registration has been accepted by Infofish.

• “Entry/Entries” the submission of a fish (and any other requested details) caught on any applicable day (between 5.00am AEST and 5.00pm AEST) via the Lucky Catch and Snap App.

• “Fisheries QLD” means Department of Primary Industry and Fisheries (DAF) in the jurisdiction of Queensland Australia.

• “InfoFish” means Infofish Australia Pty Ltd of 12 Mingoola Street, Murarrie Queensland 4172, Australia, which has been engaged as the independent company to deliver the event and verify claims.

• “Landing Net” means any shaped fishnet on a long handle to take a captured fish from the water.

• “Line Fishing” means a form of fishing involving a single line, which may or may not be contained by a rod or reel and may be a hand-held line and may only use accessories (rigs) such as hook(s) and/or sinker(s) and/or lure(s).

• “Net Fishing” means a form of fishing using a combination of lines weaved or woven in a grid-like structure of any size that is used to trap and catch single or multiple fish. This includes, but is not limited to, a “Drift Net”, “Cast Net”, “Gill Net”, “Seine”, “Trammel or Trammel Net”, “Trawl net”, “Dragnet” or “Trawl”.

• “Nominees” means any individual or entity nominated by MIT in connection with the conduct of the Competition including its Promotion Partners.

• “Prize Claim Verification” means the verification process set out in Clauses 26, 27, 28 and 29 required to be met to win the Cash Prize.

• “Registration” is the setting up of an account via the Lucky Catch and Snap mobile application (App) or via the website www.luckycatchandsnap.com.au.

• “Recreational Fishing Charter Vessel” or “Tourism Charter Vessel” means a boat that is being used exclusively for recreational fishing in the course of an arrangement under which money or some other consideration is, or is required to be, paid or given by or on behalf of a person or persons for the right to fish from that boat.

• “Setline, trawl, trawl line, trotline, spiller, and long-line” means a long fishing line with many shorter lines and hooks or lures attached to it.

• “Spear fishing” means any form of fishing involving a sharpened stick, wooden or metal pole or similar instrument.

• “Website” means the world wide web domain of www.luckycatchandsnap.com.au.

 

Competition Entries

7. Entry into the Competition is open to any person who meets the requirements of these Terms and Conditions.

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8. Employees and Families of MIT and Infofish, are not eligible to enter the Competition.
MIT 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. 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 MIT Nominee, a Promotion Partner, a sponsor, or an agent or agency associated with the Competition, MIT and its Nominees will exert a final discretionary decision in accordance with the Competition Terms and Conditions.

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9. Registration and entry into the Competition is free. Entrants must bear their own costs to participate in the Competition.

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10. Registrants must complete the registration process at the www.luckycatchandsnap.com.au website or Lucky Catch and Snap App to be eligible to participate in the Competition. Only one (1) standard registration per person (as per email address and mobile phone number). The registration must be accepted by Infofish in order for an individual to qualify to win a Cash Prize.

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11. Registration will be available via the www.luckycatchandsnap.com.au website or Lucky Catch and Snap App between 31 August 2023 and 5.00pm AEST on 8 October 2023 inclusive (Competition Entry Period).

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12. All Registrants must provide Identification in the form of a driver’s licence, passport, or birth certificate, to be awarded a Cash Prize.

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13. All photos submitted as part of Lucky Catch and Snap and any associated promotional activity will become the Property of MIT, its related bodies or Nominees for promotional purposes.

Competition Period

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14. The Competition will commence from 5.00am AEST 9 September 2023 and conclude at 5.00pm AEST on 8 October 2023 (Competition Period). For an Entry into any given day’s draw (Daily Draw/Super Draw) to be valid, the catch must be made and registered via the Lucky Catch and Snap App  between 5.00am and 5.00pm AEST on that applicable day.

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15. No Prizes will be awarded in circumstances where an Entrant catches or presents a fish outside of the Competition Period.

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Risks borne by Entrants

16. 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 voluntarily in participating in the Competition and will not hold MIT or its Nominees, liable for any damage to property, personal injury or death incurred in connection with participating in the Competition of whatsoever nature and howsoever caused including as a consequence of any negligent act or omission on the part of MIT or its Nominees.

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17. Entrants acknowledge and agree that MIT and its Nominees:

a) 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.
b) 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
c) 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

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18. An Entrant must have completed a valid registration at the www.luckycatchandsnap.com.au website or via the Lucky Catch and Snap App and complied with these Terms and Conditions to be eligible to complete an Entry into any applicable Daily Draw/Super Draw.

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19. At the time of Competition Period launch, Entrants do not require a Recreational Fishing License in Queensland but must comply with any changes in laws during the Competition.

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20. Entrants can enter up to a maximum of five (5) entries per day into any applicable Daily Draw/Super Draw. The fish caught on any given day are only relevant to that day’s Daily Draw and will not carry over in the subsequent days draw.

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21. Entrants must comply with the ‘DAF’ rules and legislation for recreational fishing.

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22. Should an entrant under the age of 16 have a valid claim to the daily prize, the prize will be claimable by the grandparent, parent, legal guardian or other adult relative over the age of 16 that registered the family category of entry

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23. Line Fishing is the only accepted fishing technique that 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 immediate disqualification.

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24. MIT and its Nominees can, at their discretion, undertake an investigation into the fishing technique used to catch a fish and will determine in their absolute discretion whether the fish was caught utilising the Line Fishing technique.

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25. Subject to clause 24, the Competition is not open to Commercial Fishing Vessels. MIT and its Nominees will determine in their absolute discretion whether a vessel constitutes a Commercial Fishing Vessel for the purposes of the Competition.

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26. 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.

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27. When an Entrant, in a manner compliant with these Terms and Conditions, submits an Entry, and the pre-determined combination of location, species, and length (Daily Combination) are confirmed by the Nominated Legal Agent undertaking the review on daily Entries, the Entrant must have completed the Prize Claim Verification process to qualify for the relevant Cash Prize.

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28. The Prize Claim Verification process will include and require the Entrant to meet the following requirements (Claim):-

a) The Entrant must take a photograph of the fish in a manner compliant with the sample photographs set-out on the Website. Sample photographs can be accessed on www.luckcatchandsnap.com.au. The Entrant must not bleed, clean, gut or scale the fish prior to taking the photographs.  The photograph must be taken of the fish on the officially branded Mackay Isaac’s Lucky Catch and Snap “brag mat” to clearly display the length of the fish and;
b) The Entrant must take and submit the photo (and other relevant details requested by the Promoter) using the Lucky Catch and Snap App at time of capture and;

c) Location tracking must be enabled in the app to verify location of capture and;
d) The Entrant is responsible for successful submission of the photo and entry and;
e) All photos (entries) must be caught, taken and submitted via the Lucky Catch and Snap App between 5.00am AEST and 5.00pm AEST each day.  Any fish submitted before 5.00am AEST or after 5.00pm AEST on any given day, even if caught before 5.00pm AEST will not be accepted for the relevant Daily Draw.

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29. Subject to Clause 28, the Entrant accepts the final advice provided by InfoFish and will be binding in the determination of the awarding of a Cash Prize Winner including but not limited to the following determinations:

a) If InfoFish deem at their discretion the fish to have been caught using a method other than Line Fishing, the Entrant will be disqualified from receiving the relevant Cash Prize.
b) If InfoFish deem at their discretion the fish displayed in the photograph uploaded by the Entrant in accordance with Clause 28(c) is not the original fish, the Entrant will be disqualified from receiving the relevant Cash Prize.

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30. Subject to Clause 28 and Clause 29, the Entrant will be declared a Cash Prize Winner upon final verification by the Promoter or the Nominated Legal Agent in the following manner:

a) If the fish meets the Daily Combination for a species, length and location (as pre-determined prior to the commencement of Competition Period by the Promoter and/or an authorised Representative of the Promoter).
b) Any evidence of photo tampering or manipulation will automatically disqualify any Entrant from receiving the relevant Cash Prize.
c) In accordance with Clause 29 if there is evidence of the Entrant using a fishing method other than the method outlined in Clauses 21 and 23, the Entrant will be disqualified from receiving the relevant Cash Prize.

d) Cash Prizes will be facilitated via EFT to Entrant declared as a Cash Prize Winner. The Entrant will be contacted to verify and confirm their bank details. Upon confirmation of their bank details, the Cash Prize payment will be facilitated within 20-business days. In the event the Entrant does not provide or is unwilling to provide Bank Details, the Cash Prize will be null and void.

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31. A Cash Prize Winner agrees, at MIT 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 MIT, its related bodies and Nominees using the Cash Prize Winner’s name, image and voice recording 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 MIT’s repeating any such broadcast, film or other recording at any time worldwide and in perpetuity. Any photographs taken by a Cash Prize Winner become the Property of MIT, its related bodies or Nominees for promotional purposes.

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32. Other Prizes, as advertised on www.luckycatchandsnap.com.au that form part of the Competition, are governed by these Terms and Conditions

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33. South Australian and non-Australian residents are ineligible to register and enter to win Cash Prizes.

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Collection of Personal Information

34. It is a term of entry that each Entrant agrees to MIT collecting personal information about the Entrant including (but not limited to) the following:

a) Full name;                                                                     
b) Age;
c) Email address;
d) Mobile Telephone number;

e) Postcode.
(‘Personal Information’)

 

Purpose and Use of Personal Information

35. 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.

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36. By entering the Competition, unless otherwise advised by the Entrant, each Entrant consents to the retention and use of his/her Personal Information by MIT and its Nominees. For details about who MIT are and how MIT uses Personal Information and what your rights are under Australian privacy laws, please see the MIT Privacy Policy, which is available at www.luckycatchandsnap.com.au. Uses may include future promotional, marketing and publicity purposes without any further reference or payment or other compensation to the Entrant, or distribution of marketing materials for goods or services from MIT or its Nominees.

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37. An Entrant may choose to opt-out of correspondence issued by MIT 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.

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38. An Entrant who receives correspondence from MIT’s Nominees may choose to opt-out of correspondence issued by a Nominee by following the opt-out instructions available in the communication.

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39. If MIT discloses Personal Information to a Nominee or third party, MIT will require the Nominee or third party to protect the Entrant’s Personal Information in a manner compliant with the laws of the Queensland and relevant Australian federal legislation.

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Method of Collecting Personal Information

40. Personal Information is collected from a person completing the Website registration as an Entrant and is required by MIT as a condition of participation in the Competition.

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41. Entrants consent to MIT publishing their name or alias and any Cash Prize winning results in the ‘Prizes’ section of the Website if MIT so chooses. MIT 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.

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42. Any tax liability or associated legislative or regulatory requirement arising as a result of accepting a Cash Prize is the responsibility of the recipient Entrant.

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Governing Law

43. 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 MIT and/or its Nominee is final, and no correspondence will be entered into.

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45. The Competition is governed by the Laws of Queensland. An Entrant agrees to be bound by the Laws of Queensland and to submit to the exclusive jurisdiction of the Courts of Queensland in the event of any dispute successfully brought before a Court.

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46. MIT 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 MIT 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.

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47. These Terms and Conditions form the basis of an agreement made between MIT and all Entrants which is made and entered into in Queensland.

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Authorised under: ACT Permit No. TP22/01678, NSW Authority No. TP/02101.