Below are the terms and conditions for the fishing competition (‘Competition’) consisting of Part A (Key Details) and Part B (General Terms and Conditions), as held by Corbett Anglers Pty Ltd ACN 683 930 538 (‘Organisers’).] By submitting an entry for the Competition, you agree to be bound to these terms and conditions.
Part A – Key Details
Part B – General Terms and Conditions
1. COMPETITION PERIOD
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- (a) The Competition will commence on the Start Date at the Start Time and end on the End Date at the End Time (Competition Period).
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- (b) The winners of the First Prize and Second Prize will be announced by the Organisers the day after the End Date by way of:
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- (i) a video announcement on the Organisers’ Facebook or Instagram account, or a longer timeframe if notified by the Organisers on its website; and/or
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- (ii) a phone call and email from the Organisers using the contact information
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- provided by the winning Eligible Entrant.
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- (b) The winners of the First Prize and Second Prize will be announced by the Organisers the day after the End Date by way of:
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- (c) The winner of the Third Prize will be announced by the Organisers via the same
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- methods specified in subclauses 1(b)(i) and (ii) at the end of the voting period, being one
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- (1) week after the End Date.
2. ELIGIBILITY
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- (d) Entry is open to participants that meet the Eligibility Criteria in Part A that pay the Entry Fee (Eligible Entrants).
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- (e) All Eligible Entrants must be eighteen (18) years old or older at the time of submitting an entry.
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- (f) A participant who is younger than eighteen (18) years old must be accompanied by a parent or guardian who satisfies the age requirement in clause 2(b).
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- (g) Directors, management and employees of the Organisers and their immediate family are not eligible to enter the Competition. In addition, retailers, suppliers, associated entities and agencies engaged by or related to the Competition are ineligible to enter.
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- (h) For the purposes of clause 2(b), “immediate family” includes a person’s spouse, ex spouse, de-facto spouse, child, step child, adopted child, parent, step-parent, grandparent, uncle, aunt, siblings, step-siblings, or first cousin, whether or not they live in the same household.
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- (i) Eligible Entrants are responsible for all expenses that they incur as a result of participating in the Competition.
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- (j) The Organisers reserve the right to disqualify any participant who does not meet the Eligibility Criteria or violates any of the terms outlined in these Terms and Conditions.
3. HOW TO ENTER
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- (k) To validly enter the Competition, Eligible Entrants must use the Entry Method in Part A and pay the Entry Fee in Part A before the Start Date of the Competition.
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- (l) If a party:
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- (i) is not an Eligible Entrant; or
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- (ii) does not enter the Competition in accordance with the Entry Method in Part A
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- before the End Time on the End Date in Part A; or
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- (iii) does not pay the Entry Fee before the Start Date of the Competition;
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- their entry is deemed null and void.
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- (l) If a party:
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- (m) Once an Eligible Entrant has submitted a valid entry, they may not amend, withdraw or cancel their entry, and no refunds will be provided, except as required by law.
4. ENTRY CONTENT
4.1 PHOTOGRAPHIC AND VIDEO EVIDENCE
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- (a) Prior to a fish being deemed a winning fish, the Eligible Entrant must provide a clear photo of the fish on a certified measuring brag mat that is widely used in Australia (such as a Shimano or Daiwa branded brag mats).
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- (b) If an Eligible Entrant uses a certified brag mat that is not Shimano or Daiwa branded, the organisers may, at their sole discretion, request further evidence to verify the length of the fish or to employ alternative methods to determine the length of the fish. This ensures all fish are measured consistently and fairly, regardless of the mat used.
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- (c) Any custom-made or non-certified mats are not permitted to be used for measuring the fish.
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- (d) The submitted photo must clearly display the entire fish, in focus and without obstruction, showing its full length from the tip of the mouth to the tip of the tail. The fish must not appear to be stretched or have its tail pinched to make it appear longer. Participants will be asked to show a time stamp on their photo for evidence of time and date.
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- (e) The photo must depict a clean and intact fish, free from sand, blood, or any damage that may obstruct its measurement.
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- (f) The Entrant must also submit a video that includes them audibly stating their name, the day of the week and the date. Participants may also audibly say “Corbett Anglers” followed by the date and time. Participants would then have to prove and match their name with their entry. Failure to do so will then become null and void.
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- (g) The fish must be visibly alive at the time of submission to prevent the use of fish sourced from markets or other unethical means.
4.2 PROHIBITED CONDUCT
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- (a) Any photo or video submission suspected of being altered, doctored, or manipulated (including, but not limited to, Photoshop or AI editing) will be subject to forensic pixel data analysis or deep fake detection.
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- (b) If the submitted evidence is found to be altered, fraudulent, or an old image, the Entrant will be disqualified, their entry will be deemed null and void, and they will forfeit their entry fee.
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- (c) The Eligible Entrant must not:
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- (i) use traps, throw nets or spear guns to catch fish for the Competition; or
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- (ii) submit a fish that has been entered in any other competition. The fish must be
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- exclusively used for the current Competition.
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- (c) The Eligible Entrant must not:
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- (d) The Organisers reserve the right to ban Entrants that engage in prohibited conduct from participating in future Competitions that they host.
4.3 ORIGINAL CONTENT
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- a) Entries must be the Eligible Entrants’ original work. The Organisers reserve the right to
require the Eligible Entrants to verify that the entry is the Eligible Entrants’ original work. If
the Organisers are unable to verify that the entry is original work to their satisfaction, the
entry will be deemed invalid.
- a) Entries must be the Eligible Entrants’ original work. The Organisers reserve the right to
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- (b) Eligible Entrants warrant that their entry is not in breach of any third-party intellectual
property rights. Eligible Entrants agree to indemnify the Organisers and their associated
agencies against all losses, damages, claims and costs by third parties arising out of,
connected to, or resulting from, a breach of the warranty set out in this clause.
- (b) Eligible Entrants warrant that their entry is not in breach of any third-party intellectual
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- (c) Eligible Entrants’ entries must not include:
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- (i) any images, video or voice of any person without that person’s express consent
(including by ensuring that person has signed a release form) for such image,
video or voice to be used by the Organisers for the Purpose;
- (i) any images, video or voice of any person without that person’s express consent
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- (ii) any content that contravenes any law; and
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- (iii) any content that is obscene, offensive, potentially defamatory, discriminatory,
indecent, prejudicial or inconsistent with prevailing community standards.
- (iii) any content that is obscene, offensive, potentially defamatory, discriminatory,
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- (c) Eligible Entrants’ entries must not include:
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- (d) By entering this Competition, Eligible Entrants consent to the Organisers dealing with
their entry content in any way that may otherwise the Eligible Entrant’s moral rights, and
agree not to assert their moral rights (wherever such rights are recognised) in respect of
their entry against the Organisers or its assignees, licensees or successors.
- (d) By entering this Competition, Eligible Entrants consent to the Organisers dealing with
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- (e) Eligible Entrants consent to providing an original copy of the entry content for the
Organisers to edit for the purpose of shortening the content for use and publication on
various social media to promote the Competition.
- (e) Eligible Entrants consent to providing an original copy of the entry content for the
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- (f) Eligible Entrants consent to the Organisers using their name, likeness, image and/or
voice in the event that they are shortlisted as a winner, or become a Winner in the
Competition, in any media for an unlimited period of time without remuneration or
compensation for the Purpose and/or promoting any services supplied by the Organisers.
- (f) Eligible Entrants consent to the Organisers using their name, likeness, image and/or
5. JUDGING
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- (g) For the avoidance of doubt, the Competition is a game of skill and chance does not play any part in determining the winners.
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- (h) The Organisers will determine the winners of the First Prize and Second Prize based on the longest fish, as measured from the tip of the mouth to the tip of the tail, in accordance with the measurement and submission requirements set out in Clause 4.
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- (i) In the event of a tie, where two or more fish are measured at the same length, the winner will be determined based on the earliest valid entry submission time.
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- (j) The winner of the Third Prize will be determined through a public vote based on the criteria of the most original or interesting photo. The Eligible Entrant with the highest number of votes will be awarded the Third Prize.
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- (k) If a submission is found to be non-compliant with any Competition requirements, including but not limited to incorrect measurement, unclear photographic evidence, suspected image or video manipulation, or failure to comply with ethical fishing practices, the entry will be deemed invalid and disqualified.
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- (l) The Organisers will appoint, at their sole discretion, a judging panel comprising experienced fishermen to review any entries that are deemed uncertain or unclear by the Organisers.
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- (m) If the winners have an issue or complaint with the judging process, the Organisers are not responsible for resolving the issue.
6. PRIZE
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- (n) The First Prize, Second Prize and Third Prize that will be given for each Competition for the monetary amounts set out in the Prize section of Part A (‘Prize’).
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- (o) An Eligible Entrant may only win one prize in each Competition. If an Eligible Entrant qualifies for multiple prizes (eg, 1st, 2nd or 3rd place), the will be awarded the highest ranking prize they are eligible for, and the next highest-ranking prize will be awarded to the next Eligible Entrant.
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- (p) The Organisers will use the contact details provided by the winning Eligible Entrant(s) to notify them of their win and organise the payment of the Prize.
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- (q) All taxes and local government fees (excluding GST) that may be payable as a consequence of receiving the Prize are the sole responsibility of the winners.
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- (r) The Organisers are not liable for any loss or damage (even if caused by negligence) as a result of any winner accepting and/or using the Prize, except for any liability which cannot be excluded by law.(s) Eligible Entrants acknowledge that the Organisers make no promise or guarantee regarding the suitability of the Prize and that any products or services received as a consequence of winning the Prize are not the responsibility of the Organisers.
7. ANNOUNCEMENT OF WINNERS
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- A winner will be announced from the shortlisted entries and will be notified by way of the methods stated in clause 1(b) to arrange the collection of the Prize.
8. UNCLAIMED PRIZES
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- (t) The Organisers will use their best endeavours to contact the winners of a Prize using the contact details provided in their entry. However the Organisers will not be liable for the winners’ failure to receive a notification of winning if they provided incorrect contact details, their email security settings caused the notification to enter the spam or junk folder, or if they have not updated their domain or email subscription to receive the
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- notification.
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- (u) If a prize is not accepted or claimed within one (1) week from written receipt by the Organisers, the winners will no longer be entitled to the prize. If the winners fail to comply with the instructions in a written notification on claiming the prize within a reasonable time, the winners’ entry will be disqualified and they will not be entitled to the applicable prize.
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- (v) If the winners do not accept or claim a prize in accordance with this sub clause (b), they will forfeit their right to the prize. The Organisers reserve the right to award the prize to the next highest-ranked entry from the shortlisted entries, as determined based on the judging criteria outlined in clause 5.
9. WAIVER AND ASSUMPTION OF RISK
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- (w) By entering the Competition, the Eligible Entrant assumes all risks associated with their participation, including but not limited to, injury, illness, damage to property, adverse weather conditions and water-related hazards.
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- (x) The Eligible Entrant is solely responsible for ensuring their own safety and the safety of any persons accompanying them while participating in the Competition. This includes, but is not limited to, wearing appropriate safety gear, assessing weather and water conditions and using proper fishing equipment.
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- (y) The Eligible Entrant must comply with all applicable fishing laws, regulations, and licensing requirements in the Competition’s Fishing Location, including but not limited to size and catch limits, restricted species, and fishing methods. The Organisers are not responsible for monitoring or enforcing compliance with such regulations.
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- (z) The Eligible Entrant releases, discharges, and indemnifies the Organisers, its officers, employees, contractors, and agents from any claims, liabilities, losses, damages, or costs arising from or in connection with their participation in the Competition (including but not limited to, death, injury or disability to the Eligible Entrant or a third party, and property damage or destruction), regardless of whether those claims or liabilities were caused or contributed to by an act or omission of the Organisers or any third party.
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- (aa) The Organisers reserve the right to disqualify any Eligible Entrant found to be in breach of fishing regulations or acting in a manner that endangers themselves, others, or the environment.
10. USE OF ELIGIBLE ENTRANTS’ PERSONAL INFORMATION
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- (bb) Personal information including Eligible Entrants’ names, addresses, telephone numbers and emails, will be collected and used for the purpose of conducting this Competition. This may require disclosure to third parties, including local regulatory authorities and the Organisers’ agents or third-party service providers, such as hotels, airlines and transfer companies, for the purposes of conducting the Competition or for promotional and marketing purposes, including on social media (Purpose).
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- (cc) By entering this Competition, the Eligible Entrants consent to the use of their
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- personal information for the Purpose, and that the Organisers may contact them for future marketing and material purposes without payment. Eligible Entrants agree that the Organisers may use this information for that purpose and disclose it to other organisations or persons, including overseas service providers that may use it in any media for the Purpose.
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- (dd) The Organisers may contact the Eligible Entrants to participate in publicity, photography and any other promotional activity as the Organisers reasonably require without any compensation.
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- (ee) When submitting an entry, the Eligible Entrants must ensure that the relevant waivers and photo release forms are signed by anyone who appears in any Videos or images submitted in an entry.
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- (ff) Eligible Entrants may access, change and/or update their personal information by emailing the Organisers using details in the Organiser Contact section in Part A. A copy of the Organisers’ Privacy Policy is available at [insert link]. The Privacy Policy contains information about how individuals may access or correct personal information or make a privacy related complaint.
11. GENERAL CONDITIONS
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- (gg) The Organisers’ judging criteria and decision to award any prize to a particular entry is final and binding and no correspondence will be entered into in relation to any disputes associated with the Organisers’ decisions.
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- (hh) The Organisers accept no responsibility for late, lost or misdirected entries or other communications.
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- (ii) Should an Eligible Entrant’s contact details change during the Competition Period, it is the Eligible Entrant’s responsibility to notify the Organisers. A request to access or modify any information provided as part of the redemption of a prize should be directed to the Organisers.
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- (jj) The Organisers may at their absolute discretion request verification of any personal information of Eligible Entrants provided for the purposes of the Competition and arranging a prize, including but not limited to bank account details and passport information.
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- (kk) The Organisers reserve the right to disqualify any individual who breaches these terms and conditions, submits an entry that is not in accordance with these terms and conditions, or who is involved in any way in interfering or tampering with the fair and proper conduct of this Competition. Failure by the Organiser to enforce any of its rights does not constitute a waiver of those rights.
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- (ll) By entering this Competition, Eligible Entrants acknowledge and agree that these terms and conditions, the Competition and the consequences of receiving a Prize may be subject to the terms and conditions of Third-Party Providers listed in Part A, including social media platforms, video platforms and payment providers (Third-Party Terms). All Eligible Entrants should familiarise themselves with the Third-Party Terms and the Organisers will not be liable for any damage or loss suffered by Eligible Entrants in connection with such Third-Party Terms.
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- (mm) Participants in the Competition may have rights under the Australian Consumer Law and other similar legislation which cannot be excluded, restricted or modified by the Organisers. These terms and conditions do not exclude, restrict or limit those statutory rights in any way.
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- (nn) However, to the maximum extent permitted by law and subject to clause 10(i), the total liability of each party in respect of loss or damage sustained by the other party in connection with these terms is limited to the Entry Fee paid by the Eligible Entrant.
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- (oo) Clause 10(h) does not apply to any Participant’s liability in respect of loss or damage sustained by the Organisers arising from a Participant’s breach of:
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- (i) Clause 2; or
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- (ii) Clause 4.
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- (pp) The Organisers will not be liable for performance delays nor for non-performance due to causes beyond their reasonable control, including any decision of a government authority in relation to COVID-19. If the Competition is not capable of running as planned, the Organisers reserve the right in its sole discretion to take any action that may be available to it, and to cancel, terminate, modify or suspend the Competition, or amend these terms and conditions, unless to do so would be prohibited by law.
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- (qq) These terms and conditions are governed by the laws applying in Western Australia, Australia.