TERMS & CONDITIONS
Overview of Terms and Conditions
1. Information on how to enter and prize details forms part of these Terms & Conditions of Entry.
2. This document constitutes the Terms and Conditions of Entry (Terms and Conditions) for the Million Dollar Fish Competition and associated prizes (Competition) being conducted by Tourism NT (TNT) in the Northern Territory of Australia with and on behalf of the promotion partners, Allianz Australia Insurance Limited trading as TIO (ABN 15 000 122 850), Anaconda Group Pty Ltd (ACN 107 364 563), BetEasy Pty Ltd (ABN 18 162 554 707), Club Marine Limited (ABN 12 007 588 347), Engel Distribution Pty Ltd (ABN 75 092 513 874), Holidays of Australia Pty Ltd (ABN 44 148 001 969), Shimano Australia Fishing Pty Ltd (ABN 81 002 102 392), Tourism Top End Incorporated (ABN 86 811 805 917), the Trustee for Bigfish Gear Australia Unit Trust trading as Bigfish (ABN 62 494 815 663), Hidden Valley Ford (ABN 30 162 501 279), Mindil Beach Casino Resort (ABN 74 119 484 445), and Carlton United Breweries (ABN: 76 004 056 106).
3. 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 TNT reserves its absolute right to disqualify any Entrant from the Competition if any entries do not comply with the Terms and Conditions.
4. The Competition is a game of skill requiring the eligible Entrant to use legal and reasonable methods as directed by NT Fisheries recreational fishing guidelines to recapture a BetEasy Tagged Fish in accordance with these Terms and Conditions.
5. A participant (Entrant) must be aged 18 years or older to be eligible to participate in the Competition.
6. In these Terms and Conditions of Entry, unless the contrary intention appears, the following words and phrases have the following meanings:
• “Cash Prize Deposit” shall mean a cash payment made by BetEasy to an eligible Entrant who recaptures a BetEasy Tagged Fish in a manner that complies with the Terms and Conditions, and remitted to a nominated bank account.
• “Cash Prize” shall mean:
a) in respect of the first of six (6) BetEasy Fish Tag fish: a Prize of AUD$1,000,000 cash;
b) in respect of 100 x BetEasy Fish Tag fish; a Prize of AUD$10,000 cash each; and
c) in respect of twenty (20) Charity Fish Tag fish: a prize of AUD$2,500 to each Cash Prize Winner and $2,500 to the nominated charity on the Official Site selected by each Cash Prize Winner
d) if a AUD$1,000,000 prize tagged fish is caught in the bonus round of season 4 (1st April 2019 – 30th September 2019) then the major prize for season 5 will revert back to only one (1) BetEasy tagged fish with the value of AUD$1,000,000.
• “Cash Prize Winner” shall mean each Entrant who recaptures a barramundi with a BetEasy Fish Tag during the Competition Period and in a manner compliant with the Terms and Conditions.
• “Claim” shall mean an Entrant who believes he or she has recaptured a Barramundi with a BetEasy Fish Tag and they are eligible to receive the relevant Cash Prize.
• “Commercial Fishing Vessel” shall mean a fishing boat devoted to or in any way associated with the catching, processing or selling of fish for commercial purposes.
• “Competition Entry Period” shall mean the period an Entrant can register to participate in the Competition via the www.milliondollarfish.com.au
• “Competition Period” shall mean the period between 1 October 2019 and 31 March 2020.
• “BetEasy Fish Tag” means the tag professionally attached to a barramundi fish by TNT’s independent contractor. The BetEasy Fish Tag shall be red in colour and include the words “MDF Competition” and include a numeric code from “S5-MDF5501 to S5-MDF5800” (it will also include the reactivation of the five (5) pre-nominated Major Prize barramundi from Seasons 1, 2, 3 and 4) and the telephone number 1800 077 001 for Entrants to call for Prize Claim Verification. The Charity Fish Tag shall be purple in colour and include the words ‘MDF Competition Charity Tag’ and include a numeric code from S5-MDFCT061 to S5-MDFCT091.
• “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.milliondollarfish.com.au
website and that registration has been accepted by TNT.
• “Entrant Identification” means proof of the Entrant’s identity including, if requested by TNT, the provision of legal identification documentation.
• “Fisheries NT” means Department of Primary Industry and Resources (DPIR) in the jurisdiction of the Northern Territory of Australia.
• “InfoFish” shall mean InfoFish Australia of PO Box 9793 Frenchville Queensland 4701, Australia, which has been engaged as the independent company to verify Claims for BetEasy Fish Tag Prizes.
• “Line Fishing” shall mean 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).
• “Landing Net” shall mean any shaped fishnet on a long handle to take a captured fish from the water.
• “Setline, trawl, trawl line, trotline, spiller, and long-line” shall mean a long fishing line with many shorter lines and hooks or lures attached to it.
• “Spear fishing” shall mean any form of fishing involving a sharpened stick, wooden or metal pole or similar instrument.
• “Net Fishing” shall mean 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” shall mean any individual or entity nominated by TNT in connection with the conduct of the Competition.
• “Recreational Fishing Charter Vessel” shall mean 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.
• “Prize Claim Verification” shall mean the verification process set out in Clauses 25, 26, 27 and 28 required to be met to win the Cash Prize.
• “Website” shall mean the world wide web domain of www.milliondollarfish.com.au
7. Entry into the Competition is open to any person who meets the requirements of these Terms and Conditions.
8. Employees and Families of BetEasy Pty Ltd, who is the underwriter of Cash Prizes in the Competition and witness of BetEasy Fish Tag release locations, and the Employees and Families of TNT and the Northern Territory Major Events Company, who are the Promoters of the Competition, are not eligible to enter the Competition.
Employees, Contractors and Families of TNT’s Nominees, Competition 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, the implementation of the Competition and its promotion, or the fish capture tag and release process which may deem the Entrant to have gained an advantage in identifying a location and recapturing a fish tagged with a BetEasy Fish Tag. 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 employee of a TNT Nominee, a competition partner, a sponsor, or an agent or agency associated with the Competition, TNT and its Nominees will exert a final discretionary decision in accordance with the Competition Terms and Conditions and apply Condition 40 of the Terms and Conditions in its final decision.
9. Entry into the Competition is free. Entrants must bear their own costs to participate in the Competition.
10. Entrants must complete the registration process at the www.milliondollarfish.com.au
website to be eligible to participate in the Competition. The registration must be accepted by TNT in order for an individual to qualify to win a Cash Prize.
11. Entry into the Competition will be available via the www.milliondollarfish.com.au
website between 1 April 2019 and 11.50pm on 31 March 2020 inclusive (Competition Entry Period)
12. All Entrants must provide Entrant Identification consistent with the Terms and Conditions, if requested by TNT, to be awarded a Cash Prize.
13. The Competition will commence from midnight 1 October 2019 and conclude at 11:59pm on 31 March 2020 except in the case of the AUD$1,000,000 Cash Prize which shall commence on 1 October 2019 and conclude midnight on 30 September 2020.
14. No Prizes will be awarded in circumstances where an Entrant catches or presents a barramundi with a BetEasy Fish Tag outside of the Competition Period.
Risks borne by Entrants
15. 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 TNT, its Nominees, (including BetEasy, competition partners or sponsors), liable for any damage to property, personal injury or death incurred in connection with participating in the Competition.
16. Entrants acknowledge and agree that TNT and its Nominees (including BetEasy, competition partners or sponsors):
a. accepts 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
17. An Entrant must have completed a valid registration at the www.milliondollarfish.com.au
website and complied with these Terms and Conditions before presenting any Claim for a BetEasy Tagged Fish Cash Prize.
18. At the time of Competition launch, Entrants do not require a Recreational Fishing License in the Northern Territory but 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. Information on permit requirements is available from the Northern Land Council on 1800 645 299 or by visiting the website www.nlc.org.au
19. Entrants must comply with the ‘DPIR’ rules and legislation for recreational fishing, details of which can be found at:http://www.nt.gov.au/d/Fisheries/recreational/index.shtml
20. Line Fishing is the only accepted fishing technique that may be used by Entrants to catch a barramundi with a BetEasy Fish Tag. 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.
21. TNT and its Nominees can at their discretion undertake an investigation into the fishing technique used to catch a fish tagged with a ‘BetEasy Fish tag’ and will determine in their absolute discretion whether the fish was caught utilising the Line Fishing technique.
22. Subject to clause 23, the Competition is not open to Commercial Fishing Vessels. TNT and its Nominees will determine in their absolute discretion whether a vessel constitutes a Commercial Fishing Vessel for the purposes of the Competition.
23. 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.
24. When an Entrant, in a manner compliant with these Terms and Conditions, catches a Barramundi with a BetEasy Fish Tag, the Entrant must then proceed with the Prize Claim Verification process to qualify for the relevant Cash Prize.
25. The Prize Claim Verification process shall include and require the Entrant to meet the following requirements (Claim)
a. The Entrant must not remove the BetEasy Fish Tag until all photographs are taken as set out in Clause 26b. If the BetEasy Fish Tag is covered in algae, please remove the algae from the BetEasy Fish Tag before proceeding with photographs.
b. The Entrant must take a photograph of the fish and BetEasy Fish Tag in a manner compliant with the sample photographs set-out on the Website. Sample photographs can be accessed on www.milliondollarfish.com.au
. There are three key photographs required. The Entrant must not clean, gut or scale the fish prior to taking the photographs and must leave the BetEasy Fish Tag in place when taking the photographs. (1). One photograph must clearly display the front of the fish. (2). One photograph must be taken of the fish on a fish mat, or alongside a ruler or alongside a tape measure to clearly display the length of the fish and be laid out in a manner to display the fish tag. (3). One close-up photo of the BetEasy Fish Tag to verify the tag number is also required.
c. The Entrant must telephone 1800 077 001 and quote the unique code on the BetEasy Fish Tag to register the Claim and to verify the Cash Prize Value (if any).
d. The Entrant must send or upload the photographs of the fish to MDrecapture@info-fish.net
for verification by InfoFish.
e. If the Entrant has taken photographs as set out in Clause 25b, the Entrant may remove the fish tag and dispose of the fish. The Entrant must then retain the tag for final verification in accordance with Clause 27.
f. The Entrant is responsible for delivery of the BetEasy Fish Tag for final verification in accordance with Clause 27 to TNT’s Darwin based office: Level 8, Charles Darwin Centre, 19 the Mall, Darwin NT 0800. The Entrant can contact TNT via www.milliondollarfish.com.au
to assist with their Claim.
g. TNT or nominee representatives will undertake verification using a custom RFID reader in accordance with Clause 27.
26. Subject to Clause 25, the Entrant accepts the final advice provided by InfoFish to TNT and BetEasy will be binding in the determination of the awarding of a Cash Prize Winner:
a. If InfoFish deem 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 the fish displayed in the photograph uploaded by the Entrant in accordance with Clause 25(d) is not the original fish tagged with a BetEasy Fish Tag, the Entrant will be disqualified from receiving the relevant Cash Prize.
27. Subject to Clause 25 and Clause 26, the Entrant will be declared a Cash Prize Winner upon final verification using a custom RFID reader.
a. If the BetEasy Fish Tag does not validate using the custom RFID reader, the Entrant will be disqualified from receiving the relevant Cash Prize.
b. Any evidence of tampering or manipulation or destruction of the BetEasy Fish Tag will automatically disqualify any Entrant from receiving the relevant Cash Prize.
c. In accordance with Clause 26 if there is evidence of the Entrant using a fishing method other than the method outlined in Clause 20, the Entrant will be disqualified from receiving the relevant Cash Prize.
28. A Cash Prize Winner agrees, at TNT’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 TNT, its related bodies and Nominees using the Cash 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 TNT’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 TNT, its related bodies or Nominees for promotional purposes. TNT and its related bodies agree to cover travel and accommodation costs on behalf of a Cash Prize Winner for any specific promotional activity.
29. Other Prizes, as advertised on www.milliondollarfish.com.au
that form part of the Competition, are governed by these Terms and Conditions or may refer to separate Terms and Conditions as advertised on www.milliondollarfish.com.au
Collection of Personal Information
30. It is a term of entry that each Entrant agrees to TNT collecting personal information about the Entrant including (but not limited to) the following:
a. Full name;
b. Country of Residence;
d. Email address;
e. Telephone number.
Purpose and Use of Personal Information
31. Personal Information will be collected to manage and administer the Competition, to communicate with Entrants (including by email), comply with legal and regulatory obligations and for marketing and ancillary purposes outlined herein.
32. TNT is authorised by the Entrant to disclose Personal Information to Nominees for the purposes of carrying out marketing, planning, product development and direct mail and promotional campaigns unless the Entrant otherwise withdraws his or her consent to the use of the Personal Information in this manner.
33. An Entrant may choose to opt-out of correspondence issued by TNT via www.milliondollarfish.com.au
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.
34. An Entrant who receives correspondence from TNT’s Nominees may choose to opt-out of correspondence issued by a Nominee by following the opt-out instructions available in the communication.
35. If TNT discloses Personal Information to a Nominee or third party, TNT will require the Nominee or third party to protect the Entrant’s Personal Information in a manner compliant with the laws of the Northern Territory of Australia and relevant Australian federal legislation.
Method of Collecting Personal Information
36. Personal Information is collected from a person completing the Website registration as an Entrant and is required by TNT as a condition of participation in the Competition.
37. Entrants consent to TNT publishing their name or alias and any Cash Prize winning results in the ‘Prizes’ section of the Website. TNT 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.
38. 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.
39. If a Cash Prize winner requires currency conversion to accept payment of a Cash Prize, the winner accepts that any fees payable to any financial institution or other money exchanger will be the responsibility of the Cash Prize winner and such fees may be deducted from the Cash Prize as part of payment of the Cash Prize.
40. 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 TNT and/or its Nominee is final and no correspondence will be entered into.
41. The Competition is governed by the Laws of the Northern Territory of Australia. An Entrant agrees to be bound by the Laws of the Northern Territory and to submit to the non-exclusive jurisdiction of the Courts of the Northern Territory in the event of any dispute successfully brought before a Court.
42. TNT 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 opinion of TNT it is in the interest of the Competition and such change shall be notified to the Entrant by being placed on the Website and each Entrant shall be bound by such change, addition or alteration to the Terms and Conditions.
43. These Terms and Conditions form the basis of an agreement made between TNT and all Entrants which is made and entered into in the Northern Territory of Australia.