SHELL V-POWER RACING CLUB $1000 FUEL VOUCHER 2017 PROMOTION. TERMS AND CONDITIONS 1. Information on how to enter and the prizes form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions. All times stipulated in these Terms and Conditions are expressed in 24 hour time. 2. Entry is only open to Australian residents aged 18 years or over ( Eligible Entrant ). Employees (and their immediate families) of the Promoter - Viva Energy Australia Pty Ltd, Shell, participating Shell Coles Express service stations, agencies and suppliers associated with this promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, stepgrandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1 st cousin. Employees of the Promoter include employment agency employees who are currently performing work for the Promoter. 3. This promotion commences at 00:00 AEST on 31/08/2017 and final entries close at 23:59 AEDST on 04/10/2017 ( Promotional Period ). 4. To be eligible to enter, the entrant must be an Eligible Entrant and must during the Promotional Period: (a) (b) (c) (d) (e) (f) purchase 30 litres or more in a single transaction of any Shell V-Power petrol (or Shell Unleaded 95 petrol, if Shell V-Power is not available) from a participating Shell Coles Express service station. For the sake of clarity Shell Unleaded 95 petrol can only be purchased for the purposes of this promotion if Shell V-Power is not available at the participating Shell Coles Express service station. A participating Shell Coles Express service station is any Shell Coles Express service station in Australia that; (a) displays promotional material featuring this promotion; and (b) sells Shell V-Power or Shell Unleaded 95 petrol; visit http://www.shell.com.au/1000dollar; follow the prompts to the promotion entry page and input the requested details including their full name, valid email address, phone number, State/Territory of residence, the full purchase receipt number, site number (found on the purchase receipt), the number of litres purchased; agree to subscribe to the Shell V-Power Racing Club e-newsletter and membership programme; agree to the Terms and Conditions and Privacy Policy; and submit the fully completed online entry form. 5. Entry to this Promotion is not available for Shell Card, Fleet Card, Motorcharge or Motorpass purchases. It is the Eligible Entrant s responsibility to request a purchase receipt if one is not provided at the time of purchase. For the sake of clarity participating Shell Coles Express service stations will be all Shell Coles Express service stations which display advertising for this promotion.
6. Entries are deemed to be received at the time of receipt into the promotion database and NOT at the time of transmission by the Eligible Entrant. 7. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant s identity, age and place of residence and proof of purchase) and reserves the right in its sole discretion, to disqualify any Eligible Entrant who the Promoter has reason to believe has breached these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights, including its right to recover damages, or other compensation from such an offender are reserved. 8. Incomplete or indecipherable entries will be deemed invalid. 9. Only one (1) entry is permitted per person. 10. Eligible Entrants must retain a copy of their Coles Express service station purchase receipt. Failure to produce the proof of purchase when requested may, in the absolute discretion of the Promoter, result in invalidation of an Eligible Entrant s entry and forfeiture of any right to a prize. The Promoter is not liable for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence due to error, omission, tampering, deletion, theft, communications failure, or otherwise. The Promoter has no control over communications networks and is not liable for any problems associated with them due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 11. There will be one (1) draw conducted for the entries received each day of the Promotional Period, for a total of 35 draws ( Daily Draws ). Entries into each Daily Draw will open and close each day based on NSW local time. Entries in each Daily Draw will NOT be entered into any subsequent Daily Draw(s). 12. All draws will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250. Each Daily Draw will take place at 4:00pm AEST/AEDST (as the case requires) on the business day after entries close for that Daily Draw, with the first Daily Draw taking place on 01/09/2017 and the last Daily Draw taking place on 05/10/2017. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in NSW. 13. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. All winners will be notified in writing by email and telephone within two (2) business days of the relevant draw. Winners will have their names published online at www.shell.com.au from 10/10/2017 and remaining for a period of 28 days. 2
14. The Promoter s decision is final and no correspondence will be entered into. 15. The first valid entry drawn in each Daily Draw will each win a $1,000 Coles Express Gift Card. Any ancillary costs associated with redeeming a Coles Express gift card are not included. Any unused balance of a Coles Express gift card will not be awarded as cash. Redemption of a Coles Express gift card is subject to any terms and conditions of the issuer including those specified on the Coles Express gift card. For full terms and conditions of a Coles Express gift card, visit www.giftcards.com.au. The balance of a Coles Express gift card can be checked online by visiting www.giftcards.com.au and entering the Coles Express gift card number and pin number found on the back of the Coles Express card or by phoning 1300 304 990. Each Coles Express gift card is valid for two (2) years from the date of activation. Coles Express gift cards may be used in conjunction with any valid 4c Fuel Discount Receipt and FlyBuys card used as payment at a Coles Express service station. If a winner uses the Coles Express gift card to purchase more than the amount available on their Coles Express gift card, the winner must make up the full amount with another type of tender accepted at Coles Express service stations. There are no fees or charges associated with using a Coles Express gift card. 16. Subject to the unclaimed prize draw clause, if for any reason a winner does not redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited and not be redeemable for cash. 17. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority. 18. Total prize pool value is $35,000. Prizes (or any unused portion of a prize) are not transferable or exchangeable and cannot be taken as cash unless otherwise specified. 19. A draw for any Daily Draw prizes if unclaimed may take place on 05/01/2018 at 4:00pm AEDST at the same place as the original draw, subject to any written directions from a regulatory authority. Winners (if any) will be notified in writing by email and telephone within two (2) business days of the draw and their names will be published online at www.shell.com.au from 12/01/2018 and remaining for a period of 28 days. 20. Eligible Entrants consent to participating in any publicity activities as determined by the Promoter in its absolute discretion, including using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period, without remuneration, for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter. 21. If this promotion 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 the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the 3
fullest extent permitted by law: (a) to disqualify any Eligible Entrants; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate. 22. Any cost associated with accessing the Internet is the Eligible Entrant s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid. 23. 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 States and Territories of Australia ( Non-Excludable Guarantees ). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (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 promotion. 24. Except for any liability that cannot by law be excluded, including the Non- Excludable Guarantees, the Promoter (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 the Promoter s control); (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 the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or Eligible Entrant; or (f) use of a prize. 25. Subject to this paragraph, all personal information collected from Eligible Entrants will be handled in accordance with the Viva Energy Privacy Policy which can be accessed by visiting http://www.vivaenergy.com.au/contact-us/privacy-policy. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant, in addition to any other use that may be outlined in the Shell Privacy Policy. Eligible Entrants should direct any request to opt out, access, update or correct information to the Promoter. Any complaints regarding the treatment of personal information should also be directed to the Promoter using the contact details set out below and will be dealt with by the Promoter in accordance with the Viva Energy Privacy 4
Policy. All entries become the property of the Promoter. The Promoter will not disclose any personal information overseas. 26. The Promoter is Viva Energy Australia Pty Ltd (ABN 46 004 610 459), of Level 16, 720 Bourke Street, Docklands, 3008. Telephone: 13 16 18. NSW Permit No. LTPS/17/15696. ACT Permit No. TP17/01312. SA Permit No. T17/1241 5