Shell AGP Data Capture Competition Terms & Conditions ("Conditions of Entry")

Schedule

Promotion: Shell AGP Data Capture Competition

Promoter: Viva Energy Australia Pty Ltd ABN 46 004 610 459, 720 Bourke St, Docklands, VIC 3008, Australia. Ph: (03) 8823 4444

Promotional Period:
Start date: 22/03/2018 at 08:30 am AEDT
End date: 25/03/2018 at 11:59 pm AEDT

Eligible entrants:
Entry is only open to Australian residents who are 18 years and over. Strict height/weight restrictions and health and safety requirements apply to take Major Prize, see prize conditions below for details.

Directors, officers, management and employees (and the immediate families of directors, officers, management and employees) of the Promoter, or of the agencies or companies associated with this competition 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin. Employees of the Promoter include employment agency employees who are currently performing work for the Promoter.

How to Enter:
To enter the Promotion, the entrant must complete all of the steps in any of the following entry methods during the Promotional Period:

Entry Method 1 – Entry at the 2018 Australian Grand Prix:

  • attend the 2018 Australian Grand Prix at 12 Aughtie Dr, Albert Park VIC 3206, Australia; and
  • either:
    • visit the Shell V-Power stand or approach a roaming Shell V-Power Brand Ambassador at the Australian Grand Prix and fully complete and submit the entry form on the provided tablet computer, including their mobile phone number; or
    • send an SMS to the standard mobile number, 0488805845, containing the word: HOTLAP, during the Promotional Period. The cost of sending an SMS will vary dependent on the mobile network used. Total cost of entry will not exceed 55c; and
  • fully complete entry form as prompted with all requested personal details and submit. (Entrants will be sent a link to the Promotion online entry form to the mobile phone number provided in the previous step); and
  • (optional) join as a member of the Shell V-Power Team Mates loyalty program (entry and application to this program is free) by confirming that they wish to be a member, by ticking the relevant optional tick-box (completion of this step is not mandatory for entry).

Entry Method 2 – Website Entry via Social Media ad: visit the online promotion website via a link published on an ad on Facebook; and fully complete and submit the online entry form with their personal details (first name, last name and email address); and (optional) join as a member of the Shell V-Power Team Mates loyalty program (entry and application to this program is free) by confirming that they wish to be a member, by ticking the relevant optional tick-box (signing up to be a member is not mandatory for entry).

Entrants will be notified immediately online upon submission of the entry form as to whether or not they are a winner of an instant win prize.

Entries permitted: Only one (1) eligible entry per person and valid email address will be accepted. By completing the entry method, the entrant will receive one (1) entry.

Total Prize Pool: Up to AUD $11,750.00

 

Prize Description

Number of this prize Value (per prize) Winning Method

Major Draw Prize: The prize is hotlap experience at Sandown Race track, and includes:

  • 1 x Hotlap at Sandown Race Track, 591-659 Princes Hwy, Springvale VIC 3171 for winner only (hotlap will take place on date between 14/09/2018 and 16/09/2018, with exact date determined by the Promoter. The winner’s guest for the prize will not participate in a hotlap);
  • 1 x night minimum 3-star twin-share accommodation for winner and a guest in Melbourne, VIC (only provided if winner does not reside in VIC); and
  • Return economy flights for the winner and a guest, from the winner’s nearest capital city to Melbourne, VIC (only provided if winner does not reside in VIC). 
1 Up to AUD$6,750.00, depending on exact date/point of departure Draw: computerised random selection - 26/03/2018 at 02:30 pm AEDT
Instant Win Prize: The prize is a $50 Coles Express voucher 100 AUD$50.00 Instant W


Prize Conditions:

Applicable to all prizes

  • No part of a prize is exchangeable, redeemable for cash or any other prize or transferable.

Applicable to Major Draw Prize

  • Winner must be under 183cm in height and under 100kgs in weight to be eligible to participate in the hot lap. The winner forfeits their right to the entire Major Prize if they do not meet these height/weight restrictions, unless otherwise approved by the Promoter.
  • Travel itinerary will be determined by the Promoter in its absolute discretion.
  • Prize must be taken between 14/09/2018 and 16/09/2018, with exact date prize must be taken to be determined by the Promoter in its absolute discretion. If the winner is unable or unwilling to take the prize on the date required by the Promoter, they will forfeit their right with the prize.
  • If the winner resides in Victoria, all costs associated with travel to and from Sandown Racetrack will be the responsibility of the winner.
  • The prize is subject to booking and flight availability.
  • Frequent flyer points will not be awarded and do not form part of the prize.
  • Spending money, meals, taxes (excluding airline and airport taxes), insurance, transport to and from departure point, transfers, items of a personal nature, in-room charges and all other ancillary costs, unless otherwise specified in the prize description herein, are not included.
  • Subject to the terms and conditions of the participating prize provider(s), if for any reason the winner does not, once the prize has been booked, take the prize (or an element of the prize) at the time stipulated, then the prize (or that element of the prize) will be forfeited and will not be redeemable for cash.
  • The winner may be required to present their credit card at check in.
  • Prize is subject to the standard terms and conditions of individual prize and service providers.
  • The winner must depart from and return to the same departure point and travel together.
  • The winner of the hot lap prize (“Racing Experience Prize”) acknowledges that motor racing is a dangerous activity, which may result in injury or death, and participates at his/her own risk. The winner (a) must attend, undergo and pass any appropriate training, briefings, safety demonstrations, required medical tests and other requirements (including blood alcohol testing) of the Promoter and the prize supplier as determined by them in their absolute discretion; (b) must declare to the Promoter or the prize supplier any health-related issues that may affect his/her safe participation in the Racing Experience Prize and obtain a written clearance from their doctor in this respect; (c) must not have any heart condition or history thereof, or other medical conditions that would make it dangerous to participate in the Racing Experience Prize; (d) must not be under the influence of any drugs or alcohol; (e) must comply with all directions of the Promoter, the prize supplier, the nominated driver and race officials; and (f) must wear all safety and other equipment required. The Promoter and the prize supplier in their absolute discretion (a) will nominate a qualified driver; (b) reserve the right to refuse to allow the winner to take part in any or all aspects of the Racing Experience Prize if they reasonably believe the winner poses a safety risk or for any other reason; (c) may cancel the Racing Experience Prize if the conditions are deemed dangerous. If the Racing Experience Prize is varied for any reason beyond the control of the Promoter it may not be rescheduled and in which case, no compensation will be offered.
  • During the entire duration of the prize, a nominated parent/guardian must accompany any person under 18 years of age.

Applicable to Instant Win Prize

  • Any ancillary costs associated with redeeming the voucher are not included. Any unused balance of the voucher will not be awarded as cash. Redemption of the voucher is subject to any terms and conditions of the issuer including those specified on the voucher.
  • Redemption of the voucher is subject to any terms and conditions of the issuer, Coles Express including those specified on the voucher.

Winner notification:

The Major Prize winner will be contacted by email within two (2) business days of the draw. Instant Prize winners will be notified immediately on screen upon submission of the entry form. The Major Prize winner will be published at vivaenergy.com.au by 29/03/18.

Unclaimed Prizes:

  • Prizes must be claimed by 26/06/18 at 02:30 pm AEST. In the event a prize is unclaimed, the prize will be redrawn on 27/06/18 at 02:30 pm AEST at Plexus, Level 2, 35 Little Bourke Street, Melbourne VIC 3000 Australia. The winner/s of the redraw will be notified by email within two (2) business days of the redraw and the winner of the Major Prize (if awarded via redraw) published at vivaenergy.com.au by 04/07/18. 
  1. The entrant agrees and acknowledges that they have read these Conditions of Entry (and Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (and Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise. Entry to this promotion includes compliance all of the ‘How to enter’ requirements.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid, complete and eligible entries via ‘How to Enter’ will only be accepted during the Promotional Period.
  4. Employees (and the immediate family members) of agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  5. Draw:
    1. The draw will take place at Plexus, Level 2, 35 Little Bourke Street, Melbourne VIC 3000 Australia at 02:30 pm AEDT on 26/03/18 using computerised random selection.
    2. The first valid entry drawn will win the Major Prize.
    3. The draw conductor may draw additional reserve entries in case an invalid entry or entrant is drawn.
    4. If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business day. The Promoter will ensure each draw is open for public scrutiny and anyone may witness the draw on request. The winner of a drawn prize is determined by chance.
  6. Instant Win:
    1. Quality control errors will not invalidate an otherwise valid prize claim.
    2. Unless otherwise due to fraud or ineligibility under these Terms and Conditions, all prize claims in excess of the advertised prize pool will be honoured.
    3. Instant win game materials void if stolen, forged, mutilated or tampered with in any way.
  7. All reasonable attempts will be made to contact each winner.
  8. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable at the designated time for the Event, they are deemed to forfeit the prize and the Promoter is not obliged to substitute the prize.
  9. SMS entry cost will vary depending on the mobile network used but will not exceed 55c. SMS entry is only open to entrants with an SMS compatible mobile phone and service, with calling line identification activated. Entrants must have the account holder's and bill payer's permission prior to entering. SMS entries via the Internet are ineligible.
  10. The value of the prizes is accurate and based upon the recommended retail value of the prizes (inclusive of GST) at the date of printing. The Promoter accepts no responsibility for any variation in the value of the prizes after that date.
  11. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.
  12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider. Any cost associated with accessing the website or social media is the entrant’s responsibility and is dependent on the Internet service provider used.
  13. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.
  14. Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. The Promoter is bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and its privacy policy which is located at www.vivaenergy.com.au/contact-us/privacy-policy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion. Unless otherwise indicated by the Promoter, the Promoter may disclose entrants’ personal information to entities outside of Australia, including New Zealand and cannot guarantee that any overseas recipient will not breach the Australian Privacy Principles. By entering the Promotion entrants consent to the overseas transfer on these terms as permitted by the Australian Privacy Principles and agree that the Promoter is not liable in this regard.
  15. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.
  16. It is a condition of accepting the prize that a winner may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize.
  17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.
  18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry restricts, excludes or modifies or purports to restrict, exclude or modify any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
  19. If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize, subject to State or Territory regulation.
  20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. The Promoter reserves the right, at any time, disqualify entries in the event that the Promotor believes there is non-compliance with these Conditions of Entry (including the eligibility criteria) or the entrant has engaged in any unlawful or improper conduct which may jeapardise fair and proper conduct of the promotion or the ‘Shell’ or ‘Viva Energy’ brand.
  21. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding on each entrant and no correspondence will be entered into.
  22. The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
  23. The entrant will participate in and co-operate as required with all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed and acknowledges that the Promoter may use any such marketing and editorial material without further reference or compensation to them.
  24. Unless otherwise specified, a prize is a single event for the winner (and where relevant their guests) and cannot be separated into separate events or components.
  25. The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.
  26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  27. Authorised under: ACT Permit No. ACT TP 18/00495, NSW Permit No. LTPS/18/22512 and SA Permit No. T18/366