1. Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
  2. Entry is only open to Australian residents aged 18 years or over.
  3. Employees (and their immediate families) of the Promoter and agencies 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  4. Entries into the promotion open on 9 September 2020 and close at 11:59PM AEDST on 30 September 2020 (“Promotional Period”).
  5. To be eligible to enter this promotion, individuals must satisfy the requirements in clauses 2 and 3 above and, during the Promotional Period:
    • purchase 30 litres or more of any Shell fuel (excluding Adblue) in a single transaction from a participating “Shell” or “Shell Coles Express” service station in Australia, (“Qualifying Transaction”) and excluding purchases made with Shell Card, Fleet Card, Motorcharge or Motorpass and retain their original or a copy of the Qualifying Transaction receipt issued by the participating service station for all entries as proof of purchase. It is the individual’s responsibility to request a purchase receipt if one is not provided at the time of purchase. If the individual is unable to provide evidence of a Qualifying Transaction to the Promoter’s reasonable satisfaction, the Promoter may determine that entry to be invalid (thereby forfeiting any rights to claim a prize); and
    • to enter the prize draw, after completing their Qualifying Transaction, complete the following steps:
      • visit www.shell.com.au/bathurst
      • follow the prompts to the promotion entry page:
        • consent to receive communications from the Promoter regarding products, promotions, offers and services; and
        • input the requested details (including their full name, email address, phone number, the full purchase receipt number, site area and upload their receipt).
      • submit the fully completed online entry form.
  6. Multiple entries permitted, subject to the following: (a) only one (1) entry permitted per Qualifying Transaction regardless of how many litres in excess of 30 litres an entrant fills up in that transaction; and (b) each entry must be submitted separately and in accordance with entry requirements.
  7. Entrants must retain a copy of their purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an entrant’s entries and forfeiture of any right to a prize. Purchase receipt(s) must clearly specify the store of purchase and that the purchase was made during the promotional period but prior to entry.
  8. The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age, contact details and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of 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 to recover damages or other compensation from such an offender are reserved.
  9. Incomplete or indecipherable entries will be deemed invalid.
  10. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
  11. The draw will take place at Anisimoff Legal, Suite 5 210 Central Coast Highway, Erina NSW 2250 on 2 October 2020 at 3:00PM AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winner will be notified by email and telephone within two (2) business days of the draw. The winner will be published on https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html from 8 October 2020.
  12. The Promoter’s decision is final and no correspondence will be entered into.
  13. The first valid entry drawn will win the following:
    • One (1) x customised heritage Shell gas pump fridge valued at $2,000.00;
    • One (1) x 75” Samsung Q LED flat screen TV valued at $2,895.00;
    • One (1) x sound bar valued at $265.00; and
    • One (1) x Coles Express gift card valued at $500.00.
    • Any ancillary costs associated with redeeming the Coles Express gift card are not included. Any unused balance of the Coles Express gift card will not be awarded as cash. Redemption of the Coles Express gift card is subject to any terms and conditions of the issuer https://www.coles.com.au/customer-care/gift-cards including those specified on the Coles Express gift card.
  14. Subject to the unclaimed prize draw clause, if for any reason the winner does not take/redeem the prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
  15. If the prize (or part of the prize) is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  16. Total prize pool value is $5,660.00.
  17. The prize, or any unused portion of the prize, is not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
  18. A draw for the prize, if unclaimed, may take place on 8 January 2021 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winner, if any, will be notified by email and telephone within two (2) business days of the draw and their name will be published on https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html from 22 January 2021.
  19. Entrants consent to the Promoter 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.
  20. If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated by the Promoter 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 fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  21. Any cost associated with accessing the promotional website is the 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 entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.
  22. 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.
  23. 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 entrant; or (f) use of a prize.
  24. The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.vivaenergy.com.au/contact-us/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant. The Privacy Policy also contains information about how entrants may unsubscribe, access, update or correct their PI, how entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. The Promoter will not disclose PI to any entity outside of Australia.
  25. The Promoter is Viva Energy Australia Pty Ltd (ABN 46 004 310 459) of Level 16, 720 Bourke St Docklands 3008, telephone 03 8823 4444.
    ACT Permit No. TP20/01182, SA Permit No. T20/1046