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.

2. The Promoter is Viva Energy Australia Pty Ltd (ABN 46 004 610 459) of Level 16, 720 Bourke St Docklands 3008, Australia, (03) 8823 4444.

3. Promotion commences on 27/07/2020 and ends at 11:59pm AEST on 16/08/2020 (“Promotional Period”).

4. Entry is only open to Australian residents aged 18 years or older who are a registered Team Mates member of the Shell V-Power Racing Team App, have received the automatic entry into the draw as described at clause 6 below and are not otherwise ineligible or otherwise excluded under these Terms and Conditions (including under clause 5 below); and continue to be a registered Team Mates member of the Shell V Power Racing Team App at the time of the draw.

5. 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.

6. To receive an automatic entry into the draw, individuals must:

  1. have downloaded the Shell V-Power Racing Team App during or before the Promotional Period; and
  2. have registered as a Team Mates member by following the prompts to register as a Team Mates member (including inputting the requested details eg. first name, last name, gender, date of birth, contact number and email) on the Shell V-Power Racing Team App; and
  3. logged in to the Shell V-Power Racing Team App as a Team Mates member during the Promotional Period.
    Entrants that are automatically entered into this promotion may choose to opt out by contacting the Promoter. 

7. Only one (1) entry is permitted per person.

8. The Promoter has no control over communications networks and is not liable for any problems associated with them due to network traffic congestion, technical malfunction or otherwise. For clarity, the Promoter is not liable for any consequences of user error including (without limitation) costs incurred. 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. Incomplete or indecipherable entries will be deemed invalid.

9. 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.

10. Incomplete, indecipherable, or illegible entries will be deemed invalid. The Promoter’s determination is final and no correspondence will be entered into.

11. 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.
The draw will take place at Anisimoff (Central Coast), Suite 5/210 Central Coast Hwy, Erina NSW on 19/08/20 at 3pm AEST. 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 within two (2) business days of the draw. The winner’s name will be published on https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html by 21/08/20.

12. The Promoter’s decision is final and no correspondence will be entered into.

13. The first valid entry drawn will win a:

  1. Shell Coles Express Gift Card valued at $2000;
  2. Repco Voucher valued at $2000.00; and
  3. 1 x Beaurepaires voucher for 4 new tyres including fitting, balancing, wheel alignment up to the value of $2000.

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

15. Subject to the unclaimed prize draw clause, if for any reason the winner does not take 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.

16. 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.

17. Total prize pool value is up to AU$6,000.

18. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified.
A draw for any unclaimed prizes may take place on 19/11/20 at the same time and place as the original draw, subject to any directions from a regulatory authority. The winners, if any, will be notified by email within two (2) business days of the draw and their names will be published on https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html by 23/11/20.

19. Entrants consent to participating in any publicity activities reasonably requested by the Promoter and 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 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 websites or apps, 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 or taking 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 personal information. 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 https://www.vivaenergy.com.au/contact-us/privacy-policy. The aforementioned privacy policy contains information about how the Team Mates members may access, update and seek correction of PI the Promoter holds about them and how Team Mates members 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 obtains PI about Team Mates members to enable them to participate in this Promotion and may disclose the Team Mates member’s personal information to third parties including its contractors and agents, 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 Team Mates member does not provide their PI as requested, they may be ineligible to receive and redeem the prize in the Promotion. All entries become the property of the Promoter.

ACT Permit No. TP20/00950. SA Permit No. T20/834