SCAN2WIN – 3 x $1,000 FUEL GIFT CARD PROMOTION TERMS AND CONDITIONS

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.

1. Promotion:

Scan2Win – 3 x $1,000 Fuel Gift Card

2. Promotional Period:

Start Date: 12:00am AEDT on Wednesday, 30 March 2022

End Date: 11:59pm AEST on Monday, 11 April 2022

3. Promoter:

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

4. Eligible Entrants

  1. The Promotion is only open to individuals who:
    • (a) are Australian residents aged 18 years or over; and
    • (b) are not otherwise ineligible or excluded under these Terms and Conditions, (“Eligible Entrants”). 
  2. Employees (and their immediate families) of the Promoter, and those of the 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, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.

5. How to enter

  1.  To enter, Eligible Entrants must complete the following steps during the Promotional Period:
    • (a) scan the QR code on the street furniture posters advertising the Promotion that appear at various tram stops around Melbourne;
    • (b) complete the registration form that opens after the Eligible Entrant scans the QR code, including by providing all required information such as first name, last name, email address and postocde; and
    • (c) as part of the registration process, consent to receiving communications from the Promoter regarding offers, promotions, goods and services and other promotional materials.
  2. Only one (1) entry per Eligible Entrant is permitted. If multiple entries are received from the same person, only the earliest entry will be accepted.

6. Entry procedures

  1. Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Eligible Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  2. The Promoter has no control over the communications networks that may be used to enter the Promotion 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.
  3. 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 this 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.
  4. 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.
  5. The Promoter’s decision is final and no correspondence will be entered into.

7. The Draw

  1. The draw will take place at Anisimoff Legal, Suite 5/210 Central Coast Highway, Erina NSW 2250 on 14 April 2022 at 3:00pm AEST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
  2. The first 3 valid entries drawn will each win a Shell Coles Express Gift Card valued at $1,000 AUD.
  3. Redemption of a Shell Coles Express Gift Card can only be done at Shell Coles Express service stations are are subject to the terms of use of the issuer, which can be found at https://www.giftcards.com.au/CMS/Page/giftcardtermsofuse, as well as any terms specified on the Shell Coles Express Gift Card itself.
  4. The winners will be notified by email within two (2) business days after the draw and their names will be published online by 19 April 2022 at https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html.

8. The Prizes

  1. Each of the prizes described in section 7 (“The Draw”) of these Terms and Conditions is a “Prize” for the purposes of these Terms and Conditions.
  2. Any ancillary costs associated with redeeming a gift card Prize are not included in the Prize. Any unused balance of a gift card Prize will not be awarded as cash.
  3. The total prize pool value for this Promotion is $3,000 AUD. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Winners cannot swap or choose their Prize.
  4. If any Prize (or part of any 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 similar specification (which, for the purposes of these Terms and Conditions, is also a Prize), subject to any legislative restrictions or directions from a relevant regulatory authority.
  5. If for any reason, a winner does not arrange with the Promoter (or its agencies) for the receipt of their Prize (or any element of their Prize) by the date that falls one (1) month after the Prize draw, then their Prize will be deemed to be unclaimed.
  6. A redraw for any unclaimed Prizes may take place on 21 April 2022 at the same time and place as the original draw, subject to any legislative restrictions or directions from a relevant regulatory authority. Winners, if any, will be notified by email within two (2) business days after the redraw and their names will be published online by 26 April 2022 at https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html.

9. Privacy

  1. On entry into, or registration for, the Promotion, an Eligible Entrant’s personal information will be collected by the Promoter and stored on the Promoter’s database. The Promoter obtains personal information about an Eligible Entrant to enable them to participate in the Promotion. Any failure by an individual to complete all the mandatory fields when entering or registering, will prevent them from being able to participate in the Promotion. 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/privacy-policy. This privacy policy contains information about how a person may seek access to and correction of their personal information and how to make complaints. It also contains information about how a person can request their personal information not be used for direct marketing purposes and details of other organisations to whom the Promoter usually discloses personal information. If the Eligible Entrant has provided consent to receiving offers and promotions from the Promoter, the Promoter may use information the Eligible Entrant provides for its own future marketing purposes regarding its products/services, including contacting the Eligible Entrant electronically about other future special offers.

10. General terms

  1. Any person who claims a Prize agrees to and must participate in, and co-operate with, as reasonably required by the Promoter (or its agencies) all reasonable marketing and editorial activities relating to the Promotion, including (but not limited to) being recorded, photographed, filmed or interviewed. 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.
  2. 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 legislative restrictions or written directions from a relevant regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
  3. Any cost associated with accessing the websites or other entry mechanisms for the Promotion, is the entrant’s responsibility and is dependent on the Internet service provider used.
  4. 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 2010 (Cth) or under any similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
  5. 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 other loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way in connection with the Promotion, including (without limitation) due to: (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 or taking of a Prize.