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 Street, Docklands VIC 3008, Australia, telephone (03) 8823 4444 (“Promoter”).
  3. Entry is only open to Australian residents aged 18 years or over who are not otherwise ineligible or excluded under these Terms and Conditions (“Eligible Entrants”).
  4. 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. The Promotion commences at 00:01am AEDT on 15/11/2021 and ends at 11:59pm AEDT on 13/12/2021 (“Promotional Period”).
  6. To enter, Eligible Entrants must complete the following steps during the Promotional Period:
    • unless the Eligible Entrant has previously download the “Shell V-Power Racing Team App”, and has it currently available for use, on the Eligible Entrant’s compatible device, download the “Shell V-Power Racing Team App” (the App) so that it is available for use on the Eligible Entrant’s compatible device;
    • unless the Eligible Entrant is a currently active “Team Mates” member on the App (“Existing Team Mate”), register as a “Team Mates” member on the App (“New Team Mate”) by following the prompts to log on as a Team Mate on the App and complete the registration process (including by providing required information such as first name, last name, email and postcode and accepting the terms and conditions of registration); then, either:
      • for New Team Mates, after registration when a pop up appears asking whether the New Team Mate would like to enter the Promotion, agree to receiving promotional and marketing communications from the Promoter and click on the “enter now” button to enter; or
      • for Existing Team Mates (and New Team Mates who do not choose to enter the Promotion via the pop up referred to in paragraph 6(b)(i) above), access the App and navigate to the “Promotions” page, locate this “Tis the Season” Promotion, agree to receiving promotional and marketing communications from the Promoter and enter by clicking on the “enter now” button.
  7. 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.
  8. 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.
  9. The Promoter has no control over the communications networks that may be used to access the App or 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.
  10. 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.
  11. The Promoter’s decision is final and no correspondence will be entered into.
  12. 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.
  13. The draw will take place at Anisimoff Legal, Suite 5/210 Central Coast Highway, Erina NSW 2250 on 15/12/2021 at 3:00pm AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. The winners will be notified by email within two (2) business days after the draw and their names will be published on https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html by 17/12/2021.
  14. The first (1) valid entry drawn will win a Shell Replica Bowser Fridge valued at $2,456 AUD.
  15. The next (1) valid entry drawn will win an Oakley merchandise pack valued at $338 AUD. Prize includes 1 x pair of Oakley Holbrook Sunglasses, 1 x Oakley Enduro 20L 3.0 Backpack, 1 x Oakley Tinfoil Fitted Cap and 1 x pair of Oakley Super Coil Sandals 2.0.
  16. Subject to the conditions outlined in sub-paragraphs (a) and (b) of this paragraph 16, the next two (2) valid entries drawn will each win a De Bortoli Wine Advent Calendar Box consisting of 12 different De Bortoli 750mL wine bottle varieties (a selection of red, white, sparkling and rosé), valued at $139.95 AUD.
    • The two winners drawn for the De Bortoli Wine Advent Calendar Box prize must be able to prove to the reasonable satisfaction of the Promoter that they are over 18 years of age to be eligible to claim this prize. If any winner drawn fails to do so, they will forfeit the prize.
    • If a Northern Territory resident is the winner of this prize, that winner will be awarded a Shell Coles Express Gift Card to the value of $140 AUD in lieu of the alcohol prize. Redemption of the Shell Coles Express Gift Card is 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.
  17. The next five (5) valid entries drawn will each win a Shell Motorsport Collection Model Car Kit valued at $80 AUD.
  18. The next five (5) valid entries drawn will each win a Three Three’s Food Hamper valued at $70 AUD.
  19. The next twenty five (25) valid entries drawn will each win a signed Anton de Pasquale limited edition poster valued at $50 AUD.
  20. The next twenty five (25) valid entries drawn will each win a signed Will Davison limited edition poster valued at $50 AUD.
  21. The next ten (10) valid entries drawn will each win a Hogs Breath Café restaurant voucher valued at $30 AUD (which is subject to any terms of use set by the issuer, including those specified on the restaurant voucher itself).
  22. Each of the prizes described in paragraphs 14 to 21 (both inclusive) of these Terms and Conditions is a “Prize” for the purposes of these Terms and Conditions.
  23. Any ancillary costs associated with redeeming a restaurant voucher or gift card Prize are not included in the Prize. Any unused balance of a restaurant voucher or gift card Prize will not be awarded as cash.
  24. The total prize pool value for this Promotion is $6,623.90 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.
  25. 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 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.
  26. 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.
  27. A redraw for any unclaimed Prizes may take place on 17/01/22 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 on https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html by 19/01/22.
  28. 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.
  29. 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.
  30. Any cost associated with accessing the websites for the Promotion or the App, is the entrant’s responsibility and is dependent on the Internet service provider used.
  31. 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”). 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.
  32. 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 or taking of a Prize.
  33. The Promoter and Racing Team (Aust) Pty Ltd (trading as Dick Johnson Racing) (“DJR”), who is the co-promoter and operator of the “Shell V-Power Racing Team App”, collect personal information ("PI") in order to register individuals as “Team Members” on the App, to operate the App and to conduct the Promotion and may, for these purposes, disclose such PI to third parties, including but not limited to co-promoters, agents, contractors, service providers and Prize suppliers and, as required, to Australian regulatory authorities (which may include the State and Territory lottery departments as required under the relevant lottery legislation). Entry to the Promotion is conditional on providing the PI required to validly enter the Promotion. Each entrant acknowledges and agrees that the Promoter and DJR may also, and will, use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.vivaenergy.com.au/contact/privacy-policy (for the Promoter) and https://djr.com.au/privacy/ (for DJR). In addition to any use that may be outlined in the Promoter’s or DJR’s Privacy Policies, the Promoter and DJR 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 Promoter’s Privacy Policy also contains information about how entrants may 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. Unless otherwise indicated by the Promoter, the Promoter may disclose PI to entities outside of Australia (for a list of the countries, see the Promoter’s Privacy Policy).

ACT Permit No. TP21/01960, SA Permit No. T21/1777

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