Shell | Winsday 2018 Terms & Conditions ("Conditions of Claim") Schedule

Promotion:

Shell | Winsday 2018

Promoter: 

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

Promotional Period:

Start date: 26/03/18 at 12:01 am AEDT
End date: 22/04/18 at 11:59 pm AEST

Eligible claimants:

Claims are only open to Australian residents aged 15 years or over who: (a) are either: (i) a registered a registered member of the Shell V-Power Team Mates program, no later than 11.59pm AEST on Sunday 22 April 2018 or (ii) subscriber to Shell V-Power Racing Team Updates from the Shell V-Power Club, no later than 11.59pm AEST on Sunday 22 April 2018; or (b) fully complete and submit the entry form for this Promotion (available at winsday.com.au) (including signing up to promotional materials) by 11.59pm AEST on Sunday 22 April 2018. Details on How to Claim & Redeem a discount offer are indicated below.

Claimants under the age of 18 must have parent or legal guardian approval to redeem the discount offer.

How to Claim & Discount Offer Details:

The offer involves the award of a 5c / litre fuel discount at any Shell Coles Express. There will be four (4) sporting events outlined below, where the outcome of the event will affect whether or not a discount offer is awarded in respect to that event. If a Shell Team (defined below) wins the specific event then an email with the discount offer will be sent to eligible entrants after the event, and must be redeemed within the period indicated below. Only one (1) discount offer email will be sent out to eligible entrants per event. An entrant must be a registered member of the Shell V-Power Team Mates program or subscriber to Shell V-Power Racing Team Updates from the Shell V-Power Club or complete/submit the online Promotion entry form (at winsday.com.au), as at 11.59pm AEST/AEDT (as applicable in VIC) on the last day of the event (i.e. the Sunday outlined below) to be eligible to receive the respective discount offer email related to that event. If a Shell Team does not win an event, then no discount offer email will be sent out in respect to that event. If there is a dispute regarding whether or not a Shell Team has won for any event, the Promoter’s decision will be final.

Shell Team for the purposed of these terms means the Dick Johnson racing team.
 

Must be registered by date below to be eligible to receive discount offer email Event (V8 Championship Finale at each of below sporting events) Redemption Period
11.59pm AEDT on Sunday 4 March 2018 Adelaide 500 (held between 1-4 March 2018) 7-9 March 2018
11.59pm AEDT on Sunday 25 March 2018 Australian Grand Prix (held between 22-25 March 2018) – V8 Supercar event 28-30 March 2018
11.59pm AEST on Sunday 8 April 2018 Tyrepower Tasmania SuperSprint (held between 6-8 April 2018) 11-13 April 2018
11.59pm AEST on Sunday 22 April 2018 Phillip Island 400 (held between 20-22 April 2018) 25-27 April 2018

To claim a discount offer in this Promotion, the claimant must, during the Promotional Period:

(a) visit any Shell Coles Express store within Australia and while in-store activate the discount on their mobile phone or tablet by selecting the required button in the promotional discount offer email they received; and
(b) they will have seven (7) minutes from activating the discount to redeem. By activating the discount they will be taken to a page with a barcode which must be scanned by the customer using the customer facing barcode reading device in Shell Coles Express at the time of fuel purchase, and the discount offer will automatically be applied to the purchase.

Coles Express reserves the right to refuse processing the offer on the basis of irresponsible mobile use on the forecourt. This offer may not be redeemable if the user does not possess an internet connection on their chosen device. Recommended device for redemption is smartphone. The Promoter reserves the right to share captured data from the campaign with its third-party suppliers (e.g. location at which offer was redeemed).

The discount offer is 5c / litre fuel discount at any Shell Coles Express Australia-wide. The discount offer is redeemable on all fuels at all Shell Coles Express and can be combined with other discount offers such as flybuys or Coles petrol discount receipts. This offer is valid for one transaction only. Limit of 150 litres per vehicle per customer. Offer not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions. Each offer is valid for one transaction only.

Coles Express reserves the right to refuse processing the offer on the basis of irresponsible mobile or tablet use on the forecourt. This offer may not be redeemable if the claimant does not possess an internet connection on their chosen device. Recommended device for redemption is smartphone. The Promoter reserves the right to share captured data from the campaign with its third-party suppliers (e.g. location at which offer was redeemed).

A maximum of four (4) discount offer emails will be sent out to eligible entrants for this Promotion – maximum of one (1) per event. Each of the four (4) discount offers emailed may be redeemed once only.

Offer is not exchangeable or transferable or redeemable for cash.

 

  1. The claimant agrees and acknowledges that they have read these Conditions of Claim (and Schedule) and that claiming the discount offer in the Promotion is deemed to be acceptance of these Conditions of Claim (and Schedule). Any capitalised terms used in these Conditions of Claim have the meaning given in the Schedule, unless stated otherwise. Offer not valid in conjunction with any other offer.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible discount offer claims will be accepted during the Promotional Period.
  4. If there is a dispute as to the identity of an eligible claimant, the Promoter reserves the right, in its sole discretion, to determine the identity of the claimant.
  5. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Claim 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).
  6. 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 the discount offer in this Promotion. The claimant is responsible for ensuring that: (a) the email address and other details provided and registered with the Shell V-Power Team Mates program or the Shell V-Power Racing Team is correct and up to date; (b) the claimant opens the promotional email; (c) the claimant only uses his or her tablet or mobile device safely in-store and correctly redeems the discount; and (d) the claimant is able to read and open the promotional email and subsequent related emails at the time the claimant wishes to access the discount. The claimant acknowledges that no wi-fi or internet or mobile data access will be provided at the Coles Express Shell Service Station and that the Promotor makes no representation or claim in relation to any of the claimant’s responsibilities set out in this clause and that the claimant’s responsibilities are outside of the Promoter’s control. 
  7. The Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). In the event that a claimant cannot provide suitable proof as required by the Promoter to validate their claim, the claimant will forfeit the discount offer in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim discount offer. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically claim repeatedly is prohibited and may render all claims submitted by that individual invalid. 
  8. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Conditions of Claim. 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 claimant and no correspondence will be entered into. 
  9. Claimants’ personal information will be collected by the Promoter, Shell, Dick Johnson Racing Team and Dick Johnson Racing Team’s third party suppliers e.g. MediaCom, Peazie (“Collectors”). Personal information will be stored on each Collector’s database. Each of the Collectors may use this information for their own future marketing purposes regarding their products/services, including contacting the claimant electronically. The Collectors are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and their respective privacy policy which is located at Privacy Policy (for the Promoter – Viva Energy); Privacy Policy (for Shell),Privacy Policy (for Dick Johnson Racing Team), Privacy Policy (for MediaCom), Privacy Policy (for Peazie). Each aforementioned privacy policy contains information about how the claimant may access, update and seek correction of the personal information the respective Collector holds about them and how the claimant may complain about any potential breach by the Collector of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Collectors obtain personal information about claimants to enable them to participate in this Promotion and may disclose the claimants’ personal information to third parties including its contractors and agents, offer 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 claimant does not provide their personal information as requested, they may be ineligible to claim the offer in the Promotion. Personal information collected from claimants will not be disclosed to any entity located outside of Australia. 
  10. 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 discount offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 
  11. The claimant 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.
  12. The Promoter accepts no responsibility for any tax implications and the claimant must seek their own independent financial advice in regards to the tax implications relating to the discount offer. 
  13. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.