‘Shell V-Power Father’s Day’ Exclusive Social Media Promotion Terms and Conditions

1. Promotion:

‘Shell V-Power Father’s Day’ Exclusive Social Media Promotion

2. Promotional Period:

Start Date: 12:00am AEST on Friday, 1 September 2023

End Date: 11:59pm AEST on Sunday, 10 September 2023

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

4.1 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”).

4.2 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-factochanc 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 1^st cousin.

5. How to enter

5.1 To enter, Eligible Entrants must complete the following steps during the Promotional Period:

(a) Locate the Promotion post from the Shell Australia Instagram Page (“Post”);

(b) Follow the Shell Australia Instagram Page and comment on the Post, telling us ‘in 25 words or less why your dad deserves to be spoilt on Fathers’ Day’ (“Promotional Question”).

5.2 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

6.1 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.

6.2 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.

6.3 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 (including, without limitation, the terms of section 9.2), 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.

6.4 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.

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

7. Judging the winning entries

7.1 The judging will take place at Level 16, 720 Bourke Street, Docklands, Victoria on 11 September 2023. The judges may select additional reserve entries which they determine to be the next best, and record them in order of merit, in case of an invalid entry, ineligible entrant or an unclaimed prize.

7.2 This is a game of skill. Entries will be judged based on the combination of originality, creativity and the overall impact on the judges of the answers to the Promotional Question.

7.3 The decision of the judges is final and no correspondence will be entered into.

8. The Prizes

8.1 The best one (1) valid entry, as determined by the judges, will receive a “Man Cave” valued at $10,300 and consisting of the following items: 1) autographed Shell V-Power Racing Team indigenous design bonnet from NT Supercars race; 2) Shell branded fridge; 3) QRL jersey signed by the team; 4) Shell V-Power Sherin AFL football; 5) Shell V-Power branded rugby football; 6) Shell Motorsports Model Car Collection, full set; 7) $1,000 JB HiFi voucher; 8) $500 Repco voucher; 9) $500 Shell Coles Express gift card.
The next best ten (10) valid entries, as determined by the judges, will each win a $250 Shell Coles Express gift card.

8.2 The winners will be notified by email within two (2) business days after judging and their names will be published online by 13 September 2023 at shell.com.au/winners

8.3 Each of the prizes described in section 8.1 of these Terms and Conditions is a “Prize” for the purposes of these Terms and Conditions.

8.4 Any ancillary costs associated with redeeming any benefit forming part of a Prize are not included in the Prize. Any unused balance of these Prizes will not be awarded as cash

8.5 The total prize pool value for this Promotion is $12,500 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.

8.6 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.

8.7 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) week after judging, then their Prize will be deemed to be unclaimed.

8.8 The awarding of any unclaimed Prizes may take place on 29 September 2023 at the same time and place as the original judging and based on the order of any reserve entries recorded by the judges at the time of the original judging in accordance with section 7.1, 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 and their names will be published online by 12 October 2023 at shell.com.au/winners.

8.9 To the fullest extent permitted by law, the Promoter is not liable for failure by a Prize winner (or any person nominated by the winner to participate with them in taking the benefit of a Prize) to use or take the benefit of any part or the whole of a Prize, including (without limitation) where that failure arises as a direct or indirect result of any fraud, theft, illness, loss, act or omission by or of the Prize winner, any person nomintated by the winner or any third party, or from any act of God.

8.10 Redemption and use of each Prize, and entry into, and participation in, all activites forming part of a Prize, are subject to the terms and conditions of the Prize issuer and any terms shown on any ticket forming part of the Prize.

8.11 As a condition of accepting a Prize, the winner and the winner’s nominated participant(s) must sign any legal documentation as and in the form reasonably required by the Promoter and/or Prize issuers, including but not limited to a legal release and indemnity form.

9. Content

9.1 Entrants agree that they are fully responsible for any content and materials they submit via the Promotion entry mechanics, including (without limitation) any text, answers, comments, recordings and images (“Content”). To the full extent permitted by law, the Promoter is not liable in any way for such Content.

9.2 Each entrant warrants and agrees that:

(a) they will not submit any Content in breach of any person’s intellectual property, privacy, publicity or other rights, or that is unlawful or fraudulent, or that is defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or which would otherwise be unsuitable for publication;

(b) their Content will not contain viruses or cause injury or harm to any person or entity;

(c) they will obtain, from any person who contributes any material to the Content submitted by the entrant and from each owner of any copyright or other intellectual property subsisting in that Content, their prior consent to the incorporation of that material and property into the Content and its submission as part of the Promotion;

(d) the Content does not infringe the rights of any third party;

(e) they consent, and prior to submission will obtain the consent of any other creator of the Content, to any use of the Content which may otherwise infringe a Content creator’s moral rights pursuant to the Copyright Act 1968 (C^th) and warrant that they have the full authority to grant these rights; and

(f) in connection with the submission of any Content by the entrant, they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.

9.3 Without limiting any other provision of these Terms and Conditions, the entrant agrees to indemnify the Promoter for any breach of the terms set out in section 9.2.

9.4 As a condition of entering this Promotion, each entrant licenses and grants the Promoter, its affiliates, co-promoters and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including, without limitation, any Content submitted by the entrant) for any purpose related to their business operations, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.

10. Privacy

10.1 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 (C^th) 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 and how those complaints will be managed. 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. As part of its normal operations the Promoter may transfer personal information to Viva Energy companies, associated entities and third parties located in a range of countries in which the Promoter or its contractors operate. The main countries include the United Kingdom, the Netherlands, Malaysia, the Philippines, Japan and the United States of America.

11. General terms

11.1 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.

11.2 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.

11.3 Any cost associated with accessing the websites or any other entry mechanisms for the Promotion, is the entrant’s responsibility and is dependent on the Internet service provider used.

11.4 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 (C^th) or under any similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).

11.5 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.