Digital Discount Campaign 2018 Terms & Conditions ("Conditions of Claim")
Digital Discount Campaign 2018
Start date: 17/07/2018 at 12:01 am AEDT
End date: 17/09/2018 at 11:59 pm AEST
Viva Energy Australia Pty Ltd ABN 46 004 610 459, Level 16, 720 Bourke Street, Docklands, VIC 3008, Australia. Ph: (03) 8823 4444.
Viva Energy Australia is the exclusive licensee to supply Shell fuels and lubricants in Australia.
Claims are only open to Australian residents aged 18 years or over, who have fully and validly completed the registration page.
How to Claim & Discount Offer Details:
- The offer involves the award of nominated cent per litre fuel discount at the site nominated on the offer email or SMS.
- To claim a discount offer in this Promotion, the claimant must, during the Promotional Period, visit the nominated Shell service station and present the offer (in the form of a barcode) to the console operator. The discount offer will automatically be applied to the purchase. The offer can be presented via mobile device or in printed format.
- The Shell Service Station reserves the right to refuse processing the offer on the basis of irresponsible mobile use on the forecourt. The recommended device for redemption (in-store, not on the forecourt) is smartphone or tablet.
- 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).
- Please note this offer is not valid with any other offer or discount.
- The offer must be claimed within 7 days of issue of the offer email or SMS to the claimant.
- This offer is valid for one transaction only. Limit of 150 litres per vehicle per registered claimant. Offer not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions. Each offer is valid for one transaction only.
- This offer is not exchangeable or transferable or redeemable for cash.
Conditions of Claim:
- The claimant agrees and acknowledges that they have read these Conditions of Claim and that claiming the discount offer in the Promotion is deemed to be acceptance of these Conditions of Claim (which includes the Schedule). This Offer is not valid in conjunction with any other offer.
- 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.
- Valid and eligible discount offer claims from registered claimants will be accepted during the Promotional Period.
- 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.
- 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).
- 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 are 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 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. The claimant is solely responsible for having the relevant equipment and services to access the registration page, email and SMS in-store on a device such as smartphone and valid internet service to their device.
- 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). 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.
- 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.
- 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 offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 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).
- 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.
- 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.
- Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.