“Win 1 Of 20 G’day Parks Vouchers” G’day Parks App Promotion Terms And Conditions

1. Promotion:

These terms and conditions (Terms and Conditions) govern the participation by an entrant (Entrant) in the "WIN 1 OF 20 G’DAY PARKS VOUCHERS" promotion (Promotion) promoted by Viva Energy Australia Pty Ltd (ABN 46 004 610 459), of Level 16, 720 Bourke Street, Docklands, VIC 3008 Telephone 03 8823 4444 (Promoter). By participating in this Promotion, the Entrant is deemed to have accepted these Terms and Conditions.

2. Promotional Period:

The Promotion begins at 12.00am AEST on Thursday 7 September 2023 and ends at 11:59pm AEDST on Thursday, 5 October 2023 (Promotional Period).

3. Eligible Entrants

3.1 The Promotion is only open to individuals who:

(a) are Australian residents aged 18 years or over; and

(b) are an active G’day Rewards members, in accordance with the membership terms at https://www.gdayrewards.com.au/terms

(c) are not otherwise ineligible or excluded under these Terms and Conditions, (Eligible Entrants).

3.2 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 1^st cousin.

4. How to enter

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

(a) Download the G’day Parks App (“App”) if not done so already (which is available for free via The App Store and Google Play);

(b) Click the fuel bowser icon at the bottom of the screen and login, (including, without limitation, by accepting the terms and conditions of that offer and agreeing to information sharing with Viva Energy for marketing purposes); and

(c) using the App, validly redeem the initial once-off 6 cent per litre fuel discount (if redeeming for the first time) or the ongoing 4 cent per litre fuel discount (if not redeeming for the first time) off Shell fuel offer in-store at a participating Shell service station in accordance with the terms of that offer (see clause 5.4 below) (including, without limitation, by pressing the fuel bowser icon in the App and scanning the discount barcode shown in-store at the participating Shell service station when purchasing a minimum of 2 litres and a maximum of 150 litres of Shell fuel (excludes AdBlue and LPG) within a single transaction).

4.2 Each time a discount barcode of the 4c or 6c (as applicable) per litre off Shell fuel offer is validly redeemed by an Eligible Entrant during the Promotional Period (in accordance with the terms of that offer), the Eligible Entrant will automatically receive one entry into the Draw.

4.3 The 4c or 6c (as applicable) per litre off Shell fuel offer can be redeemed at Shell Coles Express service stations and other participating Shell branded services stations, as specified at https://www.shell.com.au/motorists/fuel-finder.html under the category filter “Participates in Viva Energy promotions”.

4.4 The full terms and conditions for the G’day Parks Fuel Discount can be found at https://www.gdayrewards.com.au/getattachment/1b436e89-d324-41eb-a400-22d33e9998c8/EXCLUSIVE-G%E2%80%99DAY-REWARDS-MEMBEROFFER.aspx.

5 Entry procedures

5.1 Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

5.2 The Promoter has no control over the communications networks that may be used to access the App or enter the Promotion and, subject to any applicable laws, is not liable for any problems associated with them due to network traffic congestion, technical malfunction or otherwise. For clarity, subject to any applicable laws, the Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Subject to any applicable laws, 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.

5.3 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 (including without limitation any Winner) 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, including but not limited to damaging the goodwill or reputation of this Promotion and/or the Promoter. Errors and omissions may be accepted at the Promoter's discretion. If a Winner is disqualified in accordance with this clause they will forfeit the Prize in whole. The Promoter will not under any circumstances be liable to such person for any loss, damage, cost, expense or other amount arising from or in connection with such disqualification. 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.

5.4 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.

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

6. The Draw

6.1 The draw will take place at Anisimoff Legal, G13, 3 Amy Close, North Wyong NSW 2259 on Tuesday, 10 October 2023 at 2.00pm AEDST. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible Entrant is drawn.

6.2 The first twenty (20) valid entries drawn (Winner) will each win the prize, awarded as a $500 G’day Parks voucher (Prize).

6.3 The Winner will be notified by email within two (2) business days after the draw and their name will be published online by Friday, 13 October 2023 at https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html.

6.4 This Promotion is a game of chance, and subject otherwise to these Terms and Conditions, skill plays no part in determining the Winner. Each valid entry will not be individually judged. The Winner will be randomly decided.

7. The Prizes

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

7.2 The total prize pool value for this Promotion is valued at $10,000 AUD (including GST). Prize, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken as cash, unless otherwise specified. Winner cannot swap or choose their Prize.

7.3 If 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.

7.4 To the fullest extent permitted by law, the Promoter is not liable for any failure by a Winner or any Nominated Person 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 Winner, their Nominated Person or any third party, or from any act of God.

7.5 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 the terms and conditions that apply to the tickets forming part of the Prize.

7.6 If for any reason the Promoter cannot, after making reasonable enquiries, award the Prize to the Winner because the Winner cannot be located or because of other special circumstances, then the Prize is taken to be unclaimed.

7.7 A redraw for any unclaimed Prize will (if necessary) take place on Friday, 1 December 2023 at the same time and place as the original draw, subject to any legislative restrictions or directions from a relevant regulatory authority. The winner, if any, will be notified by email within two (2) business days after the redraw and their names will be published online by Friday, 15 December 2023 at https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html

8. Privacy

8.1 On entry into, or registration for, the Promotion, an Entrant’s personal information will be collected by the Promoter and stored on the Promoter’s database. The Promoter obtains personal information about an 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 such 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 Entrant has provided consent to receiving offers and promotions from the Promoter, the Promoter may use information the Entrant provides for its own future marketing purposes regarding its products/services, including contacting the 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.

9 General terms

9.1 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.

9.2 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, and in which case the Promoter shall not be liable to any Entrant (including without limitation the Winner).

9.3 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.

9.4 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).

9.5 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.

ACT Permit No. TP23/01663

SA Permit No. T23/1297