TERMS AND CONDITIONS

  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. All dates and times stipulated in these Terms and Conditions either AEST or AEDST, as applicable.
  2. The promotion will be conducted between 17/09/2018 and 11:59pm on 21/11/2018 (“Promotional Period”).
  3. Entry is only open to Australian residents aged 18 years or over with a valid Australian driver licence and who are not ineligible or otherwise excluded under these Terms and Conditions (“Eligible Entrant”). Employees (and their immediate families) of the Promoter, Shell, participating “Shell” or “Coles Express” service stations, 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. Employees of the Promoter include employment agency employees who are currently performing work for the Promoter.
  4. To qualify for entry, an Eligible Entrant must, during the Promotional Period, purchase fuel from a participating “Shell” or “Coles Express” service station in Australia, which excludes any sites listed at www.shell.com.au/mustang/excludedsites. The purchase must be (or include) 30 litres or more of Shell fuel (excluding AdBlue) in a single transaction (excluding purchases made with Shell Card, Fleet Card, Motorcharge or Motorpass) (“Qualifying Purchase”).
  5. Upon completing their Qualifying Purchase, Eligible Entrants must then complete the following steps during the Promotional Period to enter the prize draw:
    • follow the prompts to the promotion entry page, input the requested details including their full name, email address, phone number, date of birth, the full purchase receipt number and site number (found on the purchase receipt); and
    • submit the fully completed online entry form.
  6. For clarity, entries are not deemed to be received by the Promotor until received into the promotion database as required above.
  7. The Promoter has no control over communications networks and is not liable for any problems associated with them due to 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.
  8. Multiple entries are permitted, subject to the following: (a) only one entry permitted per receipted Qualifying Purchase; (b) each entry must be submitted separately and in accordance with all entry requirements; and (c) a person may not win more than one daily prize (excluding SA residents).
  9. The Promoter reserves the right, at any time, to verify the validity of entries and Eligible Entrants (including an Eligible Entrant’s identity, age and place of residence) and reserves the right to disqualify any Eligible Entrant who the Promoter reasonably believes has: (a) breached these Terms and Conditions; or (b) has tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the 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.
  10. Eligible Entrants must retain a copy of the Qualifying Purchase receipt issued by the participating service station for all entries as proof of purchase. It is the Eligible Entrant’s responsibility to request a purchase receipt if one is not provided at the time of purchase. If the Eligible Entrant is unable to provide evidence of a Qualifying Purchase to the Promoter’s reasonable satisfaction, the Promoter may determine that entry to be invalid (thereby forfeiting any rights to claim a prize).
  11. Entries deemed invalid or ineligible in accordance with these Terms and Conditions will not be notified. The Promoter’s determination is final and no correspondence will be entered into.
  12. During the Promotional Period, there will be one draw conducted each day for the eligible entries received on that day, for a total of 66 draws (“Daily Draws”) and there will be one draw conducted for all entries received during the Promotional Period (“Major Draw”).
  13. Entries into each Daily Draw will open at 12:00am and close at 11:59pm each day. Entries in each Daily Draw will NOT be entered into any subsequent day’s Daily Draw(s). However, all entries (including the Daily Draw winners) will be entered into the Major Draw.    
  14. All draws will take place at Anisimoff Legal, Suite 5, Erina Plaza, 210 Central Coast Highway, Erina NSW 2250. Each Daily Draw will take place at 4:00pm on the business day after entries close for that Daily Draw, with the first Daily Draw taking place on 18/09/2018 and the last Daily Draw taking place on 22/11/2018. The Major Draw will take place at 11:00am on 23/11/2018. For the removal of doubt, no draws will be conducted during the weekend or on a public holiday in NSW. Daily Draws for Saturdays and Sundays will be drawn on the Monday morning following the weekend.
  15. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. All winners will be notified in writing by email and telephone within two business days of the relevant draw. Winners will have their names published online at https://www.shell.com.au from 27/11/2018.
  16. The first valid entry drawn in each Daily Draw will each win a $100 EFTPOS Pre-Paid Gift Card.
  17. The first valid entry drawn in the Major Draw will win a 2018 Ford Mustang GT Fastback, with a 5.0 litre V8 engine with 10 Speed Automatic Transmission valued at up to $74,000 (Ford’s recommended drive away price of $74,000 includes 12 months’ registration, 12 months’ compulsory third party insurance, stamp duty and dealer delivery charges (which may vary by State or Territory)). Additional insurance, options, fuel and all other ancillary costs associated with the prize and its use are the responsibility of the winner.
    The winner must collect their prize from a Ford dealership closest to the winner’s place of residence in Australia. The location of dealership will be notified to the winner in writing within 5 business days of the draw. If the winner is unable to collect the car from the specified dealer, they will need to make their own delivery arrangements with the dealer at their own cost. The date of prize collection is subject to availability of the vehicle, but is anticipated to be within ninety (90) days from the date of winner notification and Ford reserves the right to change the colour of the vehicle. Any costs incurred in collection of the prize are the sole responsibility of the winner.
  18. If the winner is, through any legal incapacity or otherwise, unable to register the car in their own name, then the winner may assign the car to another person aged 18 years or over with a valid Australian driver licence (who consents to such assignment) with legal capacity for the purpose of registration. The Promoter takes no responsibility for any such arrangements between the winner and the assignee. The winner must provide the Promoter with certified copies of all required documentation as required by the Promoter before the car is awarded. 
  19. Any ancillary costs associated with redeeming an EFTPOS Pre-Paid Gift Card are not included. Redemption of the gift card is subject to any terms and conditions of the issuer. For full terms and conditions of the gift card, visit: http://www.giftcardplanet.com.au/eftpos-cardholder-terms. Gift card activation will involve the Promoter delivering the gift card to the daily prize winners. The Promoter will activate the card balance to enable card usage. All cards must be activated within 2-months of delivery. From the date of activation, the recipient has 12 months to use the gift card balance.
  20. The card is like cash and may not be replaced if misused, lost, stolen or damaged. Winners are responsible for all transactions on the card, except where there has been fraud or negligence by third parties. If winners notice any error relating to the card, they should notify Edge Loyalty Client Services immediately on 1300 079 267 during business hours or alternatively send an email to info@giftcardplanet.com.au.
  21. If any prize is unavailable, the Promoter, reserves the right to substitute the prize with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
  22. Total prize pool value is $80,600. Prizes (or any unused portion of a prize) are not transferable or exchangeable and cannot be taken as cash unless otherwise specified.
  23. If for any reason a winner does not redeem a prize (or part of the prize) by the time stipulated by the Promoter, then the prize (or that part of the prize) will be forfeited and not be redeemable for cash.
  24. A draw for any unclaimed prizes may take place on 27/02/2019 at the same time and place as the original draw, subject to any written directions from a regulatory authority. Winners (if any) will be notified in writing by email and telephone within two business days of the draw and their names will be published online at www.shell.com.au from 01/03/2019.
  25. Eligible Entrants consent to participating in any publicity activities reasonably requested by the Promoter, including 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, without remuneration, for the purpose of promoting this promotion (including any outcome), and promoting any products associated with the Promoter.
  26. 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, to the fullest extent permitted by law: (a) to disqualify any Eligible Entrants (unless in the reasonable opinion of the Promoter, the Eligible Entrant has in no way contributed to such circumstances); or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
  27. Any cost associated with accessing the Internet is the Eligible Entrant’s responsibility and is dependent on the Internet service provider used. The use of any automated entry software or any other mechanical or electronic means that allows an Eligible Entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that Eligible Entrant invalid.
  28. As a condition of accepting the major prize, the winner must sign any legal documentation as and in the form required by the Promoter and/or prize suppliers in their absolute discretion, including but not limited to a legal release and indemnity form.
  29. 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 or similar consumer protection laws that apply in the States and Territories of Australia that cannot by law be excluded (“Non-Excludable Guarantees”).
  30. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) 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 the promotion, including where arising 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 Eligible Entrant; or (f) use of a prize.
  31. Subject to this paragraph, all personal information collected from Eligible Entrants will be handled in accordance with the Viva Energy Privacy Policy which can be accessed by visiting www.vivaenergy.com.au/contact-us/privacy-policy. The Promoter collects personal information in order to conduct the promotion and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, prize suppliers and, as required, to Australian regulatory authorities. Entry is conditional on providing this information. The Promoter may, for an indefinite period, unless otherwise advised, use the information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant, in addition to any other use that may be outlined in the Viva Energy Privacy Policy. Eligible Entrants must direct any request to opt out, access, update or correct information to the Promoter. Any complaints regarding the treatment of personal information must also be directed to the Promoter using the contact details set out below and will be dealt with by the Promoter in accordance with the Viva Energy Privacy Policy. All entries become the property of the Promoter. Other than for publicity purposes as described in clause 25 of these Terms and Conditions, the Promoter will not disclose any personal information overseas.
  32. The Promoter is Viva Energy Australia Ltd (ABN 46 004 610 459), of Level 16, 720 Bourke Street, Docklands, 3008 (“Promoter”). Telephone: 13 16 18. E-mail: motorsport@vivaenergy.com.au

Permits: NSW LTPS/18/26354, ACT TP18/01384, SA T18/1273.