“WIN A SHELL MOTORSPORT COLLECTION KIT” PROMOTION
TERMS AND CONDITIONS
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.
1. Promotion:
“Win a Shell Motorsport Collectors Kit” Promotion.
2. Promotional Period:
Start Date: 12.00am AEDT on Wednesday 16 November 2022
End Date: 11:59pm AEDT on Saturday 31 December 2022
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;
(b) are an active Linkt or LinktGO customer (the offer is not available to commercial account customers or customers whose accounts are suspended);
(c) have, via the Linkt App, LinkGO App or linkt.com.au, access to a valid and current fuel discount offer barcode (Discount Offer Barcode) obtained as
part of the Linkt Customer Rewards Fuel Discount Offer that is promoted by
Tollaust Pty Ltd (ABN 37 050 538 693) in NSW, CityLink Melbourne Limited
(ABN 65 070 810 678) in VIC and Queensland Motorways Management Pty
Ltd (ABN 86 010 630 921) in Qld and fulfilled by Viva Energy Australia Pty Ltd
(ABN 46 004 610 459) (Linkt):
(d) as part of obtaining that Discount Offer Barcode, have consented to the Linkt Customer Rewards Fuel Discount Offer terms (VIC, NSW, QLD); the use and disclosure of their contact details and redemption information between Linkt and the Promoter; and to the receipt of marketing from the Promoter; and
(e) 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-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.
5. How to enter
5.1 To receive one entry (Single Entry) into the Promotion, Eligible Entrants must complete the following steps during the Promotional Period:
(a) visit the Promotion entry page at
pub.email.vivaenergy.com.au/linkt_motosportspromo2022 and complete and submit the entry form, which will require the entrant to provide their full name, email, mobile number and postcode, and to agree to these Terms and Conditions;
(b) as part of the entry process, consent to receiving communications from the Promoter regarding offers, promotions, goods and services and other promotional materials; and
(c) visit a Shell Coles Express and use their Discount Offer Barcode when purchasing a minimum of 2 litres and a maxium of 150 litres of any Shell fuels (excluding LPG and AdBlue) in a single transaction.
5.2 To receive two entries (Double Entry) into the Promotion, Eligible Entrants must complete the following steps during the Promotional Period:
(a) visit the Promotion entry page at pub.email.vivaenergy.com.au/linkt_motosportspromo2022 and complete and submit the entry form, which will require the entrant to provide their full name, email, mobile number and postcode, and to agree to these Terms and Conditions;
(b) as part of the entry process, consent to receiving communications from the Promoter regarding offers, promotions, goods and services and other promotional materials; and
(c) visit a Shell Coles Express and use Discount Offer Barcode when purchasing a minimum of 2 litres and a maximum of 150 litres of any premium Shell fuels (being Shell V-Power 98 or Shell V-Power Diesel) in a single transaction.
5.3 An Eligible Entrant is only required to complete the steps in paragraphs 5.1(a) and 5.1(b) or in paragraphs 5.2(a) and 5.2(b) once. An Eligible Entrant may, subject to paragraph 5.4 below, complete the step in paragraph 5.1(c) and/or 5.2(c) multiple times during the Promotion Period for multiple entries into the Promotion. The number of entries effected by the Eligible Entrant will be determined with reference to their Linkt Customer Rewards transaction history during the Promotional Period.
5.4 Multiple entries into the Promotion per Eligible Entrant during the Promotional Period are subject to the following conditions:
• Only one Single Entry is permitted per purchase transaction for non-premium Shell fuel (regardless of how many litres of Shell fuel is purchased in that transaction); and
• Only one Double Entry is permitted per purchase transaction for premium Shell fuel (regardless of how many litres of Shell V-Power 98 or Shell V-Power Diesel is purchased in that transaction).
5.5 In accordance with the Customer Rewards Fuel Discount Offer terms (see paragraph 4.1(d) above), each Discount Offer Barcode is vaild for a single use per day and will expire once used. A new Discount Offer Barcode will be available after 9am the day following the last redemption.
6. Entry procedures
6.1 Entries are deemed to be received at the time that all relevant entry conditions are satisfied by the Eligible Entrant in accordance with clause 5. The records of the Promoter and its agencies are final and conclusive evidence as to the time of entry.
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, 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. The Draw
7.1 The draw will take place at Anisimoff Legal, Suite 5/210 Central Coast Highway, Erina NSW 2250 on Thursday, 19 January 2023 at 2.00pm AEDT. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn.
7.2 The first 3 (three) valid entries drawn will each win one (1) Shell Motorsport Collectors Kit comprising seven remote control model cars, two (2) Bluetooth® Smart Batteries and two (2) USB charging cables in a limited edition presentation case, valued at $125.
7.3 Remote control functionality for the model cars requires access to a smart phone or tablet on which the Shell Racing App has been downloaded. The Shell Racing App is available for free in the App Store or Google Play.
7.4 The winners will be notified by email within two (2) business days after the draw and their names will be published online by 26 January 2023 at https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html
The Bluetooth®️ word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and any use of such marks is under license.
8. The Prizes
8.1 Each of the prizes described in section 7.2 (“The Draw”) of these Terms and Conditions is a “Prize” for the purposes of these Terms and Conditions.
8.2 The total prize pool value for this Promotion is $375. Prizes, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken or redeemed as cash, unless otherwise specified. The winner cannot swap or choose their Prize.
8.4 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.
8.5 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) month after the Prize draw, then their Prize will be deemed to be unclaimed.
8.6 A redraw for any unclaimed Prizes may take place on 20 February 2023 at the same time and place as the original draw, 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 after the redraw and their names will be published online by 27 February 2023 at https://www.shell.com.au/motorists/promotions-and-offers/competition-winners.html
9. Privacy
9.1 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 (Cth) 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. 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.
10 General terms
10.1 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.
10.2 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.
10.3 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.
10.4 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 (Cth) or under any similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”).
10.5 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.