The Tell Shell Voice of Customer Fuel Discount promotion (“The Promotion”) will run between 12:00am 5/10/2020 and 11:59pm on 31/12/2022 ("Promotional Period") at all participating Shell branded service stations (see clause 12).
The Promoter is Viva Energy Australia Pty Ltd (ABN 46 004 610 459), of Level 16, 720 Bourke Street, Docklands, VIC 3008 ("Promoter"). Telephone: 03 8823 4444
Participation is only open to Australian residents aged 18 years or over who have satisfied the conditions for entry (at clauses 4 and 5 below) and are not otherwise ineligible or otherwise excluded under these Terms and Conditions ("Eligible Entrant"). Employees (and their immediate families) of the Promoter, Shell, “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.
To qualify for the fuel discount offer (see ‘Fuel Discount Offer Conditions of Claim’) ("Discount Offer"), an Eligible Entrant must complete the Survey in full at https://tellshell.shell.com/au (also accessible via a QR code) during the Promotional Period. Specifically, completing the survey in full includes providing your first and last name, valid email address and postcode.
Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or by the Eligible Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
Subject to these Terms and Conditions, 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 purposes as described in these Terms and Conditions, the Promoter will not disclose any personal information overseas.
The Promoter reserves the right to share data from the campaign with its third-party suppliers (e.g. location to which feedback was provided), in accordance with clause 6.
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.
Fuel Discount Conditions of Claim:
The Discount Offer is a single 5c / litre fuel discount at any participating Shell service station Australia-wide (excludes Shell Coles Express branded sites). The discount offer is redeemable on all fuels excluding LPG and Adblue at all participating Shell service stations. This offer is valid for one transaction only. Limit of 150 litres per vehicle per customer in one transaction. Offer not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions. Offer may not be combined with other discount offers (such as Coles shopper docket petrol discount offers). Entrants may access the discount offer more than once during the Pilot Promotional Period, provided that each entry satisfies the conditions of clause 4. The Tell Shell survey fuel discount can only be registered for by a customer at a maximum of once every seven days.
After fully completing the Tell Shell on-line survey during the Promotional Period in accordance with clause 4, Eligible Entrants will be issued an email with a single Discount Offer which has a validity period of 14 days.
To redeem a Discount Offer, the claimant must, prior to the expiry date of the Discount Offer:
a. visit any participating Shell service station within Australia and while in-store have the Discount Offer email they received open on their smart device; and
b. scan the barcode found within the Discount Offer email using the customer facing barcode reading device in Shell at the time of fuel purchase, and the relevant Discount Offer will automatically be applied to the purchase. The Discount Offer will expire automatically once it is scanned and the discount has been applied.
All valid Discount Offers received prior to the applicable expiry date will be honoured by the Promoter, subject to individual retailers reserving the right to refuse processing a Discount Offer on the basis of irresponsible mobile use on the forecourt. A Discount Offer may not be redeemable if the claimant does not possess an internet connection on their chosen device. Recommended device for redemption is smartphone.
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. Offer not valid in conjunction with any other offer, unless stated otherwise.
Offer is not exchangeable or transferable or redeemable for cash. All costs associated with redeeming the Offer is the responsibility of the claimant.
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) contact details (including email address) used to enter the contest are correct and up to date; (b) the claimant only uses his or her tablet or mobile device safely in-store and correctly redeems the discount; and (c) the claimant is able to read and open the discount barcode coupon. 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 Promoter reserves the right, at any time, to validate and check the authenticity of claims and claimant's details (including a claimant's identity, age and place of residence). 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. 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 the discount offer. The Promoter is not responsible for technical difficulties with the discount offer redemption mechanism and does not warrant that the redemption mechanism will be available at all times. 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 will 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.
Nothing in these Conditions of Claim 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 limited, excluded or modified
The Promoter (including its respective officers, employees and agents) excludes all liability 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 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.