Shell | We Win, You Win Discount Offers 2021 Terms & Conditions

Shell | We Win, You Win Discount Offers 2021 Terms & Conditions ("Conditions")

A. Schedule

Promotion:

Shell | We Win, You Win 2021

Promoter:

Viva Energy Australia Pty Ltd ABN 46 004 610 459, Level 16, 720 Bourke Street, Docklands, VIC 3008, Australia. (“Viva Energy”)
Ph: (03) 8823 4444

Promotional Period:

Start date: 04/01/2021 at 09:00 pm AEDT
End date: 16/10/2021 at 11:59 pm AEDT

Eligible claimants:

  1. Discount Offers are only open to individuals who are Australian residents aged 18 years or over who:
    • are registered members of the Viva Energy promotional database and have completed a registration form for this Promotion (available at vivaenergy.com.au/cats) by:
      • completing all mandatory fields; and
      • consent to receiving communications from the Promoter regarding offers, promotions, goods and services and other promotional materials, or
    • who are an existing registered member from a prior year’s We Win You Win promotion by the Promoter who:
      • consents to participate in this Promotion through by following the prompts and steps set out in the email sent to the individual from the Promoter; and
      • continue to subscribe to the Promoter regarding offers, promotions, goods and services and other promotional materials,
    ("Registered Member").
  2. Participants can become Registered Members and eligible to receive the Discount Offers at any time during the Promotional Period. However, Registered Members will only receive Discount Offers on and from the date of their registration and must be registered before the dates specified below to receive each of the Discount Offers, if issued. Participants can only register and participate in this Promotion in their own names. The Promoter accepts no responsibility for any registrations not received for any reason. Registrations will be deemed to be accepted at the time of receipt by the Promoter. No responsibility will be taken for lost, late or misdirected registrations or registrations not received for any reason. The Promoter is not responsible for technical difficulties with the registration mechanism and does not warrant that the registration mechanism will be available at all times. To receive and redeem the Discount Offers, participants must remain Registered Members throughout the Promotional Period. If a participant cancels their membership or ceases to become a Registered Member for any reason during the Promotional Period, they will no longer be eligible to receive or redeem the Discount Offers on and from the date they ceased to be a Registered Member. Details on How to Claim & Redeem a Discount Offer are indicated below. Registered Members under the age of 18 must have parent or legal guardian approval to redeem the discount offer.

Discount Offer Details & How to Redeem the Discount Offer:

  1. There will be up to a maximum of thirty-eight (38) matches in the 2021 AFLW competition and 2021 AFL competition where the outcome of the match played by The Geelong Football Club women’s team or the Geelong Football Club men’s team will determine whether or not a 5c / litre fuel discount (redeemable on all fuels excluding LPG) at any participating Shell and Shell Coles Express service station ("Discount Offer") is offered. If the Geelong Football Club women's team competing in the 2021 AFLW competition or the Geelong Football Club men's team competing in the 2021 AFL competition (the "Geelong Cats AFLW or AFL team") win a specific match then an email with the Discount Offer barcode and validity period of the Discount Offer (“Redemption Period”) will be sent to eligible Registered Members on the Monday following the match, or if the match is played on a Monday, then you will receive the email on the Tuesday, and must be redeemed within the Redemption Period specified in the email . Only one (1) Discount Offer email will be sent out to eligible Registered Members per Redemption Period (if applicable). If the Geelong Cats AFLW or AFL team do not win the relevant match(es) then there will be no Discount Offer issued. The Promotional Period includes the 2021 AFLW and AFL finals series. The Geelong Cats AFLW and / or AFL teams must qualify for and win the finals matches in order for Discount Offers to be issued in respect of the finals series matches. For the avoidance of any doubt, if neither of the Geelong Cats AFLW or AFL teams win a match during the 2021 AFLW and AFL competitions then there will be no Discount Offers. If there is a dispute regarding whether or not the Geelong Cats AFLW or AFL team has won a match, the Promoter’s decision will be final.
  2. In the event that any match is postponed, cancelled or rescheduled, and the Geelong Cats win the relevant postponed, cancelled or rescheduled match the Promoter will follow the official AFLW / AFL schedule as applicable and adjust the dates for the relevant Discount Code and the Discount Code’s applicable Redemption Period.
  3. IF both the Geelong Cats AFLW and AFL teams play matches in the same week and: (a) if neither team wins their match in that week then no Discount Offer will be issued; (b) if only one of the Geelong Cats AFLW and AFL teams win, tie or draw their respective matches then a Discount Offer will be issued and the relevant Redemption Period for the Discount Offer will apply; and (c) if both of the Geelong Cats AFLW and AFL teams win their respective matches in that same week then only be a single Discount Offer issued which may be used during its Redemption Period – the discount offer will not be doubled or issued twice if both teams win in the same week.
  4. All Geelong Cats AFLW and AFL matches within their respective 2021 seasons are eligible for the promotion. As dates and times for matches are subject to change, to view the times and dates of each match please visit www.afl.com.au/fixture. To be eligible for the promotion for any given match, you must be a registered member of the promotion no later than 11.59pm AEST the night prior to the first match of the round for which the eligible match is being played.
  5. To redeem a Discount Offer, the Registered Member must, during the relevant Redemption Period:
    1. visit any participating Shell and Shell Coles Express service station within Australia (refer to paragraph 7 below for participating Shell and Shell Coles Express service stations, i.e. ‘Participating Shell Service Stations’);
    2. while in-store at the Participating Shell Service Station, activate the discount on their mobile device by selecting the required button in the Discount Offer email they received; and
    3. scan the Discount Offer barcode (which appears on the webpage upon activation of the Discount Offer email) by using the customer facing barcode reading device in-store at the Participating Shell Service Station at the time of fuel purchase. The relevant Discount Offer will automatically be applied to the purchase upon completion of (a), (b) and (c).
  6. All valid Discount Offers redeemed at Participating Service Stations within the relevant Redemption Period 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 or breach of any term of these terms & conditions. A Discount Offer may not be redeemable if the Registered Member does not possess an internet connection on their chosen device. Recommended device for redemption is an internet enabled smartphone. The Promoter reserves the right to share captured data from the campaign with its third-party suppliers (e.g. location at which a Discount Offer was redeemed), in accordance with paragraph 9 below.
  7. Each Discount Offer will be a 5c / litre fuel discount at any participating Shell and Shell Coles Express service station Australia-wide (“Participating Shell Service Stations”). For a full list of participating Shell and Shell Coles Express service stations please click here: https://www.shell.com.au/motorists/fuel-finder.html. Discount Offers cannot be redeemed at unmanned Shell service stations and some dealer service stations.
  8. A Discount Offer is redeemable on all fuels excluding LPG at participating Shell Service Stations and can be combined with other discount offers such as FlyBuys or Coles petrol discount receipts subject to the terms and conditions of the offer of such discount (eg FlyBuys or Coles). Each Discount Offer is valid for one transaction only and cannot be combined with any other offer offered to you in whole or part by Viva Energy. Limit of 150 litres per vehicle per customer per application of the Discount Offer. Discount Offers are not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions. Each Discount Offer is valid for one transaction only.
  9. There will be a maximum of one (1) Discount Offer per week in which either Geelong Cats AFLW and AFL teams wins in their respective match – if there are a total of 38 matches in the competition (for either Geelong Cats AFLW or AFL teams), there will be a maximum total of 38 Discount Offers. Each of the Discount Offer may be redeemed by a Registered Member once only.
  10. Discount Offers are not exchangeable or transferable or redeemable for cash. All other costs associated with accessing and redeeming a Discount Offer are the responsibility of the Registered Member.

General Terms

  1. The Registered Member agrees and acknowledges that they have read these Conditions and that registration for this Promotion is deemed to be acceptance of these Conditions Any capitalised terms used in these Conditions have the meaning given in these Conditions, unless stated otherwise.
  2. The Promotion commences on the Start Date and ends on the End Date ("Promotional Period"). Discount Offer redemption claims are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or activation by the claimant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.
  3. Valid and eligible Discount Offer claims will be accepted during the Promotional Period.
  4. If there is a dispute as to the identity of an eligible Registered Member or their status as a Registered Member, the Promoter reserves the right, in its sole discretion, to determine their identity and status.
  5. 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).
  6. 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 or suspend the Promotion and invalidate any affected Discount Offer codes, or suspend or modify a Discount Offer in this Promotion. The Registered Member is responsible for ensuring that: (a) the email address and other details provided and registered with the Promoter is correct and up to date; (b) the Registered Member opens the Discount Offer coupon email; (c) the Registered Member only uses his or her tablet or mobile device safely in-store and correctly redeems the applicable Discount Offer (if any); and (d) the Registered Member is able to read and open the Discount Offer email and subsequent related emails (including the webpage containing the Discount Offer barcode) at the time the Registered Member wishes to access the Discount Offer during the relevant Redemption Period. The Registered Member acknowledges that no wi-fi or internet or mobile data access will be provided at the Coles Express Shell Service Station and that the Promoter makes no representation or claim in relation to any of the Registered Member's responsibilities set out in this clause and that the Registered Member's responsibilities are outside of the Promoter’s control.
  7. The Promoter reserves the right, at any time, to validate and check the authenticity of Discount Offer redemption claims and Registered Member's details (including a Registered Member's identity, age, place of residence and registration status). In the event that a Registered Member cannot provide suitable proof as required by the Promoter to validate their Discount Offer redemption claim, the Registered Member will forfeit the applicable Discount Offer in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible Discount Offer redemption claims, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to claim a Discount Offer. No responsibility will be taken for lost, late or misdirected Discount Offer emails or barcodes. 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 and / or repeatedly claim a Discount Offer or register for this Promotion is prohibited and may render all Discount Offer redemption claims submitted by that individual invalid.
  8. The Promoter reserves the right to disqualify Discount Offer redemption claims in the event of non-compliance with these Conditions. 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.
  9. Registered Members' personal information will be collected by the Promoter and will be stored in the Promoter's database to include Registered Members in the Promotion and provide Discount Offers where applicable. The Promoter may use this information for:
    1. Its own future marketing purposes regarding its products / services, including contacting the Registered Member electronically;
    2. Conducting the Promotion;
    3. Contacting the Registered Member in relation to the Promotion;
    4. Improving the Promoter or its related entities' goods and services; and
    5. The purposes set out in the Promoter's privacy policy, which is located at https://www.vivaenergy.com.au/contactus/privacy-policy. 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-us/privacy-policy. The aforementioned privacy policy contains information about how the Registered Member may access, update and seek correction of the personal information the Promoter holds about them and how the Registered Member may complain about any potential breach by the Promoter of the Australian Privacy Principles or any other Australian privacy laws and how such complaints will be dealt with. The Promoter obtains personal information about Registered Members to enable them to participate in this Promotion and may disclose the Registered Member's personal information to third parties including its contractors and agents, suppliers and service providers to assist in conducting this Promotion and to the State and Territory lottery departments as required under the relevant lottery legislation. If the Registered Member does not provide their personal information as requested, they may be ineligible to receive and redeem Discount Offers in the Promotion. Personal information collected from Registered Members will not be disclosed to any entity located outside of Australia. The Registered Member provides the consent set out in this paragraph until such time as they withdraw their consent by giving notice to the Promoter.
  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 willful 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).
  11. The Promoter accepts no responsibility for any tax implications and the Registered Member must seek their own independent financial advice in regards to the tax implications relating to each Discount Offer.
  12. All costs associated or arising in connection with participating in the Promotion and the Discount Offers are the responsibility of the Registered Members. Any costs associated with accessing the internet are the Registered Member's responsibility, and depend on the internet service provider used.
  13. The Promoter is not responsible for any technical malfunctions or problems with internet or network congestion, including injury or damage to a Registered Member or any other person’s device related to participation in this Promotion and problems with transmission of registrations and / or Discount Offer coupon emails or barcodes over the internet, acts in violation of these terms and conditions, acts in a disruptive manner, or acts with the intent to annoy, abuse, threaten or harass any other person.
  14. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.
  15. If the 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 Registered Member; or (b) subject to any written directions from any applicable regulatory authority, to modify, suspend, terminate or cancel the Promotion or a particular Discount Offer, as appropriate.