Fuel Discount Promotion Terms and Conditions

Promotion:

‘Hog’s Breath Café App (Hog’s Prime Perks) 8c Fuel Discount Promotion’

Promotional Period:

Start Date: 12:00am AEDT on Wednesday, 15 March 2023

End Date: 11:59pm AEDT on Thursday 14 March 2024

Promoter:

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

Promotional Sites:

Shell Coles Express service stations, as specified at https://www.shell.com.au/motorists/fuel-finder.html.

Eligible claimants:

The Promotion is only open to individuals who:

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

(b)        have access on a compatible device to, and an active registered account on, the Hog’s Breath Café app (Hog’s Prime Perks App), available in the app store at https://apps.apple.com/au/app/hogs-prime-perks/id1547935357;

(c)        during the Promotional Period, have completed the registration process for the Promotion on the Hog’s Prime Perks App (including providing all required information such as first name, last name, email and postcode); and

(d)        as part of the registration process, have consented to receiving communications from the Promoter regarding offers, promotions, goods and services and other promotional materials,

(“Eligible Claimants”).

Information regarding the collection of personal information and details of the Promoter’s Privacy Policy are outlined in section 9 below.

Details of the Discount Offer

1. The fuel discount available through the Promotion is:

(a)        a one-time use, 8c per litre fuel discount for a single transaction, available to Eligible Claimants who receive the Redemption Email (described in section 6 below) and comply with these Terms; and

(b)        redeemable only at the Promotional Sites (as listed above) during the Promotional Period,

(“Discount Offer”).

The Discount Offer cannot be redeemed at any Shell service stations other than the Promotional Sites and must be redeemed before the end of the Promotional Period.

2. The Discount Offer is redeemable on all Shell fuels excluding LPG and Adblue.
3. The Discount Offer can be redeemed once by the Eligible Claimant during the Promotional Period, on a single transaction, for a minimum of 2 litres and maximum of 150 litres of fuel that has been filled into one vehicle.
4. The Discount Offer is not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions.
5. Eligible Claimants may be able to combine the Discount Offer with selected offers made by Coles Express at a Shell Coles Express that is a Promotional Site. These offers may include the “Coles Supermarkets Fuel Docket Discount” and the “spend $20 get 10 cents per litre fuel discount”, subject to the Coles Express terms and conditions available at www.coles.com.au/coles-express/terms-and-conditions.  The Discount Offer may not be combined with any other discount offers made by, or otherwise associated with, the Promoter, including discount offers made in conjunction with any marketing partner of the Promoter (“Non-stackable Promoter Offers”).  If an Eligible Claimant presents any Non-stackable Promoter Offer for redemption at the same time as the Discount Offer, only the highest cents per litre offer will be redeemed.  If the Discount Offer and all Non-stackable Promoter Offers have the same cents per litre discount value, then only the first offer presented will be redeemed.
6. Individuals can only register for the Promotion and become an Eligible Claimant (as outlined in the “Eligible claimants” section above) during the Promotional Period. An individual can only register as an Eligible Claimant and participate in the Promotion in their own name. Valid registrations will be deemed to be accepted at the time of receipt by the Promoter.
7. The Promoter accepts no responsibility 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 represent or warrant that the registration mechanism will be available at all times during the Promotional Period. To receive and redeem the Discount Offer, an Eligible Claimant must remain a registered member of the Promoter’s promotional database throughout the Promotional Period.
8. Individuals who successfully register to become an Eligible Claimant will be sent an email, to the email address provided on registration for the Promotion, containing the barcode to be used to claim the Discount Offer (“Redemption Email”). Eligible Claimants are responsible for registering their correct email address, for an account that is readily accessible by the Eligible Claimant. While the Promoter will use reasonable efforts to send the Redemption Email promptly after acceptance of registration, the Promoter gives no warranties regarding the time it will take to receive the Redemption Email after valid registration. Eligible Claimants should allow for some time between registration and receipt of the Redemption Email, including the potential for lost time due to technical difficulties.

How to claim the Discount Offer

9. To claim and redeem the Discount Offer, the Eligible Claimant must, prior to the end of the Promotional Period:

(a)        visit a Promotional Site and purchase Shell fuel (other than LPG or Adblue) to fuel their vehicle;

(b)        at the time of purchasing the Shell fuel in-store at the Promotional Site, bring up the barcode which appears in the Redemption Email they received after registration; and

(c)        scan the barcode by using the customer facing barcode reading device in-store at the Promotional Site.

The Discount Offer will automatically be applied to the purchase upon successful completion of steps (a), (b) and (c) above.

General Conditions

8. The Eligible Claimant agrees and acknowledges that they have read and understood all sections of this document entitled “Fuel Discount Promotion Terms and Conditions” (“Terms”). Any individual who claims the Discount Offer is deemed to have accepted these Terms.
9. On registration for the Promotion, an Eligible Claimant’s personal information will be collected by the Promoter and stored on the Promoter’s database. The Promoter obtains personal information about an Eligible Claimant to enable them to participate in the Promotion. Any failure by an individual to complete all the mandatory fields when 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 PrivacyAct 1988 (Cth) and its privacy policy which is located at www.vivaenergy.com.au/contact-us/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 Claimant has provided consent to receiving offers and promotions from the Promoter, the Promoter may use information the Eligible Claimant provides for its own future marketing purposes regarding its products/services, including contacting the Eligible Claimant electronically about other future special offers.
10. Discount Offers must be claimed during the Promotional Period, which commences on the Start Date and finishes on the End Date as set out in the “Promotional Period” section at the start of these Terms. A claim is deemed to be made at the time the scan of the barcode from the Redemption Email is processed by the in-store barcode reading device. Records of the Promoter and its agencies are final and conclusive as to the time a claim is made.
11. A Discount Offer claim properly made at a Promotional Site within the Promotional Period will be honoured by the Promoter, subject to the individual retailer at the Promotional Site 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. A Discount Offer may not be redeemable if the Eligible Claimant doesn’t have an internet connection on their chosen device. The recommended device for redemption is an internet enabled smartphone.
12. The Discount Offer is not exchangeable or transferable or redeemable for cash. All costs associated with redeeming the Discount Offer is the responsibility of the Eligible Claimant.
13. Nothing in these Terms 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 similar consumer protection laws that apply in the States and Territories of Australia that cannot by law be limited, excluded or modified.
14. 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 registrations or claims, or suspend or modify the Discount Offer in the Promotion.
15. The Eligible Claimant is responsible for ensuring that:

(a)        contact details (including email address) used to register for the Promotion are correct and up to date;

(b)        any tablet or mobile device used in claiming the Discount Offer is only used safely in-store and that the Discount Offer is correctly claimed; and

(c)        the Redemption Email is able to be opened in-store and the barcode from the Redemption Email is presented in a way that it can be read by the in-store barcode reading device.

The Eligible Claimant acknowledges that no wi-fi or internet or mobile data access will be provided at the Promotional Site and that the Promotor makes no representation or claim in relation to any of the Eligible Claimant’s responsibilities set out in this section and that the Eligible Claimant’s responsibilities are outside of the Promoter’s control. The Eligible Claimant is solely responsible for having the relevant equipment and services to satisfy the conditions for claiming the Discount Offer (including, without limitation, those needed to access the registration page, receive the Redemption Email, be able to access the Redemption Email in-store on a device such as smartphone and a valid internet service to their device).

16. The Promoter reserves the right, at any time, to validate and check the authenticity of claims made and an Eligible Claimant’s details (including an Eligible 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 Eligible Claimant. In the event that an Eligible Claimant cannot provide suitable proof as required by the Promoter to validate their claim for the Discount Offer, the Eligible Claimant will forfeit the Discount Offer in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible registrations for the Promotion, as applicable, will at the Promoter’s discretion be deemed invalid and not eligible for 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 during the Promotional Period. The use of any automated registration or claim software or any other mechanical or electronic means that allows an individual to automatically register or make a claim repeatedly is prohibited and will render all claims submitted by that individual invalid.
17. The Promoter reserves the right to disqualify claims in the event of non-compliance with these Terms. In the event that there is a dispute concerning the conduct of the Promotion, the decision of the Promoter is final and binding and no correspondence will be entered into.
18. 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).
19. The Promoter accepts no responsibility for any tax implications and an Eligible Claimant must seek their own independent financial advice in regards to the tax implications relating to the Discount Offer.
20. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.