Great Aussie Road Trip Colour-in Comp - Terms and Conditions

1. Promotion Details

2. Promotion:
2.1    These terms and conditions (Terms and Conditions) govern the participation in the Promotion, promoted by the Promoter. By participating in this Promotion, individuals are deemed to have accepted these Terms and Conditions.

2.2    Any defined terms used in these Terms and Conditions have the meaning provided in these Terms and Conditions, including in the Promotion Details section. 
 

3. Promotional Period:
3.1    Entries into the Promotion will only be open during the Promotional Period.
 

4. Eligible Entrants
4.1    The Promotion is only open to 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 this Promotion. For the purpose of these Terms and Conditions, 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 first cousin.

4.3    The Promoter reserves the right, in its sole discretion acting reasonably, to determine whether the customer is an Eligible Entrant. An individual can only register as an Eligible Entrant and participate in this Promotion in their own name. Information regarding the collection of personal information and details of the Promoter's privacy policies are outlined in section 9 below.
 

5. How to enter
5.1    To enter, Eligible Entrants must complete the How to Enter Process during the Promotional Period, and comply with the Limits on Entry.  
 

6. Entry procedures
6.1    Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the Eligible Entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt. Each entry must be submitted separately and in accordance with the Limits on 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, subject to any legislative restrictions or written directions from a relevant regulatory authority, the Promoter is not liable for any consequences of user error including (without limitation) costs incurred and 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 Eligible Entrants (including an individual’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 any person that wishes to participate in the Promotion, the Promoter reserves the right, in its sole discretion, to determine the identity of such a person.

6.5    If the Eligible Entrant is required to make a purchase as part of the How to Enter Process, the Eligible Entrant must retain their original purchase receipt(s) for all entries as proof of purchase. Failure to produce the proof of purchase for all entries when requested may, in the absolute discretion of the Promoter, result in invalidation of ALL of an Eligible Entrants entries and forfeiture of any right to a Prize. Purchase receipt(s) must clearly specify the product(s) purchased, where the purchase was made, and that the purchase was made during the Promotional Period but prior to entry.

7. Winner Selection
7.1    Winner(s) will be selected on the Winner Selection Date in accordance with the Winner Selection Method. The judges may select additional reserve entries and record them in order in case an invalid entry or ineligible entrant is initially selected.

7.2    This Promotion is a game of skill and no chance will be used in the selection of any winner. The Promoter’s and the judge’s decisions as to the winning entries are final.

7.3    The winner/s will be notified by email within two (2) business days after the Winner Selection Date and their first name initial and surname, as well as their postcode or suburb (where available) will be published in accordance with any Winner Publication Details (where applicable).

7.4    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 notification, then their Prize will be deemed to be unclaimed.    For any unclaimed Prize/s, the prize will be awarded to the next best entry, as selected by the judges in accordance with the Winner Selection Method. Any such winner will be notified by email within two (2) business days.
 

8. The Prizes
8.1    The Prize/s, or any unused portion of a Prize, are not transferable or exchangeable and cannot be taken or redeemed as cash, unless otherwise specified by the Promoter. The winner/s cannot swap or choose their Prize.

8.2    If any Prize (or part of any Prize) is unavailable, the Promoter, in its sole 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.

8.3        Each Prize is subject to the standard terms and conditions of individual prize and service providers, including those specified with or on the prize and the Prize Special Conditions of the Promotional Details (if any). Any ancillary costs associated with redeeming any Prize are not included. If a Prize is a gift card or a voucher, any unused balance of the gift card or voucher will not be awarded as cash. 
 

9. Privacy
9.1    The Promoter collects personal information ("PI") in order to conduct the promotion and may, for this purpose, disclose such PI 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 PI. The Promoter will also use and handle PI as set out in its Privacy Policy, which can be viewed at https://www.vivaenergy.com.au/contact-us/privacy-policy. In addition to any use that may be outlined in the Promoter’s Privacy Policy, the Promoter may, for an indefinite period, unless otherwise advised, use the PI for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Eligible Entrant. The Privacy Policy also contains information about how entrants may opt out, access, update or correct their PI, how Eligible Entrants may complain about a breach of the Australian Privacy Principles or any other applicable law and how those complaints will be dealt with. All entries become the property of the Promoter. As part of its normal operations the Promoter may transfer personal information to Viva Energy companies, associated entities and third parties located in a range of countries in which the Promoter or its contractors operate. The main countries include the United Kingdom, the Netherlands, Malaysia, the Philippines, Japan and the United States of America.
 

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 and to the extent permitted by law, 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    The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter repeatedly is prohibited and will render all entries submitted by that entrant invalid.

10.5    Each entry must be the Eligible Entrant’s original work and must not include the intellectual property rights of any third party, including but not limited to any trademarks and copyrighted material, unless the entry is submitted with the written consent of the owner of the applicable intellectual property rights. Failure to comply with this clause, in the Promoter’s sole and absolute discretion, may result in the entry becoming invalid. By entering this Promotion Eligible Entrants: (i) consent to the Promoter using their entries and materials submitted in the Promotion in any manner it sees fit, including using, making copies of or publishing the whole or any part of their entry, to publicise the Promotion, the Promoter and/or the Promoter’s products and services, in any medium, for an indefinite period and on a royalty free basis; (ii) warrants that their entry is not in breach of any third-party intellectual property rights; and (iii) expressly waives their moral rights, as defined in the Copyright Act 1968 (Cth), and consent to the Promoter altering their entry in any manner and to the Promoter not attributing authorship of their entry to the Eligible Entrant. Any entries that are deemed to be inappropriate, pornographic, racially or otherwise abusive, as determined by the Promoter acting reasonably, may result in the entry becoming invalid.

10.6    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”).

10.7    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.

10.8    If the Promotion is conducted via a third party platform, such as Facebook, Instagram or TikTok (“Third Party Platform”): (a) the Promotion is not endorsed, sponsored or administered by the Third Party Platform; and (b) to the maximum extent permitted by law, the Third Party Platform is not responsible or liable for the administration, conduct or any other aspect of the Promotion.