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Customer Survey Promotion Terms and Conditions 2019

Caltex Voice of Customer Dec 2018 - Nov 2019 Terms & Conditions ("Conditions of Entry")

Promotion: Caltex Voice of Customer Dec 2018 - Nov 2019

Promoter: Caltex Australia Petroleum Pty Ltd ABN 17 000 032 128, Level 24, 2 Market Street, Sydney, NSW 2000, Australia. Ph: 1800 240 398

Promotional Period:
Start date: 05/12/18 at 12:01 am
End date: 30/11/19 at 11:59 pm

Conditions of Entry are in AEST/AEDT, as applicable in Victoria (unless otherwise specified).  

Entry Periods:

Entry Period

Entries Open

Entries Close

1

05/12/18 at 12:01 am

31/12/18 at 11:59 pm

2

01/01/19 at 12:00 am

31/01/19 at 11:59 pm

3

01/02/19 at 12:00 am

28/02/19 at 11:59 pm

4

01/03/19 at 12:00 am

31/03/19 at 11:59 pm

5

01/04/19 at 12:00 am

30/04/19 at 11:59 pm

6

01/05/19 at 12:00 am

31/05/19 at 11:59 pm

7

01/06/19 at 12:00 am

30/06/19 at 11:59 pm

8

01/07/19 at 12:00 am

31/07/19 at 11:59 pm

9

01/08/19 at 12:00 am

31/08/19 at 11:59 pm

10

01/09/19 at 12:00 am

30/09/19 at 11:59 pm

11

01/10/19 at 12:00 am

31/10/19 at 11:59 pm

12

01/11/19 at 12:00 am

30/11/19 at 11:59 pm

Eligible Entrants:  Entry is only open to Australian residents aged 16 years or over. Individuals aged between 16 and up to 18 years must have parental/guardian approval to enter, and any such parent/guardian must produce written consent to the minor entering the promotion, if requested by the Promoter.

Employees (and the immediate family members) of the Participating Caltex Stores, agencies/companies directly associated with the conduct of this Promotion, the Promoter, its distributors, suppliers, subsidiary companies/businesses and associated companies and agencies are not eligible to enter. "Immediate family member" 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.

Participating Caltex Stores: All Caltex service stations and stores within Australia which display advertising for this Promotion.

How to Enter:  To enter, individuals must, during the Promotional Period, visit a Participating Caltex Store and either:

a.  Entry Options 1 - Purchase + Online Survey: If they have purchased any fuel and/or shop product(s) at a Participating Caltex Store, during the Promotional Period (excluding tobacco products, gift cards, fuel and recharge cardsOR (“Qualifying Transaction”), they must retain their purchase receipt and then visit tell.caltex.com.au, follow the prompts to the entry page, complete the featured survey by answering all of the questions, select that they have completed a Qualifying Transaction, input all of the requested personal details and the purchase receipt number for their Qualifying Transaction, select their unique Participating Caltex Store ID and submit the fully completed entry form;

b. Entry Option 2 – Online Survey Only: If they have not completed a Qualifying Transaction, visit tell.caltex.com.au, follow the prompts to the entry page, select that they have not made a Qualifying Transaction, complete the featured survey by answering all of the questions, input all of the requested personal details and submit the fully completed entry form. Individuals who enter via this option agree that they may receive a follow up.

Proof of purchase: The entrant who completes Option 1 must retain proof of purchase. The proof of purchase required is an original receipt for the Qualifying Purchase.

The entrant must fill out the online entry form for every entry.

Entries Permitted:  Multiple entries permitted subject to the following:

a. maximum of three (3) entries permitted per person for each Entry Period (one (1) entry permitted per Entry Option completed)

b. each entry must be completed in accordance with the entry instructions above; and

the entrant is eligible to win a maximum of one (1) prize (excludes SA residents). 

Total Prize Pool: AUD $24,000.00

Prize Description

Number of this prize

Value (per prize)

Winning Method

Major Prize: The prize is $1,000.00 Caltex StarCash Digital Card

 

12

(1 prize per draw)

AUD$1,000.00

Monthly Draw: computerised random selection - from 07/01/19 to 03/12/19 at 02:30 pm AEST/AEDT, as applicable in VIC.

Minor Prize: The prize is $50.00 Caltex StarCash Digital Card

 

240

(20 prizes per draw

AUD$50.00

Monthly Draw: computerised random selection - from 07/01/19 to 03/12/19 at 02:30 pm AEST/AEDT, as applicable in VIC.

Prize Conditions:

Each Caltex StarCash Digital Card will be emailed to the winners, to the email address specified on entry.

Caltex StarCash Digital Card can be used to buy fuel as well as a whole array of convenience goods at over 1,200 locations across Australia. To check for a participating site, visit the Caltex site locator on caltex.com.au and use the ‘StarCash Digital’ filter within ‘Services’. Caltex StarCash Digital Card is valid for 3 years from date of issue. Any balance that remains after expiry will not be available for use. Caltex will not replace expired Caltex StarCash Digital Card. If Caltex StarCash Digital Card is lost or stolen, the Customer must immediately notify Caltex on 1300 365 096. No cash out facilities are available with Caltex StarCash Digital Card and it is not redeemable for cash. The Caltex StarCash Digital Card can be used to purchase (or part pay in conjunction with cash or by credit card) selected goods or services available at these outlets. Caltex StarCash Digital Card cannot be used to purchase gift cards, prepaid or post-paid phone or internet vouchers, transport tickets, mobile phones and accessories, tolls payments, or lottery tickets.

Any ancillary costs associated with redeeming Caltex StarCash Digital Card are not included. Any unused balance of the Caltex StarCash Digital Card will not be awarded as cash. Redemption of Caltex StarCash Digital Card is subject to any terms and conditions of the issuer.

The winners will be contacted by email within two (2) business days of the draw. Provisional winners’ names will be announced online at tell.caltex.com.au on the same date as the draw.Winner notification:

Unclaimed Prizes: Prizes must be claimed by 03/03/20 at 02:30 pm AEST. In the event of an unclaimed prize, the prize will be redrawn on 03/03/20 at 03:00 pm AEST at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000. The provisional winners of the redraw will be notified by email within two (2) business days of the redraw. The winners will be notified publicly (and their details published) at tell.caltex.com.au by 04/03/20.

1. The entrant agrees and acknowledges that they have read these Conditions of Entry (including Schedule) and that entry into the Promotion is deemed to be acceptance of these Conditions of Entry (including Schedule). Any capitalised terms used in these Conditions of Entry have the meaning given in the Schedule, unless stated otherwise.

2. The Promotion commences on 05/12/18 at 12:01 am and ends on 30/11/19 at 11:59 pm ("Promotional Period"). Entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission or deposit by the entrant. Records of the Promoter and its agencies are final and conclusive as to the time of receipt.

3. Valid and eligible entries will be accepted during the Promotional Period.

4. If a prize is won by a person under the age of 18, the prize may be awarded to the winner's parent or guardian and where applicable to the prize a nominated parent/guardian must accompany any person under 18 years of age.

5. Monthly Draws:

a) The draws will take place at Plexus, Level 4, 411 Collins Street, Melbourne VIC 3000 at 02:30 pm on the dates specified below by computerised random selection. Non-winning entries in each Monthly Draw will be entered into any subsequent Monthly Draws.    

Monthly Draw

Entries Open

Entries Close

Draw Date

1

05/12/18 at 12:01 am

31/12/18 at 11:59 pm

07/01/19

2

01/01/19 at 12:00 am

31/01/19 at 11:59 pm

07/02/19

3

01/02/19 at 12:00 am

28/02/19 at 11:59 pm

07/03/19

4

01/03/19 at 12:00 am

31/03/19 at 11:59 pm

08/04/19

5

01/04/19 at 12:00 am

30/04/19 at 11:59 pm

07/05/19

6

01/05/19 at 12:00 am

31/05/19 at 11:59 pm

07/06/19

7

01/06/19 at 12:00 am

30/06/19 at 11:59 pm

08/07/19

8

01/07/19 at 12:00 am

31/07/19 at 11:59 pm

07/08/19

9

01/08/19 at 12:00 am

31/08/19 at 11:59 pm

09/09/19

10

01/09/19 at 12:00 am

30/09/19 at 11:59 pm

08/10/19

11

01/10/19 at 12:00 am

31/10/19 at 11:59 pm

07/11/19

12

01/11/19 at 12:00 am

30/11/19 at 11:59 pm

03/12/19

i) The first valid entry drawn in each Monthly Draw will win the Major Prize.

ii) The next twenty (20) valid entries drawn in each Monthly Draw will win a Minor Prize.

iii)The Promoter may draw reserve winners in case of ineligible or invalid entries.

b) If a draw is scheduled on the weekend or a public holiday, the draw will be conducted at the same time and location on the following business   

6. All reasonable attempts will be made to contact each winner.

7. If any winner chooses not to take their prize (or is unable to), or does not take or claim a prize by the time specified by the Promoter, or is unavailable, they forfeit the prize and the Promoter is not obliged to substitute the prize.

8. Where entry is allowed by purchase or subscription, the cost of the product or service is no greater than the cost would be without the opportunity to participate in the Promotion.

9. Entrants who complete Option 1 must keep their proof of purchase specified in How to Enter for each entry as proof of purchase ("Proof of Purchase"). If an entrant fails to produce the Proof of Purchase for a specific entry or each entry, as and when requested by the Promoter, the Promoter has the right to invalidate the entrant's respective entry/entries for which Proof of Purchase cannot be provided and/or all entries submitted by that entrant and/or forfeit the entrant's right to a prize. Purchase receipt(s) must clearly specify: (a) the unique ID of the Participating Caltex Store of purchase; (b) the required product/s or service/s to be purchased for entry; and (c) that the purchase was made during the Promotional Period and prior to entry. 

10. No part of a prize is exchangeable, redeemable for cash or any other prize or transferable, unless otherwise specified in writing by the Promoter.

11. If a prize (or portion of a prize) is unavailable the Promoter reserves the right to substitute the prize (or that portion of the prize) to a prize of equal or greater value and/or specification, subject to any written directions of a regulatory authority.

12. No entry fee is charged by the Promoter to enter the Promotion. Where entry is allowed online, there is no additional cost to enter the Promotion other than any cost paid by the entrant to access the website or social media platform of entry via their Internet service provider.

13. Each prize will be awarded to the person named in the entry and any entry that is made on behalf of an entrant or by a third party will be invalid. If there is a dispute as to the identity of an entrant or winner, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant or winner.

14. The Promoter may transfer entrants' personal information overseas, including to countries specified in the Promoter’s privacy policy.Entrants' personal information will be collected by the Promoter. Personal information will be stored on the Promoter's database. The Promoter may use this information for future marketing purposes regarding its products, including contacting the entrant electronically. 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 www.caltex.com.au/privacy-and-reporting-policy. The Promoter's privacy policy contains information about how the entrant may access, update and seek correction of the personal information the Promoter holds about them and how the entrant 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 collects personal information about entrants to enable them to participate in this Promotion and may disclose the entrants' personal information to third parties including its contractors and agents, prize 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 entrant does not provide their personal information as requested, they may be ineligible to enter or claim a prize in the Promotion.

15. For the purposes of public statements and advertisements, the Promoter may only publish the winner's surname, initial and State/Territory or postcode of residence.

16. It is a condition of accepting the prize that a winner  (or their parent or legal guardian if under the age of 18) may be required to sign a legal release as determined by the Promoter in its absolute discretion, prior to receiving a prize. If a winner  is under the age of 18, a nominated parent or legal guardian of the winner  will be required to sign the legal release on the winner's behalf.

17. If a prize is provided to the Promoter by a third party, the prize is subject to the terms and conditions of the third party prize supplier and the provision of the prize is the sole responsibility of the third party and not the Promoter. The terms and conditions which apply to the prize at the time it is issued to the winner will prevail over these Conditions of Entry, to the extent of any inconsistency. The Promoter accepts no responsibility or liability for any delay or failure by the third party to deliver the prize, any delay or failure relating to the prize itself or failure by the third party to meet any of its obligations in these Conditions of Entry or otherwise.

18. Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Conditions of Entry 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).

19. 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 entries, or suspend or modify a prize, subject to State or Territory regulation.

20. The Promoter reserves the right, at any time, to validate and check the authenticity of entries and entrant's details (including an entrant's identity, age and place of residence). In the event that a winner cannot provide suitable proof as required by the Promoter to validate their entry, the winner will forfeit the prize in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to win. Entries containing offensive or defamatory comments, or which breach any law or infringe any third party rights, including intellectual property rights, are not eligible to win. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid.

21. All material submitted on entry (e.g. survey answer(s)) must NOT: (a) be in breach of any laws, regulations and rights, e.g. any laws regarding intellectual property (copyright, trademarks, etc), defamation and privacy; (b) be defamatory, obscene, derogatory, pornographic, sexually inappropriate, contain nudity, aggressive, violent, abusive, harassing, threatening, objectionable or discriminate/vilify any section of the community with respect to race, ethnicity, nationality, religion, origin, sexual preference, mental illness, disability or gender or unsuitable for publication; or (c) contain viruses. Entrants warrant that they own or have the right to license the copyright in any entry submitted by them into this Promotion, for the purposes of this Promotion, that no rights have been granted to any third party in respect of any such entry which would prevent the entry being used as contemplated by this Promotion, and that the use by the Promoter of any such entry will not breach any laws or infringe the rights of any person (including without limitation with respect to privacy, intellectual property and defamation). Entrants must obtain prior consent from any person or from the owner(s) of any property that appears in their entry. By entering, all entrants license and grant the Promoter, its affiliates and sub-licensees an exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their entry (including any portion of their entry) for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability. Entrants further agree, upon request by the Promoter, to assign all of their rights, title and interest (including copyright) in and to their entry to the Promoter and to sign any legal documentation to confirm such assignment. Entrants agree that their entry is their original work and does not infringe the rights of third parties, or that they have obtained full prior consent from any person who has jointly created or has any rights in the aforementioned material. Entrants consent to any use of their entry that may otherwise infringe their moral rights. Entrants are responsible for all entries they submit on entry. The Promoter will not be liable for any entries, to the extent permitted by law. The Promoter reserves the right to remove, request removal or decline to publish any entry or portion of an entry for any reason whatsoever, including if in breach of these Terms and Conditions. The Promoter will have no liability to entrants if it exercises this right and entrants must comply with any request made by the Promoter pursuant to this paragraph.The entrant warrants and represents that any material sent or provided by the entrant to the Promoter will not infringe any copyright, trademarks or other intellectual property rights of any third party (including moral rights) and that the entrant has all rights to use the materials and has obtained all necessary consents to comply with any relevant privacy and/or confidentiality requirements. Entrants agree to indemnify the Promoter for any breach of the Terms and Conditions including this clause.

22. The Promoter reserves the right to disqualify entries in the event of non-compliance with these Conditions of Entry. 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 entrant and no correspondence will be entered into.

23. 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 wilful misconduct) in connection with this Promotion or accepting or using any prize (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).

24. The entrant 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.

25.The Promoter accepts no responsibility for any tax implications and the entrant must seek their own independent financial advice in regards to the tax implications relating to the prize or acceptance of the prize.

26. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of these rights.

27.Authorised under: ACT Permit No. TP 18/02058, NSW Permit No. LTPS/18/29051 and SA Permit No. T18/1869