(Version 23 December 2021)

AFL Fuel Discount Offer Terms and Conditions

The AFL Fuel Discount Offer promotion
1.    This promotion is offered to you by Australian Football League (ACN 004 155 211) 140 Harbour Esplanade, Docklands, Victoria, 3008, Australia Ph: (03) 9643 1999 (“AFL”) through its affiliation with Viva Energy Australia Pty Ltd (ABN 46 004 610 459) Level 16/720 Bourke Street, Docklands VIC 3008, Australia, Ph: (03) 8823 4444 (“Viva Energy”).
2.    This document (“Terms and Conditions”) sets out the terms and conditions of this promotion.  If you register for this promotion, or take any steps to claim, redeem or use the Offer that is part of this promotion, then you are deemed to have accepted these Terms and Conditions.  You should carefully read, and make sure you understand, these Terms and Conditions before you participate in any way in this promotion.  If you do not agree to these Terms and Conditions, you should not take any steps to participate in this promotion.
Time period for which the promotion runs
3.    The term of this promotion is from 28 February 2022 at 12:00AM AEDT to 31 October 2022 at 11:59PM AEDT, unless withdrawn earlier by Viva Energy, Shell Coles Express or AFL (“Offer Period”). The AFL will notify Eligible Claimants who have registered for this promotion if this promotion is going to be withdrawn, and therefore the Offer Period is going to end, before [31 October 2022] by providing prior notice on its AFL Live App or through an email to the registered email address of those Eligible Claimants.
Who is eligible to claim the Offer
4.    To be eligible to receive the Offer, an individual must:
(i)    be at least 18 years old; 
(ii)    agree to these Terms and Conditions; 
(iii)    have downloaded, and continue to have access on their chosen device to, the AFL Live App; 
(iv)    properly register for participation in the promotion during the Offer Period, including by providing accurate details of the individual’s first name, last name, email address, mobile number, date of birth, postcode and preferred AFL team;
(v)    consent to the sharing of their personal information provided in connection with the promotion and the Offer between Viva Energy and AFL, including information provided during the registration process, a fuel discount offer membership number and fuel transaction data generated by the use of the Offer;  
(vi)    consent to receive marketing material, offers and promotions from Viva Energy with respect to Viva Energy, the Shell brand and its goods and services including those of Viva Energy’s partners (such as Coles Express); and 
(vii)    comply with the redemption steps in these Terms and Conditions to claim the Offer during the Offer Period, 
(“Eligible Claimant”). Viva Energy reserves the right, in its sole discretion, to determine whether you are an Eligible Claimant. An individual can only register as an Eligible Claimant and participate in this promotion in their own name.  Information regarding the collection of personal information and details of the AFL’s and Viva Energy’s privacy policies are outlined in section 15 below.
Details of the Offer made under the promotion
5.    This promotion consists of an ongoing 4 cent per litre fuel discount which will be made available to certain individuals, as determined by the AFL and Viva Energy, on the terms set out in these Terms and Conditions (“Offer”), subject to those individuals being or becoming Eligible Claimants (as explained in paragraph 4 above) and otherwise complying with these Terms and Conditions.
6.    The Offer can be redeemed at Shell Coles Express service stations and other participating Shell branded services stations, as specified at https://www.shell.com.au/motorists/fuel-finder.html under the category filter “Participates in Viva Energy promotions”.
7.    When redeemed at Shell Coles Express service stations, the Offer may be used in conjunction with selected offers made by Coles Express at the service station. This may include the Coles Supermarket fuel dockets and “Spend $20 get 10 cents per litre fuel discount” – subject to their terms and conditions available at https://www.coles.com.au/coles-express/terms-and-conditions.
Offer exclusions, conditions and variations
8.    The Offer is subject to the following exclusions, conditions and variations:
(a)    The Offer cannot be used in conjunction with any other offer made in whole or part by Viva Energy. If you present any other Viva Energy funded fuel discount offer for redemption from any other party (e.g. flybuys or Shell Racing Team app) at the same time as the Offer, only the highest cents per litre fuel discount offer will be redeemable. If all the Viva Energy funded fuel discount offers have the same cents per litre discount value, then only the first fuel discount offer presented will be redeemed. 
(b)    The Offer does not apply to LPG or Adblue products in any State or Territory. However such product exclusions may vary from time to time at Viva Energy’s discretion.  Information about the product exclusions applying from time to time will be set out in the AFL Live App or the AFL website and we suggest you confirm the Offer details on the AFL Live App prior to your trip to a Shell service station to redeem the Offer.
(c)    The amount of the fuel discount provided under the Offer may also be changed from time to time at Viva Energy’s discretion. The applicable amount of the fuel discount will be set out in the AFL Live App or AFL website and we suggest you confirm the Offer details on the AFL Live App prior to your trip to a Shell service station to redeem the Offer.
(d)    The Offer is not exchangeable or transferable or redeemable for cash. The Offer not valid for Fleet Card, Shell Card, Motorpass or Motorcharge transactions.
(e)    The Offer is only available on a single transaction of a minimum of 2 litres and a maximum of 150 litres of Shell fuels (excluding LPG and Adblue and any other excluded products, as referred to in subparagraph (b) above) that has been filled into one vehicle.
9.    Eligible Claimants who have registered for the Offer, will be sent an email (to their registered email address) regarding changes to the Offer, including changes to product exclusions and the amount of the fuel discount provided.
Details on how to redeem the Offer
10.    To redeem the Offer, you must comply with the following redemption steps during the Offer Period:
(i)    you must be an Eligible Claimant;
(ii)    you must be an active AFL Live App user;
(iii)    open the AFL Live App , navigate to the fuel discount offer via the promotional tile or menu item and follow the instructions to reveal the discount barcode (see details of the discount barcode in paragraph 14 below);
(iv)    visit any Shell Coles Express or participating Shell branded service station in Australia (see details of participating Shell service stations in paragraph 6 above) and fill up your vehicle with a minimum of 2 litres, but no more than 150 litres, of any Shell fuel (excluding LPG and AdBlue and/or any other excluded product, as referred to in paragraph 8(b) above); 
(v)    enter the Shell branded service station store, and whilst in-store:
(A)    have a smartphone or tablet screen with internet connection and access to the Offer on the AFL Live App; and 
(B)    navigate to your Offer discount barcode in the AFL Live App and present the discount barcode (on your smartphone or tablet screen) under the customer facing barcode reader when ready to pay for the fuel; and
(vi)    subject to the terms of these Terms and Conditions, the discount will be automatically applied to the fuel price, following which you must pay the discounted price for the fuel.
11.    Each Shell branded service station reserves the right to refuse processing the discount barcode on the basis of irresponsible mobile or other device use, or any dangerous or potentially unsafe or illegal behaviour, by you in or around the Shell branded service station premises or failure by you to comply with the redemption steps.
12.    You acknowledge that:
(i)    you are solely responsible for ensuring that: 
(A)    your contact details (including your registered email address) are correct and up to date;
(B)    if you use your tablet or smartphone to redeem the Offer, you only use that device safely in-store at Shell branded service stations and correctly redeem the discount; and
(C)    you are able to read and open the discount barcode on the AFL Live App at the time you wish to use the discount barcode;
(ii)    no WI-FI or internet or mobile data access will be provided at the Shell branded service station; 
(iii)    Viva Energy, Shell Coles Express and AFL make no representation or claim in relation to any of the responsibilities set out in this clause 12 and that such responsibilities are outside of Viva Energy, Shell Coles Express or AFL’s control; and
(iv)    you are solely responsible for having the relevant equipment and services to access the Offer via mobile app in-store on a device such as smartphone and valid internet service to your device.
13.    The AFL, Viva Energy and Coles Express do not warrant that the redemption mechanisms (including, without limitation, the registration portal, the technology for barcode generation, delivery and access and the in-store barcode reader) will be available at all times during the Offer Period and there may be time periods during which use of discount barcodes and redemption of the Offer is unavailable.  The AFL and Viva Energy will try and provide reasonable notice of any known technology outages that may impact redemption of the Offer.  It is the responsibility of each Eligible Claimant to ensure their contact details (including email address) are correct and up to date at all times.
Availability of the discount barcode used to claim the Offer
14.    The Offer is claimed through the use of a unique, single use discount barcode which is accessible via the AFL Live App.  Each discount barcode may be used only during the Offer Period and will expire once it has been used.  To obtain a new discount barcode, Eligible Claimants must open the AFL Live App, select the fuel discount promotional tile or menu item and follow the instructions to reveal a new discount barcode. New discount barcodes are not refreshed instantaneously upon redemption or expiry of the previous discount barcode.  New discount barcodes may be made available approximately one day after the use or expiration of a discount barcode, and no earlier than 9am the following day. 
General terms, privacy and limitation of liability
15.    On registration for the Offer, an Eligible Claimant’s personal information will be collected through the registration form in the AFL App, stored on the AFL’s database and shared with Viva Energy.  On redemption of the Offer, fuel transaction data regarding the Eligible Claimant will be collected by Eureka Operations Pty Ltd (ACN 104 811 216) (trading as Coles Express) and participating Shell banded service station operators and shared with Viva Energy and the AFL.  The AFL, Coles Express and Viva Energy obtain personal information about Eligible Claimants to enable them to operate this promotion and the Offer and so Eligible Claimants can participate in this promotion.  Any failure by an individual to complete all the mandatory fields when registering, will prevent them from being able to participate in this promotion.  The AFL, Coles Express and Viva Energy are bound by the Australian Privacy Principles in accordance with the Privacy Act 1988 (Cth) and their privacy policies (located at: for the AFL, https://www.afl.com.au/privacy; for Viva Energy, www.vivaenergy.com.au/contact-us/privacy-policy and for Coles Express, https://www.coles.com.au/privacy#coles-group). The privacy policies contain information about how a person may seek access to and correction of their personal information and how to make complaints.  They also contain information about how a person can request their personal information not be used for direct marketing purposes and details of other organisations to whom personal information is usually disclosed. If the Eligible Claimant has provided consent to receiving offers and promotions from Viva Energy, Viva Energy 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.
16.    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, regulatory constraints or any cause beyond the control of Viva Energy, Shell Coles Express, the Shell branded stations or AFL, any of these entities may in their sole discretion cancel, terminate, modify, or suspend this promotion and/or any element of the Offer (including but not limited to the discount rate) and invalidate any affected registrations or claims. 
17.    Viva Energy and AFL reserves the right to disqualify you from this Offer in the event of non-compliance with these Terms and Conditions. 
18.    In the event that there is a dispute concerning the conduct of the Offer, the decision of Viva Energy or AFL is final and binding on you and no correspondence will be entered into.
19.    Any guarantee or warranty given is in addition to any relevant statutory guarantees and warranties and nothing in these Terms and Conditions 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). 
20.    Viva Energy, AFL and Shell Coles Express and their 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 any element of the Offer or any acceptance or use of the Offer, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law).
21.    You agree and acknowledge that your sole and exclusive remedy for any problems or dissatisfaction with this promotion and the Offer is to cease participation in this promotion, except where otherwise provided by law. 
22.    This promotion is to be used by an Eligible Claimant only and must not be distributed or shared by any means. If you distribute or share your discount barcode in breach of this provision:
(1)    Viva Energy or AFL may immediately terminate your access to the Offer; 
(2)    neither Viva Energy or AFL is required to honour the Offer to you or any other person who attempts to use your discount barcode; and
(3)    you will be liable for all loss or damage incurred by any person caused or contributed to by this breach.  
23.    Failure by the AFL, Viva Energy or Coles Express to enforce any of their rights under these Terms and Conditions at any stage does not constitute a waiver of these rights
24.    The AFL or Viva Energy may amend or vary these Terms and Conditions from time to time during the Offer Period.  The current version of these Terms and Conditions will be available on the AFL Live App during the Offer Period and Eligible Claimants who have registered for the Offer will be sent an email (to their registered email address) regarding any changes to these Terms and Conditions.  Any new or amended Terms and Conditions will apply from the date they are posted on the AFL Live App.  You should check for any updated Terms and Conditions on the AFL Live App (with the date shown at the top of the Terms and Conditions indicating the currency of those Terms and Conditions). 
25.    The governing law and jurisdiction of these Terms and Conditions is Victoria, Australia.