1              Application

1.1          These terms and conditions (‘Terms’) apply to the 2024 Totalspan Totalspan West Coast “AgFest – Win a Utility Shed” Competition (‘Competition’).

1.2          The organiser of the Competition is Steel Built West Coast Limited (trading as Totalspan West Coast) (‘Totalspan West Coast’).

1.3          By taking part in the Competition, you agree that you have read and understood, and agree to be bound by, these Terms.

2              Eligibility and method of entry

2.1          To be eligible for entrance in the Competition, you must:

a        make an enquiry with Totalspan West Coast at the 2024 AgFest West Coast event being held at the Greymouth Aerodrome on 12 and 13 April 2024 (‘Event’);

b        have filled out an enquiry form (providing your name and contact details) provided by Totalspan West Coast at the Event;

c        be aged 18 years or older at the time of entry; and

d        not be an employee, contractor, or otherwise engaged by Totalspan West Coast, Spanbild New Zealand Limited, or any Totalspan franchisee (or be an immediate family member of any such person) at the time of drawing the winner.

2.2          Each eligible entrant will only be entitled to one entry into the Competition.

3              Draw of Prize

3.1          The first entry drawn by Totalspan West Coast in accordance with clause 3.2 that meet the eligibility criteria described in clause 2, will be the winner of the Competition (‘Winner’).

3.2          Within 14 days of the Event, Totalspan West Coast will randomly select the Winner through use of a third-party random generator available online at www.random.org or such alternative random selection method as may be determined by T (and the parties agree that each entry will have an equal chance of being drawn).

3.3          The prize consists of one 3m x 3m Totalspan utility shed, having a recommended retail price of $3,300 inclusive of GST, supplied as a kitset (‘Prize’). The exact specifications of the Prize shall be at the discretion of Totalspan West Coast. The Prize shall be supplied as a kitset, delivered to Totalspan West Coast’s nearest freight year, and council consent costs, construction of the building, and any costs associated with the construction of the Prize are excluded. The Winner will be responsible for delivery from the relevant freight yard to the Winner’s property, site preparation, foundations, constructing the kitset, obtaining any necessary council consents, and for ensuring that the constructed kitset building complies with applicable legislative requirements including the Resource Management Act 1991, the Electricity Act 1992, and the Health and Safety at Work Act 2015.

3.4          The Prize:

a        is not transferrable;

b        cannot be redeemed for cash; and

c        cannot be exchanged for another item.

4              Notification and delivery

4.1          Totalspan West Coast will notify the Winner via the contact details provided by the Winner in the enquiry form submitted by the Winner in accordance with clause 2.1b.

4.2          If Totalspan West Coast is not able to make contact with the Winner within 14 days of the Winner being selected, Totalspan West Coast reserves the right, at its discretion, to:

a        attempt to contact the relevant Winner again;

b        select a new winner in the manner contemplated by clause 3.2; or

c        retain the Prize and take no further action.

4.3          Totalspan West Coast will not be liable for any failure or inability on the part of the Winner to claim or receive the Prize.

5             Decisions

5.1          The decisions of Totalspan West Coast regarding all aspects of the Competition, including decisions regarding the eligibility of entries, the conduct of the Competition, the interpretation of these Terms, and the allocation of the Prize are final and not subject to challenge.

5.2          To the maximum extent permitted by law:

a        no decision of Totalspan West Coast in connection with the Competition, may be challenged on any grounds, including due to any alleged or actual failure of Totalspan West Coast to act reasonably, in good faith, or fairly;

b        the decisions of Totalspan West Coast will remain binding and final even if those decisions are challenged on any ground, including in connection with any factual error or any allegation that such decisions are based on unreasonable, irrational, or irrelevant considerations.

6              Cancellation, changes, or substitution

6.1          To the extent permitted by law, Totalspan West Coast, may, at any time:

a        substitute the Prize, or any part thereof, with another item of equal or greater value;

b        cancel the award of the Prize;

c        supplement or change any conditions of eligibility contemplated by clause 2;

d        consider or not consider late entries to the Competition; and

e        waive any irregularity or informality of any entry to the Competition.

7              Breach of terms

7.1          Totalspan West Coast may disqualify your entry into the Competition, or withhold delivery of the Prize to you, if Totalspan West Coast believes that you have breached any of these Terms. 

8              Privacy

8.1          Personal information that you provide to Totalspan West Coast (and/or any Totalspan franchisee or branch) in connection with the Competition and the Prize may be used, held, and disclosed by Totalspan West Coast and/or Spanbild New Zealand Limited:

a        for the purpose of conducting the Competition;

b        to facilitate market research, including to develop new products, services, strategies, and policies; and

c        otherwise in accordance with the Totalspan privacy policy (available at https://www.totalspan.co.nz/about-totalspan/privacy-statement/), as may be amended from time to time.

9            Governing law and jurisdiction

9.1        The Competition and these Terms will be governed by New Zealand law and the courts of New Zealand will have the exclusive jurisdiction to hear and determine all claims arising in connection with the Competition or these Terms.