Australia T&Cs Template
Terms & Conditions of entry
1. Information on how to enter and prize details form part of these terms & conditions (Terms of entry). The Terms must be read in conjunction with the Schedule. The Schedule defines the terminology used in these Terms of entry. Where there is any inconsistency between these Terms and the Schedule, the Schedule prevails. Participation in this Promotion is deemed acceptance of these Terms of entry.
2. Entry is open only to legal residents 18 years of age or older of the Australia Eligible States/Territories who satisfy the Method of entry. To enter, List an item on the Poshmark site or app to automatically gain entry for your chance to win 1 of 16 prizes (10 x $25 Posh Credits, 5 x $50 Posh Credits, and 1 x $100 Posh Credit) (“Method of Entry”). The total prize pool is $600 (inc GST). Prize draw 1:00 AM AEST 21/2/21 at promoter’s address. Winners notified via email by 1/2/21 and published at https://poshmark.com.au/giveaways 21/2/21. Promoter is Poshmark Pty Ltd. ABN 49 643 290 662. Level 15, 1 O’Connell Street Sydney NSW 2000. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers, and contractors) of the Promoter and of its related bodies corporate, and of the agencies and companies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-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.
3. The Promotion will be conducted during the Promotion period. Starts at 12:00 AM AEST 31/1/22 and Ends at 11:59 PM AEST 31/1/22.
4. The Prize/s are specified in the Details of prizes section of the Schedule. Total prize pool is $600 (inc GST). Prize draw 1:00 AM AEST 1/2/22 at promoter’s address. Winners notified via email by 21/2/21 and published at https://poshmark.com.au/giveaways 21/2/22. The total prize pool is specified in the Total prize value section of the Schedule.
5. Any prize is valued in Australian dollars unless expressly stated to the contrary.
6. All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher.
7. Entrants agree to comply with any conditions which accompany the Voucher.
8. Neither the Promoter nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
9. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). The Promoter accepts no responsibility for any tax implications that may arise from accepting a prize. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
10. The entrants must follow the Method of entry during the Promotion period to enter the Promotion. Failure to do so will result in an invalid entry. The Promoter will not advise an Entrant if their entry is deemed invalid.
11. The time of entry will be deemed to be the time the entry is received by the Promoter.
12. Entrants may submit unlimited entries. Each listing will count as 1 entry.
13. The Promoter accepts no responsibility for any late, lost, delayed, incomplete, incorrectly
submitted, corrupted, illegible, or misdirected entries, claims, or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
14. The prize(s) will be awarded to the valid entrant(s) drawn randomly in accordance with the Prize draw details. The Promoter may draw additional reserve entries (and record them in order). In the event of an invalid entry or an ineligible entrant, or if the entrant is ineligible to accept the prize, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, the promoter will then continue this process until the prize is awarded.
15. The winner does not need to be present at the draw unless expressly stated to the contrary.
16. The winner(s) will be notified in accordance with the Notification of winners and Notification of unclaimed prize winners (if applicable) sections of the Schedule. Notification to winners will be deemed to have occurred later of the time the winner receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the prize(s) can be claimed.
17. The Promoter takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to the Promoter.
18. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
19. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of the Schedule (if applicable).
20. Unclaimed prize draw 1:00 AM AEST 21/3/22 at promoter’s address. Unclaimed prize winners will be notified via email by 1/3/22 and published at blog.poshmark.com 1/3/22.
21. To the greatest extent permitted by law, the Promoter excludes all warranties, representations, or guarantees (Warranties) regarding the Promotion and any prizes, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of prizes may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts, or omissions. By entering the Promotion, an entrant releases and indemnifies the Promoter and its related bodies corporate (including the officers, employees, and agents of each) from and against all actions, penalties, liabilities, claims, or demands the entrant may have against the Promoter or that the Promoter may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
22. If despite the foregoing clause, the Promoter incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, the Promoter’s liability in respect of the Promotion is limited, in the Promoter’s discretion, to either resupplying such goods or services as form part of the Promotion or paying the cost of resupplying those goods or services.
23. Without limiting any of the foregoing, in no circumstances will an entrant or the Promoter have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
24. The Promoter and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
25. The Promoter may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this the Promoter reserves the right to verify the validity of entries, prize claims, and entrants and to disqualify any entrant who submits an entry or prize claim that is misleading or not in accordance with these Terms of entry or who manipulates or tampers with the entry process. In the event that a winner breaches these Terms of entry, the winner will forfeit the prize in whole and no substitute will be offered. Verification is at the discretion of the Promoter, whose decision is final. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights.
26. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any reason, the Promoter may substitute the prize for another item of equal or higher value subject to any written directions from a regulatory authority. The Promoter accepts no responsibility for any variation in prize value (including between advertising of the Promotion and receipt of the prize).
27. In the case of the intervention of any outside act, agent, or event which prevents or significantly hinders the Promoter’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Terms of entry, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, the act of terrorism, the Promoter’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, the Promoter may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to the approval of the relevant authorities.
28. All entries become the property of the Promoter. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, the Promoter may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful, and not misleading and that the Promoter’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of the content.
30. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with the Promoter’s Privacy statement which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
31. The Promotion and these Terms of entry will be governed by the law of the State or Territory in which the Promoter ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion.
32. Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments, or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
33. Promoter is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Promoter should be sent to Poshmark, 203 Redwood Shores Parkway, FL 7, Redwood City, CA 94065, Attn: Poshmark Sweepstakes. (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Promoter and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Promoter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Promoter or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Promoter is entitled.
34. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the ACICA Arbitration rules and procedures. For information on the ACICA, please visit its website, https://acica.org.au/. If there is any inconsistency between any term of the ACICA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Rules as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Rules and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Promoter and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by ACICA. If your claim is for $10,000 or less, Promoter agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the ACICA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the ACICA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- Costs of Arbitration. Payment of all filing, administration and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the ACICA Rules unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the ACICA Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. c. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause (b) above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or arbitrator decides that any of the provisions of clause (b) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Rules will continue to apply.
- In the event of any conflict between any term or condition in this Section 34 and any term or condition in our Terms of Service, then the applicable term or condition in this Section 34 shall apply.