Make a Deal Days Official Rules

NO PURCHASE OR LISTING IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.

THESE OFFICIAL RULES (THESE “RULES”) CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPONSOR TO BINDING AND FINAL ARBITRATION.  UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SPONSOR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

The Make a Deal Days (the “Sweepstakes”) begins at 12:01 a.m. PST on April 23, 2018 (the “Sweepstakes Start Date”) and ends at 11:59 p.m. PST on April 24, 2018 (the “Sweepstakes End Date”),  (such period referred to herein as the “Sweepstakes Period”). The Sweepstakes is sponsored by Poshmark (the “Sponsor”).

  1. Eligibility: The Sweepstakes is only open to legal residents of the United States who are at least 18 years old as of the date of entry. Employees, independent contractors, officers and directors of the Sponsor, affiliates, subsidiaries, advertising and promotion agencies, suppliers and their immediate family members and/or those living in the same household of each are not eligible to participate in the Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. THE SWEEPSTAKES IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
  2. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules and the Sponsor’s Terms of Service located at https://poshmark.com/terms (the “Terms of Service”), and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of the Sponsor, as final and binding as it relates to the content.  ANY VIOLATION OF THESE RULES OR THE TERMS OF SERVICE BY ANY ENTRANT WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.
  3.     How to Enter:

To enter:

  1. Log into your Poshmark account at https://poshmark.com/ (the “Site”) or the Poshmark mobile app; create an account if you are not already a member.  
  2. Use Offer to Likers on a listing on Poshmark mobile app or the Site by following the steps at https://support.poshmark.com/customer/en/portal/articles/2919259-how-do-i-make-an-offer-to-likers- . To be eligible, the listing must be marked for sale, available for purchase, and comply with Poshmark terms and conditions.

To enter via mail, (i) print your first and last name, complete address, city, state, zip code, daytime telephone number, date of birth, and e-mail address (if available) on a three-by-five-inch card and (ii) put the card in an envelope, affix first-class postage, and send it to: Poshmark, Attention: Make a Deal Days, 101 Redwood Shores Parkway, FL 3, Redwood City CA 94065.  Entries that are not complete or do not adhere to these Rules or the Terms of Service may be disqualified at the sole discretion of the Sponsor. Mechanically reproduced entries not accepted. All entries become the property of the Sponsor and will not be returned. All entries, regardless of method of entry, must be received by the Sweepstakes End Date.

  1. Prizes: 20 winners will each receive $100 in Posh Credit (approximate retail value (“ARV”) of $2,000, $100 each). One (1) Grand Prize winners will receive $1,000 in Posh Credit (ARV of $1,000). Total ARV of all prizes is $3,000.

Any Posh Credit awarded as a prize will be automatically credited to a winner’s Poshmark account within five (5) days following winner’s confirmation of the prize in accordance with Section 6 below. Use of Posh Credit is subject to the additional terms and conditions of the Terms of Service.    

The actual number of prizes awarded is based on the number of eligible entries received. Prizes must be claimed in full. Prizes are nontransferable. Actual/appraised value may differ at time of prize award. The specifics of the prizes shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor’s discretion. The Sponsor is responsible only for prize delivery and not responsible for prize utility, quality or otherwise.  In order to receive a prize, winners may be required to provide proof of identification. Any and all prize related expenses, including without limitation any and all federal, state, and/or local taxes shall be the sole responsibility of the winners. The winners of any prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize. Winners agree to use of winner’s name, likeness, and/or prize and entry information by the Sponsor in any medium without further compensation, unless prohibited by law. Where lawful, winner may be required to sign and return a Publicity Consent and Liability Release.

  1. Odds: The odds of winning depend on the number of eligible entries received.
  2. Winner selection and notification: Winners of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor daily, beginning on or about April 24, 2018. Winners will be notified via email to the email address associated with their Poshmark account with within five (5) days following the winner selection. The Sponsor shall have no liability for a winner’s failure to receive notices from the Sponsor, including failure due to winners’ spam, junk e-mail or other security settings or for winners’ provision of incorrect or otherwise non-functioning contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within 24 hours from the time award notification was sent, or fails in timely return of a completed and executed declaration and release as required, prize may be forfeited and an alternate winner selected.
  3. Terms: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes should (in its sole discretion) a virus, bugs, unauthorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Sweepstakes. In such case, the Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or website or violates these Rules. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. By entering the Sweepstakes, you agree to receive email newsletters periodically from the Sponsor. You can opt-out of receiving this communication at any time by clicking the unsubscribe link in the newsletter.
  4. Release: By entering the Sweepstakes, you agree to release and hold harmless the Sponsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Sweepstakes; (v) electronic or human error which may occur in the administration of the Sweepstakes or the processing of entries; (vi) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, unintelligible or postage-due entries; or (vii) any printing or typographical errors in any materials associated with the Sweepstakes.
  5. Disputes: this sweepstakes is governed by the laws of united states and California, without respect to conflict of law doctrines.
  6. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
  7. Agreement to Arbitrate.  Agreement to Arbitrate: This Section is referred to in these Official Rules as the “Arbitration Agreement.”  You agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, whether arising out of or relating to these Official Rules, the Promotion, your participation in the Promotion, the prize, acceptance, possession, use or misuse of the prize, any advertising, or any aspect of the relationship between us, shall be resolved exclusively through final and binding arbitration, rather than in court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.  Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by participating in the Promotion, you and Sponsor are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
  8. Prohibition of Class and Representative Actions and Non-Individualized Relief.  YOU AND SPONSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND SPONSOR AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.  ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
  9. Pre-Arbitration Dispute Resolution. Sponsor 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 support@poshmark.com.  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 Sponsor should be sent to Poshmark, 101 Redwood Shores Parkway, FL 3, Redwood City CA 94065, Attention: Make a Deal Days (“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 Sponsor and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Sponsor may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Sponsor or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sponsor is entitled.
  10. Arbitration Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement.  For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA 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 Official 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 Official 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 Sponsor 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 AAA. If your claim is for $10,000 or less, Sponsor 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 AAA Rules.  If your claim exceeds $10,000, the right to a hearing will be determined by the AAA 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.

  1. Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.  Any payment of attorneys’ fees will be governed by the AAA Rules.
  2.  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.
  3. Severability.  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 Official Rules will continue to apply.
  4. Conflict:  In the event of any conflict between any term or condition in this Section 10 and any term or condition in our Terms of, then the applicable term or condition in this Section 10 shall apply.
  5. Privacy Policy:  Information submitted with an entry is subject to the Privacy Policy stated on the Site. To read the Privacy Policy, click here.
  6. Winners List: To obtain a copy of the winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: Poshmark, 101 Redwood Shores Parkway, FL 3, Redwood City CA 94065.  Residents of Vermont and Washington need not include return postage. Requests must be received no later than ninety (90) days from the Sweepstakes End Date.
  7. Sponsor:  The Sponsor of the Sweepstakes is Poshmark, 101 Redwood Shores Parkway, FL 3, Redwood City CA 94065. Copyright 2018 Poshmark.  All rights reserved. Poshmark and the associated logo are registered trademarks of Poshmark. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.

 

 

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