NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES, OR TO CLAIM A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
THESE OFFICIAL RULES (THESE “RULES”) CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL 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 Sweepstakes begins at January 17th 12:00 a.m. IST on (the “Sweepstakes Start Date”) and ends at January 17th 11:59 p.m. IST on (the “Sweepstakes End Date”) (such period referred to herein as the “Sweepstakes Period”). The Sweepstakes are sponsored by Poshmark, Inc. 203 Redwood Shores Parkway, Floor 8, Redwood City, CA 94065. (the “Sponsor / Posh India”).
1. Eligibility: The Sweepstakes are only open to legal residents of India (other than anyone residing in Tamil Nadu) who are at least 18 years old as of the date of entry and (b) have a Poshmark India account (“Account”) prior to the Sweepstakes Start Date (“Participant”). Entries are limited to individuals only; commercial enterprises and business entities are not eligible. 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 are subject to all applicable central, state and local laws and regulations. The territory of this Sweepstake shall be within the territory of India except the state of Tamil Nadu, this prize draw contest is not open for Participants from the state of Tamil Nadu in view of the provisions of the, Tamil Nadu Prize Scheme (Prohibition) Act, 1979, and in all such states where it is specifically prohibited by law. THE SWEEPSTAKES ARE VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
2. Agreement to Rules: By participating in the Sweepstakes, you agree to be fully and 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 Sweepstakes. 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, Participants must complete all of the steps set forth below during the Sweepstakes Period. Each Sweepstakes offer will provide specific instructions on how to enter the promotion:
- STEP 1: Log into your Account at https://poshmark.com/ (the “Site”) or the Poshmark mobile application (the “App”); if you are not already a member of Poshmark, create a free online account or download and install the free App and register for a free Account.
- STEP 2: List your first item. To create a new listing using the App or the Site follow the steps set forth at https://support.poshmark.com/s/article/How-to-list-item?language=en_US. Eligible listings must be either marked for sale, Drops Soon, Reposh, or a Clone Listing. Listings must comply with the Terms of Service.
To enter the Sweepstakes online without completing the steps above, access a digital entry form by clicking the Online Entry Form and providing the information requested. You must submit the completed digital entry form within the Sweepstakes Period. Entries that are not complete or do not adhere to these Rules or the Terms of Service will result in disqualification.
4. Prizes: There will be five (5) winners of the Sweepstakes (each, a “General Winner”) who will receive INR 2,000 in Poshmark store credit (“Posh Credit”). Any Posh Credit (in local currency) awarded as a prize will be automatically credited to a winner’s Account within five (5) days following winner’s confirmation of the prize in accordance with Section 6 below. Posh Credit can be used to make purchases on the Site or on the App. Use of Posh Credit is subject to the additional terms and conditions of the Terms of Service. Allow three (3) to four (4) days after winner’s confirmation of the prize in accordance with Section 6 below for receipt of prize.
The actual number of prizes awarded is based on the number of eligible entries received. Prizes must be claimed in full. Prizes are non-transferable. Restrictions, conditions and limitations may apply. Actual/appraised value may differ from the actual retail value (“ARV”) at time of prize award. The winners will not receive the difference between the actual value of the prize or any prize component and the ARV of such prize or prize component. The specifics of the prizes shall be solely determined by the Sponsor. The Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution, cash equivalent or transfer of prizes permitted. 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, including date of birth or age.
Any and all prize related taxes and expenses, including without limitation any and all central, state, and/or local taxes shall be the sole responsibility of the winners. All Participants agree that information provided by the Sponsor is not advice, including but not limited to, tax advice or legal advice, and every Participant is advised to consult a professional, including a tax professional. Any prize with a value of INR 10,000 or greater shall be subject to and reduced by all applicable tax withholdings and deductions required by applicable laws, including, without limitation, income tax deduction at source required under the Income-Tax Act, 1961. 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.
5. Odds: The odds of winning depend on the number of eligible entries received during the Sweepstakes Period.
6. Winner selection and notification: The general winners (“General Winners”) of the Sweepstakes will be selected in a random drawing under the supervision of the Sponsor hourly or daily, as applicable, after the Sweepstakes Period at the registered office of Poshmark, Inc. having its registered office at 203 Redwood Shores Parkway, Floor 8, Redwood City, CA 94065. Once a Participant is selected as a General Winner they will no longer be eligible for future drawings in which a General Winner is to be selected. The grand prize winner (“Grand Prize Winner”) will be selected in a random drawing of all eligible Participants (including the General Winners) under the supervision of the Sponsor after the Sweepstakes Period. For the avoidance of doubt, it is possible that a winner is both a General Winner and a Grand Prize Winner, but a winner can only be a General Winner once. Depending on method of entry, winners will be notified via email to the email address associated with their Account or the email address submitted with the digital entry form within five (5) days following the winner selection. Winners will be listed at https://poshmark.in/giveaways for 28 days. All reasonable steps will be taken by the Sponsor to notify prize winners based on the details provided by Participants. 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 72 hours from the time the Sweepstakes ends, or fails in timely return of a completed and executed declaration and release as required, the prize may be forfeited, and an alternate winner selected.
7. 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 will select the winners from all eligible, non-suspect entries received prior to such action. Any individual who attempts or otherwise encourages, directly or indirectly, the submission of false entries, as determined by Sponsor, will be disqualified. Entries generated by script, macro or other automated means or with the intent to impair the integrity of the Sweepstakes will be void. 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 the Site or violates these Rules or the Terms of Service. Any attempt by a Participant 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. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be deemed to be made by the authorized account holder of the email address at time of entry. “Authorized account holder” is the natural person who is assigned an email address by an Internet service provider or other organization responsible for assigning email addresses for the domain associated with the email address in question. By creating an Account or entering the Sweepstakes, the Sponsor may request your affirmative consent in order to provide promotional emails or offers via a periodic email newsletter. In creating an Account, the Sponsor will automatically activate your subscription to receive periodic promotional email newsletters, but such promotional email newsletters will be completely optional. You are not required to keep your subscription to such promotional email newsletters in order to be eligible to enter the Sweepstakes. You may subsequently opt-out of receiving such promotional email newsletters at any time by clicking the “unsubscribe” link in the newsletter and following the procedures set forth at such link.
8. Release: By entering the Sweepstakes, you agree that the Sponsor and its subsidiaries, divisions, affiliates, insurers, servants, parents, advertising, promotion and fulfillment agencies, partners, representatives, agents, predecessors, successors, assigns, shareholders, employees, officers and directors, and legal advisors (the “Released Entities”) are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to (i) such Participant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical or human failures, malfunctions or difficulties 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; (vii) any printing or typographical errors in any materials associated with the Sweepstakes; (viii) any condition caused by events beyond the control of Sponsor; or (ix) compliance with all applicable laws and regulations in the jurisdiction of the Participant/winner and/or the Sponsor by the Participant/winner. By participating in the Sweepstakes, Participants and the winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Sweepstakes, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the prize, and/or acceptance, possession, use or misuse of the prize, including but not limited to statutory and common law claims for misappropriation or Participant’s right of publicity. The upload or submission of posts/comments will result in the use and consumption of data for which data charges as charged by Participant’s internet/ telecom operator may apply. It will be Participant’s sole responsibility to understand and enquire charges as may be applicable with the Participant’s telecom operator. In case of using mobile data while roaming in different circle/ zone, additional roaming rates may apply. The Sponsor shall not be responsible for any such charges incurred by the Participant. In the event of a dispute arising between the Participant and the telecom operator, the same shall be resolved between the Participant and the telecom operator without recourse to the Sponsor. Without prejudice to the foregoing, in any case the Company’s entire liability under these Rules and Terms of Service shall not exceed the total monetary value of INR 100.
9. Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of Participants or Sponsor in connection with this Sweepstakes are governed by and construed in accordance with the laws of India without giving effect to any choice of law or conflict of law rules (that would cause the application of any other country’s laws). Subject to the provision of Section 10 below, the courts of Chennai, India shall have exclusive jurisdiction under the provisions of the Arbitration and Conciliation Act, 1996 (“Act”), to determine all matters which the court is entitled to determine under the Act, including, without limitation, provision of interim relief under the provisions of Section 9 and Section 11 of the Act. Subject to the provisions of Section 10 below, the Participant(s) agree(s) to submit to the exclusive jurisdiction of the courts of Chennai, India and dispute resolution mechanism as set out herein.
10. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate: This Section is referred to in these 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 Rules, the Sweepstakes, your participation in the Sweepstakes, the prize, acceptance, possession, use or misuse of the prize (including any alleged breach thereof), 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.
b. 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 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”). Poshmark, Inc. 203 Redwood Shores Parkway, Floor 8, Redwood City, CA 94065. (“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.
d. Arbitration Procedures. Any arbitration shall be referred to a sole arbitrator appointed in accordance with the Act and shall be governed by the Act and rules thereunder as amended from time to time. The venue for arbitration shall be Chennai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the Participant(s) who has / have raised the dispute.
f. 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.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement 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. The remainder of these Rules will continue to apply.
h. 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 Service, then the applicable term or condition in this Section 10 shall apply.
11. Winners List: To obtain a copy of the winners’ name or a copy of these Rules, mail your request along with a stamped, self-addressed envelope to: Poshmark, Inc. 203 Redwood Shores Parkway, Floor 8, Redwood City, CA 94065 Attn: Poshmark Sweepstakes. Requests must be received no later than ninety (90) days from the Sweepstakes End Date.
12. Sponsor: The Sponsor of the Sweepstakes is Poshmark, Inc. 203 Redwood Shores Parkway, Floor 8, Redwood City, CA 94065.
13. Copyright © 2023 Poshmark. All rights reserved. Poshmark and the associated logo are registered trademarks of Poshmark, Inc. and / or Poshmark India. Any other trademarks in these Rules are used for prize identification purposes ONLY and are the properties of their respective owners.