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 holiday lister promotion (the “Promotion”) begins at 1:30PM IST on December 22, 2021 (the “Promotion Start Date”) and ends at 1:30PM IST on December 26, 2021 (the “Promotion End Date”) (such period referred to herein as the “Promotion Period”). The Promotion is sponsored by Poshmark, Inc. (the “Sponsor”). The Sponsor reserves the right to adjust the Promotion Period at its sole discretion.
1. Eligibility: The Promotion is only open to legal residents of India who (a) are at least 18 years old as of the date of the Promotion Start Date and (b) have a Poshmark account (“Account”) prior to the Promotion Start Date. Participation remains 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 Promotion. The Promotion is subject to all applicable federal, state and local laws and regulations. THE PROMOTION IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
2. Agreement to Rules: By participating in the Promotion, 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 Promotion. ANY VIOLATION OF THESE RULES, THE TERMS OF SERVICE, BY ANY PARTICIPANT WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES WILL BE IMMEDIATELY TERMINATED.
3. How to Participate: To participate, participants must complete all of the following activities in their Account during the Promotion Period:
- Create five (5) new sale listings in your Account (copying listings and bulk uploads do not satisfy this requirement) which must remain listed for the entire Promotion Period unless the item sells during the Promotion Period;
- Share five (5) of your closet listings; and
- Share five (5) listings of other Poshmark users.
4. Reward: Each participant who completes the above activities (“Qualified Participant”) will receive a Poshmark store credit in the amount of INR 250 (“Posh Credit”). Posh Credit will be automatically credited to the Qualified participant’s Account within five (5) business days following the confirmation of the Qualified Participant’ in accordance with Section 5 below. Posh Credit can be used to make purchases on the Site. Use of Posh Credit is subject to the additional terms and conditions of the Terms of Service.
The Sponsor reserves the right to substitute the reward(s) of equal or greater value. No other substitution, cash equivalent or transfer of rewards permitted. The Sponsor is responsible only for reward delivery and not responsible for reward utility, quality or otherwise. In order to receive a reward, Qualified Participants may be required to provide proof of identification, including date of birth or age.
Any and all reward related taxes and expenses, including without limitation any and all federal, state, provincial 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. Qualified Participants agree to use of Qualified Participant’s name, likeness, and/or reward and participation information by the Sponsor in any medium without further compensation, unless prohibited by law. Where lawful, the Qualified Participant may be required to sign and return a “Publicity Consent and Liability Release.”
5. Qualified Participant Confirmation and Notification: The Sponsor will confirm that the Qualified Participants completed the activities set forth in Section 3 on or about December 27, 2021 (“Selection Date”). Qualified Participants will be notified via [how will they be notified by email within five (5) days following the confirmation of the Qualified Participants. The Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify any potential Qualified Participants, including failure due to a potential Qualified Participant’s spam, junk e-mail or other security settings or for a potential Qualified Participant’s provision of incorrect or otherwise non-functioning contact information. Sponsor is not responsible for changes to participants’ contact information. If any potential Qualified Participant cannot be contacted, is ineligible, fails to claim the reward within forty-eight (48) hours of Sponsor notifying such potential winner, or fails in timely return of a completed and executed declaration and release as required, the reward for the Qualified Participant may be forfeited.
6. Terms: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Promotion 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 Promotion. In such case, the Sponsor will select the Qualified Participants from all eligible, non-suspect participation requirements satisfied prior to such action. Any individual who attempts or otherwise encourages, directly or indirectly, the violation of the Promotion requirements, these Rules, or the Terms of Service, as determined by Sponsor, will be disqualified and will forfeit the reward. Creation of listings and/or sharing listings generated by script, macro or other automated means or with the intent to impair the integrity of the Promotion will be void. The Sponsor reserves the right at its sole discretion to revoke a reward of and disqualify any individual who tampers or attempts to tamper with the participation process or the operation of the Promotion 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 Promotion 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 creating an Account or participating in the Promotion, 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 participate in the Promotion. 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.
7. Release: By participating in the Promotion, 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 Promotion and/or his/her acceptance, possession, use, or misuse of any reward 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 participation process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing or confirmation of Promotion requirements; (vi) late, lost, stolen, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible Promotion requirements; (vii) any printing or typographical errors in any materials associated with the Promotion; (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 Sponsor by the participant and/or winner. By participating in the Promotion, participants and the Qualified Participants agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Promotion, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Promotion, participation in the Promotion, 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.
8. Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants or Sponsor in connection with this Promotion are governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) that would cause the application of any other state’s laws.
9. ARBITRATION AGREEMENT: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate. 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 Promotion, your participation in the Promotion, the reward, acceptance, possession, use or misuse of the reward (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, 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.
b. 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).
c. 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 email@example.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, 203 Redwood Shores Parkway, FL 8, Redwood City, CA 94065, Attn: Holiday Lister Promotion. (“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. 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 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 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.
e. 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.
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 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.
h. Conflict: In the event of any conflict between any term or condition in this Section 9 and any term or condition in our Terms of Service, then the applicable term or condition in this Section 9 shall apply.
10. Sponsor: The Sponsor of the Promotion is Poshmark, Inc., 203 Redwood Shores Parkway, FL 8, Redwood City, CA 94065.
11. Copyright © 2021 Poshmark. All rights reserved. Poshmark and the associated logo are registered trademarks of Poshmark, Inc. Any other trademarks in these Rules are used for prize identification purposes ONLY and are the properties of their respective owners.