Official Rules for Poshmark Posh Fixings Design Contest
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST, 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, 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 Poshmark Posh Fixings Design Contest (the “Contest”) begins at 8:00 a.m. PST on January 15, 2020 (the “Contest Start Date”) and ends at 11:59 p.m. PST on January 27, 2020 (the “Contest End Date”) (such period referred to herein as the “Contest Period”). The Contest is sponsored by Poshmark, Inc. (the “Sponsor”).
1. Entrant Eligibility: The Contest is only open to legal residents of the United States and the District of Columbia (excluding Puerto Rico and all U.S. territories and possessions) who (a) are at least 18 years old as of the date of entry and (b) have a Poshmark account (“Account”) prior to the end of the Contest Period. 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 Contest. The Contest is subject to all applicable federal, state and local laws and regulations. THE CONTEST IS VOID WHERE RESTRICTED OR PROHIBITED BY LAW.
2. Agreement to Rules: By participating in the Contest, 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 Contest. 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 Contest Period:
a. STEP 1: Create a design (the “Design”) that meets the entry eligibility criteria set forth in Section 4 below.
b. STEP 2: Submit your Design via this http://bit.ly/36LTALC and provide the information requested (i.e. (i) enter your first and last name, enter your full mailing address, enter your email address associated with your Account and enter your date of birth).
4. Entry Eligibility: Entries that are submitted in connection with the Contest will only be eligible if (a) such entries showcase a Poshmark slogan, logo and/or trademark; (b) such entries are submitted during the Contest Period; (c) the size of the Design is at least 2” x 2”; (d) the Design is submitted in .png or .jpg file format and has a resolution of 300dpi+; (e) the Design is no more than 1GB in size; (f) other than Sponsor’s slogans, logos and trademarks set forth on the Site (as defined below) or Sponsor’s blog located at https://blog.poshmark.com (the “Blog”), such Design contains only the original content of the participant and does not contain any photo, drawing, images or elements created by any other person; (g) the Design does not reference any other company or product; and (h) the Design does not include any other identifiable individual other than the individual participant unless prior express consent is obtained from such individual. Only those entries that meet all of the criteria in this Section 4, in the sole discretion of the Sponsor, will be deemed eligible entries. The Sponsor reserves the right, in its sole discretion, to disqualify any entries which Sponsor determines at any time in its sole judgment to fail to meet any of these criteria.
The right granted in these Rules to use Sponsor’s slogans, logos and trademarks set forth on the Site or the Blog is limited to this Contest and Sponsor’s slogans, logos or trademarks may not be used for any other purpose. Designs that are considered offensive or defamatory or in violation of any person’s right to privacy or other personal rights are not eligible. Entries may not include: (i) profanity, nudity or material deemed inappropriate or offensive to Sponsor, in its sole discretion; (ii) false or defamatory statements about any person or any third party; (iii) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (iv) hateful, obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions of material, in the opinion of the Sponsor; or (v) any other content that is otherwise unlawful. If an entry includes any of the prohibited elements listed above, the entry will be disqualified, along with the contestant who submitted it. Entry should be appropriate to the Sponsor’s brand image (in Sponsor’s sole discretion). Once submitted, an entry cannot be modified. BY SUBMITTING AN ENTRY, CONTESTANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S SITE (AS DEFINED BELOW) AND EDITED, IN SPONSOR’S DISCRETION.
5. Prizes: 5 winners will each receive $100 in Poshmark store credit and a box of Poshmark-branded items (approximate retail value (“ARV”) $100 per box”). Total of ARV of all prizes is $1,000. For the avoidance of doubt, a participant who submits multiple entries in accordance with Section 3, will only be entitled to win once (i.e. each participant can win a maximum of one (1) prize).
Any Posh Credit 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 7 below. Posh Credit can be used to make purchases on the Sponsor’s website, https://poshmark.com/ (the “Site”). 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 non-transferable. Restrictions, conditions and limitations may apply. Actual/appraised value may differ from the 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 federal, state, provincial and/or local taxes shall be the sole responsibility of the winners. 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.
6. Odds: The odds of winning depend on the number of eligible entries received during the Contest Period.
7. Selection and Notification of Winners: On or about February 7, 2020 (the “Selection Date”), a panel of judges, consisting of employees, officers or directors of Sponsor, in its sole discretion, will select the winning entries with the five (5) highest scoring submissions based on the following criteria (the “Criteria”):
- marketability/commercial appeal (20%);
- creativity (20%);
- clarity and quality of submission (20%);
- appropriateness to the Sponsor’s brand (20%); and
- visual appeal (20%).
As noted above, each component of the Criteria will be weighted equally in scoring the submissions.
The winning entries may be featured on Sponsor’s Facebook page, Instagram feed and/or Site. As a participant and without limiting the rights granted by you under Section 8, you hereby consent to the use of your Design and your name, in connection therewith if you are selected as one of the top five (5) entries.
In the event of a tie between two or more entrants, the entrant whose entry received the highest score for appropriateness to the Sponsor’s brand, as determined by Sponsor, will be deemed the winner among the tied entrants. If such process does not break the tie, an additional judge, who will be an employee, officer or director of Sponsor, will evaluate the tied entries according to the above criteria and determine the winner. The choice of the winner is final and binding and not subject to review or appeal.
Within 4 business days of the Selection Date (the “Notification Date”), Sponsor will contact the potential winners via the email address submitted in connection with the entry. The Sponsor shall have no liability for a winners’ 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. Sponsor is not responsible for changes to entrants’ contact information. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within two (2) days of the Notification Date, or fails in timely return of a completed and executed declaration and release as required, the prize may be forfeited and the entrant with the next highest score will be contacted.
8. Publicity: By submitting any content (including, without limitation, any Design) in connection with the Contest, you automatically represent and warrant that you have the right to grant, and do hereby grant, to Sponsor the paid-up, royalty-free, perpetual, irrevocable, sublicensable, exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content (in whole or in part) worldwide and/or to incorporate all or any portion of it in other works in any form, media or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such content; and (b) use the content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the content and the right to practice. For the avoidance of doubt, you represent and warrant that you will not use the Design for any purposes other than submitting it to Sponsor in accordance with these Rules and will not disclose the Design to any other third party. You warrant that the content has not been copied from any third party and its use by Sponsor will not infringe or involve the misappropriation of any third party rights and agree to indemnify and hold harmless Sponsor and all other third parties licensed above from and against any breach of this warranty. Under no circumstances will Sponsor be required to treat such content as confidential. Sponsor will be entitled to use the content in accordance with this Section without permission from or compensation to you or any other person. For the avoidance of doubt, Sponsor will not be liable to you or any other person for any ideas for Sponsor’s business (including, without limitation, product designs or ideas) derived from the content and will not incur any liability as a result of any similarities to the content that may appear in any future products or services of Sponsor. Where lawful, the winners and other participants may be required to sign and return a Publicity Consent and Liability Release.
9. Terms: The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Contest 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 Contest. 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 Contest 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 Contest or the Site, violates these Rules or the Terms of Service or engages in any conduct that is deemed detrimental or unfair to Sponsor, the Contest or any other entrant. Sponsor has no obligation to return any material submitted in connection with an entry, if applicable, that are submitted by a disqualified entrant. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Contest 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 Contest, 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 Contest. 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.
10. Release: By entering the Contest, 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 entrant’s participation in the Contest 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 Contest; (v) electronic or human error which may occur in the administration of the Contest 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 Contest; or (viii) any condition caused by events beyond the control of Sponsor. By participating in the Contest, 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 Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, 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.
11. 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 Contest 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.
12. 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 Contest, your participation in the Contest, 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, 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 Contest, 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 7, Redwood City, CA 94065, Attn: Poshmark Posh Fixings Design Contest. (“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 12 and any term or condition in our Terms of Service, then the applicable term or condition in this Section 12 shall apply.
13. 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, 203 Redwood Shores Parkway, FL 7, Redwood City, CA 94065, Attn: Poshmark Posh Fixings Design Contest. Residents of Vermont and Washington need not include return postage. Requests must be received no later than ninety (90) days from the Contest End Date.
14. Sponsor: The Sponsor of the Contest is Poshmark, Inc., 203 Redwood Shores Parkway, FL 7, Redwood City, CA 94065.
15. Copyright © 2020 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.