Official Terms for Poshmark 10th Birthday NFTs

Introduction

  1. These terms and conditions (the “Terms”) govern any rewards, prizes, or other redeemable value prescribed by Poshmark, Inc. (“Poshmark”) to the Poshmark 10th Birthday NFTs ( as defined below) and represents an agreement between Poshmark and the NFT Owner (as defined below). 

Definitions

  1. NFT Owner means the owner of the NFT, as recorded in a Bitski (or other Poshmark approved marketplace) wallet. There must be only one (1) owner at any given time, and the owner shall not share the NFT with any other third party or wallet. 
  1. Poshmark 10th Birthday NFT refers to the Non Fungible Tokens released by Poshmark on or around December 6, 2021, and any additional tokens that may be released by Poshmark on or around January 8, 2022 (referred to herein as the “NFT” or “NFTs”). 

Rewards

  1. Each NFT Owner will receive annual (once per year) rewards consisting of one (1) ticket to Poshfest (excludes any travel, accommodations, or any other related expenses); $100 Poshmark credit; and a posh swag gift box (the, “Rewards”). Rewards may vary for locations outside of the United States. Rewards are non-transferable.   
  1. Rewards will be issued annually, within thirty (30) days of December 6, for a period of ten (10) years, beginning on December 6, 2022, and ending on December 6, 2030. 

Rights and Obligations

  1. Ownership of the NFT does not guarantee or imply any Rewards or a specific value. Poshmark does not guarantee or represent the value of the NFT, and the value may change at any time. Poshmark will not be liable for any changes in value of the NFT.
  1. Poshmark reserves the right to change or discontinue Rewards at any time for any reason. Poshmark reserves the right to alter these Terms at any time for any reason. In the event of a material change to NFT Owner’s rights and obligations, Poshmark will notify the NFT Owner using the information on record with Poshmark as of the date of issuance of the reward, at the discretion of Poshmark. 

Transfer of Ownership

  1. NFT Owner can transfer the NFT at any time subject to Bitski’s terms and conditions located at www.bitski.com, or any subsequent digital wallet provider which the NFT Owner or subsequent Owner may choose, and Owner is solely responsible for those terms, and subsequent transfers. The NFT Owner shall be responsible for any fees associated with the transfer. 
  1. If the NFT Owner transfers ownership after December 6 in the eligible year, the new NFT Owner will only be eligible for Rewards in the following calendar year unless the following year will be 2030.

How to Claim Reward(s)

  1. NFT Owner must contact Poshmark at support@poshmark.com and provide proof of ownership, which may include a link to the digital wallet, screenshot of wallet, and/or additional verification methods as requested by Poshmark, within one (1) week prior to December 6 in the eligible year to be eligible for that year’s annual Reward(s). Emails must include the subject line “NFT ownership claim.” Poshmark may, but is not obligated to, provide a reminder of the Rewards. 
  1. If NFT has changed ownership during the course of the previous year, the new owner must provide proof of transfer of ownership, which may include screenshot of wallet  or linke to the digital wallet and proof of NFT transfer, and/or additional verification methods as requested by Poshmark.
  1. Poshmark may seek additional proof of ownership or change accepted verification methods at its sole discretion for any reason at any time. 
  1. Only the NFT Owner on record on 12:01 am PST December 6 is eligible for that year’s Rewards. NFT Owner must retain ownership until receiving the annual Rewards. 
  1. Only one (1) set of Rewards will be given per year per NFT. 

Bitski Wallet

  1. The NFT will be hosted on www.bitski.com, and more information may be available at www.bitski.com/poshmark. NFT Owners must abide by all relevant Bitski terms and conditions. Poshmark is not responsible for any issues with wallets, technical problems, loss of NFTs, service outages or other issues on the Bitski website, platform, or wallet. Any losses or damages to the NFT, while stored on the Bitski platform, are solely the responsibility of Bitski. Poshmark is in no way affiliated with Bitski. In the event NFT is transferred outside of Bitski, NFT Owner will be responsible for adherence to any terms and conditions of Bitski and the transfer destination, including but not limited to, any fees associated with the transfer.
  1. Poshmark can unilaterally decide to accept or reject any claims from NFT Owners using storage methods different from official Bitski wallets. Poshmark reserves sole right to designate additional NFT marketplaces or wallets as storage options and methods for proof of ownership. 

Intellectual Property

  1. NFT Owner shall not use, or permit any third party to use, the Poshmark logo or intellectual property in any way, including but not limited to, promoting, copying, reproducing, disparaging, altering, or in any other manner. NFT Owner receives NO license with regard to Poshmark logo or intellectual property and no such rights attach to the NFT. 

Miscellaneous

  1. These Terms, the NFTs, and any legal actions related are governed by and under the jurisdiction of the laws of the State of California, in San Mateo County. All current, future, or prior Owner(s) agree that Poshmark’s liability for any actions, inactions, liabilities, or the like with respect to the NFTs is $1 (one dollar). In the event of legal action all current, future, or prior Owner(s) agree that they are waiving the rights to a jury trial and that any legal actions will be resolved through binding and confidential arbitration. Poshmark may modify these terms at any time.