Terms and Conditions
- Agreement to Rules: By participating in this Promotion, you agree to be fully and unconditionally bound by these Rules and the Poshmark’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 any decisions made by Poshmark and related affiliates as final and binding as it relates to the Promotion. Participation in this Promotion is deemed acceptance of these Rules. ANY VIOLATION OF THESE RULES OR THE TERMS OF SERVICE BY ANY ENTRANT WILL RESULT IN DISQUALIFICATION, AND ALL PRIVILEGES (INCLUDING THOSE AS QUALIFIED ENTRANT, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.
- Eligibility: Entry is open only to legal residents of the Eligible States/Territories who satisfy the method of entry. Directors, officers, management, employees, suppliers (including gift suppliers) and contractors of the Poshmark and of its related bodies corporate, and of the agencies and companies associated with this Promotion are ineligible to enter.
- How to Enter: To enter, complete the following steps to become a Posh Ambassador (“Qualified Entrant”):
- Complete at least 5,000 self-shares of your closet listings;
- Share at least 5,000 listings from other Poshers’ closets;
- Share items from at least 50 new Poshers’ closets;
- Have at least 50 available listings in your closet;
- Complete at least 15 sales from your closet;
- Maintain an average seller rating of 4.5+ stars;
- Have an average ship time of fewer than 3 days; and
- Leave at least 1 love note for an item you purchased on Poshmark.
- The entrants must follow the method of entry during the Promotion Period to enter the Promotion. Failure to do so will result in an invalid entry. Poshmark will not advise an Entrant if their entry is deemed invalid.
- The time of entry will be deemed to be the time the entry is received by the Promoter.
- Entrants may submit up to the maximum number of entries (if applicable).
- Gift: Qualified Entrants will receive A$50 in Posh Credit and a Posh Pack with a value of A$50. Any Posh Credit (in local currency) awarded as a gift will be automatically credited to a Qualified Entrant’s Account within ten (10) days following the Promotion or the Qualified Entrant’s confirmation of the gift in accordance with Sections 21 and 23 below, as applicable. 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. Poshmark reserves the right to specify an expiry date for the Posh Credit.
- Gifts must be claimed in full. Gifts are non-transferable. Qualified Entrants will be awarded Posh Credit in their local currency. Restrictions, conditions and limitations may apply. Actual/appraised value may differ from the approximate retail value at time of gift award. The Qualified Entrants will not receive the difference between the actual value of the gift or any gift component and the approximate retail value of such gift or gift component. The specifics of the gifts shall be solely determined by the Promoter. The Promoter reserves the right to substitute gifts of equal or greater value. No other substitution, cash equivalent or transfer of gifts permitted. The Promoter is responsible only for gift delivery and not responsible for gift utility, quality, what the gift is used to purchase or otherwise. In order to receive a gift, Qualified Entrants may be required to provide proof of identification.
- Any and all gift related taxes and expenses, including without limitation any and all federal, state, provincial and/or local taxes shall be the sole responsibility of the Qualified Entrants. Qualified Entrants agree to the use of winner’s name, likeness, and/or gift and entry information by Poshmark 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.
- The Promotion will be conducted during the Promotion period. Starts November 23, 2022, at 8:00AM AEDT and ends January 31, 2023, at 11:59M AEDT (“Promotion Period”). Promoter reserves the right to extend the Promotion Period at its sole discretion.
- Any gift is valued in Australian dollars unless expressly stated to the contrary.
- All vouchers are valid until the expiry date stated on the voucher or by the provider of the voucher. Poshmark is not responsible for expired vouchers.
- Entrants agree to comply with any conditions which accompany the voucher.
- Neither Poshmark nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
- Entrants are advised that tax implications may arise from their gift winnings and they should seek independent financial advice prior to acceptance of their gift(s). Poshmark accepts no responsibility for any tax implications that may arise from accepting a gift. Entrants are responsible for any and all expenses that they incur in entering the competition and they will not be reimbursed regardless of whether or not they win the competition.
- Poshmark accepts no responsibility for any late, lost, delayed, incomplete, incorrectly submitted, corrupted, illegible or misdirected entries, claims or correspondence whether due to omission, error, alteration, tampering, deletion, theft, destruction, disruption to any communication network or medium, or otherwise including those entries not received by the Promoter for any reason. Poshmark is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
- Qualified Entrants will be notified by email, and asked to confirm their default shipping address. Qualified Entrants must reply to confirm their address and their acceptance of the Posh Pack with a value of A$50. The Posh Pack will be posted within 10 days of the Qualified Entrants reply.
- The Qualified Entrant does not need to be present at the draw unless expressly stated to the contrary.
- The Qualified Entrants will be notified in accordance with the notification of qualified and notification of unclaimed gifts (if applicable). Notification to Qualified Entrants will be deemed to have occurred on the later of the time the Qualified Entrant receives actual notification from the Promoter or two business days thereafter. The notification will include details about how the gift(s) can be claimed.
- Poshmark takes no responsibility where it is unable to contact gift Qualified Entrants who have not provided correct or complete contact details. If a Qualified Entrant’s contact details change during the Promotional Period, it is the entrant’s responsibility to notify the Promoter. A request to modify any entry information should be directed to Poshmark.
- It is a condition of accepting any gift that the Qualified Entrant must comply with all the conditions of use of the gift and the gift supplier’s requirements. Each gift must be taken as stated and no compensation will be payable if a Qualified Entrant is unable to use the gift as stated.
- The Qualified Entrant’s name and state/territory of residence will be published in accordance with the public announcement of winners section of these Rules (if applicable).
- All entries become the property of Poshmark. As a condition of entering into this Promotion, entrants agree to assign all their rights in and to their entry and any related content to the Promoter, including any copyright or other intellectual property rights in the entry and related content. Without limiting this, Poshmark may use entry content for any and all purposes including commercial purposes. You warrant that entry content is original, lawful and not misleading and that the Poshmark’s use of such content will not infringe the rights of any third parties. The Promoter has no obligation to credit you as the author of any content submitted and may otherwise do any acts or omissions which would otherwise constitute an infringement of any moral rights you may have as an author of content.
- General Terms and Limitation of Liability: To the greatest extent permitted by law, Poshmark excludes all warranties, representations or guarantees (Warranties) regarding the Promotion and any gifts, including any Warranties which may have been made in the course of advertising or promoting the Promotion. The conduct of the Promotion or the supply of gifts may involve third parties, and the Promoter makes no Warranties and disclaims all liability in connection with any such third parties, their acts or omissions. By entering the Promotion, an entrant releases and indemnifies Poshmark and its related bodies corporate (including the officers, employees and agents of each) from and against all actions, penalties, liabilities, claims or demands the entrant may have against Poshmark or that Poshmark may incur for any loss or damage which is or may be suffered or sustained as a direct or indirect result of an entrant entering or participating in the Promotion or failing to receive a gift, or using or permitting any other person to use the gift, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
- If despite the foregoing clause, Poshmark incurs a liability to an entrant under any law which implies a Warranty into these Terms of entry which cannot legally be excluded, Poshmark’s liability in respect of the Promotion is limited, in Poshmark’s discretion, to either resupplying such goods or services as form part of the Promotion, or paying the cost of resupplying those goods or services.
- Without limiting any of the foregoing, in no circumstances will an entrant or Poshmark have any liability to the other for any loss or damage suffered which is indirect or consequential in nature, including without limitation any loss of profit, loss of reputation, loss of goodwill, or loss of business opportunity.
- By entering the Promotion, you agree that Poshmark 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 Promotion and/or his/her acceptance, possession, use, or misuse of any gift 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 Promotion; (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 Promotion; or (viii) any condition caused by events beyond the control Poshmark. By participating in the Promotion, 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 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 gift, and/or acceptance, possession, use or misuse of the gift, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity.
- Poshmark and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of gifts.
- Poshmark may in its absolute discretion not accept a particular entry, may disqualify an entry, or cancel the entire Promotion at any time without giving reasons and without liability to any entrants, subject to any written directions from a regulatory authority. Without limiting this Poshmark reserves the right to verify the validity of entries, gift claims and entrants and to disqualify any entrant who submits an entry or gift claim that is misleading or not in accordance with these Rules or who manipulates or tampers with the entry process. In the event that a Qualified Entrant breaches these Rules, the Qualified Entrant will forfeit the gift in whole and no substitute will be offered. Verification is at the discretion of Poshmark, whose decision is final. Failure by Poshmark to enforce any of its rights at any stage does not constitute a waiver of those rights.
- Gifts, or any unused portion of a gift, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a gift is unavailable for any reason, Poshmark may substitute the gift for another item of equal or higher value subject to any written directions from a regulatory authority. Poshmark accepts no responsibility for any variation in gift value (including between advertising of the Promotion and receipt of the gift).
- In the case of the intervention of any outside act, agent or event which prevents or significantly hinders Poshmark’s ability (or that of a third party involved with the Promotion) to proceed with the Promotion on the dates and in the manner described in these Rules, including but not limited to vandalism, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Poshmark’s obligations in respect of the Promotion will be suspended for the duration of the event and, in addition, Poshmark may in its absolute discretion cancel the promotion and recommence it from the start on the same conditions, subject to approval of the relevant authorities.
- Poshmark reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion for any reason or no reason at all.
- Any attempt by an entrant to deliberately damage any website 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 Promoter 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 Qualified Entrant based on an email address, the qualified 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.
- Facebook, YouTube, Instagram, TikTok, or Snapchat may be used to advertise or promote the Promotion. By entering the Promotion, entrants agree that the Promotion is in no way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok or Snapchat; and to release Facebook, YouTube, Instagram, TikTok, or Snapchat from all liability in relation to this Promotion. Any questions, comments or complaints regarding the Promotion should be directed to the Promoter and not Facebook, YouTube, Instagram, TikTok, or Snapchat.
- Copyright © 2022 Poshmark. All rights reserved. Poshmark and the associated logo are registered trademarks of Poshmark, Inc. Any other trademarks in these Rules are used for gift identification purposes ONLY and are the properties of their respective owners.
- Disputes: All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules or the rights and obligations of entrants or Poshmark in connection with this Poshmark are governed by and construed in accordance with the laws of of the State or Territory in which Poshmark ordinarily resides. Entrants accept the non-exclusive jurisdiction of courts and tribunals of that State or Territory in connection with disputes concerning the Promotion. In the event of a disagreement that cannot be resolved, entrants agree to be bound by arbitration as described herein.
- Arbitration: Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the ACICA Arbitration rules and procedures. For information on the ACICA, please visit its website, https://acica.org.au/. If there is any inconsistency between any term of the ACICA 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 Poshmark 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 ACICA. If your claim is for $10,000 or less, Promoter 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 ACICA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the ACICA 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.
a. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the ACICA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the ACICA Rules.
b. 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.
c. 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.
d. In the event of any conflict between any term or condition in this Section 35 and any term or condition in our Terms of Service, then the applicable term or condition in this Section 35 shall apply.