Share to Win Official Rules (AU)

Terms & Conditions of entry 

  1. Agreement to Rules: By participating in this promotion conducted on behalf of Poshmark Pty Ltd (ABN 49 643 290 662) (“Poshmark”), (the “Promotion”), you agree to be fully and unconditionally bound by these terms and conditions for the Promotion (the “Rules”) and 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 WINNER, IF APPLICABLE) WILL BE IMMEDIATELY TERMINATED.
  1. Eligibility: Entry is open only to people that are at least 18 years old  and legal residents of the Australia who satisfy the Method of entry. Directors, officers, management, employees, suppliers (including prize suppliers) and contractors (and the immediate families of directors, officers, management, employees, suppliers and contractors) of Poshmark and of its related bodies corporate, and of the agencies and companies associated with this Promotion, including the competition permit providers TPAL (Trade Promotions and Lotteries Pty Ltd ACN 601 297 330) are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  1. Promotion Period: Entrants may enter the Promotion from 21st October, 2021 12:00am AEDT until 21st October, 2021, 11:59pm AEDT. Entries will close immediately after 21tst October, 2021, 11:59pm AEDT. Winners will be selected at promoters address ABN 49 643 290 662. Level 15, 1 O’Connell Street Sydney NSW 2000 on 4th Novemeber 2021.
  1. How to Enter: To enter, share 3 community listings from the Poshmark App or the Site. Entries that are not complete or do not adhere to these Rules or the Terms of Service will result in disqualification. 
  1. Participation in the Promotion is voluntary and may not require you to purchase anything from Poshmark.  No illegible, incomplete, forged or altered entries will be accepted.  All entries must be received before the Promotion End Date. Mechanically reproduced entries not accepted.  All entries become the property of Poshmark and will not be returned.  All entries are subject to Poshmark’s Privacy Policy located at https://poshmark.com/privacy, the Terms of Service and these Rules. Your personal information will only be used for the purposes of administering the Promotion and in accordance with our Privacy Policy.
  2. 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.
  3. The time of entry will be deemed to be the time the entry is received by Poshmark.
  4. Entrants may submit more than one entry but may not submit more than 50 entries. 
  1. Prizes: The total prize pool is $500.
  2. The prizes are Posh Credit. 
  3. There will be 5 winners each winning $100 each.
  4. If entrants submit more than 1 entry they can only win 1 prize. 
  5. 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.  Use of Posh Credit is subject to the additional terms and conditions of the Terms of Service.  
  6. The actual number of prizes awarded may be based on the number of eligible entries received. Prizes must be claimed in full. Prizes are non-transferable. Winners 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 prize award.  The winners will not receive the difference between the actual value of the prize or any prize component and the approximate retail value of such prize or prize component. The specifics of the prizes shall be solely determined by Poshmark. Poshmark reserves the right to substitute prizes of equal or greater value if the prize is unavailable due to unforeseeable or similar special circumstances. No other substitution, cash equivalent or transfer of prizes permitted. Poshmark is responsible only for prize delivery and not responsible for prize utility, quality, what the prize is used to purchase or otherwise.  In order to receive a prize, winners may be required to provide proof of identification. 
  7. 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. 
  8. Winners agree to the use of winner’s name, likeness, and/or prize 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.
  9. Any prize is valued in Australian dollars unless expressly stated to the contrary.
  10. 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. 
  11. Entrants agree to comply with any conditions which accompany the Voucher.
  12. Neither Poshmark nor the voucher provider is liable for any voucher that has been stolen, forged, lost, damaged or tampered with in any way.
  13. Entrants are advised that tax implications may arise from their prize winnings and they should seek independent financial advice prior to acceptance of their prize(s). Poshmark accepts no responsibility for any tax implications that may arise from accepting a prize. 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.
  14. 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 Poshmark for any reason. Poshmark is not liable for any consequences of user error including (without limitation) costs incurred. No correspondence will be entered into.
  1. Winners: The prize(s) will be awarded to valid entrant(s). Winners will be selected by random computer draw. Poshmark may draw additional reserve entries (and record them in order). In the event of an invalid entry or ineligible entrant, if the entrant is ineligible to accept the prize or a winner does not claim the prize within the required period of time, the prize will be awarded to the first reserve entry drawn. If the prize can’t be awarded to the entrant drawn, Poshmark will then continue this process until the prize is awarded. 
  2. As soon as practicable after winners are determined and in any event within 7 days from the date on which winners are determined, the names and location of each winner (unless such winners do not consent to having their details published) will be published on blog.poshmark.com and will be notified in writing by Poshmark. The notification will include details about how the prize(s) can be claimed. The winner does not need to be present at the draw unless expressly stated to the contrary.
  3. Poshmark takes no responsibility where it is unable to contact prize winners who have not provided correct or complete contact details. If an entrant’s contact details change during the promotional period, it is the entrant’s responsibility to notify Poshmark. A request to modify any entry information should be directed to Poshmark.
  4. It is a condition of accepting any prize that the winner must comply with all the conditions of use of the prize and the prize supplier’s requirements. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize as stated.
  5. The winner(s) name and state/territory of residence will be published in accordance with the Public announcement of winners section of these Rules (if applicable).
  6. 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 Poshmark, 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. Poshmark 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. 
  1. Personal Information: Entrants consent to Poshmark using the personal information provided in connection with this Promotion for the purposes of facilitating the conduct of the Promotion and awarding any prizes, including to third parties involved in the promotion and any relevant authorities. In addition to any use that may be outlined in the Poshmark’s Privacy Policy, Poshmark including third parties may, for an indefinite period, unless otherwise advised, use the private information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the entrant.
  2. The collection and disclosure of personal information provided in connection with this promotion will be handled in accordance with Poshmark’s privacy policy which adheres to the Privacy Act 1988 (cth) and Australian Privacy Principles.
  1. 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 prizes, 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 prizes may involve third parties, and Poshmark 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 winning or failing to win a prize, or using or permitting any other person to use the prize, except for any liability which cannot be excluded by law or which would cause any part of this clause to be void or unenforceable.
  2. If despite the foregoing clause, Poshmark incurs a liability to an entrant under any law which implies a Warranty into these Terms of Service 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.
  3. 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.
  4. 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 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 Promotion; (v) electronic or human error which may occur in the administration of the Promotion 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 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.   
  5. Poshmark and its associated agencies and companies will not be liable for any delay, damage, or loss in transit of prizes.
  6. 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, prize claims and entrants and to disqualify any entrant who submits an entry or prize 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 winner breaches these Rules, the winner will forfeit the prize 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.
  7. Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, subject to any written directions from a regulatory authority. Where a prize is unavailable for any unforeseeable or similar special reason, Poshmark may substitute the prize 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 prize value (including between advertising of the Promotion and receipt of the prize).
  8. 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, pandemic, civil unrest, strike, war, act of terrorism, 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.
  9. Poshmark reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion for any reason or no reason at all.  
  10. Any attempt by an entrant 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, Poshmark 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. 
  11. 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.
  12. 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.

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 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. If an entrant considers the Promotion was not conducted in accordance with these Terms of Service or there is otherwise a disagreement between entrants and Poshmark in relation to the Promotion, the parties will in good faith seek to resolve the disagreement. Entrants must contact Poshmark at support@poshmark.com and set out the details of its complaint to resolve the disagreement. If the parties are unable to resolve the relevant disagreement, entrants agree to be bound by arbitration as described in our Terms of Service.