Terms and Conditions
- Agreement to Terms and Conditions: By entering this Promotion, all participants will be deemed to have accepted these Terms and Conditions in full. These Terms and Conditions incorporate Poshmark’s Terms of Service located at https://www.poshmark.co.uk/terms (the “Terms of Service”) and by entering this Promotion, each participant also agrees to comply with the Terms of Service where applicable. All entry instructions form part of these Terms and Conditions.
- Eligibility: The Promotion is open to residents of the United Kingdom aged 18 or over at the date on which they enter the Promotion, excluding employees of Poshmark Inc (“Poshmark”), its group companies, its agents or anyone professionally connected with this Promotion and any member of their respective immediate families.
- Other requirements: No purchase is necessary to enter the Promotion. However, in order to enter the Promotion, you must have an Internet connection and a Poshmark account.
- Promotion period: Entry for the Promotion opens on 6am BST 01/09/2023 and closes on 11:59pm BST 01/09/2023 (the “Promotion Period”). Entries received after the Promotion Period will not be eligible to win a prize.
- ENTRY TO THE PROMOTION
- How to Enter: To enter the Promotion, complete the following steps during the Promotion Period.
STEP 1: Log into your Instagram account via a web-enabled mobile device (if you are not already a member of Instagram, download and install the free Instagram mobile application on your web-enabled mobile device and register for a free Instagram account).
STEP 2: Follow Poshmark UK (@poshmarkuk).
STEP 3: Click on the Instagram post relating to the Sweepstakes (the “Post”), which will be posted on Poshmark UK’s Instagram feed (@poshmarkuk) and comment, tagging a friend’s Instagram account.
You may unfollow @poshmarkuk at any time, provided that in order to be eligible, you must be following @poshmarkuk on Instagram at the end of the Sweepstakes Period and through the Selection Date.
2.3 Satisfaction of Entry Criteria: Poshmark will allow only those entries that meet all of the above criteria, in Poshmark’s sole discretion. Poshmark reserves the right, in its sole discretion, to disqualify any entries which Poshmark determines at any time in its sole judgment to fail to meet any of the requirements set out in these Terms and Conditions.
2.4 Entering Online: To enter the Promotion online without completing the steps above, access a digital entry form by clicking the Online Entry Form available here 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 Poshmark account, enter your date of birth, and select the applicable Promotion). You must submit the completed digital entry form within the Promotion Period. Entries that are not complete or do not adhere to these Terms and Conditions or the Terms of Service will result in disqualification.
2.5 Multiple Entries: Individuals may enter more than once; however, each individual may only win one prize.
- THE PRIZES
- Details of Prize: Five (5) winners will receive £50 Posh Credit. The actual number of prizes awarded is based on the number of eligible entries received.
3.2 Posh Credit. Any Poshmark credit (“Posh Credit”) awarded as a prize will be awarded in the winner’s local currency and will be automatically credited to a winner’s Poshmark account within five (5) days following winner’s confirmation of the prize. Posh Credit can be used to make purchases on Poshmark’s website. Use of Posh Credit is subject to the additional terms and conditions of the Terms of Service. Please note that any credit or vouchers issued as a prize must be used by the stated expiry date. Poshmark is not responsible for expired vouchers.
3.3 No cash alternative. Prizes are non-transferable and cannot be resold. Poshmark reserves the right to substitute an alternative prize of equal or greater value. No other substitution, cash equivalent or transfer of prizes permitted. Unless otherwise agreed in writing by Poshmark, the prize will only be awarded to the winner. Poshmark is responsible only for prize delivery and not responsible for prize utility, quality, what the prize is used to purchase, or otherwise.
- Winner Selection: 5 winners will be selected at random from all eligible entries on 5/9/2023 by a randomised computer programme. The time of entry will be deemed to be the time the entry is received by Poshmark.
- Winner Notification: Depending on method of entry, winners will be notified: (a) via email to the email address associated with their Poshmark account or the email address submitted with the digital entry form; or (b) by direct message on social media if the Promotion permitted entry via social media, in each case within five (5) days following the winner selection. Winners will be given details of how to claim their prize. Unless stated otherwise, the prize(s) will be delivered within thirty (30]) working days from valid acceptance of the prize.
- Reserve Winners: Poshmark will take reasonable steps to notify prize winners based on the details provided by participants. Poshmark shall have no liability for a winner’s failure to receive notices, 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. If the selected winner cannot be contacted, is ineligible, fails to claim the prize within [three (3)] days of being notified by Poshmark, or fails to return a completed and executed declaration and/or release as required by Poshmark, the prize may be forfeited and Poshmark may select an alternate winner.
- Authorised Users: In the event of a dispute as to the identity of a winner based on an email address or social media account, the winning entry will be deemed to be made by the authorised account holder of the email address or social media account, respectively at time of entry. “Authorised account holder” is the natural person who is assigned an email address by an Internet service provider or other organisation responsible for assigning email addresses for the domain associated with the email address in question.
- Prohibited Entries: No entries from agents, third parties, syndicated entries or those made using methods such as a computer macro, script or the use of automated devices are permitted and no bulk entries. No illegible, forged, or altered entries will be accepted.
- Expenses: All costs and expenses not included within the prizes will be the responsibility of the winner(s).
- Poshmark Rights: Poshmark reserves the right at any time, in its absolute discretion, to:
- verify the eligibility of any participant (including their age and place of residence);
- disqualify any participant found to be abusing or tampering with the operation of the Promotion or entering using fraudulent means, or who Poshmark believes to have acted in breach of these Terms and Conditions; and
- disqualify participants who do not give correct contact details or those who make an entry on someone else’s behalf.
5.4 Intellectual Property: By participating in the Promotion and, where applicable, submitting any content in connection with the Promotion (“Content”), you represent and warrant that you have the right to grant, and do hereby grant, to Poshmark the paid-up, royalty-free, perpetual, irrevocable, sublicenseable, exclusive right and licence (i.e. permission) 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 (including without limitation on Poshmark’s publicly accessible website(s) and social media channels 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) waive and agree not to assert (and warrant that any individuals featured any content provided by an entrant do not assert) any moral rights (or similar or equivalent rights in anywhere in the world, including image rights) in and in connection with any Content. For the avoidance of doubt, you represent and warrant that you will not use the Content for any purposes other than submitting it to Poshmark in accordance with these Terms and Conditions.
5.5 Content: You warrant that the Content is original, lawful and not misleading and that 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. Under no circumstances will Poshmark be required to treat such Content as confidential. Poshmark will not be liable to you or any other person for any ideas for Poshmark’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 Poshmark products or services. Where lawful, the winner(s) and other participants may be required to sign and return a Publicity Consent and Liability Release.
5.6 Indemnity: You agree to indemnify and reimburse Poshmark for any costs and losses it or its group companies incur in respect of any third party claims arising out of or in connection with your breach of these Terms and Conditions.
- Where the Promotion permits entry via social media, the Promotion is not in any way sponsored, endorsed or administered by, or associated with Facebook, YouTube, Instagram, TikTok, Snapchat or any other social media platform as applicable (each a “Platform”). Participants acknowledge that no Platform shall have any liability to any participants in connection with the Promotion. Participants understand that any information provided in respect of the Promotion is to Poshmark and not to a Platform.
- Subject to paragraph 6.3, if Poshmark fails to comply with these Terms and Conditions, it will be responsible for loss or damage participants suffer that is a foreseeable result of Poshmark’s breach of these Terms and Conditions. Poshmark is not responsible for any loss or damage that is not foreseeable.
- Poshmark shall not be liable for: (i) any failure to comply with these Terms and Conditions as a consequence of events beyond its reasonable control including without limitation, any failure of communication networks; (ii) any loss of profits, loss of reputation, loss of goodwill, loss of revenue or other economic loss or any indirect or consequential loss; and/or (iii) any delay, damage, or loss in transit of prizes.
- Except as otherwise required by applicable law, Poshmark accepts no responsibility or liability for any entry or claim which for technical or other reasons is unsuccessful, incomplete, lost, late, damaged, corrupted or misdirected.
7.1 Any decision of Poshmark in respect of the Promotion is final. For questions regarding the Promotion, email email@example.com.
- Poshmark reserves the right to extend, withdraw, alter, or suspend the Promotion or to amend these Terms and Conditions at any time if circumstances beyond its control make this unavoidable.
- By entering the Promotion each participant gives Poshmark permission to publish their surname and county of residence if they are a winner of one of the prizes unless the participant notifies Poshmark that they do not wish us to make these details available. Please note that Poshmark will nonetheless be required to provide the names of all prize winners to the Advertising Standard Authority if requested to do so.
- Each winner agrees to take part in reasonable publicity as may be required by Poshmark in respect of the Promotion.
- Any images are an illustrative example and do not show the exact prize(s).
- If any provision, or part of a provision, of these Terms and Conditions is found by any court or authority of competent jurisdiction to be illegal, invalid or unenforceable, that provision or part-provision will be deemed not to form part of these Terms and Conditions and the legality, validity or enforceability of the remainder of the provisions of the Terms and Conditions will not be affected, unless otherwise required by operation of applicable law.
- The Promotion and these Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with English law and participants can bring legal proceedings in respect of the Promotion and these Terms and Conditions in the English courts. Participants living in Scotland will also benefit from any mandatory provisions of Scottish law and can bring legal proceedings in respect of the Promotion and these Terms and Conditions in either the Scottish or the English courts.
- The promoter is Poshmark Inc whose registered office is at 203 Redwood Shores Pkwy floor 8, Redwood City, California 94065, USA