#POSHSTYLE INSTAGRAM GIVEAWAY
NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
Information Contained in Entry: By submitting an entry, each Sweepstakes entrant warrants and represents to Sponsor that the information contained in the entry is true and correct in all material respects and that Sponsor may rely on such information in its efforts to comply with applicable laws and regulations. By submitting content to the Sponsor in connection with the Sweepstakes, 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, non-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. 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 from and against any breach of this warranty. Under no circumstances will the Sponsor be required to treat such content as confidential. The Sponsor will be entitled to use the content in accordance with this Section without permission from or compensation to the entrant or any other person. For the avoidance of doubt, the Sponsor will not be liable to the entrant or any other person for any ideas for the 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 the Sponsor.
2. WINNER SELECTION: Every Monday afternoon during the Promotion Period two (2) winners will be selected in a random drawing from among all eligible entries received for the previous week’s sweepstakes. Drawing will be conducted by Poshmark whose decisions are final. Odds of winning will depend upon the total number of eligible entries received each week.
3. PRIZES AND APPROXIMATE RETAIL VALUE: Beginning September 9, 2013 at 12:00 p.m. (PT) through September 16, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Beginning September 16, 2013 at 12:00 p.m. (PT) through September 23, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Beginning September 23, 2013 at 12:00 p.m. (PT) through September 30, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Beginning September 30, 2013 at 12:00 p.m. (PT) through October 7, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Beginning October 7, 2013 at 12:00 p.m. (PT) through October 14, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Beginning October 14, 2013 at 12:00 p.m. (PT) through October 21, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Beginning October 21, 2013 at 12:00 p.m. (PT) through October 28, 2013 at 11:59 a.m. (PT), two (2) winners will each receive a $50 Poshmark credit deposited directly into their Poshmark accounts (approximate retail value: $50 per winner).
Total approximate retail value of all prizes: $700.
4. WINNER NOTIFICATION: Each of the weekly winners will be notified within five (5) days of each drawing via the email associated with their Poshmark account. If any potential winner selected does not respond within five (5) days of notification, or the prize or prize notification is returned as undeliverable, the prize will be forfeited and an alternate winner will be chosen. Winner’s List: For winners’ names, send a separate self-addressed, stamped envelope to Poshmark #PoshStyle Sweepstakes, Poshmark, Inc., 1350 Willow Road Suite 101, Menlo Park, CA 94025 by January 28, 2014
5. ENTRIES: There is no limit to the number of entries, but each entry must be different and uploaded separately, per email address, per weekly #PoshStyle Instagram Sweepstakes (collectively referred to as the “Promotion”). Proof of submission does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address associated to the Poshmark account. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
6. ELIGIBILITY: Open to legal residents of the Continental United States, who are ages 13 and older at the time of entry. If the entrant is under 18 years old at the time of entry, he or she may only enter with the approval of a parent or guardian. All prizes won by minors will be awarded to their parents or legal guardians on their behalf. Void where prohibited by law. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same household of each such employee) are not eligible.
7. CONDITIONS OF PARTICIPATION: Entrants must have valid email address and it is entrant's responsibility to update Sponsor of any change in email address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded "as is" with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Winners (and parent or legal guardian if winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within five (5) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner's name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsor and Instagram, and their respective advertising and promotion agencies, parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees (the “Released Parties”) harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
Application of Rules: By entering the Sweepstakes, each entrant warrants that he or she has read and agrees to abide and be bound by these Official Rules and that he or she is not prohibited from participating in the Sweepstakes. Entrant agrees that Sponsor shall retain full authority, in its sole discretion, to interpret and administer these Official Rules, and to be bound by all decisions and interpretations made in good faith by Sponsor.
Indemnification: Each Sweepstakes entrant agrees to indemnify and hold harmless the Released Parties from and against any loss, damage or expense (including court costs and attorneys’ fees) that they may suffer or incur as a result or in conjunction or connection with entrant’s participation in the Sweepstakes or any Sweepstakes related activity and/or acceptance and/or use of the prize or any portion thereof.
8. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
9. DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in San Francisco, CA, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California State law, without reference to California’s choice of law rules, governs the Promotion and all aspects related thereto.
10. SPONSOR: The Sponsor of this Promotion is Poshmark, Inc., 1350 Willow Road Suite 101, Menlo Park, CA 94025.