12 DAYS OF POOSHMAS 2023 HOLIDAY GIVEAWAY
Poosh Holiday Mailer Giveaway Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST 18 YEARS OLD.
VOID IN PUERTO RICO AND ALL JURISDICTIONS OTHER THAN THOSE STATED ABOVE AND WHERE PROHIBITED OR RESTRICTED BY LAW.
- Sponsor
Poosh, LLC, 21731 Ventura Blvd., Suite 300, Woodland Hills, CA 91364 (“Sponsor”).
- Eligibility
The Poosh Holiday Mailer Giveaway (the “Giveaway”) is open only to legal residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older at the time of entry. Void where prohibited or restricted by law.
The following individuals are not eligible to enter or win a prize: employees, representatives, agents, directors, and officers of the Sponsor, its parents, subsidiaries, affiliated companies, and marketing agencies, or of any other parties involved in the administration of the Giveaway (Sponsor, collectively with the foregoing, the “Giveaway Parties”) and each of the immediate family members of such excluded individuals (i.e., spouses, parents, children, siblings and the “steps” of each) and all persons living in the same household of each. By participating in this Giveaway, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor, which shall be final in all matters relating to the Giveaway.
- Giveaway Entry Period
The Giveaway begins on [November 29th] at 9:00:01 AM PST and ends on [December 1st], at 8:59:59 AM PST (“Entry Period”). Sponsor’s computer is the official time keeping device for the Giveaway.
- How to Enter
NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE.
You may use the following method to enter the Giveaway.
- STEP 1: Sign up for the Poosh newsletter by visiting www.shop.poosh.com, clicking on “Keep in Touch” at the top of the page, then select the envelope icon to access the newsletter sign-up page. Provide your birthdate and email address as requested. You will then be prompted to enter your cell phone number for SMS. If you’re already subscribed to both email and SMS, simply register for the giveaway by following the same steps.
- STEP 2: Follow the link to the Giveaway registration page (“Giveaway Registration Page”) included in a Poosh e-newsletter sent during the Entry Period to sign up for the Giveaway.
- STEP 3: Follow the instructions on the Giveaway registration page.
You may receive a maximum of one (1) entry in the Giveaway.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate, as determined by the Sponsor, in its sole discretion, these entry requirements or do not meet the entry deadlines will be disqualified from the Giveaway.
- Odds of Winning
Odds of winning depend on the number of eligible entries received.
- Winner Selection and Notification
One (1) entrant will be selected as the winner.
On or about December 1st, Sponsor will select the winner based on a random drawing from all eligible entries received during the Entry Period. Sponsor will attempt to notify the winner via the email address provided in the registration form for the Giveaway.
In the event of a dispute as to any entry, the authorized account holder of the e-mail account used to enter the Giveaway will be deemed to be the entrant. A potential winner may be required to show proof of being the authorized account holder.
The winner is subject to verification, including verification of age and residency.
If a winner (i) is determined to be ineligible or otherwise disqualified by Sponsor, (ii) fails to respond to Sponsor’s first winner notification message within 48 hours of notification or after two (2) attempts (whichever occurs first), (iii) fails to timely provide any information requested by Sponsor (e.g., information needed by Sponsor to deliver the prize) or timely execute and return any documents required by Sponsor, the winner will be disqualified and forfeit all interest in the prize. If the winner is disqualified, Sponsor reserves the right to select a substitute winner or not award the unclaimed prize.
- Prizes and Prize Claims
One (1) winner will win [Holiday Gift Set]: (ARV US $3,541.12). The total ARV of all prizes offered in this Giveaway is US $ARV TOTAL PRICE: [$3,541.12]
- One (1) Steele Canvas Large Black Canvas Storage Bin (ARV $69.95)
- One (1) Steele Canvas Tall Black Canvas Storage Bin (ARV $89.95)
- Two (2) SmartSweets Peach Rings (ARV $11.80)
- Two (2) SmartSweets Sweet Fish (ARV $11.80)
- Two (2) SmartSweets Sour Blast Buddies (ARV $11.80)
- One (1) SmartSweets Sourmelon Bites (ARV $5.90)
- One (1) Ulike Holiday Gift Set (ARV $329.00)
- One (1) Biotyspa Body Sculpt Kit (ARV $135.00)
- One (1) Visp The Elixir Mixer- Matcha Green (ARV $88.00)
- One (1) Oura Ring Gen 3 – Horizon Gold (ARV $499.00)
- One (1) Blue Air Mini Max (ARV $69.99)
- One (1) Free People Movement Hit The Slopes Fleece Jacket (ARV $128.00)
- One (1) Free People Movement In a Bubble Puffer Jacket (True Blue) (ARV $198.00)
- One (1) Anima Mundi Golden Sun Milk (ARV $34.00)
- One (1) Anima Mundi Golden Moon Milk (ARV $36.00)
- One (1) Eberjey Iconic Gisele Long Pajamas (ARV $138.00)
- One (1) JBL Authentic 200 Speaker (ARV $349.99)
- One (1) Staub Cast Dutch Oven 5 QT (ARV $369.99)
- One (1) Savannah Bee Company Winter White Honey (ARV $18.00)
- One (1) Savannah Bee Company Pumpkin Spice Whipped Honey (ARV $22.00)
- One (1) Savannah Bee Company Sunflower Honey (ARV $22.00)
- One (1) Cozy Earth Waffle Bath Robe (ARV $170.00)
- One (1) Cozy Earth Waffle Bath Towels (ARV $120.00)
- One (1) Cere’ Enchantment Gel (ARV $67.00)
- One (1) Cere’ Spellbound Stimulator (ARV $117.00)
- One (1) Lands’ End Gingerbread Needlepoint Personalized Christmas Stocking (ARV $39.95)
- One (1) Thistle Farm Feast Tea Towel (ARV $18.00)
- One (1) Wrappr Esmerald 35’ Furoshiki Gift Wrap (ARV $80.00)
- One (1) Wrappr Blush 35’ Furoshiki Gift Wrap (ARV $21.00)
- One (1) Wrappr Deeper 50’ Furoshiki Gift Wrap (ARV $120.00)
- One (1) Shikiwrap Bright Red 36’ Fabric Gift Wrap (ARV $20.00)
- One (1) Shikiwrap Bright Red 18’’ Fabric Gift Wrap (ARV $20.00)
- One (1) Shikiwrap Christmas Tree and Stars “28” Gift Wrap (ARV $11.00)
- One (1) Mark & Graham 5 Piece Block Printing Packing Cubes (ARV $99.00)
The winner is subject to verification of eligibility, including verification of age and residency, and winning is contingent upon fulfilling all requirements of these Official Rules. The prize is non-transferable and cannot be redeemed or exchanged for cash. No prize substitution is permitted, except at the sole discretion of the Sponsor. If a prize or component of the prize is unavailable or cannot be awarded for any reason, Sponsor reserves the right in its sole discretion to substitute a prize or component with one of comparable or greater retail value.
The value of the prize may be taxable as income, and the winner is solely responsible for any taxes relating to the prize received, including, but not limited to, all applicable federal, state, and local taxes if applicable. The winner will be required to provide his or her valid social security number to Sponsor for tax reporting purposes. Sponsor will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one-year period to the Internal Revenue Service. The winner will receive a Form 1099 from Sponsor if Sponsor reports any winnings to the Internal Revenue Service.
In the event of a dispute regarding the identity of the individual entering the Giveaway or of the winner of the prize, the authorized account holder of the email account associated with the email used to participate in the Giveaway will be deemed to be the entrant and must comply with these Official Rules. Authorized account holder means the natural person who is assigned to the account by the email provider. Any questions regarding the authorized account holder of an email account shall be determined by Sponsor in its sole discretion.
- Publicity
Except where prohibited by law, by accepting a prize, the winner hereby grants Sponsor and its representatives an irrevocable, perpetual, worldwide, royalty-free, non-exclusive and sub-licensable right and license to use, distribute, and publicly display the winner’s name and information about the prize award, in any way, at any time, in any and all media, including without limitation, for use in advertising and marketing, without any additional approval or consideration. By accepting a prize, the winner represents and warrants that he or she has the right to grant the foregoing license.
- Limitations of Liability of Giveaway Parties
The Giveaway Parties assume no liability and are not responsible for, and by entering the Giveaway you hereby waive and release the Giveaway Parties, any actions, claims, damages, losses or injuries of any kind (collectively “Claims”) arising in connection with the Giveaway and/or the receipt, use or misuse of any prize, including without limitation, Claims relating to: (i) the malfunction of any computer, telephone, network, satellite, hardware, software or communications line; (ii) unauthorized human intervention; (iii) incorrect, delayed or inaccurate transmission, winner notifications, prize claims or other information or communications relating to the Giveaway, or the failure to capture or transmit any such information; (iv) damage to any person’s computer or mobile device; or (v) any errors in these Official Rules, winner notifications or other announcements or communications relating to the Giveaway, including but not limited to any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Giveaway Parties.
Furthermore, the entrant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California and does so, understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Giveaway Parties, entrant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which entrant does not know or suspect to exist in entrant’s favor at the time of execution hereof and that this release contemplates the extinguishment of any such claim or claims. Entrant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
In the event of any ambiguity or error(s) in these Official Rules, Sponsor reserves the right to clarify or modify these Official Rules however it deems appropriate to correct any such ambiguity or error(s). If due to an error or for any other reason, more legitimate prize claims are received than the number of prizes stated in these Official Rules, Sponsor reserves the right to award only a single prize from a random drawing of all eligible entries. In no event will more than the stated number of prizes (i.e., one prize) be awarded.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THIS GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND PURSUE ALL OTHER REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
- Sponsor’s Reservation of Rights
If the Giveaway is not practically capable of running as planned for any reason outside the control of the Sponsor, including without limitation, due to a force majeure event or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, government orders, natural disasters, the effects of COVID-19 or any pandemic or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Giveaway, Sponsor reserves the right, at its sole discretion, to modify, suspend, or cancel the Giveaway. In the event of cancellation, Sponsor reserves the right to select a winner from a random drawing of all non-suspect, eligible entries submitted as of the time of cancellation.
- Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, the rights and obligations of entrants and the winner, and the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. If any provision of these Official Rules is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
- Privacy
Any personally identifiable information collected during an entrant’s participation in the Giveaway will be collected and used by Sponsor and its designees for the administration and fulfillment of the Giveaway and as otherwise described in these Official Rules and Sponsor’s privacy policy available at https://poosh.com/privacy/.
- Winner List
For the name of the winner, send an email to [email protected] with “Poosh Holiday Mailer Giveaway” in the subject line. Requests must be received no later than sixty (60) days after the end of the Entry Period.
14. Sponsor
Poosh, LLC
440 N Barranca Avenue, #6225
Covina, California 91723