Chico’s – 10 Jolly Days Sweepstakes

CHICO’S
10 JOLLY DAYS SWEEPSTAKES
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR
CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE
RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING
CLAIMS IN A CLASS ACTION FORMAT. THIS SWEEPSTAKES IS IN NO WAY SPONSORED,
ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”) OR
INSTAGRAM.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO
THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE
ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE
SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The Chico’s 10 Jolly Days Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal
residents and physically located within the fifty (50) states in the United States or the District of Columbia and who
are at least eighteen (18) years of age at the time/date of entry. Employees, officers and directors of Chico’s FAS, Inc.,
d/b/a. Chico’s (“Sponsor”), Sponsor’s parent company, Wyng, and each of their respective affiliates, subsidiaries,
advertising and promotion agencies, distributors and other prize suppliers (collectively with Sponsor, the
“Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or
those living in the same household (whether legally related or not) of each are not eligible to enter the Sweepstakes or
win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents,
legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household
shall mean people who share the same residence at least three (3) months a year, whether legally related or not. Void
where prohibited by law. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to
comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these
Official Rules and its exercise of discretion, which will be final and binding in all respects.
2. Entry Periods. The Sweepstakes consists of ten (10) separate and independent entry periods (each an “Entry
Period”), covering the ten days of the Sweepstakes. All individuals must enter during the start time/date and the end
time and date (December 1, 2021 through December 10, 2021) to be eligible for the corresponding drawing and prize
being awarded for that day. Additionally, non-winning entries from one (1) Entry Period will not carry over to
subsequent Entry Periods.
3. How to Enter. To participate and enter this Sweepstakes, individuals must enter via the Wyng sweepstakes landing
page. Entrant must complete and submit the entry form with all required information for the entry to be eligible. Limit
of one (1) entry per person, per Entry Period (i.e., one (1) entry per day) will be accepted. Entrants can earn an
additional entry for each friend they refer if that friend also enters the Sweepstakes. Subsequent attempts made by the
same individual to submit multiple entries by using multiple or false contact information, accounts or otherwise may
result in the entrant being disqualified. Entries generated by a script, computer programs, macro, programmed, robotic
or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete,
illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in
compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute
discretion. Entries submitted by entrants who do not meet the eligibility requirements (including all requirements with
respect to age and residence) are void. All materials submitted become the physical property of Sponsor and will not
be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the
registered account holder of the email address associated with the entry or social media account for the domain
associated with the submitted address provided that person is eligible. Winners may be required to show proof of
being the registered account holder. Registered account holder is defined as the person assigned to an email address
by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses.
In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to
Sponsor’s satisfaction, the affected entry will be deemed ineligible. The Sponsor’s designated database clock will be
the official timekeeper for this Sweepstakes. Those who do not follow all of the instructions, provide the required
information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
The Sweepstakes Entities may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.
Entry into one (1) day, contest or sweepstakes does not constitute entry into any other.
4. Winner Selection and Prize Claiming. There will be one (1) winner selected for each Entry Period for a total of
ten (10) winners selected in this Sweepstakes. The potential winners will be selected through a random drawing on or
about each date set forth above from all eligible entries received in accordance with these Official Rules. Sponsor will
have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of
selection of the winner(s). Decisions of the Sponsor as to the selection of the winner(s) will be final. The potential
winners will be notified using the information provided during entry by any of email, telephone or mail (method to be
selected by Sponsor in its sole discretion) in a commercially reasonable time after the drawing. The Sweepstakes
Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is
deemed to have occurred immediately upon sending of an email, placing of a phone call, one (1) day after sending via
a delivery service or two (2) days after mailing. A potential prize winner who provides a P.O. Box may be required to
provide an alternative address and this may cause a delay in notification and acceptance so use of a P.O. Box is
discouraged. The Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a
result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive
email messages. Each potential winner may be required to submit an affidavit of eligibility / release of liability / prize
acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at
notification before being eligible to receive his or her prizes. If any potential prize winner fails or refuses to sign and
return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as
rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner
may be disqualified, and an alternate may be selected. Non-compliance shall result in disqualification and award of
the prize(s) to an alternate winner. If any potential prize winner is found to be ineligible, or if he or she has not
complied with these Official Rules, or if the potential prize winner declines a prize for any reason prior to award, such
potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona
fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these
Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available
may be selected in a random drawing from among all persons making purportedly valid claims for such prizes.
Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The
Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected,
or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or
unsuccessful efforts of potential winner to provide signed parental or guardian consent.
5. Odds. Odds of winning will depend upon the total number of entries received for each applicable Entry Period.
6. Prizes and Values. The prizes to be awarded in this Sweepstakes for each Entry Period are as follows:
DAILY ENTRY PERIODS AND DRAWINGS
Entry Period Daily Entry Period Prize and Value
Entry Period 1
December 1, 2021 –
9:00 AM ET
5 Soma Cool Nights PJ Sets – $350
Cool Nights Eye Mask – $10
$250 Soma Gift Card
$150 Chico’s Gift Card
Estimated Bundle Amount: $760
Entry Period 2
December 2, 2021
Chico’s Holiday Collection Outfit – 2-3 pieces ranging
between $600-398 in value
Chico’s Jewelry Set ~$200
$100 Chico’s Gift Card
$150 Laura Geller Gift Card
Estimated Bundle Amount: $851-$1,059
Chico’s Jacket $249
Entry Period 3
December 3, 2021 Pair of Chico’s Gloves and Hat $90
Chico’s Scarf $80
$300 Chico’s Gift Card
Estimated Bundle Amount: $719
Entry Period 4 December 4, 2021
Chico’s Holiday Collection Outfit – 2-3 pieces ranging
between $600-398 in value
Chico’s piece $100 or less
$250 WHBM Gift Card
Estimated Bundle Amount: $748-950
Entry Period 5
December 5, 2021
3 No Iron Pieces $357
2 pairs of Juliet Pants $198
$200 Chico’s GC
Estimated Bundle Amount: $755
Entry Period 6
December 6, 2021
3 Zenergy Collection Pieces ~$348
Annual Clean Plates Membership $109
$200 Grocery Store Gift Card (Whole Foods)
Pressure Cooker ~$100
Estimated Bundle Amount: $758
Entry Period 7 December 7, 2021 3 Travelers Collection Pieces ~$497
$200 Chico’s Gift Card
Harry & David Gift Box ($95) + $75 Harry & David Gift
Card
Estimated Bundle Amount: $867
Entry Period 8 December 8, 2021 Chico’s Holiday Collection Outfit ~$600-398
Chico’s Jewelry Piece – $100 or less
$200 Chico’s Gift Card
$150 Silvon Home Gift Card
Estimated Bundle Amount: $848-1,050
Entry Period 9 December 9, 2021 Chico’s Sweater ($199)
Pair of Chico’s Embellished Denim ($189)
Chico’s Christmas Ornament ($25)
Chico’s Jewelry Set – ~$209 (includes necklace,
bracelet, earrings
$150 Sand + Fog Candles E-Gift Card
Estimated Bundle Amount: $773
Entry Period
10
December 10, 2021 $2,000 Chico’s Gift Card
Each day of the Prize Period we will be giving away separate prizes. Each winner will receive the prizes for that
day. Value of all ten (10) days have a combined total of $9,691.00 in Prizes over the Prize Period.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and
absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and
absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and
in the event that Sponsor is unable to provide the winner with his or her prizes, the Sponsor may elect to provide
winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value.
All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation,
any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible
for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless
of whether they, in whole or in part, are used. The approximate retail value (“ARV”) of the prizes is based on available
information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as
required by law. The winners may be required to provide Sponsor with a valid social security number before the prizes
will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winners, or if a minor in
the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s)
received. Unclaimed prize(s) will be forfeited. Prizes, if legitimately claimed, will be awarded. The Sweepstakes
Entities are not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable
or does not reach the winner because of an incorrect or changed address. If a winner does not accept or use the entire
prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Entities will have no further
obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The
Sweepstakes Entities are not responsible for and winner will not receive the difference, in any, between the actual
value of the prize(s) at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related
correspondence or material. Limit of one (1) daily prize per person.
7. Publicity Release. Subject to applicable law, winners irrevocably grant the Sweepstakes Entities and each of their
licensees, and its and their successors, assigns and sub-licensees, the right and permission to use their name, voice,
likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the
Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with
related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in
perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.
8. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in
connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere
with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering
with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption
or damage may be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and
absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible
consequences, including disqualification from any and all existing and future sweepstakes. ANY ATTEMPT BY A
PERSON TO DAMAGE ANY WEBSITE (INCLUDING ANY SOCIAL MEDIA PLATFORM OR APPLICATION)
OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF
CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE
RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON
TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion,
to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these
Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to
annoy, abuse, threaten or harass any other person.
9. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes
by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor
dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions,
riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes
by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or
jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence),
Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves
the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond
Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the
Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the
operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike
manner.
10. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrant agrees to release, discharge,
indemnify and hold harmless the Sweepstakes Entities and Facebook, and each of their respective directors, officers,
employees, agents, successors and assigns (collectively, “Released Parties”), from and against any and all claims,
liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and
death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from
any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation,
losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including
those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of
publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of
intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or
announcement of any Sweepstakes activity and/or prize. Without limiting the generality of the foregoing, entrants
agree that the Released Parties have neither made nor will be in any manner responsible or liable for any warranty,
representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with
respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose. Entrants agree
and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect
or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone
network, computer online system, computer dating mechanism, computer equipment, software, or Internet service
provider utilized by Sponsor interruption or inability to access the website, application or any online service via the
Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s)
computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data
transmissions, omissions, interruptions, viruses, bugs, defects; and/or any other errors or malfunctions, even if caused
by the negligence of the Released Parties. Each entrant further agrees to indemnify and hold harmless the Released
Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring
any claim, action or proceeding against Released Parties and hereby acknowledge that the Released Parties have
neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or
implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize supplier that
may be sent along with a prize. The Released Parties are not responsible for any changes or unavailability of the social
media platform used for purposes of administering this Sweepstakes that may interfere with the Sweepstakes
(including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the social media platform for
the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive
notices or communicate with Sponsor via the social media platform, in which case Sponsor, in its sole discretion, may
terminate or modify the Sweepstakes.
11. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant
gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the
purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules. Participants
agree to the release of their name and email to third parties who will be providing prizes. Any information entrant
provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes
winner’s list. Any information entrant provides to Sponsor may be used to communicate with entrant in relation to
this Sweepstakes or on a Sweepstakes winner’s list. Information collected from entrants is subject to Sponsor’s Privacy
Policy, available at https://www.soma.com/store/page/privacy-policy/57.
12. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the
Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal
laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would
cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY
APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF
OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED
INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS,
JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS
INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’
FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE
PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY
WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES
NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR
OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY
DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR
EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF
LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided,
however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Lee
County, Florida, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and
review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on
the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim,
suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration
before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor
to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a
“Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration
Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is
required, then it will take place in Lee County, Florida. The federal or state law that applies to these Official Rules
will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be
consolidated with any other proceedings that involve any claims or controversy of another party, including any class
actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or
unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent
jurisdiction in Lee County, Florida. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct
the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either
party may, notwithstanding this provision, bring qualifying claims in small claims court.
14. List of Sweepstakes Winners. To receive a list of winners, send a stamped, self-addressed envelope, within sixty
(60) days of expiration of last the Entry Period, to: “Sweepstakes Winners List”, Chico’s, 11215 Metro Parkway,
Building 3, Ft. Myers, FL 33966 (Attn: Social Marketing). Please indicate which Sweepstakes winners list you are
requesting by referencing the name of the Sweepstakes in your request.
15. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will
not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or
the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in
effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained
herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.
Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of
reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision
hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any
Sweepstakes-related materials, privacy policy or terms of use on any website, social media platform or application
and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the
discrepancy will be resolved in Sponsor’s sole and absolute discretion.
16. Identification of Sponsor. This Sweepstakes is sponsored by Chico’s FAS, Inc., 11215 Metro Parkway, Building
3, Ft. Myers, FL 33966.
Reference to third parties in connection with prizes and/or third-party websites or services are for reference
and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with
Sponsor or the Sweepstakes.