Soma – Free Bras For A Year – Win one (1) Soma bra of their choice

SOMA Free Bras for a Year Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A
purchase or payment of any kind will not increase your chances of winning. The SOMA Free
Bras for a Year Sweepstakes (“Sweepstakes”) begins at 9:00 AM Eastern Time (“ET”) August
14, 2020 and ends at 11:59 PM ET August 17, 2020 (the “Sweepstakes Period”). The
Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal,
state and local laws. Void where prohibited by law. This Promotion is not sponsored by or
endorsed by Facebook.
1. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) United States and
D.C., aged eighteen (18) years or older at the time of entry. Employees, officers and directors of
Chico’s FAS, Inc., d/b/a Soma (“Sponsor”), Sponsor’s parent company, affiliates, subsidiaries,
advertising and promotion agencies (collectively with Sponsor, the “Sweepstakes Entities”), as
well as the immediate family members and 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, siblings,
and children. By participating in the Sweepstakes, each entrant unconditionally accepts and
agrees to comply with these Official Rules.
2. Sweepstakes Description: The Sweepstakes consists of three prize tiers:
In the First Tier, ten (10) winners will each receive (1) Soma® brand bra of their choice;
In the Second Tier, five (5) winners will each receive six (6) Soma® brand bras of their
choice (one bra received each month for six months); and
One (1) Grand prize winner that will win the “Free Bras for a Year” Grand Prize
consisting of twelve (12) total Soma® brand bras over one year (one bra received each
month for twelve months). To enter for a chance to win the Grand Prize you are required
to take an additional step, as described in paragraph 3 below.
2. How to Enter. To enter the Sweepstakes, you will need a Facebook account (“Facebook
Account”). If you don’t have a Facebook Account, visit www.facebook.com to see how to create
a Facebook Account. Then log into your Facebook Account and follow these steps:
o Visit the Soma Facebook Page at https://www.facebook.com/SomaIntimates/ and follow
the directions to enter the Sweepstakes. You will be asked to provide your full name,
mailing address (no P.O. Boxes allowed), email address, and phone number (optional).
o You must complete and submit the entry form with all required information for the entry
to be eligible. By completing and submitting the entry form, you will be entered into all
three prize tier drawings.
o To get additional entries for a chance to win the Grand Prize of Free Bras for a Year, you
must also tell a friend that you have entered the Sweepstakes via the Share Method of
Entry described below. Once you fill out and submit your entry form, share the entry with
a friend via the entry website (the “Share Method of Entry”). If the friend receiving the
Share Method of Entry also enters the Sweepstakes you will receive an additional
entry into the Grand Prize Drawing.
o Limit one (1) entry per person, unless earned via the Share Method of Entry outlined
above. There is no limit on the number of entries you can receive via the Share Method
of Entry. Each friend you refer via the Share Method of Entry provides you an additional
entry to the Grand Prize Drawing.
3. Entry Terms and Conditions. Any attempt to submit multiple entries by any means may
result in the entrant being disqualified. Entries generated by bots, programs or any other means
intended to circumvent the entry restrictions or fair play of the Sweepstakes are void and may
be disqualified. Entries that are fraudulent, damaged, lost, late, or otherwise not in compliance
with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s discretion. All
entries 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. 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.
Sponsor will have complete discretion over interpretation of the Official Rules, the administration
of the Sweepstakes, and the selection of the winner(s). Decisions of Sponsor will be final and
binding in all aspects of this Promotion.
4. Winner Selection. On or about August 20, 2020, Sponsor will conduct random drawings for
the potential winners for the Tier One and Tier Two Bra Prizes and the Grand Prize from among
all eligible entries received in accordance with these Official Rules. Limit one (1) Prize per
person. If potential Grand Prize winner wins a Tier One or Tier Two Bra Prize, winner shall
receive the Grand Prize only. If any potential prize winner is found to be ineligible, or if they
have not complied with these Official Rules, such potential winner may be disqualified and an
alternate potential winner may be selected.
5. Winner Notification. Potential winners will be notified using the contact information provided
during entry and will have five (5) business days to respond. Any potential winner who fails to
respond within this time frame will be disqualified, their prize award will be declared void and
forfeit, and another winner will be selected, if this can be accomplished within a reasonable
time, as determined by Sponsor in its sole discretion. The potential winner of the Grand Prize
may be required to submit an affidavit of eligibility and release of liability (collectively, the
“Affidavit”) and return the Affidavit within the time period specified by Sponsor in order to
receive a prize. Notification is deemed to have occurred immediately upon sending of an email,
or placing of a phone call. If any prize notification is undeliverable, or the Affidavit is returned
incomplete, faulty, or is unclaimed or undeliverable to such potential prize winner, such potential
prize winner may be disqualified and an alternate may be selected. Non-compliance with any
Sponsor instructions shall result in disqualification and award of the prize(s) to an alternate
winner. Sweepstakes Entities are not responsible for incorrect or incomplete contact information
and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts
to notify or communicate with potential winners.
6. Odds. Odds of winning depend upon the total number of eligible entries received.
7. Prize Descriptions, Prize Values and Conditions.
Tier One Bra Prizes: Ten (10) winners will each receive one (1) Soma bra of their choice. Brand
exclusions apply.
Tier Two Prizes: Five (5) winners will each receive six (6) Soma bras. One Soma brand bra per
month for 6 months. Brand exclusions apply.
Free Bras for a Year Grand Prize: One (1) Winner will receive twelve (12) Soma bras. One
Soma brand bra per month for 12 months. Brand exclusions apply.
Prize Values: The approximate retail value (“ARV”) of prize will vary based upon quantity
awarded (1, 6 or 12) and bra selected. Retail values range from $30.00 to $62.00 per bra.
Approximate Retail Value of all prizes depends upon winners selections but will range from
$1,560 to $3,120.
Prize Conditions: Prizes are non-transferable, and may not be exchanged or redeemed for cash
except at Sponsor’s discretion. In the event of prize unavailability, Sponsor reserves the right to
provide winners with an alternate prize of comparable or greater value. All prizes are awarded
“AS IS” and without warranty of any kind. Prize winners will be solely responsible for all federal,
state and/or local taxes, and for any other fees or costs associated with the receipt of their prize.
Grand Prize Winner may be required to provide Sponsor with a valid social security number
before the prize will be awarded for tax reporting purposes. Depending on the final value of
Grand Prize winner’s selections, an IRS Form 1099 may be issued in the name of the Grand
Prize Winner, 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. No more than the
stated prizes will be awarded. Limit of one (1) prize per person.
8. 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 and
Sponsor’s goods and services, in all forms of media and by all manners (now and hereafter
known), worldwide, in perpetuity, without any obligation, notice or consideration except for the
awarding of the prizes to the winners.
9. Right to Cancel or Modify. Sponsor shall not have any obligation or responsibility, including
but not limited to the obligation to award a prize to an entrant, arising from (a) entries that
contain inaccurate information, or which violate or do not comply with the Official Rules; (b)
entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible,
damaged or otherwise not received by the intended recipient, in whole or in part, due to
computer, human or technical error of any kind, including but not limited to, inactive email
accounts or entrant’s failure to monitor his/her account; (c) any entrant who has committed fraud
or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone,
electronic, hardware, software, network, Internet or computer malfunctions, failures or
difficulties; (e) inability of a winner to accept the prize for any reason; (f) prize(s) that cannot be
awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather
or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or
losses of any kind resulting from the award, acceptance, possession, use, misuse, loss or
misdirection of any prize, or from participating in this promotion or any promotion or prize related
activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to
be (i) tampering with the entry process or the operation of the Sweepstakes, or with any website
promoting the Sweepstakes; (ii) acting in violation of the Official Rules; or (iii) entering or
attempting to enter the Sweepstakes multiple times through the use of multiple e-mail
addresses or the use of any robotic or automated devices to submit entries. If Sponsor
determines, in its sole discretion, that technical difficulties or unforeseen events compromise the
integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue,
and/or terminate the relevant portion of the Sweepstakes promotion, including the entire
Sweepstakes promotion, and/or modify the Sweepstakes and/or conduct a random drawing to
award the prize using all eligible entries received as of the termination date. Notification of such
action by Sponsor will be posted on Sponsor’s Facebook page.
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, the “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) entrant’s participation in the Sweepstakes;
(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; (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, execution, administration,
selection, operation or announcement of any Sweepstakes activity and/or prize. Entrant agrees
that the Released Parties shall have no responsibility or liability for (a) human error of any kind,
including but not limited to coding errors; (b) incorrect or inaccurate transcription of registration
and/or account information; (c) any malfunction of a network, system, computer, computer
dating mechanism, computer equipment, software, or Internet service provider utilized by
Sponsor; (d) any interruption or inability to access the entry page/website, or other sweepstakes
related application, or any online service via the Internet due to hardware or software
compatibility problems; (e) any damage to entrant’s (or any other person’s) computer and/or its
contents arising from, related to or resulting from any part of the Sweepstakes; (f) any
lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; and (g) 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 entrant’s right to
bring any claim, action or proceeding against Released Parties. 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 placed on Sponsor’s ability to use the social media
platform for the Sweepstakes 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. Any information entrant provides to
Sponsor may be used to communicate with entrant in relation to this Sweepstakes and if
applicable, will be included on the 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. Sponsor and each sweepstakes entrant agree that all disputes will
be resolved or decided on an individual basis and will not be consolidated with any other
proceedings involving the claims or disputes of another party, including any class actions. The
parties further agree to 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 other mutually agreeable arbitration administration service. If an in-person
hearing is required, then it will take place in Lee County, Florida. If for any reason any court or
arbitrator holds that the agreement to arbitrate does not apply, 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 legal,
travel or other costs of entrant to attend the arbitration hearing). Alternatively, in lieu of
arbitration, either party may bring qualifying claims in small claims court.
14. List of Sweepstakes Winners. To receive a list of winners, send a stamped, self-
addressed envelope to: “Free Bras for a Year Sweepstakes Winners List” Soma Intimates, LLC,
11215 Metro Parkway, Building 3, Ft. Myers, FL 33966 (Attn: Social Media Dept.). Request
must be received by September 30, 2020.
15. Miscellaneous. In the event that any provision of the Official 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.
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., d/b/a
Soma, 11215 Metro Parkway, Building 3, Ft. Myers, FL 33966.