These Terms and Conditions Require Binding Arbitration on an Individual Basis to Resolve Disputes and Include a Class Action Waiver. In the Event of a Dispute, You Are Waiving Your Right to Sue in Court. This Agreement Includes a Disclaimer of Warranties and Limitation of Liability That May Apply to You in the Event of a Dispute.
The Love Soma Rewards Program (“Program”) at Soma is designed to show our appreciation for our loyal customers. Members receive exclusive offers and benefits like being the first to know about our newest collections, sales and offers, invites to special events, earning points on your qualifying purchases, Point Multiplier Days, bonus events and more.
By signing up for the Program, participating in the Program, or continuing to use any of the Program Benefits (“Benefits”) you are indicating your acceptance of these terms and conditions (“Rules”) and all future Program Rules (this "Agreement") as a Love Soma Rewards Program member ("Member", "you" or "your"). Soma reserves the right to modify or eliminate the Program, this Agreement and the Rules and to add, eliminate or change Benefits or the structure of this Program at any time and without prior notice. The sponsor of the Program is CHICO'S DISTRIBUTION SERVICES, LLC. ("Soma", or "our", "we", "us").
Employees of Soma, its parents, subsidiaries and affiliated companies (collectively, "Affiliates"), and their immediate families, and others who are eligible for employee-based discounts, or members of any corporate or wholesale account of Soma (or its Affiliates) are not eligible for Membership in the Program and Program Benefits may not be applied towards transactions by such individuals or entities.
Love Soma Rewards is open to U.S. residents only. Unfortunately, International residents are not eligible for Love Soma Rewards. If you are an International resident, you may create an online account, but you will not be enrolled in our loyalty program. There is no fee to join or maintain Membership in the Program. You must be 13 years of age or older to participate in the Program. You may sign up for Love Soma Rewards at any participating Soma boutique or outlet, or by phone at 866.768.7662 or creating an account online at soma.com (“Participating Locations”) by providing your first and last name, valid mailing address, phone number, email address and birth month and day, or by making a purchase at any Participating Location. To receive your benefits online, you must create an account or add your Member number provided to you at the time of sign up to an existing account complete the registration process. Each time you make an online purchase, be sure to log in to your account before checkout to receive Points credit.
The Program does not apply to merchandise purchased from: international locations, certain Soma Boutiques and Outlet locations in the U.S. as may be determined by us from time to time, any third-party locations carrying our products (including, but not limited to, airports), or through third-party websites. Other restrictions may apply.
Please note that email addresses may only be associated with one Love Soma Rewards account at a time. If you are currently sharing an email address with another Member’s account, please contact Customer Service to provide an alternate email address for your account. Duplicate accounts may be cancelled, and all Points or Rewards forfeited, at our discretion and without notice.
You may complete your Membership profile by logging in to soma.com at any time or by visiting a Participating Location. In order to receive all of the Benefits of the Program, you must complete your Membership profile and remain opted-in to receive e-mail and direct mail communications from Soma and our Affiliates.
As a member of the Program, you will earn one (1) Point per $1 spent (outside of Points Multiplier events) on qualifying merchandise purchases at Participating Locations. Points will be calculated based on qualifying merchandise purchases, excluding gift cards, price adjustments on prior purchases, certain merchandise and other exclusions that may apply, after all applicable discounts have been applied (e.g., in store event discounts, coupons, special offers, Reward certificate redemption), and before shipping and/or taxes (“Qualifying Purchases”). In order to earn Points, you must provide your Love Soma Rewards member number, phone number or email address associated with your Membership at time of purchase or sign in using your existing. Accrued Points will be posted to your account within three (3) business days from the time of your in-store purchase or from the date of shipment for purchases made by phone or online. Your Qualifying Purchase amount will be rounded to the nearest whole number for purposes of Points calculation.
Point calculations are based upon dollars spent at checkout on Qualifying Purchases. Points shall expire automatically 365 days from the date they are earned, have no cash value and are not redeemable or transferrable.
If you return any merchandise that is part of a Qualifying Purchase, the corresponding amount of Points earned at the time of purchase will be deducted from your balance. For example, if you made a Qualifying Purchase of $100 and later returned $25 worth of merchandise from that purchase, 25 Points will be deducted from your Points balance. IFurtherf your return includes merchandise that was purchased in whole or in part with a Reward certificate, the Reward certificate value shall be forfeited.
For every 125 Points you accrue, the Points will automatically be redeemed from your account balance to issue you a Reward certificate redeemable for $5 off your next merchandise purchase in Participating Locations. Only six (6) $5 off Rewards may be issued in one month. If you earn more than six (6) $5 off Rewards in a month, the additional Rewards you’ve earned will be banked towards the following month.
Reward certificates will be issued on a monthly basis, either by email or direct mail, and must be used by the expiration date listed on the certificate. The method by which you receive your earned Reward certificates will be determined by your communication preferences. If at any time we do not have a valid email or mailing address on file, Rewards earned during that time will be forfeited.
Rewards are issued as one-time use coupons for discounts off future merchandise purchases and may only be applied to a merchandise purchase equal to or greater than the amount of the sum of the Rewards presented for redemption. Rewards may only be combined with one (1) other coupon or Reward certificate when making a purchase at Participating Locations.
Currently there are three (3) tiers of benefits in the Love Soma Rewards program: Preferred, Gold and Platinum. Upon joining the Program, you will automatically be enrolled at the Preferred tier, unless the total net sale of your initial purchase meets or exceeds $250. Your tier status is based on total net sales made at Participating Locations within each calendar year:
Present your Love Soma Rewards membership number every time you shop in boutiques and outlets in order to earn Points on qualifying merchandise purchases and receive the benefits associated with your tier status. In order to receive all other benefits in addition to your earned Reward certificates, you must have not opted-out of receiving email and direct mail communications.
Preferred Benefits Include:
Gold Benefits Include:
Platinum Benefits Include:
Tier status is determined by your total qualifying net spending on purchases made within each calendar year. Once you reach a new tier, you will immediately become eligible to receive the benefits applicable to that tier. However, your qualifying net spending must meet or exceed the minimum requirements of this tier in order to maintain your status:
Once you reach a specific tier in the Program, you will become eligible to receive the benefits of that tier for the remainder of the current calendar year, as well as the following calendar year so long as your total qualifying net spending does not drop below that tier’s threshold due to returns. Calendar year is defined as January 1 – December 31. With each new calendar year, we will determine your tier status based on your total net sales from the prior calendar year. Your qualifying net spend for the calendar year will start at zero ($0) every January 1.
For example, if your qualifying net spend in Year 1 is equal to $275, you will enjoy the benefits of our Gold tier for the balance of Year 1 and will start Year 2 at Gold. However, if in Year 1 you make a return equal to $50 of your $275 total net sales, your qualifying net spend drops to $225. You will enjoy the benefits of our Gold tier for the balance of Year 1 and will start Year 2 at Preferred tier status.
We will provide you with information via email throughout the year to inform you of your qualifying net sales and your current tier status. When you achieve Gold or Platinum tier status, we will notify you by email and/or direct mail of your new tier and applicable benefits.
In order to receive free standard shipping benefits at soma.com as a Gold or Platinum tier customer, you must sign in and register using your existing Love Soma Rewards membership number. See additional details below.
Earn 375 Bonus Points for each referred new customer. To qualify, you must submit the email address of a friend (who must be a U.S. resident with a U.S. address) that you would like to refer to Love Soma Rewards. If your friend is not already in enrolled, Soma will send your friend an invitation to join Love Soma Rewards. Your friend must use the same email address you provided to register. If your friend then makes a purchase within 180 days of enrollment you will automatically receive 375 Bonus Points at the time of your friend’s first transaction. Bonus Points will not increase tier status. Limit twelve (12) Refer a Friend bonuses per customer per calendar year.
Once you achieve Gold tier status or higher, you will automatically receive Standard shipping (estimated 7-10 days for delivery) free for all purchases made on soma.com for delivery within the continental U.S. Gold and Platinum tier status customers may upgrade to Express or Two Day delivery at a discounted rate. Two Day and Next Day deliveries are not available for P.O. boxes, AP/FPO, military addresses and certain other areas we cannot reach. Not valid outside of the United States.
To be eligible to receive the annual Birthday Gift benefit, you must provide their birth month and day and a valid mailing address, and you must have made a purchase within the past twelve months. The Birthday Gift is not valid on purchases of gift cards, prior purchases, taxes, shipping and certain excluded merchandise.
Each Member is permitted one Love Soma Rewards Program membership (“Membership”) only. Membership is not transferable and may only be used by an individual Member for the Member's personal benefit. Member Benefits cannot be combined with Benefits accrued by another Member. Soma may request proper identification with regard to Program transactions. Member Benefits will not be applied retroactively to any purchases. Other exclusions may apply.
Once your Membership is activated, you are enrolled at Preferred status level and your Qualifying Purchases will start to accrue towards the next status level. You can cancel your Membership at any time as more fully set forth below.
To receive the full Program Benefits, you must provide your first and last name, valid U.S. mailing address, phone number, email address and birth month and day. Members are responsible for maintaining accurate and updated personal information with Soma which can be done online or at any Participating Location. Soma is not responsible for loss or theft of any Member Benefits or for Benefits that are not received if you don't maintain accurate personal information with us, and such Benefits will not be reissued or credited.
Accounts may be automatically closed, and your membership benefits forfeited after twenty-four (24) months of inactivity. Abuse, violation or suspected violation of the Program, the Rules or any coupon or Rewards terms, as determined in Soma’s sole discretion, may result in the immediate termination of your account and/or program participation, as more fully described below. Soma reserves the right in its sole discretion to accept, deny, suspend or discontinue any Membership for the Program.
By signing up or using any Benefits of the Love Soma Rewards Program, you agree to receive Program specific marketing, as well as other promotional emails and marketing from our Affiliate brands (Chico’s, Chico’s Off the Rack, White House|Black Market, and TellTale). We will also communicate with you regarding your Program status and transactions.
In order to receive the full Program Benefits, you must remain opted-in to Soma’s general marketing and the Love Soma Rewards Program marketing communications via e-mail and direct mail at all times. If you elect to opt-out of Soma’s or the Programs e-mail or other marketing communications, your Membership will remain active, but your Benefits will be limited to free parcel post shipping. To opt out of marketing communications from Love Soma Rewards and Soma, you may update your communication preferences at any time by logging into your account at soma.com in the profile & preferences section, or by calling Customer Service at 866.768.7662. By unsubscribing, you are only opting out of marketing communications, we may still communicate with you regarding your Program transactions or status, or your other transactions with us. You may choose to opt out of an Affiliate’s communications at any time by clicking the unsubscribe link in any email received from the Affiliate.
In the event that we introduce a text-messaging program for our brands at any time, by including your mobile number in your profile at any time, you are agreeing to subscribe to Soma’s Mobile Alerts to receive up to 5 text messages per month. Standard text messaging rates apply. Not available on all handsets/carriers. To unsubscribe at any time, reply with STOP to any text received from us.
Love Soma Rewards Benefits may not be transferred, purchased, sold, assigned, auctioned or traded, including, without limitation, by death or as part of a domestic relations matter. Doing so will void the Member account. Benefits have no cash value and are not redeemable for cash. Member agrees that the Program and any Benefits related thereto do not create any property rights whatsoever in favor of Member.
Products offered by Soma and its Affiliates are not offered for resale; by signing up for the Love Soma Rewards Program, you expressly acknowledge and agree that you are entering an agreement with Soma that you will not offer for sale, sell, transship or otherwise engage in any commercial activity (or permit any third parties acting on your behalf to do so) in relation to any products purchased from us using your Rewards account or otherwise; if you are suspected of breaching this provision, in addition to immediately suspending your loyalty program membership(s) and shopping privileges with Soma and its Affiliates, you agree that Soma and/or its Affiliates may pursue all legal and equitable remedies available against you or anyone acting on your behalf for such breach of contract, including but not limited to, monetary damages, injunctions and/or other remedies. Additionally, we or our Affiliates may place limits on purchases and reject purchases or orders suspected of consisting of commercial quantities of our products or that otherwise violate the spirit of this section. We may, among other things, restrict orders placed by or under the same customer account, the same credit card, the same loyalty program accounts, and/or orders that use the same billing and/or shipping address, including orders or related accounts on our Affiliates' websites.
We also reserve the right to cancel any portion of an order that cannot be fulfilled for any reason. Online orders are not deemed to be accepted by Soma until your products are shipped from our warehouse; however, an acceptance of an order by Soma does not constitute a waiver of our rights under our resale policy. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy and the right to cease doing business with customers who violate this policy. This policy applies to all purchases of Soma and our Affiliates’ products, including, but not limited to, all purchases made at our Participating Locations, or any other stores, sample sales, warehouse sales, and through our websites or third-party websites. We may modify this policy at any time without prior notice.
Any dispute, claim, or controversy arising from or relating to this Agreement or Member's Membership will be resolved by binding arbitration, rather than in court (i.e., you are waiving your right to sue in court), except that you may assert claim(s) in small claims court if your claim(s) qualify. Disputes subject to arbitration include without limitation disputes arising out of or relating to interpretation or application of this dispute resolution provision. The Federal Arbitration Act and federal arbitration law apply to this dispute resolution agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
The arbitration will be conducted by JAMS, Inc. under its rules by a single arbitrator experienced in commercial disputes. The JAMS's rules are available at www.jamsadr.org or by calling 1-800-352-5267. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitrator shall issue a written award setting forth the arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator's award may be entered in any court of competent jurisdiction.
Payment of all filing, administration, and arbitrator fees will be governed by the JAMS's rules. However, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith [a] we will reimburse those fees for claims totaling less than $10,000, and [b] in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Soma will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration. Likewise, Soma will not seek attorneys' fees and costs in arbitration unless permitted by law and the arbitrator determines the claim(s) asserted against Soma are frivolous or brought in bad faith.
You and Soma each agree that any dispute resolution proceeding SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class, consolidated, and representative action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor Soma are entitled to arbitration.
This Agreement is governed by the laws of the State of Florida without regard to conflict of law principles. If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in a court of competent subject matter jurisdiction – whether federal or state – within Lee County, Florida.
Notwithstanding any other provision in this Agreement to the contrary, to the extent Soma makes a material change to this dispute resolution provision, such change will not apply to any dispute that you provided Soma notice of prior to the change in the dispute resolution provision.
To provide us notice of an arbitration demand, send the demand to our registered agent: Chico's Distribution Services, LLC d/b/a Soma c/o Corporate Creations International Inc., 11380 Prosperity Farms Road #221E, Palm Beach Gardens, Florida 33410.
Soma and Its Affiliates, and Their Respective Officers, Directors, Employees and Agents Make No Warranty, Express or Implied, Including but Not Limited to Any Warranties of Merchantability or Fitness for a Particular Purpose with Respect to the Program or Any Products or Services Related Thereto and Expressly Disclaims Any Such Warranties.
You Hereby Release, to the Fullest Extent Permitted by Law, Soma and Its Affiliates and Their Respective Officers, Directors, Employees and Agents from and Against Any and All Liability (Known or Unknown) Arising from or Relating to the Program, Your Membership in the Program or This Agreement.
SOMA, the SOMA logos, the Love Soma Rewards Program and other logos and taglines, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Company Intellectual Property") are the intellectual property of Soma (or its Affiliates), licensed to others under controlled conditions. You are not authorized to use any Company Intellectual Property for your own purposes without the express prior written consent of our General Counsel.
Soma reserves the right to terminate your Membership at any time in its sole discretion for any reason. Without limiting the foregoing, any violation or suspected violation of this Agreement, any Benefits or offer terms or any suspected abuse of the Program, as determined in Soma sole discretion, may result in termination of your Membership. Examples include but are not limited to: your failure to follow the Program policies and procedures, transferring your Benefits offers to another, using multiple Love Soma Rewards Memberships, or purchasing our Products for resale. If your Membership is cancelled by us, you will be ineligible to enroll or participate in the Program in the future and will forfeit all Benefits and offers. Soma reserves the right to take legal action to recover any damages, attorneys' fees, or court costs from you for your breach of this Agreement.
To cancel your Membership at any time, please call our Customer Service department at 866.768.7662. Please note, all Benefits and offers shall be forfeited at such time. It may take from 4 to 6 weeks before you stop receiving Program communications; however, you are not eligible to redeem any offers you receive after your Membership is cancelled; in the event you receive any Program Benefits after you cancel your Membership, such Benefits are subject to this Agreement. Terms and conditions of this Agreement that by their nature survive the termination of your Membership, shall survive in perpetuity.
This Agreement shall be interpreted and applied to give Soma maximum control of the administration of the Program. All decisions by Soma are final and binding.
Soma reserves the right to change or modify the Program, its Benefits or this Agreement from time to time in its sole discretion and without any further obligation to our Members. Updates shall be effective on the date they are posted on chicos.com or chicosofftherack.com, and you agree that such posting constitutes valid and effective notification method and no further notice methods are required; continued use of your Membership after such date constitutes acceptance of all such changes. We may also, as a courtesy only, send updates via e-mail or notify you that there are updates the next time you make a purchase at a Participating Location; doing so does not create any obligation on our part to do so again in the future. If you disagree with any changes, your sole remedy is to cancel your Membership in the Love Soma Rewards Program.
Soma may terminate this Program or limit participation, each in whole, or in part, in our sole discretion, at any time without notice. If the Program is terminated or so modified, all accrued Benefits or offers in any affected account(s) will be available for use through their individual expiration dates, in accordance with the terms of this Agreement and their individual terms.
Membership rules are void where and to the extent prohibited by law. Taxes may apply where required by law.
Soma operates under a subsidiary of Chico's FAS, Inc.
Last Updated: September 11, 2020
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