Thermos® Brand Online Promotion
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Participation in the Thermos Brand Online Promotion (the “Promotion”) is limited to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older and shall be construed and evaluated according to the laws of the United States. Individuals who provide a P.O. Box address are not eligible. Please do not enter if you are not eligible or are not a legal resident of one of the 50 United States, or the District of Columbia at time of entry. VOID OUTSIDE THE 50 UNITED STATES, DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.
This Promotion is comprised of the following component: Online Random Drawing Game.
1. PROMOTION PERIOD: The Promotion begins Thursday, January 16, 2020 at 9:00 am Central Standard Time (“CST”) and end Saturday, January 18, 2020 at 11:59PM (CST) ('Promotion Period'). Note: Thermos Brand’s server computer is the official timekeeping device for the Promotion.
2. ELIGIBILITY: As stated above, this Promotion is open only to individuals who (a) are legal residents of the fifty (50) United States, and the District of Columbia, and (b) are eighteen (18) years of age or older at the time of entry. Employees of Thermos L.L.C. and any of its affiliate companies, parent, and their respective subsidiaries, agents, distributors/wholesalers, retailers and their advertising and promotional agencies, as well as the spouse, parents, siblings, children, and household members of each such employee, are not eligible. The Promotion is subject to all federal, state, and local laws and regulations and is void where prohibited by law.
3. AGREEMENT TO OFFICIAL RULES: Your participation in the Promotion constitutes your full and unconditional agreement to and acceptance of these Official Rules and the decisions of Thermos L.L.C., which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
4. HOW TO ENTER: To enter the Promotion, sign into your Instagram account (or create a free Instagram account at www.instagram.com). Then, go to our Thermos Brand Instagram page (@ThermosBrand) and leave a comment under the Promotion Post (“Post”) telling us your favorite color tumbler (Lake Blue, Espresso Black, Matcha Green or Sleet White). The Instagram account of the individual leaving a comment left under the Post during the Promotion Period, will be entered into the promotion database for entry into the random draw from the most voted for color. While you may have the option to share information or tag friends to inform them about the Promotion via social media or other means, doing so will not change your chance of winning. If for any reason, any portion of your entry is removed from the Instagram Post prior to the selection of a winner; your entry may be disqualified.
There is a limit of one (1) entry per person, household, or Instagram account during the Promotion Period for the random draw. Any attempt by you to obtain more than the stated number of entries may void your entries and you may be disqualified.
5. PRIZES: During the Promotion the following item will constitute a prize, specifically, one (1) confirmed winner of the random draw will be awarded:
- One (1) Guardian Collection by Thermos® Stainless Steel Tumbler (18oz) in favorite color picked by Promotion winner
Total estimated value of the prize: $27.99 USD
The prize is nontransferable until awarded, non-refundable, and must be accepted as awarded. No cash or other substitution may be made except by Thermos L.L.C., who reserves the right to substitute a prize with another prize (or prizes) of equal or greater value if the prize is not available for any reason as determined by Thermos L.L.C. in its sole discretion. Winners are responsible for all applicable taxes (if any) associated with receipt of a prize. Prizes will only be shipped to (non-P.O. Box) addresses in the 50 United States and the District of Columbia.
6. PRIZE DRAW: One (1) potential winner will be randomly selected from all eligible entries received during the Promotion Period to be eligible to be awarded a prize from the random draw. Odds of winning depend on the total number of eligible entries received during the Promotion Period. Prize will be shipped to the confirmed winner no later than eight (8) weeks after the conclusion of the Promotion Period. Potential winning entry is subject to verification by Thermos L.L.C. whose decisions are final and binding in all matters related to the Promotion. You are not a winner of any prize, even if the Promotion should so indicate, unless and until your eligibility and the potential winning entry have been verified and you have been notified that verification is complete. Thermos L.L.C. will not accept screen shots or other evidence of winning in lieu of its validation process. Any entry that occurs after the online system has failed for any reason is deemed a defective entry and is void and will not be honored.
7. HOW TO CLAIM YOUR PRIZE: If you are selected as a potential winner of a prize in the random drawing, you will receive a direct message (“DM”) from the Thermos Brand Instagram account notifying you of your selection and requesting your email address. You must respond to the DM with the information requested within 48 hours after it is sent. Within forty-eight (48) hours after receiving your response, Thermos L.L.C. will send an email to the email address you provided, which will include instructions on how to complete the prize claim process, including providing your full mailing address and other prize claim details. You may be required to complete, sign, and return an Affidavit of Eligibility and Liability/Publicity (the “Documentation”). If a potential winner does not respond to the email message within the time specified therein, does not complete, sign, and return any required Documentation within the time period prescribed at the time of receipt of such Documentation, or otherwise is not in compliance with the terms and conditions of these Official Rules, he/she forfeits the prize. Potential winners who meet all eligibility requirements, satisfactorily complete the verification process, and otherwise comply with these Official Rules, will be sent the prize indicated. Please allow up to (8) weeks for delivery of prize after the conclusion of the Promotion Period.
8. GENERAL CONDITIONS: Thermos L.L.C. reserves the right to cancel, suspend, and/or modify the Promotion if any fraud, virus, or other technical or other problem corrupts the administration, security, or proper entry of the Promotion, as determined by Thermos L.L.C. in its sole discretion. In such event, Thermos L.L.C. reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Thermos L.L.C. reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Thermos L.L.C. reserves the right to seek damages from any such person to the fullest extent permitted by law. Thermos L.L.C.’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the Instagram account will be deemed to be the entrant. The “authorized account holder” is the natural person whose legal name is identified in the Instagram username (if any), or, if no legal name is identified in the Instagram username, then the natural person who is identified in the Instagram profile associated with the submitted username.
9. PUBLICITY: Except where prohibited, participation in the Promotion constitutes the winner’s consent to use of winner’s name, Instagram username, likeness, voice, opinions, biographical information, and city and state or province of residence for promotional purposes by Thermos L.L.C. in any media worldwide without further payment or consideration.
12. RELEASE: By participating in the Promotion, you agree to release and to indemnify and hold harmless Thermos L.L.C., and its parent companies, their affiliates, subsidiaries, retailers, franchisees, advertising and promotion fulfillment and/or judging agencies, Instagram, and all of their respective officers, employees, directors, representatives, and agents and Instagram (individually and collectively “Releasees”) from all liability, claims, action, proceedings, losses, injuries and damages to person(s), including death and property, or violation of intellectual property or personal rights (such as but not limited to, copyright, patent, trade name/trademark, and/or rights of privacy or publicity or portrayal in a false light) due in whole or in part to acceptance, possession, misuse or use of any prize, or participation in this Promotion, or participation in any Promotion-related activity. By receipt of a prize, the winner agrees to release and hold harmless Releasees from and against any claim or cause of action arising out of participation in the Promotion or receipt or use or misuse of any prize.
13. LIMITATION OF LIABILITY: The Releasees are not responsible for: (a) any inaccurate information, whether caused by entrants or printing errors; (b) unauthorized human intervention in any part of the Promotion; (c) technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware, or software; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; (e) lost, delayed, misdirected, or undeliverable mail or email; or (f) any injury or damage to persons or property including, but not limited to, death, which may be caused, directly or indirectly, in whole or in part, from your participation in the Promotion or receipt of any prize. IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF ANY WEB SITE OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEB SITE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
14. DISPUTES: Except where prohibited, you agree that: (a) any and all disputes, claims, and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of Illinois, USA; (b) any and all claims, judgments, awards, and other remedies shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a Promotion, and in no event shall any claims, judgments, awards, or other remedies include any legal/attorneys’ fees; and (c) you waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Thermos L.L.C. in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of Illinois, USA, without giving effect to any choice of law or conflict of law rules (whether of the State of Illinois, USA or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Illinois, USA.
15. WINNER LIST & OFFICIAL RULES: You can obtain a list of winners and/or a copy of these Official Rules by e-mailing [email protected] or sending a self-addressed stamped envelope by July 30, 2020 to: Thermos Brand Online Promotion, ATTN: Social Media Coordinator, Thermos L.L.C., 475 N. Martingale Road, Suite 1100, Schaumburg, IL, USA 60173. Records may not be available beyond two years following Promotion Period.
16. SPONSOR: The Promotion is sponsored by Thermos L.L.C., 475 N. Martingale Road, Suite 1100, Schaumburg, IL, USA 60173. This promotion is in no way sponsored, endorsed, administered by, or associated with Instagram, and Thermos L.L.C. is not responsible for the actions of Instagram. Instagram’s terms and conditions apply to all Instagram activity.