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Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Participation in the Genuine Thermos Brand Online Promotion (the “Promotion”) is limited to legal residents of the 50 United States and the District of Columbia and Canada (excluding Quebec, where it is void) who are 18 years of age or older or, if a Canadian resident, the age of majority, and shall be construed and evaluated according to the laws of the United States. Individuals who identify 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, the District of Columbia, or Canada (excluding Quebec) at time of entry. VOID OUTSIDE THE 50 UNITED STATES, DISTRICT OF COLUMBIA, AND CANADA AND WHERE PROHIBITED BY LAW.
This Promotion is comprised of the following component: Online Random Drawing Game.
1. PROMOTION PERIOD:
The Promotion begins Friday, November 11, 2016 at 9:00 AM Central Standard Time (“CST”) and ends Friday, December 9, 2016 at 12:00PM CST (“Promotion Period”). Note: Thermos L.L.C.’s computer is the official time keeping 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, the District of Columbia, and Canada (excluding Quebec) and (b) are eighteen (18) years of age or older at the time of entry or, if a Canadian resident, the age of majority in their province or territory of residence, at the time of entry. Employees of Thermos L.L.C. and any of its affiliate companies, 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. Individuals who identify a P.O. Box address are not eligible. The Promotion is subject to all federal, state, provincial 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, go to http://www.facebook.com/Thermos during the Promotion Period, click on the “Promotion” application tab to access the entry form. Complete your entry by providing your first and last name, city and state of residence and zip code, email address, and then follow the instructions to submit your completed entry form. You must have a valid email address to participate. Once you have submitted your completed entry, you will be entered into the online promotion database where your entry will be received by our distribution center for entry into the random draw. You may enter once every 24 hours during the Promotion Period. While you may have the option to share information about the Promotion via social media or other means, doing so will not change your chance of winning. Also, you may have the option to opt-in to receiving future correspondence from Thermos L.L.C., but whether or not you do so will not change your chance of winning.
There is a limit of one (1) entry per person, household, or email address per 24 hours during the Promotion Period for the random draw. Any attempt by you to obtain more than the stated number of entries will void your entries and you may be disqualified.
5. PRIZES:
During the Promotion, the following prize will be awarded to each of ten (10) confirmed winners of the random draw:
Stainless King™ Vacuum Insulated 16 oz./470 mL Cranberry Travel Tumbler: $24.99USD/$32.99CAD
Thermos Heritage Blend by Dark Matter Coffee, Coffee Beans: $16.99USD/$22.74CAD
Total estimated value of each prize package: $41.98 USD/$55.73 CAD
Total estimated value of all 10 prize packages: $419.80USD/$557.30
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, the District of Columbia, and Canada (excluding Quebec).
6. PRIZE DRAW:
Ten (10) potential winners 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. Each entrant can only win one prize package. In other words, if your name is drawn once, your remaining entries (if you entered more than once) become void at that time. The confirmed winners will be mailed his or her prizes within approximately six (6) to eight (8) weeks after the conclusion of the Promotion Period. All potential winning entries are 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, an email will be sent within forty-eight (48) hours to the email address you provided on your entry form, which will provide you with directions as to how to complete the prize claim process, including providing your full mailing address and other prize claim details, which may not be on the entry form. You may be required to complete, sign, and return an Affidavit of Eligibility and Liability/Publicity Release (if a U.S. Resident) or a Declaration of Compliance (if a Canadian Resident) (collectively, the “Documentation”). Any potential qualified winner from Canada will also be required to correctly answer a mathematical skill-testing question without any assistance in order to be eligible to receive the prize. If a potential winner does not respond to the email message within the time specified therein, fails to correctly answer the skill-testing question in the manner prescribed (if applicable), 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 six (6) to eight (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 email address identified in an entry will be deemed to be the entrant. The “authorized account holder” is the natural person whose name is identified in the email address (if any), or the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address.
9. PUBLICITY: Except where prohibited, participation in the Promotion constitutes the winner’s consent to use of winner’s name, 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.
10. PRIVACY: All personal information submitted by you as part of this Promotion will be treated in accordance with Thermos L.L.C.’s privacy policy, accessible at http://www.thermos.com/privacypolicy.aspx and as identified in Section 11 below.
11. HOW WE USE THE INFORMATION COLLECTED: We may combine the personally identifiable information you provide to Thermos L.L.C. with other information about you that is available to us, including information from other sources. By completing an entry form, you consent to the following ways that Thermos L.L.C. may use your information (in addition to those uses identified in Thermos L.L.C.’s privacy policy): (a) to administer the Promotion, including contacting potential winners; (b) to respond to your specific inquiries; (c) to troubleshoot and provide you with technical support; (d) to provide you with information about Thermos L.L.C. products and services, either on a personalized or aggregate basis, if you opt-in for email communications from Thermos L.L.C. on the entry form; (e) to give Thermos L.L.C. and our PR company anonymous, aggregate information that is useful for developing new features and products for our visitors and to improve the content on www.thermos.com and the Thermos Social Media pages (“Websites”) for consumers; (f) to resolve disputes, prevent and detect fraud, and otherwise to help Thermos L.L.C. to avoid legal liability; (g) to notify you of changes to this Privacy Policy or to other policies or terms that affect you and your use of the Websites; and (h) for other purposes. If you opt-in for additional email communications from Thermos L.L.C. on the entry form, you can withdraw your consent to receive these email communications at any time.
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, affiliates, subsidiaries, retailers, franchisees, advertising and promotion fulfillment and/or judging agencies, Facebook, and all of their respective officers, employees, directors, representatives, and agents (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 thermos.socialmedia@thermos.com or sending a self-addressed stamped envelope by February, 2017 to: Thermos Online Contest, 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 Facebook, and Thermos L.L.C. is not responsible for the actions of Facebook. Facebook’s terms and conditions apply to all Facebook activity.
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