Thermos – Ultimate Back To Class Online Sweepstakes

Ultimate Back to Class Online Promotion from Thermos® Brand & Learning Resources
Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF
WINNING.
Participation in the Ultimate Back to Class 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 Sunday, August 22, 2021 at 9:00AM Eastern Standard Time (“EST”) and ends Sunday,
August 29, 2021 at 11:59 PM (EST) (‘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., Learning Resources, Inc. and any of their 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, visit the Promotion Entry page on Thermos.com, fill in the entry form (your name,
email address, and the child whose class you plan to donate the prize – but if you don’t want to list the child’s
name, feel free to generally list “my child”, “my grandchild”, “my neighbor”, “my niece/nephew”, etc.), check
the box to subscribe to marketing emails from Thermos Brand and Learning Resources, click “submit”.
The email addresses received during the Promotion Period will be entered into the promotion database for
entry into the random draw. If for any reason, your entry form is not complete, any portion of your entry is
not received by us, or your entry is not valid in our sole discretion, your entry may be disqualified.
There is a limit of one (1) entry per person, household, and email address 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 items will constitute one prize, specifically, one (1) confirmed winner of
the random draw will be awarded:
1. 25 Thermos® Funtainer® Water Bottles, 12 oz.– MSRP $16.99 each
2. 25 Thermos® Funtainer® Food jars, 10 oz. – MSRP $16.99 each
3. 1 GUARDIAN COLLECTION BY THERMOS 18 oz Tumbler – MSRP $19.99
4. 25 Mathlink Cubes Early Math Activity Sets – MSRP $19.99 each
5. 1 Set of Good Behavior Buckets – MSRP $19.99
6. 1 Set of Social Distance Discs – MSRP $34.99
7. 1 Handwashing Timer – MSRP $9.99
8. 2 Create a Space Sanitizer Stations – $12.99 each
9. A $150 Gift Card for LearningResources.com
Total estimated value of the prize: $1610.19
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. Prize may be shipped in multiple containers or from multiple locations, so some items in
prize may arrive separately.
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, Thermos Brand marketing
department will send you an email, 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 email address
will be deemed to be the entrant. The “authorized account holder” is the natural person whose legal name is
identified in the email address (if any), or, if no legal name is identified in the email address, then the natural
person who is identified in the email address profile associated with the email account.
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, (see https://www.thermos.com/privacy by Thermos L.L.C., by
Learning Resources privacy policy (https://www.learningresources.com/privacy-policy) by Learning Resources,
Inc., and as described below by either Thermos L.L.C. or Learning Resources, Inc.
11. HOW WE USE THE INFORMATION COLLECTED: When you subscribe to promotional emails from Thermos
Brand or Learning Resources, we may save, store, and share your name and email address to facilitate email
distribution. You may unsubscribe at any time (see instructions in the emails you receive from either brand or
each Privacy Policy.) We also may combine the personally identifiable information you provide 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. or Learning Resources, Inc. may use your
information: (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. or Learning Resources products and services, either on a personalized or
aggregate basis, if you opt-in for email communications from Thermos L.L.C. and Learning Resources on the
entry form; (e) to give Thermos L.L.C. 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
Brand 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. or Learning Resources, you can withdraw your
consent to receive these email communications at any time (see instructions in the emails you receive from
either brand or each Privacy Policy). You also may have additional rights regarding your personal data, and
such information is provided in the Privacy Policy from each brand.
12. RELEASE: By participating in the Promotion, you agree to release and to indemnify and hold harmless
Thermos L.L.C., Learning Resources, Inc., and their affiliates, retailers, 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; injuries and damages
related to our use, storing, or managing of your personal information, 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 or use 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 PRIZE, 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 the Releasees 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.marketing@thermos.com or sending a self-addressed stamped envelope by July 31, 2022 to:
Thermos Brand Online Promotion, ATTN: Giveaway 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.
©2021 Thermos L.L.C. All rights reserved.