Earth Day Giveaway

Thermacell Instagram Giveaway Terms and Conditions (for United States)

These rules and regulations are applicable to the Earth Day (the "Giveaway"), brought to you by Thermacell Repellents, Inc. located at 32 Crosby Drive, Bedford, MA 01730 (the “Sponsor”). By entering the Giveaway, entrants agree to abide by these Official Giveaway Rules and Regulations (the “Giveaway Rules”) and the decisions of the Sponsor which are final and binding in all respects relating to the Giveaway.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility:

  • The Giveaway is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older at the time of entry. To be eligible to win and receive the prize, entrants must have a valid United States mailing address (PO Boxes are not eligible).
  • Employees of the Sponsor, its affiliates, and its advertising and promotion agencies (“Giveaway Entities”), and their immediate family and household members, are not eligible to participate in the Giveaway.
  • Entrants must have internet access and a valid Instagram account to enter the Giveaway. If you do not have an Instagram account, you can obtain one for free at www.instagram.com.

2. Entry Period:

  • The Giveaway begins when the giveaway post is posted to Sponsor’s Instagram page and ends at the determined date and time detailed in the Instagram giveaway post (the “Entry Period”). Entries received outside the Entry Period will be considered void. The Sponsor’s time keeping system is the official clock for the Giveaway.

3. How to Enter:

  • NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Giveaway, participants must: (a) follow @thermacell on Instagram, (b) Like the Instagram Giveaway post, and (c) tag two friends in the comments section of the Instagram Giveaway post (an “Entry”).
  • Limit one entry per person.
  • Entries must be submitted during the Entry Period. Entries submitted outside of the Entry Period will be deemed invalid and are ineligible to win the prize.
  • An Entry may be rejected if (in the sole and absolute discretion of the Sponsor) it is not submitted and received in accordance with these Giveaway Rules.

4. Prize:

  • The prize(s) for the Giveaway will be clearly stated in the Giveaway Instagram post, along with the Approximate Retail Value (“ARV”) of the prize. Prizes are non-transferable and non-exchangeable.
  • Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the prize outlined in the applicable Instagram giveaway post is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prize represents Sponsor's good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the ARV, the difference will not be awarded in cash. Restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.

5. Winner Selection Process and Notification Process:

  • At the conclusion of the Entry Period, Sponsor will conduct a random drawing from among all eligible entries received during the Entry Period (a “Potential Winner”). Odds of winning a prize depend on the total number of eligible entries received. A Potential Winner will only be confirmed as a winner if they meet all of the eligibility criteria set out in these Giveaway Rules.
  • Sponsor will contact the Potential Winner by Instagram Direct Message (DM). The Potential Winner must respond to the Direct Message within twenty-four (24) hours from the time the Direct Message was made to claim the prize. A Potential Winner must provide a valid United States mailing address for the prize to be issued (PO boxes are ineligible). If the Potential Winner does not respond within the specified time, is ineligible according to these Giveaway Rules, or decides to decline the prize for any reason whatsoever; then they may, in the sole discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the applicable prize) and the Sponsor reserves the right, in its sole and absolute discretion and time permitting, to select an alternate eligible potential winner in accordance with the applicable procedures as outlined in these Giveaway Rules (in which case the foregoing provisions of this section shall apply to such newly selected potential winner).

6. Publicity:

  • As a condition of Entry into the Giveaway, except where prohibited by law, each entrant by entering and the winner by accepting a prize, grants to Sponsor and Sponsor’s affiliates, legal representatives, assigns and licensees, all right, title and interest in and to publicize, broadcast, display and/or otherwise use the entrant’s name, likeness, and information provided in their Entry in any media now known or hereafter devised throughout the world in perpetuity for promotional and marketing purposes without additional review, compensation, permission or approval, and hereby releases the Sponsor from any liability with respect thereto.

7. Privacy:

  • Entry in the Giveaway constitutes consent to the transfer of the personal information collected from the entrant to the Sponsor for the purposes of administering the Giveaway, for future marketing and promotions, and for such other purposes to which entrant may consent as outlined herein. All information provided by entrants will be used in accordance with the Privacy Policy of the Sponsor located at https://www.thermacell.com/legal-and-privacy.

8. Release and Indemnification:

  • By participating in the Giveaway, each entrant agrees that the Sponsor and Giveaway Entities bear no liability for, and entrants shall hold them harmless against, any injuries, losses, or damages of any kind (including direct, indirect, incidental, consequential, or punitive damages) to persons or property resulting from the Giveaway, including the acceptance, possession, misuse, or use of the prize or the merchandise for which it is redeemed (if applicable). Furthermore, participants agree that the Sponsor and Giveaway Entities have no liability for any injuries, losses, or damages of any kind (including direct, indirect, incidental, consequential, or punitive damages) to persons or property resulting from: A) completing and submitting an Entry or participating in the Giveaway or B) any claims based on personality or rights, defamation, or merchandise delivery. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages; therefore, such exclusions may not apply to you. Without limiting the foregoing, Giveaway Entities, the Sponsor, and any of the Sponsor’s other suppliers or contractors shall not be responsible for: (a) any incomplete or inaccurate information caused by any equipment or programming associated with or utilized in the Giveaway, or by any technical or human error in the processing of entries; (b) lost, interrupted, or unavailable network, server, service provider, online systems, telephone networks, or telephone lines, or any other connections; (c) theft, destruction, loss, or unauthorized access to, or alteration of, entries; (d) any problems with, or malfunctions or failures of, telephone networks or lines, computers or computer online systems, servers or providers, computer equipment, software, viruses, or bugs; (e) garbled transmissions or miscommunications; (f) failure of any messages to be received by the Sponsor for any reason, including but not limited to traffic congestion on the Internet or at any website or combination thereof or technical incompatibility; (g) printing, distribution, programming, or production errors, and any other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise; or (h) technical, pictorial, typographical, or editorial errors or omissions contained herein.

9. Sponsor:

  • The Giveaway is exclusively sponsored by Thermacell Repellents, Inc. and is in no way sponsored, endorsed, administered by, or associated with Instagram®.

10. Disputes/Governing Law:

  • Except where prohibited by law, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by courts situated in the state of Massachusetts, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees, (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. The laws of the state of Massachusetts, without giving effect to any choice of law or conflict of law rules, govern the Giveaway and all aspects related thereto.

11. List of Winners:

  • To obtain a list of winners, send a self-addressed, stamped envelope to: Thermacell Repellents, Inc., 32 Crosby Drive, Bedford, MA 01730. Mailed requests for a list of winners must be received no later than three (3) months after the Giveaway Entry Period ends.

12. Contact Information:

This Giveaway is sponsored solely by Thermacell Repellents, Inc. and is in no way sponsored, endorsed, administered by, or associated with Instagram. By entering, entrants confirm they are at least 18 years of age, release Instagram of responsibility, and agree to Instagram’s terms of use.