1. Membership Eligibility and Overview
1.1. The Thermos.com Loyalty Program entitled Thermos Legacy Insiders (“Program”) is offered at the sole discretion of Thermos L.L.C. (“Thermos”, “we,” “our” or “us”). The Program is available to individuals for their personal use only and is limited to one account per individual and per email address. Individuals who are residents of the United States (including its territories and possessions) and 18 years or older and who provide and maintain a valid email address are eligible to become members. Corporations, limited liability companies, partnerships, associations, other groups/entities, or individuals purchasing on behalf of those entities may not participate in the Program. Employees of Thermos L.L.C. and individuals employed by our business partners, affiliates, distributors, resellers, or vendors are not eligible for membership.
1.2. By joining the Program and becoming a Program member, you (individually and collectively, “you,” “your,” or “Member”), agree that you have read, understood and agree to be bound by these program terms (“Program Terms”) and by any changes or modifications we may make (with reasonable notice). These Program Terms do not alter other agreements you may have with us. By enrolling in the Program, you also agree to be bound by our Privacy Policy and our website Terms of Use, which are incorporated herein by reference. If you do not agree, you cannot participate in the Program. The Program is void where prohibited by law.
2. Program Enrollment
2.1. Eligible individuals may only enroll in the Program by visiting www.thermos.com (collectively, the “Site”) and following the Program prompts to register for the Program (including the opt-in consent for Program, these Terms, Website Terms).
2.2. You are required to provide your first name, last name, email address and to create a password in order to enroll. You may also provide us with your mailing address, birth date and phone number, but this information is optional. You are responsible for keeping your Member account updated and for keeping your password confidential. However, if you suspect that your password has been compromised, please Contact Us for an account review.
3. How the Program Works and Program Benefits
3.1. You earn points and reach Program loyalty tiers by making eligible purchases or taking certain other qualifying Program actions. Benefits of each tier may change from time to time (in Sponsor’s discretion) and may be offered on a limited basis. Eligible purchases and other opportunities to reach Program loyalty tiers or earn points may be posted on the Site or may be published through other media (e.g., in marketing communications, social media, etc.).
3.2. The Program is tiered and based on eligible purchases from the Site (among other qualifying actions), beginning on the date of enrollment. There are 3 tiers with associated benefits:
• Tier 1: Innovator
o Spend USD $0 –$149.99 on eligible purchases
o Earn 1 loyalty point for each US Dollar spent on Thermos.com
o Possibly other promotional offers as identified from time to time
• Tier 2: Trailblazer
o Spend USD $150 – $299.99 on eligible purchases
o Earn 1.2 loyalty points for each US Dollar spent on Thermos.com
o Bonus Points
§ 100 points for reaching this tier
§ 75 points for Birthday (if birthdate provided in account data)
§ 75 points for Anniversary of Enrollment
o Possibly other promotional offers as identified from time to time
• Tier 3: Icon
o Spend USD $300+ on eligible purchases
o Earn 1.5 loyalty points for each US Dollar spent on Thermos.com
o Bonus Points
§ 200 points for reaching this tier
§ 75 points for Birthday (if birthdate provided in account data)
§ 75 points for Anniversary of Enrollment
o Possibly other promotional offers as identified from time to time
3.3. Eligible purchases include purchases from the Site, excluding taxes, discounts (including other promotions or coupon code value), shipping and delivery charges, and/or other excluded charges specified by us from time to time. Points are generated when your order is paid (specifically, upon our payment processor’s designation of the order as “Paid”). Bonus points may be awarded on or around the date of the qualifying event. For example, Birthday points may be awarded at the beginning of a birthday week or month or other proximate date, rather than on the exact date. From time to time, we may offer other opportunities to earn points through qualifying events as will be identified via email, social media, the Site, or other communications. Even if Member completes related qualifying actions, Member may not earn more than 5,500 Bonus Points (any points from non-spending qualifying activity) in any calendar year. If qualifying actions include referring a friend or providing any personal information regarding a third party, you confirm that you have their permission to provide such information and that such third party has consented to receive communications from us.
4. Program Benefits
4.1. In the Program account, a Member may redeem points in exchange for a coupon code for the corresponding discount:
50 points = $5 off
100 points = $10 off
150 points = $15 off
200 points = $20 off
Coupon code will be emailed to the Member’s registered email address. Coupon code applies only to in-stock items purchased in one single qualifying transaction on the Site, while supplies last. Member must be signed in to apply coupon code. Coupon code expires 12 months after the Member is active (i.e., generates points, makes a purchase, or redeems a coupon). Coupon code cannot be converted to cash, only use is Site discount.
Qualifying transaction: Minimum cart total of $20 (before tax/shipping). Limit of 200 points/$20 discount per transaction. Previous purchases not eligible. Some promotions cannot be combined with points redemption, as identified in those terms. If promotions are combined, the loyalty points discount will be taken after any other discount. Free shipping is available if order value is $50-$500 after points discount is applied.
4.2. Member Accounts and Program rewards, benefits and/or points cannot be transferred, shared, or combined. Only the Member paying for the transaction may accumulate points.
4.3. Rewards, benefits, and/or points earned through the Program have no cash value and you have no property rights in or to points or other Program benefits. Points credited to your Program account will be decreased or reversed, as applicable, if part or all of the purchase is returned, refunded, or cancelled or if the credit is obtained through fraudulent or other activity that violates these Terms. If such points have already been redeemed, the Program account will have a negative point balance. The sale, barter, transfer, or assignment of any points, rewards, or benefits offered through the Program, other than by us, is expressly prohibited. If you contact us with credible evidence that your points have been adjusted in error or based on fraudulent activity, we will review such requests and decide whether further adjustment is required.
5. Termination and Modification
5.1. We (or our vendors) reserve the right to audit your membership account at any time. We reserve the right to revoke your membership in the Program, if we have reasonable suspicion of abuse of the Program, failure to follow any Program Terms, membership inactivity (e.g., no purchases made, no points earned or redeemed) for over 12 months, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Program Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent other unauthorized use of any Program rewards, points, and/or coupons result in the revocation of your membership and make you ineligible for further participation in the Program. If your membership is revoked, any points or benefits in your account will automatically expire and your access to the Program and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we also have the right to take appropriate legal action, in our sole discretion.
5.2. Upon providing reasonable notice (e.g., via email, posting on the Site, notice in Program accounts, or other reasonable method based on materiality and scope of changes), we may cancel, modify, restrict, or terminate these Program Terms, Program benefits, how and when points are earned, how and when points can be redeemed, how and when Members qualify for each tier, benefits available at each tier, and/or or any aspect or feature of the Program for any reason or without cause, even though such changes may affect the value points or the ability to redeem points. If the Program has been found to violate (or has a credible accusation of violating) an applicable law or regulation, we may cancel, modify, or restrict the Program (or any components therein) without prior notice to you.
5.3. If you no longer want to be a part of the Program, you may opt-out or cancel your membership at any time by contacting us via consumer.service@thermos.com or using the Contact Us Portal. Such request to opt-out and cancel your membership is irreversible once submitted and will result in the forfeiture of all Program points, tiers, and unredeemed benefits. Cancelling your Program account will not result in the closure of your user account with Company and you may continue to use your user account to make purchases.
A short processing time (as permitted by applicable law) may be required to implement such changes to your consent and account. If permitted by law, we may retain anonymized information, compliance information, or transactional information, even after your Program membership has ended.
6. Privacy
6.1. The personal information collected in connection with the Program will be used and disclosed by us in accordance with the Privacy Policy. CA Residents: The Program may be considered a “financial incentive” under California law. Please review the Notice of Financial Incentive in Section 8 below. CO Residents: This program may be a “Bona Fide Loyalty Program, see Section 9 below. Information for other state residents included in Privacy Policy.
6.2. You may unsubscribe or opt-out of receiving Thermos marketing emails at any time by following the instructions provided in the email or as otherwise provided in the Privacy Policy, but operational Program emails will still be sent to you. Examples include, but are not limited to, a redemption confirmation email, a new points acquisition email, a profile update email, emails regarding promotions only offered to loyalty Program members, or other communications that relate to your account. If you unsubscribe or opt out of loyalty Program emails, we will cancel your Program membership, because we use email as the primary method of communication for implementing the Program, so your membership cannot continue without email communication.
6.3. As identified in the Privacy Policy, several U.S. state laws give you the right to have us delete, access, or edit your personal data, review unauthorized activity on your account, or take other action regarding your data. If you ask us to delete all your personal data that we or our processors/service providers hold, then we will delete your Program account. We cannot award you points without identifying you and the activity you take on our Site for the loyalty Program.
7. Social Media Integrations
If we use any social media platform as part of the loyalty program, you hereby release and waive any claim, action, liability, or damages against that social media platform and its owners. Any such promotion is in no way sponsored, endorsed or administered by, or associated with the social media platform.
8. Notice of Financial Incentive
Under certain state laws, this Program may include financial incentives (e.g., points that can be redeemed for coupon codes) in association with you providing us with personal information or allowing us to collect personal information (e.g., name, email address, phone number, date of birth, order information, device and IP information, order/payment status, activity on a social media account, reviews, etc.) or agreeing to receive emails from us. However, the value of such discounts are reasonably related to the value of the consumer’s data based on (for example) the estimated value to the business of the sale, collection, or deletion of consumers’ data divided by the total number of consumers expected to join program or another reasonably reliable method of calculation.
You may opt-out or cancel your membership at any time by contacting us via consumer.service@thermos.com or using the Contact Us Portal. Such request to opt-out and cancel your Program membership is irreversible once submitted and will result in the forfeiture of all Program points, tiers, and unredeemed benefits. Cancelling your Program account will not result in the closure of your user account with Company and you may continue to use your user account to make purchases. If permitted by law, we may retain anonymized information, compliance information, or transactional information, even after your account is closed.
9. BONA FIDE LOYALTY PROGRAM DETAILS
We use certain vendors to help implement our loyalty program. We may share your information with them and combine with information provided.
For example, Yotpo, Inc. helps us administer the loyalty program and product reviews. Shopify Inc. provides website platform, payment processing, and helps us track and identify when you made and paid for an order for which we can reward you with points. Klaviyo, Inc. helps us send you emails and understand how you interact with our website and other digital communications. Social media platforms (e.g., Facebook, Instagram, Meta, TikTok) may share certain points-qualifying actions have occurred on their platforms (e.g. if you follow our account on that channel). Such additional information tracked or shared may include website usage data, location data (physical address, IP address), purchase information (e.g. Order ID, Order Amounts, Currency, Order Shipment status, Order payment status, Order return/refund status, and other details concerning products purchased and time of purchase, but excluding payment method details), points balance, loyalty tier and opt-in status, qualifying actions for points, birthdate, and other engagement data.) Such information is used to identify if you are qualified to participate in the loyalty program, identify when your account should receive (or remove) points, help you redeem the points, provide you with offers or promotions only available to loyalty program members or tier Members, provide you with consumer services, and help us operate and improve the loyalty program.
The primary purpose for processing your personal information is to provide loyalty program benefits and run the loyalty program. For example, if Shopify shares that you have paid for a purchase, then Yotpo will add the corresponding points value to your account. If Yotpo identifies your loyalty program tier, then Klaviyo may record that so we can send you tier-specific offers and communications. If Shopify shares that you returned a purchase and received a refund, Yotpo will deduct the related points from your loyalty account. If you share your birthdate, we may confirm you meet the age requirements to participate in the loyalty program and to provide you with loyalty points (if you are in a qualifying tier) on or near your birthday.
If you request that we delete your personal information, opt-out of receiving our emails or opt-out of processing/sharing of personal information with the above vendors, we will cancel your Program membership. While we may periodically provide assistance via other communication methods, the primary method of communication to implement the program is email. Our program also requires the sharing of information with certain vendors to be able to award and redeem points, which is a core activity of the rewards program.
We do not share loyalty program information with data brokers. We do not collect sensitive personal information related to the Program. Additional details available in the Privacy Policy.
You may opt-out or cancel your membership at any time by contacting us via consumer.service@thermos.com or using the Contact Us Portal. Such request to opt-out and cancel your Program membership is irreversible once submitted and will result in the forfeiture of all Program points, tiers, and unredeemed benefits. Cancelling your Program account will not result in the closure of your user account with Company and you may continue to use your user account to make purchases. If permitted by law, we may retain anonymized information, compliance information, or transactional information, even after your account is closed.
10. Contact Us
For information about the Program, contact Customer Service (consumer.service@thermos.com) or for questions/requests related to your personal information (privacy@thermos.com).