Welcome to the Smart Savers Texas program ("Program"). By becoming a Participant of the Program, you may save energy and reduce stress on the grid in your electricity service area. By participating in the Program, you are automatically entered into the sweepstakes promotion ("Promotion") described below, subject to the Official Rules for the Promotion. To become a Participant in the Program, you must submit an application to, and have it accepted by EnergyHub.
YOU MUST BE AN EXISTING USER OF THE ENERGYHUB SERVICE TO BECOME A PARTICIPANT AND PARTICIPATE IN THE PROMOTION. PLEASE READ THESE TERMS CAREFULLY. THIS PROGRAM IS VOID WHERE PROHIBITED BY LAW.
Binding Agreement. By applying for the Program, you (sometimes referred to as "Participant") agree to comply with and be bound by these Terms and Conditions ("Terms") and the Official Rules for the Promotion. Notwithstanding the foregoing, you will not become a "Participant" in the Program until your application has been accepted and approved by Sponsor. Failure to comply with these Terms may result in your disqualification from the Program. You further agree to comply with and be bound by the decisions of the Sponsor regarding your eligibility to participate, which are final and binding in all respects. Sponsor reserves the right in its sole discretion to disqualify any Participant it finds to be: (1) tampering or attempting to tamper with the operation of the Program; or (2) violating the Terms, conditions of use, or Terms of any of Sponsor Parties' property or service. Any false information provided within the context of the Program by any Participant is a violation of these Terms and may result in the immediate disqualification of a Participant and forfeiture of any Reward.
About the Program. Participants whose applications to participate in the Program are accepted by Sponsor ("Participants", "you", and "your") and who fully comply with these Terms may receive a reward, as described below ("Reward"). Participants may also help reduce the risk of blackouts and brownouts in their electricity service areas.
Sponsor. The Program is provided by EnergyHub, Inc., 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217 ("Sponsor" or "EnergyHub").
Other Definitions. In the context of these Terms,
Application Consent. By submitting an application to enroll, you authorize:
Participation Consent. By submitting an application to enroll as a Participant, you authorize:
Eligibility. You may apply to become a Participant and participate in the Program if you meet the following eligibility criteria and do the following:
Program Period. The Program will run for the period of May 1, 2020 through and including September 30, 2020 (the "Program Period"). You may be automatically re-enrolled in subsequent Program Periods at Sponsor's discretion, subject to the then-current Terms for the Program.
Program Description. Participant agrees to allow Sponsor, EnergyHub, and Utility to control his or her thermostat to reduce demand during the Program Period by increasing the current setpoint or scheduled target temperature setpoint by up to 4˚F to temporarily reduce normal operating patterns in order to reduce electrical demand.
Participant may opt out of an adjustment at any time from your thermostat or through components of the Service, such as the web portal and smart phone applications. Participants may opt out of the Program in its entirety via email.
Promotion and Reward. As more fully described in the Official Rules and subject to the terms of such Official Rules, as a Participant in the Program you are eligible to earn entries into a random drawing for the chance to win payment of your electricity bills for your residence for the period of September 1, 2019 through August 31, 2020 up to a maximum amount of $5,000.
How To Apply. Eligible Participants can apply to participate in the Program by clicking "Sign Me Up" on the Program webpage after signing into his or her EnergyHub web or mobile account. Sponsor may accept or reject an applicant's application in its sole discretion. All entries become the property of Sponsor.
How To Withdraw. Once you are accepted as a Participant in the Program, you may withdraw by emailing texas@energyhub.com. Withdrawal will not affect the other services provided by EnergyHub and Provider to you. By withdrawing, you may render yourself ineligible to participate in the Promotion, participate in the Program in the future, or participate in other programs offered by EnergyHub or Provider.
Program Termination. Sponsor's ability to offer the Program is contingent on receiving certain approvals and acceptances from electric utilities and electricity grid governing bodies, including ERCOT and applicable Utility. Should Sponsor fail to obtain such approvals and acceptances or if the Program is declared unlawful, the Program will be terminated along with the Promotion, and any advertised prize will not be awarded. In the event of such termination, Sponsor will provide notice at www.energyhub.com.
Disqualification. Sponsor reserves the right to terminate your participation in the Program and Promotion at any time and without liability upon notice via email if you violate these Terms, any Official Rules, applicable law, any reasonable request from Sponsor or Provider, if ERCOT or your Utility declares you ineligible, or if your account with Sponsor or Provider is no longer in good standing. If you enroll in a conflicting energy program through Sponsor, Provider, or your Utility, Sponsor may terminate your participation in the Program without liability and without notice.
Privacy Notice. By participating in the Program, you agree that Sponsor, Provider, and Utility can collect your personal information or data and that if they cannot collect the required information or data, you may not be eligible to participate in the Program. Sponsor, Provider, and Utility will protect your personal information and usage data consistent with these Terms and each company's then-current privacy policy. Sponsor's privacy policy is located at: http://www.energyhub.com/privacy-policy
Changes in Your Electricity Costs. Sponsor and Provider are not responsible for any changes in your electricity costs during the Program.
Information. Participant represents and warrants that the information Participant provides while applying for and during the course of the Program is accurate and agrees to promptly notify Sponsor if any changes occur.
General Conditions. This Program is governed by the laws of the State of New York. All federal, state and local laws and regulations apply. The Sponsor Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Program. The Sponsor's failure to enforce any term of these Terms shall not constitute a waiver of that provision.
DISCLAIMER: THE SPONSOR PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY INCORRECT OR INACCURATE PROGRAM APPLICATION INFORMATION, AND ASSUME NO RESPONSIBILITY FOR (I) TYPOGRAPHICAL OR OTHER ERRORS IN THE PRINTING OF THE PROGRAM MATERIALS OR THE OFFERING OR ANNOUNCEMENT OF ANY REWARD, (II) ANY ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION AT ANY WEBSITE, (III) FAILURE OF ANY APPLICATION TO BE RECEIVED BY SPONSOR DUE TO TECHNICAL PROBLEMS, TELEPHONE SERVICE PROBLEMS, PRINTING ERRORS, HUMAN ERROR OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE, (IV) COMMUNICATIONS LINE, HARDWARE AND/OR SOFTWARE FAILURES, (V) DAMAGE TO ANY COMPUTER (SOFTWARE OR HARDWARE) RESULTING FROM PARTICIPATION IN THE PROGRAM, (VI) THEFT OR DESTRUCTION OF, TAMPERING WITH, UNAUTHORIZED ACCESS TO, OR ALTERATION OF APPLICATIONS AND/OR PROGRAM APPLICATION INFORMATION, OR (VII) ENTRIES WHICH ARE LATE OR LOST.
LIMITATIONS OF LIABILITY: PARTICIPANTS ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU INDEMNIFY AND AGREE TO KEEP THE SPONSOR PARTIES INDEMNIFIED AT ALL TIMES FROM AND AGAINST ANY LIABILITY, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS AND EXPENSES THAT ARISE FROM OR ARE RELATED TO ANY ACT, DEFAULT OR OMISSION BY YOU AND/OR A BREACH OF ANY WARRANTY BY YOU AND/OR TO ANY ACT, DEFAULT OR OMISSION BY YOU UNDER THESE TERMS INCLUDING WITHOUT LIMITATION RESULTING FROM OR IN RELATION TO ANY BREACH, NON-OBSERVANCE, ACT OR OMISSION WHETHER NEGLIGENT OR OTHERWISE, PURSUANT TO THESE TERMS BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD THE SPONSOR PARTIES HARMLESS FROM ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED BY PARTICIPATION IN THE PROGRAM AND/OR USE OR ACCEPTANCE OF ANY REWARD OTHER THAN FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A RESULT OF SPONSOR'S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE SPONSOR PARTIES' FRAUDULENT MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE SPONSOR PARTIES HAVE NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH A PARTICIPANT'S PARTICIPATION IN THE PROGRAM.
Texas Consumer Protection Disclosures and Provisions. The following disclosures are made and provisions are included in accordance with Public Utility Commission of Texas Substantive Rule ยง25.181, subsection (u) (the "Rule").
(A) You have the right to a cooling-off period of three business days, in which these Terms may be canceled. Additionally, you may opt out of the program at any time;
(B) EnergyHub is the energy efficiency services provider for purposes of the Rule. Its street address is: 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217, and its telephone number is (718) 522-7051; no subcontractors will be performing any services at your home or business on behalf of EnergyHub in connection with these Terms;
(C) incentives are made available to EnergyHub programs funded by a Utility or through the bidding of your load reduction in the ERCOT Emergency Response Service Weather-Sensitive Loads (ERS WSL) program; the amount of the incentive provided by these programs to EnergyHub varies between approximately $12/kW and $40/kW;
(D) the incentives that will be provided to you will consist of a potential reduction in your utility bill for electricity, and the chance to enter into the sweepstakes described in these Terms;
(E) you will not be required to enter into any additional agreements in connection with your participation in the Program;
(F) EnergyHub does not measure or report to the Utility the energy and peak demand savings from the energy efficiency measures associated with the Program;
(G) EnergyHub does not carry liability insurance to cover property damage to your property because EnergyHub will not enter onto your property as a part of the Program, and will not otherwise install anything onto your property;
(H) no payment will be due to you from EnergyHub, or from you to EnergyHub in connection with the services described in these Terms; these Terms do not constitute an installment sales agreement;
(I) EnergyHub is not part of or endorsed by the Public Utility Commission of Texas or the Utility; and
(J) if you wish to file a complaint, please contact your applicable Utility, or contact EnergyHub and we will assist you in contacting your applicable Utility; you may also contact the Office of Customer Protection of the Public Utility Commission of Texas (1-888-782-8477) or the Office of Attorney General's Consumer Protection Hotline (1-800-621-0508).
We further inform you of the following, and you agree that:
(A) given the nature and scope of the Program, there are no relevant work activities, completion dates, and terms and conditions that protect residential customers in the event of non-performance by EnergyHub;
(B) waiver of consumer protection statutes, performance warranties, and false claims of energy savings and reductions in energy costs are prohibited;
(C) your consumption data may be disclosed to the Evaluation, Measurement and Verification (EM&V) contractor for evaluation purposes; and
(D) if you wish to file a complaint to address performance issues by EnergyHub, please contact EnergyHub at texas@energyhub.com, (718) 522-7051, or 41 Flatbush Avenue, Suite 400A, Brooklyn, NY 11217.
Third Parties. The Sponsor Parties are not responsible for the policies, actions, or inactions of others that might prevent the Participant from entering, participating, or claiming a Reward. All Participant applications are subject to review by and require approval from Sponsor.
Severability. If any provision(s) of these Terms are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
Assignment. These Terms (including the Official Rules) will be binding on Sponsor and Participant and their successors and permitted assigns. Participant may not assign these Terms without the written consent of Sponsor whereas Sponsor may assign these Terms to any third party.
Changes to the Terms. Sponsor may modify these Terms at any time. We will notify you by email at the most current email address we have on record for you when we make any material changes to these Terms, and the effective date of the modified Terms, which will be after the date of our notice to you. Your continued participation in the Program thereafter signifies your acceptance to such modified Terms. The modified Terms will apply only to disputes that arise after the effective date of such modified Terms. We will also post the most current version of the Terms on our website: https://my.luxproducts.com/connect/terms/ercot/lux-ercot.html, and encourage you to check this site frequently.
Execution of Agreement. The use of an electronic signature to sign these Terms, including the use of portable document format (PDF), shall constitute effective execution and delivery of these Terms as to the parties. Signatures of the parties transmitted in electronic form shall be deemed to be their original signatures for all purposes.
Entire Agreement. These Terms, together with any Official Rules applicable to a Reward, constitutes the entire agreement between Sponsor and a Participant relating to the subject matter hereof and supersedes all other such prior or contemporaneous oral and written agreements and understandings.