RUSH HOUR REWARDS PROGRAM AGREEMENT FOR CON EDISON GAS CUSTOMERS
Thank you for your interest in the Rush Hour Rewards Program, a service offered by Nest Labs, Inc. (“Nest”).
Nest’s Rush Hour Rewards Program allows you to participate in a program for residential customers offered by Consolidated Edison Company of New York, Inc. (“ConEdison”) called Winter Gas Heating Rush Hour Rewards using your Nest thermostat. As part of the Rush Hour Rewards Program, Nest’s servers will remotely inform your Nest thermostat of the existence of a ConEdison Winter Gas Heating Rush Hour Rewards event, causing the Nest thermostat automatically to change the temperature setpoint in your home on that day without any manual intervention by you. At any time that you desire, you may override this temperature setpoint simply by turning your Nest thermostat to a different temperature or using the Nest website or mobile application.
Your agreement to these terms (“Agreement”) gives Nest permission to access and use your energy usage and billing information, to enable the Rush Hour Rewards Program and for ConEdison to enroll you in Winter Gas Heating Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your ConEdison service address will be automatically enrolled in the Rush Hour Rewards Program.
Nest will administer the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal) and applicable laws and regulations.
The Rush Hour Rewards Program is available to ConEdison residential gas customers who meet certain eligibility requirements. In order to participate, you must: (1) be a ConEdison residential gas heating service account holder; (2) have an 802.11 wireless network at the Con Edison service address; (3) have an active Nest account linked to your Nest thermostat; and (4) agree to the terms and conditions set forth in this Agreement.
In addition, (1) if the Rush Hour Rewards Program is offered by ConEdison in the summer season, in order to participate in the Rush Hour Rewards Program during the summer season you must have an installed, operable Nest thermostat controlling an air conditioning unit, at your ConEdison service address; and (2) if the Rush Hour Rewards Program is offered by ConEdison in the winter season, in order to participate in the Rush Hour Rewards Program during the winter season you must have an installed, operable Nest thermostat controlling a heating system which uses gas as the primary source of heat at your ConEdison service address.
ConEdison account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in Winter Gas Heating Rush Hour Rewards. Incentives will be provided pursuant to the applicable ConEdison offer and the automatic enrollment of additional Nest thermostats may not result in additional Incentives.
The Incentives are provided solely by ConEdison. Nest bears no responsibility for the Incentives. You acknowledge that Nest is facilitating your ability to earn Incentives, but Nest is not providing you any compensation or other financial benefit, and your permissions to Nest are not contingent on receipt or amount of the Incentives. Nest makes no promise of any specific Incentive amount. ConEdison reserves the right to seek further information to verify your eligibility for the Incentives.
By submitting this Agreement, you agree that: ConEdison may share information with Nest about your energy usage and associated account and billing data in order for Nest to evaluate and improve its products and services. Such information includes, but is not limited to, consumption and billing data, billing records, billing history, meter usage data, and rate information. Your credit card, checking account, or similar payment information will not be shared by ConEdison with Nest.
Nest may share certain information (including, but not limited to, your name, email address, service address, ConEdison account number, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with ConEdison and/or its third party contractors or agents to verify that you are eligible to participate in the Rush Hour Rewards Program and to evaluate the comprehensive energy impact of the Nest thermostat and other Nest products and/or services. In addition, Nest may share with ConEdison your decision to opt out of Winter Gas Heating Rush Hour Rewards or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in Winter Gas Heating Rush Hour Rewards.
The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or ConEdison may terminate this Agreement and not enroll you, or terminate your enrollment, in the Rush Hour Rewards Program if you are not truthful in the information you submit as part of this Agreement, if you do not satisfy eligibility requirements, or for any other reason. You are using Nest’s Rush Hour Rewards Program on a voluntary basis.
You agree to participate in the Rush Hour Rewards Program in accordance with the Nest Terms of Service, privacy policies and other policies on Nest’s website (http://www.nest.com/legal) and applicable laws and regulations.
You release and hold harmless Nest and ConEdison from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.
This Agreement is effective upon your submitting this Agreement and will continue until you or Nest cancels your participation. You may cancel participation at any time during the program by calling Nest at (855) 469-6378.