Legal Items

Madison Gas and Electric

Rush Hour Rewards Program Agreement for MGE 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 Madison Gas and Electric Company (“MGE”) called 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 MGE 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 MGE to enroll you in Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest Thermostats installed at your MGE 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 (https://nest.com/legal) and applicable laws and regulations.

Eligibility Requirements

The Rush Hour Rewards Program is available to MGE residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a MGE residential electric service account holder; (2) have an 802.11 wireless network at the MGE service address; (3) have an active Nest account linked to your Nest Thermostat; (4) have an installed, operable Nest Thermostat controlling an air conditioning unit, at your MGE service address, and (5) agree to the terms and conditions set forth in this Agreement.

Incentive(s)

MGE account holders are eligible to earn incentive payments or other rewards (“Incentives”) for enrolling and/or continued enrollment in Rush Hour Rewards. Incentives will be provided pursuant to the applicable MGE offer and the automatic enrollment of additional Nest Thermostats may not result in additional Incentives.

The Incentives are provided solely by MGE. 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. MGE reserves the right to seek further information to verify your eligibility for the Incentives.

Agreement

By submitting this Agreement, you agree that:

MGE 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 MGE with Nest.

Nest may share certain information (including, but not limited to, your name, email address, service address, MGE account number, Nest Thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with MGE 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. In addition, Nest may share with MGE your decision to opt out of Rush Hour Rewards or your deletion of your Nest account, each of which will automatically result in the termination of your enrollment in Rush Hour Rewards.

The information you have provided as part of this Agreement is truthful and you meet the minimum eligibility requirements. Nest or MGE 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 (https://nest.com/legal) and applicable laws and regulations.

You release and hold harmless Nest and MGE 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.