Legal Items

Omaha Public Power District

Rush Hour Rewards Program Agreement for OPPD 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 Omaha Public Power District ("OPPD") 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 OPPD 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 OPPD to enroll you in Rush Hour Rewards, pursuant to the terms and conditions below. Any additional Nest thermostats installed at your OPPD 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.

Eligibility Requirements

The Rush Hour Rewards Program is available to OPPD residential electric customers who meet certain eligibility requirements. In order to participate, you must: (1) be a OPPD residential electric service account holder; (2) have an 802.11 wireless network at the OPPD 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. Customers currently enrolled in the OPPD Cool Smart program, or another OPPD demand reduction program, will not be eligible for the Rush Hour Rewards program.

In addition, you must have an installed, operable Nest thermostat controlling a working air conditioning or heat pump unit at your OPPD service address.

Incentive(s)

OPPD account holders accepted into the program by OPPD 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 OPPD offer and the automatic enrollment of additional Nest thermostats may not result in additional Incentives.

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

Agreement

By submitting this Agreement, you agree that:

Nest may share certain information (including, but not limited to, your name, service address, OPPD account number and/or premise ID, Nest thermostat serial number, activation date, Nest account status, runtime data, set-points, and related details) with OPPD to verify that you are eligible to participate in the Rush Hour Rewards Program, to implement the Rush Hour Rewards Program (including verifying eligibility for, and payment of, Incentives, and communicating with you about the Rush Hour Rewards Program), and to evaluate the comprehensive energy impact of the Nest thermostat and/or Nest’s other products and/or services. In addition, Nest may share with OPPD 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 OPPD 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 OPPD from any liability, claim, demand, cause of action, damage or expense resulting from your participation in the Rush Hour Rewards Program.

You agree that Nest or OPPD may change or discontinue the Rush Hour Rewards program at any time by providing notice to you of such change or discontinuance.

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.