Rush Hour Rewards under WiFi Thermostat Rewards Program Terms & Conditions

Rev. 1/5/2021

These Terms & Conditions govern the Rush Hour Rewards under WiFi Thermostat Rewards Program (the “Program”).  By agreeing to these Program Terms & Conditions, Participant acknowledges that Participant has read, understands, and agrees to these Program Terms & Conditions.

The Program is managed and operated by CPS Energy, having an office address at: 500 McCullough Avenue, San Antonio, Texas 78215. CPS Energy is responsible for operating a load reduction program with the goal of recruiting participants for a demand response program. This program is available for qualified residential and commercial customers in the utility territory.

The Program may be administered by a third-party administrator (“Program Administrator”). At present, the Program Administrator is Ademco Inc., a subsidiary of Resideo Technologies, Inc., a Delaware corporation, having a place of business at 1985 Douglas Drive, Golden Valley, MN 55422. By agreeing to these Rush Hour Rewards under WiFi Thermostat Rewards Terms & Conditions, you are also agreeing to Program Administrator’s EULA and Privacy Policy, available at https://connectedsavings.com/eula and https://connectedsavings.com/privacy-overview/privacy-policy/ (respectively) or such other location as notified by the Program Administrator on its website.  Participant agrees that Program Administrator has the right to make changes to such EULA and such Privacy Policy from time to time without requiring notice or the Participant’s consent. As between Participant and Program Administrator, such EULA and Privacy Policy apply to all matters arising out of or in connection with the Program (including, for the avoidance of doubt, as regards limitations and exclusions of liability as well as data usage rights, retention and consents) and in the event of a conflict or inconsistency between these Rush Hour Rewards under WiFi Thermostat Rewards Terms & Conditions and such EULA and/or Privacy Policy, as between the Participant and the Program Administrator such EULA and/or Privacy Policy shall control to the extent required to resolve such conflict or inconsistency.

Your agreement to these terms (“Agreement”) gives CPS Energy and Program Administrator permission to utilize your billing contact information for purposes of enrollment verification, rebate processing, and Program marketing. Your agreement to these terms (“Agreement”) gives Program Administrator permission to access your thermostat and thermostat data which Program Administrator will share with CPS Energy.

At any time, you may override this temperature setpoint simply by turning your thermostat to a different temperature, or by using the thermostat’s native interface, website, or mobile application.

ELIGIBILITY REQUIREMENTS 

To be eligible to participate in the Program, Participant must (for the duration of the Program):

  • Be a CPS Energy customer with an active electric utility account.
  • Use electric heat or central air conditioner at the CPS Energy service address location of the thermostat.
  • Have an installed Wi-Fi-enabled thermostat installed that is controlling a ducted heat pump system or central air conditioner at the CPS Energy service address.
  • Must have an internet connection.

If Participant moves to a different residence, the participant needs to re-apply for the program if the new residence meets the eligibility requirements. Only one member of a household is eligible to participate as a Participant in the Program at a given address.

EVENTS

  • During CPS Energy Program events, CPS Energy will automatically inform Participant’s thermostat of the existence of a demand response event (an “Event”) and may cause the thermostat to temporarily adjust the temperature set-point during the demand response time period on that day. Participant will be notified of an Event; in an emergency, CPS Energy may deploy an Event without notice if deemed necessary.
  • Participant authorizes CPS Energy to automatically adjust qualifying thermostat(s) at Participant’s service address.
  • CPS Energy will not call Events on holidays. Identified holidays are: New Year’s Day (January 1), Memorial Day (last Monday in May), Independence Day (July 4), Labor Day (first Monday in September), Thanksgiving Day (fourth Thursday in November), and Christmas Day (December 25).
  • Participant may override events at any point during the event.

INCENTIVES

  • CPS Energy will issue a rebate in the form of a bill credit for signing up for the program.
    • The participation incentive is provided solely by CPS Energy. CPS Energy will credit an $85 sign-up incentive per installed thermostat to eligible Participants who complete the enrollment process. Participants can expect to receive a sign-up incentive payment between 6-10 weeks from the completion of enrollment.
    • CPS Energy reserves the right to adjust incentives during promotional periods.
    • CPS Energy will pay a $30 bill credit seasonal incentive following the summer season of each year. This annual bill credit will be one per business or household account.
  • CPS Energy may offer alternative incentive structures in lieu of the incentives described above. Participants participating in alternative incentive structures, such as a free Wi-Fi thermostat program, may not be eligible for the same incentives as described above.

INFORMATION SHARING

Participant agrees that:

  • CPS Energy or the Program Administrator may send Participant emails, and other notifications related to the Program, including notifications about enrollment status and Program-related adjustments to thermostat settings.
  • CPS Energy may send Participant emails related to the fulfillment of incentives.
  • CPS Energy and the Program Administrator may exchange data related to Participant’s identity and Participant’s service address including for the purposes of fulfilling their obligations under the Program.
  • If CPS Energy or the Program Administrator cannot collect the required information, Participant may not be eligible to participate in the Program.
  • CPS Energy or Program Administrator reserve the right to share anonymized data with a third-party for measurement and verification purposes.

TERMINATION / WITHDRAWAL

  • CPS Energy reserves the right to unilaterally remove any Participant from the Program based upon level of participation (such as being offline for prolonged periods or for lack of participation) or for any other reason without liability or penalty. A notice will be sent to Participant after they have been removed from the Program.
  • Participant may opt-out of the Program at any time by contacting energysupport@resideo.com. Please allow one to two business days for unenrollment to take effect.
  • These  Rush Hour Rewards under WiFi Thermostat Rewards Program Terms & Conditions may be altered, changed, modified or assigned by CPS Energy at any time with or without notice to Participant.
  • Incentives available under the Program may be changed, modified, substituted, replaced, ceased, or terminated at any time at CPS Energy’s sole discretion. Participant’s continued enrollment in the Program constitutes Participant’s acceptance of any and all such changes, replacements, assignments, or terminations.
  • In the event that the incentive amount changes during the course of the Program, the application postmark date will be used to determine equipment eligibility and incentive amount.

DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY

THE RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS PROGRAM IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.  PARTICIPANT ASSUME ALL RISK OF PARTICIPATION IN THE RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS PROGRAM.   CPS ENERGY AND PROGRAM ADMINISTRATOR MAKES NO REPRESENTATION OR WARRANTY, AND ASSUMES NO LIABILITY WITH RESPECT TO QUALITY, SAFETY, PERFORMANCE, OR OTHER ASPECT OF ANY DESIGN, SYSTEM PRODUCT OR APPLIANCE INSTALLED PURSUANT TO THE RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS PROGRAM, OR ENERGY SAVINGS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATION, WARRANTY OR LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, PARTICIPANT AGREES TO INDEMNIFY CPS ENERGY, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AGAINST ALL LOSS, DAMAGE, EXPENSE, FEES, COSTS AND LIABILITY ARISING OR RELATED TO ANY ACT, BREACH, DEFAULT OR OMISSION UNDER THESE RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS PROGRAM TERMS & CONDITIONS OR IN CONNECTION WITH THE  RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS PROGRAM.  CPS ENERGY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN THE RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS PROGRAM OR ARISING FROM OR IN CONNECTION WITH ANY BREACH OF THESE RUSH HOUR REWARDS UNDER WIFI THERMOSTAT REWARDS TERMS & CONDITIONS.