CCA Free Smart Device Offer Terms

Last updated: September 24, 2021

This page describes the terms and conditions (“Offer Terms”) that apply to OhmConnect’s Free Smart Device Offer which we hope will help end California blackouts (referred to in these terms and conditions as the “Smart Device Promotion” or the “Promotion”), open to California residents who are electric service customers of the following Community Choice Aggregation (“CCA”) programs: Apple Valley Choice Energy, Baldwin Park Resident Owned Utility District, Lancaster Choice Energy, Pico Rivera Innovative Municipal Energy, Santa Barbara Clean Energy, San José Clean Energy, Clean Energy Alliance and Desert Community Energy (collectively, the “Participating CCAs”), all as further described below.    

The Promotional Period runs from 5:00 PM Pacific time on September 30, 2021 to 5:00 PM Pacific time on October 31, 2021PLEASE READ THESE OFFER TERMS CAREFULLY AND IN FULL. THEY CONTAIN CONDITIONS AND RESTRICTIONS ON THE SMART DEVICE PROMOTION AS WELL AS INFORMATION ON WHAT HAPPENS IF YOU FAIL TO COMPLETE THE OHMCONNECT REGISTRATION PROCESS AFTER RECEIVING YOUR SELECTED SMART DEVICE, INCLUDING WHEN YOU CAN BE CHARGED FOR THE PRICE OF THE SMART DEVICE IF YOU FAIL TO TIMELY CONNECT THE DEVICE TO OHMCONNECT WITHIN THE PERIOD SPECIFIED.

1. Introduction

OhmConnect is a free service that can help consumers decrease energy usage during periods of high demand. OhmConnect, Inc. (“OhmConnect”) has partnered with Google and several other manufacturers to offer free smart thermostats and other smart devices as part of the Smart Device Promotion to existing electric service customers of the Participating CCAs, who are new to OhmConnect. Smart Device Promotion participants are referred to in these Terms and Conditions as “Participants.”

These Offer Terms for the Smart Device Promotion incorporate by reference the additional terms and conditions corresponding to OhmConnect’s Demand Response Program and, for those who are eligible for and elect to receive a Google Nest thermostat, Google’s Nest Rush Hour Rewards Program, both of which can be found here:

For those electing to receive a Nest thermostat as part of the Smart Device Promotion, the OhmConnect Demand Response Program is provided in conjunction with Google’s Nest Rush Hour Rewards Program, and enrollment in both is required to qualify for a free Nest thermostat. If you receive a smart device other than a Nest thermostat, such smart devices may require your agreement to other terms and conditions between you and the manufacturer or licensor of that smart device. Regardless, you must be a new OhmConnect customer and enrolled in OhmConnect’s Demand Response Program to be eligible to participate in the Smart Device Promotion.

These Offer Terms are meant to be consistent with and supplementary to the General Terms and the Nest Terms (as applicable). In the event of any inconsistency or direct conflict between these Offer Terms and the General Terms, these Offer Terms will prevail.

2. The Smart Device Promotion

Smart Device Promotion: Subject to availability, OhmConnect will provide each individual who completes the eligibility requirements between 9/30/21 at 5:00 PM Pacific Time (PT) and 10/31/21 at 11:59 PM (PT) (the “Promotional Period”) with one of following devices: (1) Google Nest thermostat, (2) ecobee 3 lite Thermostat, (3) Sensi Smart Thermostat or (4) 2 Smart OhmPlugs with a $25 credit added to their OhmConnect wallet (which the consumer can redeem via PayPal). While supplies last.

The Smart Device Promotion cannot be combined with any other OhmConnect promotions or offerings. OhmConnect reserves the right, at its sole discretion, to suspend, modify or terminate the Smart Device Promotion for any reason or for no reason. All information collected by OhmConnect in connection with the Smart Device Promotion will be collected and used in accordance with the Privacy Policy.

3. Eligibility

To be eligible for the Promotion, you must satisfy all of the following conditions and steps:

To reserve your free smart device, you must complete steps 1-6 on or before 10/31/21 at 11:59pm Pacific Time:

Step 1:

Set up an OhmConnect Account. Participants must become first time, fully enrolled customers of OhmConnect, Inc.To do so, visit the offer page identified below that is associated with your Participating CCA and create a new OhmConnect account by providing your email address, zip code, first name, and phone number and creating a password. To become an OhmConnect customer, you must agree to the OhmConnect General Terms.

Step 2:

Authorize Your Utility to Share Usage Data. As part of enrolling in OhmConnect’s Demand Response Program, as well as to be eligible for this Promotion, Participants must authorize utility usage data to be shared with OhmConnect.

Before proceeding to Step 3 or 4 (as applicable), your utility (SCE, SDG&E or PG&E) must confirm that sharing has been authorized. Depending on your utility’s authorization process, this may take anywhere from 2 minutes to several weeks, although the average time is approximately 10 minutes.

Step 3:

If you opt to receive a Google Nest thermostat, join Google Nest’s Rush Hour Rewards Program. For those electing to receive a Nest thermostat as part of the Smart Device Promotion, enrollment in both the OhmConnect Demand Response Program and Google's Rush Hour Rewards Program is required.

Step 4:

Provide a Credit Card. You must furnish OhmConnect with a valid credit card and provide your authorization for us to charge your card for the MSRP of the smart device you elect to receive.  A Smart Device Promotion participant will be charged for the device if they fail to connect the smart thermostat or OhmPlugs to OhmConnect associated with your SCE, SDG&E or PG&E electric utility account within 30 days of delivery to the shipping address provided in Step 5. See below for MSRP.

Step 5:

Provide Shipping Address. Provide a shipping address to where the smart device will be shipped.

Step 6:

To complete the qualifications for a free smart device, you must become an Active User of the OhmConnect Program and Platform within the Promotional Period, including by engaging and participating with the OhmConnect platform, communications and/or events.

4. Additional Terms and Conditions

You are solely responsible for purchasing, maintaining and using at your own expense all utility, Wi-Fi, access to the internet, communications and other equipment and devices necessary to participate in the Promotion.

Employees, officers and directors of OhmConnect, its parent, subsidiaries, and affiliated companies, advertising, promotion, and production agencies, Webmasters and Web suppliers, their immediate family members (parents, grandparents, children, siblings, and spouse of any of the foregoing) regardless of where they live and individuals residing in their same household, whether related or not, are not eligible to participate in the Promotion.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PROMOTION IS PROVIDED “AS IS,” AND AS AVAILABLE AND EXCLUSIVE OF ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OHMCONNECT DOES NOT WARRANT THAT THE PROMOTION INCLUDING ANY DEVICES OR SERVICES PROVIDED AS PART OF THE PROMOTION WILL BE ERROR FREE OR UNINTERRUPTED. OHMCONNECT DOES NOT WARRANT OR SUPPORT THE SMART DEVICES PROVIDED AS PART OF THE PROMOTION, AND OHMCONNECT IS NOT RESPONSIBLE FOR ANY DISCLOSURE OF INFORMATION YOU PROVIDE TO THIRD PARTIES (INCLUDING GOOGLE) AS PART OF THIS PROMOTION. IN ADDITION TO THE LIMITATION OF LIABILITY IN THE GENERAL TERMS, OHMCONNECT WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE ANY SMART DEVICE. AS A CONDITION OF PARTICIPATING IN THE PROMOTION, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS OHMCONNECT, INC., ITS AFFILIATED ENTITIES, AND ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY WHATSOEVER OR ANY INJURIES, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THIS PROMOTION, INCLUDING, WITHOUT LIMITATION, THE USE, ACCEPTANCE, POSSESSION, OR MISUSE OF ANY SMART DEVICE; PARTICIPATION IN THE OHMCONNECT SERVICE; OR PARTICIPATION IN GOOGLE’S RUSH HOUR REWARDS PROGRAM.

6. Fraud

Use of automated, robotic, programmed and like methods of online participation are prohibited. Persons who tamper with or abuse any aspect of the Promotion, as determined by OhmConnect in its sole discretion, will be disqualified. OhmConnect may also prosecute such persons to the full extent of the law.

7. Changes

From time to time, OhmConnect may change these Offer Terms. If it does so, the “Last Updated” line above will be revised. You are responsible for regularly reviewing these Offer Terms. Your continued participation in the Promotion following the posting of changes to the Offer Terms indicates your acceptance of those changes. OhmConnect also reserves the right at its sole discretion to suspend, modify or terminate the Promotion for any reason or for no reason.

8. Questions

If you have any questions, please contact OhmConnect at OhmConnect, Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607.

OhmConnect: OhmConnect, Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607.