City Energy ChallengeOfficial Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE.

OPEN ONLY TO PERSONS AGE 18 OR OLDER WHO LIVE IN AN “ELIGIBLE CITY” (AS DEFINED IN THE OFFICIAL RULES) IN CALIFORNIA, ARE AN ELECTRIC SERVICE CUSTOMER OF PG&E, SC&E OR SDG&E AND ARE NOT ALREADY OHMCONNECT USERS. PARTICIPATION REQUIRES ENROLLMENT WITH OHMCONNECT AND REDEMPTION OF OHMCONNECT’S SMART DEVICE OFFER. CALIFORNIA LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED. INDIVIDUAL PARTICIPANTS WILL NOT BE ELIGIBLE TO RECEIVE ANY PRIZE. EACH PRIZE WILL BE AWARDED ONLY TO AN ELIGIBLE CITY, AS DESCRIBED IN THE OFFICIAL RULES.

1. ELIGIBILITY TO PARTICIPATE

OhmConnect, Inc. (“Sponsor”) is conducting the City Energy Challenge (the “Challenge”) to award the Scholarship Funds Award (as defined below) to an Eligible City (as defined below). “Eligible City” means one of the cities in California listed on the Challenge website (ohmconnect.com/promotions/city-energy-challenge), as such website may be updated from time to time. The Challenge is open for participation only by persons age 18 and older who live in an Eligible City and are an electric service customer of PG&E, SC&E or SDG&E, subject to the exclusions described below. To be eligible, the potential participant must be the account holder of a qualifying electric service account.  A person who lives in a household in an Eligible City that receives electric service from PG&E, SC&E or SDG&E will not be eligible to participate in the Challenge unless that person is the account holder of the electric service account. Persons who prior to the start of the Challenge Period (as defined below) already are enrolled with OhmConnect or already are enrolled in a demand response program are not eligible to participate. All determinations regarding the conduct of the Challenge, including, without limitation, eligibility determinations, will be made by Sponsor in its discretion. California law governs this Challenge. Void where prohibited by law.

2. HOW TO PARTICIPATE

No purchase is necessary. The Challenge begins at 10:15 a.m. Pacific Time (PT) on May 19, 2021 and continues through 11:59 p.m. PT on September 30, 2021 (the “Challenge Period”).  To participate, an eligible person must, during the Challenge Period, (a) enroll as an OhmConnect user, (b) obtain a smart thermostat or other smart device from Sponsor pursuant to the offer described below and (c) connect the device with the OhmConnect service. Each such person who completes those three steps will be a “Challenge Participant.

OhmConnect Enrollment:
To enroll as an OhmConnect user, visit ohmconnect.com. Enrollment is subject to eligibility requirements and requires acceptance of the OhmConnect Terms of Service (ohmconnect.com/terms-of-service).

Obtain a Smart Device:
To obtain a smart device from Sponsor free of charge, click the link and follow the instructions on the Challenge website (ohmconect.com/promotions/city-energy-challenge). The smart device offer (the “Device Offer”) is subject to the terms and conditions (available at ohmconnect.com/endcablackouts/offer-terms). Obtaining a smart thermostat or other smart device from Sponsor pursuant to the Device Offer requires, among other things, that the electricity service account holder authorize utility usage data to be shared with Sponsor. In addition, as described in more detail in the Device Offer terms and conditions, if the smart device is not connected to OhmConnect within 30 days of delivery, the person redeeming the Device Offer will be charged the MSRP price of the smart device. Please see endcablackouts.com for offer eligibility requirements, terms and conditions and additional information about the Device Offer.

General Conditions of Challenge Participation:
There is a limit of one Challenge Participant per household. If any person attempts to participate in the Challenge improperly by using multiple email addresses or identities, or through any other improper means, Sponsor will have the right in its discretion to void that person’s participation and/or to disqualify the person from the Challenge. In connection with any applicable deadlines, completion times will be determined using a computer designated by Sponsor, which will be the official clock for the Challenge. Participation is subject to verification at any time. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.

3. SELECTION OF WINNING ELIGIBLE CITIES

With respect to each Eligible City, OhmConnect will determine the number of Challenge Participants and the Participation Percentage (as defined below). “Participation Percentage” means the number of Challenge Participants divided by the total number of households in the Eligible City as of the start of the Challenge Period, as determined by Sponsor. Sponsor will have the right in its sole discretion to use such data as it determines to establish the total number of households in the Eligible City. The Eligible City that has the largest Participation Percentage will be eligible to receive the Scholarship Funds Award (such Eligible City, the “Winning City”). All aspects of the determination of the Winning City (including calculation of the number of Challenge Participants and calculation of the Participation Percentage for each Eligible City) will be made by Sponsor in its sole discretion. The Winning City will be notified by Sponsor and will be required to sign such prize acceptance agreement or other documentation as required by Sponsor.

4. SCHOLARSHIP FUNDS AWARD

The Scholarship Funds Award consists of $50,000 USD, to be used by the applicable Winning City to provide 10 scholarships of $5,000 each to residents of the Winning City for expenses relating to education or job training. The Scholarship Funds Award will be awarded to the Winning City in a form and via a means determined by Sponsor. The Winning City will be responsible for distributing scholarship funds to individual recipients. All determinations regarding eligibility to receive a scholarship and the manner and means by which scholarship funds will be distributed by the Winning City will be made solely by the Winning City. Sponsor is not responsible for and will not have any liability in connection with any such determinations. In connection with this Challenge, Sponsor is not promising or awarding any scholarship funds or other prize to any Challenge Participant or any other person. The Scholarship Funds Award will be paid only to the Winning City. No substitution or transfer of the right to receive a Scholarship Funds Award is permitted, except in the discretion of Sponsor. All Scholarship Funds Award details that are not expressly specified in these Official Rules will be determined by Sponsor in its discretion. The Scholarship Funds Award will be awarded if properly claimed.

5. RELEASE AND LIMITATION OF LIABILITY

By participating in the Challenge, to the fullest extent permitted by applicable law, each Challenge Participant releases and agrees to hold harmless Sponsor, each of Sponsor’s parent companies, subsidiaries and affiliates, all other companies involved in the development or operation of the Challenge, all other companies involved in the provision of the prize or any component of the prize, the agents and contractors of each of the foregoing, and the directors, officers and employees of each of the foregoing (collectively, the “Released Parties”) from and against any and all claims and causes of action of any kind that the Challenge Participant ever had, now has or might in the future have, and all liabilities, damages and expenses of any kind, arising out of or relating to the Challenge, any Challenge website, participation in the Challenge or the awarding of any prize, including without limitation any and all claims and causes of action (a) relating to any personal injury, death or property damage or loss sustained by any Challenge Participant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right or (c) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each Challenge Participant agrees not to assert any such claim or cause of action against any of the Released Parties. Each Challenge Participant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Challenge. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the marketing of or other communications concerning the Challenge, the administration of the Challenge or the announcement of the Winning City. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete communications, registrations or attempts to participate, incorrect or inaccurate capture of, damage to, or loss of information, or any other human, mechanical or technical error of any kind relating to communications or attempted communications with any Challenge Participant and/or the administration of the Challenge. The Released Parties are not responsible for, and will not have, any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.

6. GENERAL RULES

Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Challenge at any time in its discretion, including without limitation if a virus, bug, technical problem, fraud or misconduct or other cause beyond the control of Sponsor corrupts the administration, integrity, security or proper operation of the Challenge or if for any other reason Sponsor is not able to conduct the Challenge as planned (including without limitation in the event the Challenge is interfered with by any fire, flood, pandemic, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or federal, state or local law, order or regulation or court order). In the event of termination of the Challenge, a notice will be posted on Sponsor’s website and the Winning City will be selected based on the Participation Percentage of each Eligible City as of the date of termination, or using another selection method as reasonably determined by Sponsor. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Challenge any individual who, in its discretion, it determines or believes (i) has violated the OhmConnect Terms of Use, (ii) has tampered with the Challenge or has undermined the fair or legitimate operation of the Challenge, including by cheating, hacking, deception or other unfair practices, (iii) has engaged in conduct that annoys, abuses, threatens or harasses any other Challenge Participant or any representative of Sponsor or (iv) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR APPLICATION ASSOCIATED WITH THE CHALLENGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to obtain or participate is prohibited and Sponsor has the right, in its sole discretion, to disqualify any person who Sponsor believes may have been obtained submitted using such an agent or automated device, program or method. In the event of a dispute regarding the identity of a Challenge Participant, the Challenge Participant will be deemed to be the authorized holder of the relevant OhmConnect account. The Challenge is subject to all applicable federal, state and local laws and regulations. All materials submitted in connection with the Challenge will not be returned. By participating in this Challenge, each Challenge Participant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.

7. DISPUTES

By participating in the Challenge, each Challenge Participant agrees, to the maximum extent permitted by applicable law, that (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Challenge, but in no event attorneys’ fees; (b) under no circumstances will any Challenge Participant be permitted to obtain any award for, and each Challenge Participant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses; and (c) each Challenge Participant’s sole and exclusive remedy with respect to any and all disputes, claims, and causes of action arising out of or connected with the Challenge will be an action at law for the recovery of monetary damages only. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the Challenge Participants and Sponsor in connection with the Challenge shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of California. Any legal proceedings arising out of this Challenge or relating to these Official Rules shall be instituted only in the federal or state courts located in Alameda County, California, waiving any right to trial by jury, and each Challenge Participant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to any of the foregoing. In the event of any conflict between these Official Rules and any Challenge information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.

8. USE OF INFORMATION

By participating in the Challenge, each Challenge Participant agrees that information submitted or obtained in connection with the Challenge may be used as determined by Sponsor in connection with the administration of the Challenge and to send marketing and promotional communications to Challenge Participants, and as otherwise permitted pursuant to the OhmConnect Privacy Policy (available at ohmconnect.com/privacy-policy).

9. WINNING CITIES’ NAMES AND RULES REQUESTS

For the name of the Winning City, available after September 30, 2021, or a copy of these Official Rules, send a self-addressed stamped envelope to: OhmConnect, Inc., 371 3rd Street, 2nd Floor, Oakland, CA 94607. Requests must be received by Sponsor within six months after the conclusion of the Challenge Period.

10. SPONSOR

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