New York Smart Device Offer Terms
Last updated: March 3, 2022
This page describes the terms and conditions (“Offer Terms”) that apply to OhmConnect’s Smart Device Offer (referred to in these terms and conditions as the “Smart Device Promotion” or the “Promotion”).
Some New York residents cannot participate in this Smart Device Promotion because they are not electric service customers of Con Edison, even though they live in a New York zip code.
PLEASE 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 THE FULL PRICE OF THE SMART DEVICE PLUS APPLICABLE TAX IF YOU FAIL TO TIMELY CONNECT THE DEVICE TO OHMCONNECT WITHIN THE PERIOD SPECIFIED.
OhmConnect is a free service that can help consumers decrease energy usage during periods of high demand. OhmConnect, Inc. (“OhmConnect”) has partnered with several smart device manufacturers to offer (1) a free smart plug (such as an OhmPlug or TP-Link smart plug) or (2) a discounted smart thermostat (such as the ecobee3 lite thermostat, Sensi smart thermostat, or a Sensibo Sky Smart AC Controller) to existing Con Edison electric service customers 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, which can be found here:
If you opt for a smart device, such smart device may require your agreement to other terms and conditions between you and the manufacturer or licensor of that smart device. Regardless, in addition to the other eligibility requirements described herein, 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 Terms of Service, and any other terms imposed by the smart device manufacturers or licensors of the smart device (as applicable). In the event of any inconsistency or direct conflict between these Offer Terms and the Terms of Service or any other additional terms, these Offer Terms will prevail.
2. The Promotion
Smart Device Promotion: Subject to availability, OhmConnect will provide each individual who completes the eligibility requirements between March 4, 2022 at 12:00 AM Pacific Time (PT) and April 30, 2022 at 11:59 PM (PT) (the “Promotional Period”) with one of following devices: (1) a free smart plug, or (2) either (a) an ecobee3 lite thermostat, (b) a Sensi smart thermostat, or (c) a Sensibo Sky Smart AC Controller at the discounted price of $38.99 plus applicable sales tax. While supplies last.
To be eligible for the Promotion, Participants must satisfy all of the following conditions and steps:
You must be a new OhmConnect user, new to and enrolled in OhmConnect’s Demand Response Program, a legal resident of New York, 18 years of age or older, have an active Con Edison utility account, have adequate Wi-Fi in your home, and not be currently enrolled in a demand response program.
Complete all of the following Steps 1-5 during the Promotional Period. Upon completion of Steps 1-5 below, the smart device will be shipped to you at the address provided in Step 4 and you will be notified that the device is on its way.
To qualify for your discounted smart device, you must complete steps 1-5 on or before April 30, 2022 at 11:59 pm Pacific Time:
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, your utility (Con Edison) 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.
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 discounted price of the smart device you elect to receive. At this step, we will charge your credit card the discounted price of the device plus applicable sales tax, which will be calculated after you provide your shipping address in Step 4. If you selected the smart thermostat, you will be charged the full MSRP (less the $38.99 amount and sales tax already paid for the smart thermostat) if you fail to connect the smart thermostat to OhmConnect associated with yourCon Edison electric utility account within 30 days of delivery of the smart thermostat to the shipping address provided in Step 4. See below for MSRP.
Provide Shipping Address. Provide a shipping address to where the smart device will be shipped.
To complete the qualifications for a discounted smart plug or discounted smart thermostat, 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.
Remember: You must connect the smart device to OhmConnect and your utility (Con Edison associated with your OhmConnect account) within 30 days of delivery or you will be charged the full amount for thesmart device. If you do not connect the smart device within this thirty-day period, we will charge your credit card for the MSRP of the smart thermostat delivered to you (less the discounted amount plus sales tax already paid for the smart thermostat):
- Ecobee 3 lite Thermostat: $169.99 MSRP.
- Sensi Smart Thermostat: $129.99 MSRP.
- Sensibo Sky Smart AC Controller: $159.99 MSRP
Instructions for how to install and connect to OhmConnect will be provided with the smart device.
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 AS PART OF THIS PROMOTION. IN ADDITION TO THE LIMITATION OF LIABILITY IN THE TERMS OF SERVICE, 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; OR PARTICIPATION IN THE OHMCONNECT SERVICE.
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 from participation in the Promotion. OhmConnect may also prosecute such persons to the full extent of the law.
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.
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.