1. Eligibility: This is a voluntary program for OPPD’s qualifying electric customers. To be eligible for the Program, in addition to agreeing to the Program Terms and Conditions as set forth herein and any other requirements stated by OPPD and/or in the Program criteria, You must: (1) have a qualifying electric service account, in good standing, with  OPPD; (2) have an installed, operable and compatible Smart Thermostat controlling Your primary cooling (or heating) appliances, at Your service address; and (3) maintain primary cooling (or heating) appliances as the primary cooling (or heating) appliance(s) at Your service address.

2. Device Connectivity and Access for OPPD: To participate, You must allow OPPD access to control Your Smart Thermostat. You are responsible for acquiring and maintaining: (i) a working and reliable internet connection and Wi-Fi network (if device requires Wi-Fi) and other related equipment in Your home that is positioned to communicate reliably; (ii) an internet service provider (“ISP”); (iii) other system elements that may be specified as required by OPPD or the manufacturer of any required equipment (i.e. smart phone apps and active accounts with the smart thermostat manufacturer). You are responsible for all fees charged by the ISP in connection with participation in the Program. You agree to use best efforts to maintain and repair Your primary cooling (or heating) appliances to keep it/them in satisfactory operating condition. You must satisfy these requirements for as long as You are in the Program, using best efforts to maintain connectivity of Your Smart Thermostat, and ensure it is online and able to be called upon during a program event.
   
   Your participation in the Program may be terminated in the event that OPPD is unable to communicate with or access Your Smart Thermostat and communication or access is not restored within thirty (30) days. If communication or access is restored at a future date, you may opt back in if the Program is accepting new participants but would not qualify for any initial bill credit as shown in Program criteria.

3. Program Modification or Termination: OPPD may modify or terminate the Program for any reason including, but not limited to, change in regulations and/or not receiving approvals from electricity grid governing bodies; decision of the Utility’s governing body to modify or discontinue the Program; Smart Thermostat Manufacturer changes or discontinuance of support for the Program; and other such events.  If any of these happen, OPPD will notify You. You may not receive further Program incentives after such termination of the Program. In any event, OPPD reserves the right to substitute an incentive of equal value to any described Program participation incentive at OPPD’s sole discretion at any time.

4. Control of Device: You acknowledge and agree that OPPD may control Your Smart Thermostat device(s) in Your home to remotely trigger an event that will cause Your Smart Thermostat to automatically change the temperature set point on that day, without any manual intervention by You.  You will have the ability to opt out of event control and override any OPPD control simply by adjusting Your Smart Thermostat to a different temperature or, where supported by Your Smart Thermostat Manufacturer, by using the mobile or web application You regularly use with Your Smart Thermostat. You understand that if You opt out or override an event’s control settings, You may affect Your incentives or Program eligibility.
   
   You authorize the Utility to contact You by email and other means for items and issues related to the Program, including but not limited to, providing advanced notice when events are scheduled to occur.

5. Data Access: You authorize OPPD, OATI, and their respective agents, contractors, and service providers, to collect and use Your personal information or data related to Your enrollment and participation in the Program, which shall mean Your name, email address, service address, utility account number, thermostat serial number, activation date, Your enrollment information, statistics and data about Your energy use, any opt out decisions or actions by You, or other information related to Your participation in the Program. Any personal information or data collected by OPPD or OATI during the course of the Program will be used only for administering or reporting on the Program pursuant to this Agreement. This information will be used by OPPD and OATI for the administration, evaluation, and reporting on the Program. You agree that information about Your service account, energy usage, and devices connected to Your service account, as well as any information You provide while applying for the Program or that is related to the Program may be used by OPPD and OATI for the purpose of ensuring enrollment eligibility, compliance with Program requirements and analyzing program performance data.
   
   OPPD and OATI may summarize or provide information about the results of the Program in publicly available studies or reports.In such case, data will be anonymized in a way that You cannot be individually identified. By signing up to participate in the Program, You consent to this information being accessed and provided to or by OPPD, OATI, and/or their respective agents, contractors, and service providers.

6. Enrollment & Term: Agreement with these terms and conditions shall be effective commencing on Your submission of enrollment information and continue in effect unless or until terminated by either party. Either party may terminate this Agreement for any reason by providing the other party written notice. Participation in the OPPD Smart Thermostat Program is voluntary and You may withdraw from the Program at any time. Withdrawal may render You ineligible to receive program incentives or future Program participation. You may provide written notice to OPPD at the following address: customerservice@oppd.com or by calling OPPD Customer Care at 402-536-4131.
   
   If You violate the terms and conditions of this Agreement, Utility may immediately terminate Your participation in the Program, and may elect to disqualify You from eligibility for incentives and/or future participation in the Program.

7. Liability: YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. IN NO EVENT SHALL OPPD NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANY PERSONS OR PROPERTY RESULTING FROM OR ARISING OUT OF ANY USE, REPAIR, DELAY IN REPAIRING, REPLACEMENT OF, MODIFICATION TO, UNAVAILABILITY OF, OR STATUS OF THE DEVICE SYSTEM. NEITHER OPPD NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS SHALL BE RESPONSIBLE FOR ANY COSTS RELATED TO THE REPAIR, MAINTENANCE OR REPLACEMENT OF YOUR DEVICE SYSTEM.

8. Indemnification: YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS OPPD, AND ITS DIRECTORS, OFFICERS, AND EMPLOYEES, AND  PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS, FOR ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, INJURY, EXPENSE, OR DAMAGE TO ANY PERSONS OR PROPERTY ARISING FROM THEIR ACCESS AND USE OF YOUR SMART THERMOSTAT DEVICE OR SYSTEM, OR CAUSED BY ANY BREACH OF THIS AGREEMENT BY YOU, YOUR NEGLIGENCE OR THAT OF YOUR HOUSEHOLD MEMBERS, AGENTS, SERVANTS, EMPLOYEES, TENANTS, LICENSEES, INVITEES, TENANT’S INVITEES, OR INDEPENDENT CONTRACTORS. OPPD HAS NO LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.

9. General Provisions: This Agreement is governed and construed and enforced in accordance with the laws of the State of Nebraska without regard to its choice of law provisions. This Agreement supersedes any prior agreements and contains the entire agreement of the Parties and all representations with respect to the subject matter hereto. Any prior correspondence, memoranda or agreements are replaced in total by this Agreement. The waiver of any of the rights or remedies arising pursuant to this Agreement on any occasion by any Party shall not constitute a waiver of any rights or remedies in respect to any subsequent breach or default of the terms of this Agreement. As a condition of participating in this Program, You agree that all disputes that cannot be resolved amicably will be resolved individually, and will not be subject to class action or other similar process.

 
END OF TERMS AND CONDITIONS
 
Program Criteria:
 
Once accepted into the Program the customer will receive a onetime bill credit, on the service address account, of $75 and a participation bill credit of $20 at the end of each season for their participation.
 
The season is defined as May 1 through October 31 of each year.
 
Events take place between 12:00 PM and 9:00 PM (CST).
 
Events will only occur Monday through Friday and not on weekends or holidays.
 
There is a maximum of 15 events per season and a maximum of three events per calendar week (one per day).
 
OPPD reserves the right to call emergency events in which case the customer will be notified in advance.