Promotion and Rewards Terms and Conditions

This agreement sets forth the general terms and conditions (“Promotion Terms”) that apply to your participation in any promotion offered by Inspire Digital Services PJM, LLC and/or Inspire Digital Services California, LLC (“Inspire”), including any introductory offers, offers that you access through a promotional code, or any other rebate, bonus, incentive, or reward offered by Inspire (each a “Promotion”). These Promotion Terms are subject to your agreement with Inspire for energy subscription and billing service (“Subscription Agreement”), as may be amended from time to time. The Subscription Agreement constitutes a part of these Promotion Terms and is expressly incorporated herein. Inspire reserves the right both to modify these Promotion Terms from time to time and/or to terminate any Promotion at any time and without prior notice unless notice is required under law.

Terms of specific individual Promotions can be found in the Terms of Individual Promotions section below. PLEASE NOTE:  THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THE SUBSCRIPTION AGREEMENT INCORPORATED HEREIN CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHTS UNDER THESE PROMOTION TERMS.

1. Eligibility.

To qualify for any Inspire Promotion, you must be 18 years of age or older and have an active Inspire account in good standing. Additional eligibility requirements may apply for specific Promotions. You may not be eligible for certain Promotions, including Promotions relating to initial enrollment with Inspire (e.g., a “Sign Up Bonus”), if you have previously been enrolled with Inspire. Promotions are limited to one per customer and member account. Inspire reserves the right to determine whether a particular customer satisfies applicable eligibility requirements to participate in any Promotion. Promotions may not be available for all customers.  Promotions are not available in areas where Inspire does not offer its services.

2. Limitations.

Promotions are limited time offers. Unless otherwise provided by applicable law, Promotions have no value of any kind until they are redeemed and received by you, and you have no property rights or other legal interest in any Promotion until you redeem and receive a benefit under the Promotion.

To the extent a Promotion benefit is not a cash award, and unless otherwise provided by applicable law, the Promotion benefit shall have no cash value. Promotions are non-negotiable. You may not transfer, pledge, sell, barter, or assign Promotions to any other party, and any attempt to do so shall be void and of no legal effect. A Promotion cannot be combined with other Promotions, discounts, reward programs, or other offers, unless specifically authorized by Inspire.

Additional terms and limitations may apply to specific Promotions. Inspire reserves the right, in its sole discretion, to determine whether a particular customer has met all requirements to redeem under a specific individual Promotion. The manner and means by which a Promotion or Promotion benefit may be redeemed by, conveyed to, or reimbursed to a customer is at the sole discretion of Inspire and may be by any means Inspire deems appropriate.

Inspire may rely on redemption instructions provided through verbal, written, or electronic means on your behalf, regardless of whether or not you personally stated or submitted them. You agree that Inspire is not liable for following the redemption instructions of anyone claiming to be you.

Promotions are void where prohibited by law. In the event that all or part of any Promotion is found to be in violation of applicable law, Inspire shall have no obligation to provide or fulfill the terms of such Promotion.

Inspire may change or cancel any Promotion at any time. Inspire may revoke your participation in any Promotion at any time, and any Promotion or Promotion benefit associated with you may be forfeited at Inspire’s discretion unless already redeemed and received by you. Inspire may temporarily or permanently disqualify you from participating in any Promotion and/or adjust or cause to be forfeited any benefits under any Promotion as a result of your abusive behavior, “gaming” conduct, fraud, misrepresentation, violation of any law, bankruptcy or insolvency (subject to applicable law and regulation), or violation of any of the terms or conditions of the Promotion, these Promotion Terms, the Subscription Agreement, or any other agreement with Inspire or your local utility company, in each case as determined by Inspire in its sole discretion.

If you, Inspire, or your local utility company cancels your service, closes your Inspire account, or revokes your access to any services provided under the Subscription Agreement for any reason, your claim to any Promotion or Promotion benefit not already redeemed by and received by you is forfeited.

3. Customer Information.

Inspire may need to provide your information to a third-party vendor or service provider in order to fulfill some or all of a Promotion. You may opt out of Inspire providing information to these third parties by calling Inspire at 1-866-403-2620. Should you opt out, Inspire does not guarantee another means of accessing or redeeming a Promotion. Please see Inspire’s Privacy Policy for additional information.

4. Indemnification; Disclaimer and Limitation of Liability.

You agree to indemnify and hold Inspire and its third-party vendors and service providers and their respective affiliates, successors, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your: (i) participation in a Promotion; (ii) fraud or misuse of a Promotion; (iii) violation of these Promotion Terms; and/or (iv) violation of any applicable law or the rights of any third party.

Inspire shall not be responsible for resolving any conflicting claims to any Promotion or Promotion benefit. Inspire is not responsible for any lost or stolen Promotion or Promotion benefit. Inspire shall have no liability in connection with or relating to any disagreements between you and your local utility company.

Inspire reserves the right (but is not required) to correct inaccurate Promotion benefit awards. If Inspire does not credit, or improperly denies, your eligibility for a Promotion to which you were otherwise eligible, then your exclusive remedy will be the issuance of the improperly denied Promotion benefit, if available, or such other alternative benefit as Inspire, in its sole discretion, may determine.

Neither Inspire nor any of its affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. The parties shall follow the dispute resolution procedures set forth in the Subscription Agreement.

Notwithstanding any other provision of these Promotion Terms and subject to the immediately preceding paragraph, in no event will Inspire or any of its respective affiliates, successors, directors, officers, employees, agents or contractors be responsible or liable to you, or anyone claiming through you or on your behalf, for claims, damages, or liability arising out of participation in a Promotion or related to a Promotion, other than such claims, damages, or liability directly caused specifically by Inspire’s gross negligence or willful misconduct. In no event will Inspire be liable for any indirect, special, exemplary, punitive, or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any act or omission of Inspire, its service providers, or any of their respective affiliates or agents, or otherwise in connection with or relating to a Promotion or its administration or that result from the use of or inability to use a Promotion or Promotion benefit, whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Inspire has been made aware of the possibility of such damages.

In addition, Inspire makes no warranty or representation, either express or implied, and expressly disclaims any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through or in connection with a Promotion or the terms herein or otherwise obtained by you in connection with a Promotion. Notwithstanding anything to the contrary, Inspire’s maximum aggregate liability to you for all claims arising out of or relating to these Promotion Terms or to a Promotion shall not exceed the lesser of (i) the amount paid by you to Inspire over the prior twelve months in connection with the Promotion, and (ii) $10.

5. Miscellaneous.

You are solely responsible for reporting Promotion benefits on your tax returns, if applicable, and for paying any tax liability relating to any Promotion. When laws require Inspire to do so, Inspire will also report Promotions as income to the Internal Revenue Service, as well as to state and local tax authorities.

Inspire may end any Promotion at any time for any reason or no reason, without notice to you unless notice is required under applicable law. Inspire may also in its sole discretion cancel, change, amend, modify, or restrict any Promotion or any aspect, term, or feature of any Promotion or these Promotion Terms at any time without prior notice and for any reason or no reason (subject to any notice requirements under applicable law). You consent to all such changes and agree that they will apply to you and the Promotions.

These Promotion Terms and the documents that they incorporate constitute the entire agreement between you and Inspire with respect to the subject matter of these Promotion Terms and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Subscription Agreement.

The failure by Inspire to enforce any provision of these Promotion Terms shall not constitute a waiver of that provision. You may not assign any of your rights or obligations under these Promotion Terms, in whole or in part, without Inspire’s prior written consent. Inspire may assign its rights and/or obligations under these Promotion Terms, in whole or in part, without your consent.

6. Terms of Individual Promotions.

You may be eligible for the following individual Promotions. The following additional terms and conditions apply to such Promotions.

A. Rewards Program.

The Inspire Rewards Program is a free loyalty program available to eligible Inspire members. Currently, the Rewards Program is available by invitation only to select Inspire members who have an active, full-bill subscription plan account. By participating in the Inspire Rewards Program, you agree to the Promotion Terms and these Rewards Terms. Inspire may amend these Rewards Terms at any time. Your continued participation in the Rewards Program will constitute your acceptance of these changes. If you do not agree to the amended Rewards Terms, you must stop participating in the Rewards Program.

The Rewards Program allows you to earn rewards points (“Rewards Points”) in various ways, including, for example, when you meet a specific energy saving goal. When you qualify to receive Rewards Points, they will be automatically deposited into your Rewards account. Whenever your Rewards account balance reaches 1,500 Rewards Points (“Redemption Threshold”), you can redeem your Rewards Points to receive a discount off your next Inspire bill, to make a donation to a GivePower Project, or to receive another specified program benefit.

Provided you meet the Redemption Threshold, every 100 Reward Points can be redeemed for $1 towards a discount, donation, or other program benefit, up to a maximum of 1,500 Rewards Points per redemption. Rewards Points are non-transferable and cannot be used in combination with any other Promotion or retroactively for prior purchases. Rewards Points do not expire as long as you have an active full-bill subscription plan account with Inspire. If your Inspire subscription is cancelled or terminated, or if you fail to comply with these Rewards Terms, any unredeemed Rewards Points will be forfeited. You have no property rights or other vested legal interest in unredeemed Rewards Points. Rewards Points have no cash value and are purely promotional.

Inspire reserves the right to cancel, change, suspend, or modify any aspect of the Rewards Program at any time and for any reason. Inspire may withhold Rewards Points, block redemptions, or refuse to process any transaction Inspire deems to be fraudulent, suspicious, or in violation of these Rewards Terms. All decisions of Inspire with respect to the Rewards Program are final and binding.