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Bounce Energy Mom's Rewards Program Terms & Conditions

The Bounce Energy Mommy Merits Program (the "Program") is designed to offer rewards to our Mommy Merits plan customers who make on-time payments of their monthly electricity bills on a consecutive basis. These rewards may include, movie tickets, magazine subscriptions, family fun packs and/or other products, services, or offers that Bounce Energy (sometimes referred to herein as "we," "our" or "us") may determine from time to time. The Program is an independent feature separate from our electricity service plans and these Program terms and conditions do not in any way supersede, alter or conflict with the Terms of Service Agreement, Electricity Facts Label, or Your Rights as a Customer documents associated with our customers and their electricity service plans.

Program Eligibility

To be eligible to participate in the Program, a customer (sometimes referred to herein as "you" or "your") must be enrolled in and receiving service under an electricity service plan that specifically includes the Program, and you must provide and maintain a valid email in your account profile. Only certain of our selected electricity plans entitle you to participate in the Program ("Participating Plans"). Accordingly, the Program is not available to all of our customers. If you are eligible to participate in the Program, you can choose to be enrolled within 30 days following the due date of your initial bill under a Participating Plan (and the on-time payment of your initial bill will count toward your rewards). You are not required to participate in the Program and may opt out of the Program at any time by notifying us of your desire not to participate.

If you are on a fixed rate Participating Plan and your fixed term expires, you will remain in the Program if you continue service under the default variable price product associated with that fixed rate plan. If you change service plans directly from one Participating Plan to another Participating Plan, then you will continue to remain in the Program (and on-time payments under your prior Participating Plan will be honored). If you have service under a Participating Plan and move to a new address, and you remain a Bounce Energy customer at your new address under a Participating Plan, then you will maintain your status (and any accumulated number of on-time payments) under the Program at your new address. If your service with us is terminated, cancelled or disconnected for any reason, or if you transfer from a Participating Plan to a non-participating plan, then your participation in the Program will immediately terminate, your Program account will be closed, and any accumulated number of on-time payments will be forfeited and not counted or credited for any purposes. Only one member of your household shall be eligible to participate as a customer in the Program at a particular address.

Rewards

To be eligible to receive a specific reward, you must have made the specified number of consecutive on-time monthly Bounce Energy electricity service payments associated with that reward and meet all other criteria associated with that reward. To qualify as an "on-time payment," your monthly Bounce Energy electricity bill must be paid in full, including any and all past due amounts, on or prior to the due date stated on the bill. Any payment transaction which is not finalized or completed in full (such as a returned check for insufficient funds, or any chargeback of a credit/debit card or ACH transaction), will not be deemed or treated as an on-time payment under the Program. Deposit payments do not qualify as monthly bill payments under the Program, nor shall final bills reflecting a partial month of service upon your ceasing to be a customer be counted as a monthly bill payment under the Program. For purposes of illustration only, if 12 consecutive on-time payments are required for you to receive a $75 bill credit under the Program, and you make 10 consecutive on-time payments but your 11th payment is late, then you will need to make your next 12 consecutive bill payments on-time in order to qualify for that $75 bill credit reward (specifically note that any late payment will end your "consecutive" on-time payment status and, under this example, the 10 prior consecutive on-time payments will not thereafter be counted or credited for any purposes under the Program).

In order to redeem any reward, you must be an active customer and in good standing under the Program at the time of redemption of any reward. Bill credits are deemed to be redeemed as of the issue date of a bill to which they are applied (and in no event prior to such date). You are deemed a customer in good standing (as determined in our sole discretion) if (i) you are at such time receiving Bounce Energy electricity service under the Program, (ii) you are not delinquent in any payments due, (iii) you are not otherwise in default under your Terms of Service Agreement, and (iv) you continue to maintain a valid email address in our account profile. Accordingly, you will not be entitled to apply a bill credit to any bill that is issued as of a date on which you are not both an active customer and in good standing under the Program (irrespective of the period of service associated with such bill). For illustration purposes, and without limiting the foregoing conditions, if you cease electricity services under a Participating Plan with Bounce Energy, then no bill credits will be applied to your final bill because your final bill will have an issue date which is subsequent to the last date on which you were an active customer and in good standing under the Program.

Bill credit rewards may only be applied to current customer bills and we will automatically apply bill credits to your current customer bill as of the time of issuance. Your bill will note the application of bill credits applied under the Program. Bill credit rewards will be applied by us following the billing cycle in which you qualify for the reward (e.g., if you reach a reward milestone by making a consecutive number of on-time payments and otherwise qualify for a bill credit reward upon making such payment, then your bill credit will be issued and reflected either on your next bill provided that you are eligible to redeem rewards at such time). If you believe you are entitled to a bill credit reward that has not been applied, please contact us to review the status of your reward. If the amount of any bill credit exceeds the amount of a bill to which it is applied, then we will apply the excess amount to your immediately following bill provided that you are eligible to redeem rewards at such time. If at any time or for any reason you cease to be a Bounce Energy customer prior to the application of any bill credits, then all such bill credits will immediately expire and be forfeited by you. In no event and under no circumstances may bill credits be redeemed or exchanged for cash, nor may bill credits be assigned or otherwise transferred in any way. Bill credits have no cash value. Bill credits may not be saved, banked, or otherwise used in any later or future periods other than the current billing cycles in which they are issued. All bill credits reflect U.S. Dollars.

Certain types of rewards will be provided, managed and/or administered by independent third parties. Examples of these types of rewards include companion airfare, movie tickets, magazine subscriptions, and gift cards, among other types of rewards. These rewards and the administration, management, operation and provision thereof are and shall be the sole responsibility of the applicable third party administering, managing, operating and/or otherwise providing the reward. Without limiting the foregoing, all products and services that you may obtain through the Program, including without limitation companion airfare and travel accommodations, movie tickets, magazine subscriptions, and gift cards and certificates, are offered and provided by independent third party providers (and not by Bounce Energy), each of which is solely responsible for any and all claims concerning its products or services, whether in contract, warranty, or tort.

IN ADDITION, AND WITHOUT LIMITING ANY OF THE FOREGOING, IN CONSIDERATION FOR YOUR PARTICIPATION IN THE PROGRAM, YOU AGREE (ON YOUR OWN BEHALF, AND ON BEHALF OF YOUR AFFILIATES, HEIRS AND PERMITTED ASSIGNS, IF APPLICABLE) TO INDEMNIFY AND HOLD HARMLESS BOUNCE ENERGY AND ITS SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE AGENTS, REPRESENTATIVES, DIRECTORS, OFFICERS, MANAGERS, PARTNERS, OWNERS, SHAREHOLDERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, CAUSES OF ACTION, COSTS AND EXPENSES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR YOUR ACCEPTANCE, POSSESSION, USE, OR INABILITY TO USE ANY PRODUCT, SERVICE OR REWARD OFFERED OR PROVIDED THROUGH OR IN ASSOCIATION WITH THE PROGRAM INCLUDING, WITHOUT LIMITATION, PERSONAL INJURIES, DEATH, ECONOMIC INJURY, AND PROPERTY DAMAGE, AND INCLUDING (BUT NOT LIMITED TO) CLAIMS BASED ON PUBLICITY RIGHTS, INVASION OF PRIVACY, DEFAMATION, AND DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, WARRANTY, OR TORT. BOUNCE ENERGY DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOST OPPORTUNITY, LOST PROFITS, INJURY, ACCIDENT, DEATH, OR DAMAGE TO ANY PERSONS OR PROPERTY, RELATED TO ANY SUPPLIER OR RELATING TO OR OCCURRING AT ANY PREMISES OR IN ANY AIRCRAFT OR IN TRANSIT TO AND FROM ANY VENUES. NOR DOES BOUNCE ENERGY ASSUME ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY DAMAGE, EXPENSE, INCONVENIENCE, LOST OPPORTUNITY, LOST PROFITS, INJURY, ACCIDENT, DEATH, OR DAMAGE TO ANY PERSONS OR PROPERTY. RELATED TO ANY OTHER CAUSE WHATSOEVER DUE TO DELAYS, CANCELLATIONS DUE TO WEATHER OR MECHANICAL BREAKDOWNS, WAR, ACTS OF GOD OR ACTS OF TERRORISM, ARISING FROM OR IN CONJUNCTION WITH ANY SERVICES, PRODUCTS OR REWARDS PROVIDED OR FAILED TO BE PROVIDED.

Gift cards and certificates are subject to terms and conditions set by the merchant who issues the gift card or certificate. In no event will Bounce Energy be responsible for those terms and conditions or any lack of provision thereof. Any and all terms and conditions for use and expiration of gift cards or certificates are the sole responsibility of the particular merchants and you are strongly encouraged and advised to review such terms and conditions as and when provided by such merchants. You are expressly advised that expiration policies and non-usage fees may apply to gift card/certificate rewards.

A description of current rewards is set forth on Schedule A. Rewards may be changed, removed, modified, or updated at any time at the sole discretion of Bounce Energy.

General

EXCEPT AND TO THE EXTENT SPECIFICALLY PROVIDED IN THESE TERMS AND CONDITIONS, THE SERVICES AND PRODUCTS PROVIDED THROUGH THE PROGRAM ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BOUNCE ENERGY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR ARISING FROM OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS.

Rewards of any type may not be redeemed or exchanged for cash and shall not have nor be deemed to have any cash value. All rewards, including without limitation any unclaimed, unused or contingent rewards, and all rights thereto, shall be immediately be forfeited upon your ceasing to be a customer of Bounce Energy for any reason. All rewards are non-transferable. You may not assign, apply, or otherwise transfer any reward to another person, customer, or account (even if you maintain multiple accounts). All Program notifications, if any, will be made by email unless otherwise determined at our sole discretion. We have no obligation whatsoever to contact or notify you, whether directly or indirectly, regarding your status or any other matter associated with the Program. Unless we otherwise determine, we will not endeavor to send or deliver any communications or notices to you by any means other than email. Under no circumstances will we be responsible, obligated or liable for sending or delivering, or for not sending or delivering, any notifications or communications to you in connection with the Program. PROGRAM AWARDS ARE VOID WHERE PROHIBITED BY LAW. All Federal, state and local laws apply.

The Program may be changed, replaced, assigned or cancelled by us at any time at our sole discretion with or without notice to you. These Program Terms & Conditions may be altered, changed, modified or assigned by us at any time with or without notice to you. Rewards available under the Program may be changed, modified, substituted, replaced, ceased, or terminated at any time at our sole discretion with or without notice to you. Your continued participation in the Program shall constitute your acceptance of any and all such changes, replacements, assignments, or terminations.

You understand and agree that it is solely your responsibility to maintain a valid email in your account profile, and you agree that we have no obligations or responsibilities whatsoever in that regard. Your failure to do so will result in your Program account being deemed not in good standing. You expressly agree that we have no obligation or responsibility whatsoever to notify you at any time or in any manner in connection with your status or participation in the Program.

Program rewards may not be combined with or applied to third party products or services, or any of our plans which are not Participating Plans. We may assign or delegate any of our rights or responsibilities under the Program to independent contractors or other third parties. We shall not by virtue of any such assignment or delegation be deemed to have waived any of our rights or remedies hereunder or otherwise. No delay or omission by us in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

By participating in the Program, you agree that you have read and understand these Program Terms & Conditions and all of the terms, conditions and provisions contained herein, and will fully comply with and be bound by same. These Program Terms & Conditions shall be governed by the laws of the State of Texas without regard to any conflict or choice of law rules of any jurisdiction. The Federal and state courts located in Harris County, Texas shall have exclusive jurisdiction over any dispute arising hereunder.

Schedule A

Mommy Merits Program

Current Rewards List

ELIGIBILITY FOR ALL REWARDS IS EXPRESSLY GOVERNED BY AND SUBJECT TO THE Mommy Merits PROGRAM TERMS AND CONDITIONS. REWARDS MAY BE CHANGED, REMOVED, MODIFIED, OR UPDATED AT ANY TIME AT THE SOLE DISCRETION OF BOUNCE ENERGY.

For customers in the Center Point and Texas-New Mexico Power (TNMP) TDU service territories:

6 Month Reward

Choice of 2 Children's Museum Tickets or $15 Chick-Fil-A Gift Card

After you have fully paid your monthly electricity bill on-time for 6 consecutive months, you will be entitled to receive your choice of the above listed rewards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of tickets or gift cards following your selection of such reward.

12 Month Reward

Choice of $75 Target Gift Card or $75 Spa Finder Gift Card

After you have fully paid your monthly electricity bill on-time for 12 consecutive months, you will be entitled to receive your choice of the above listed gift cards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of the gift card following your selection of such reward.

18 Month Reward

Choice of: 2 Tickets to Houston Museum of Natural Science; 1 year Magazine subscription; or 2 Movie Tickets.

After you have fully paid your monthly electricity bill on-time for 18 consecutive months, you will be entitled to receive your choice of the above listed rewards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of tickets following your selection of such reward.

24 Month Reward

Choice of: Houston Zoo Annual Family Membership; Family 4 Pack to a Houston area sporting event (available events to vary by season); or Family 4 Pack to a Theme Park (available park(s) to vary from time to time).

After you have fully paid your monthly electricity bill on-time for 24 consecutive months, you will be entitled to receive your choice of the above listed rewards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of tickets following your selection of such reward.

For customers in the Oncor TDU service territory:
6 Month Reward

Choice of 2 Children's Museum Tickets or $15 Chick-Fil-A Gift Card

After you have fully paid your monthly electricity bill on-time for 6 consecutive months, you will be entitled to receive your choice of the above listed rewards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of tickets or gift cards following your selection of such reward.

12 Month Reward

Choice of $75 Target Gift Card or $75 Spa Finder Gift Card

After you have fully paid your monthly electricity bill on-time for 12 consecutive months, you will be entitled to receive your choice of the above listed gift cards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of the gift card following your selection of such reward.

18 Month Reward

Choice of: 2 Tickets to the Dallas Aquarium; 2 Tickets to the Dallas Arboretum; 1 year Magazine subscription; or 2 Movie Tickets.

After you have fully paid your monthly electricity bill on-time for 18 consecutive months, you will be entitled to receive your choice of the above listed rewards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of tickets following your selection of such reward.

24 Month Reward

Choice of: Dallas-Fort Worth Zoo Annual Family Membership; Family 4 Pack to a Dallas area sporting event (available events to vary by season); or Family 4 Pack to a Theme Park (available park(s) to vary from time to time).

After you have fully paid your monthly electricity bill on-time for 24 consecutive months, you will be entitled to receive your choice of the above listed rewards. You will be notified of your qualification to select a reward. You must respond and provide your selection choice in order to receive the reward. Please allow 4-6 weeks for receipt of tickets following your selection of such reward.


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