Bounce Energy Cash Back Rewards Program Terms & Conditions

The Bounce Energy Cash Back Rewards Program (the "Program") is designed to offer Bounce Energy electricity bill discounts as rewards to certain of our customers who specifically request to participate in the Program and, after enrolling in the Program and making the minimum number of consecutive on-time bill payments required to become eligible to begin receiving discounts under the Program, continue to make consecutive on-time payments of their monthly Bounce Energy electricity bills.

Bounce Energy is sometimes referred to herein as "we," "our" or "us" and a customer is sometimes referred to herein as "you" or "your".

This Program is separate and distinct from our Loyalty Rewards Program and other rewards programs that we may establish from time to time. You cannot participate in both the Program and our Loyalty Rewards Program. If you affirmatively request and are eligible for the Program, you are electing to participate in the Program in lieu of any other rewards that may be otherwise available to you and/or provided to customers under Bounce Energy's Loyalty Rewards Program. You must affirmatively request the Program and, by selecting the Program, you will only be eligible to receive rewards under the Program and will not be eligible for any other rewards such as electricity bill credits, movie tickets, companion airfare promotions, and/or other products, services, or rewards that we may from time to time offer under our Loyalty Rewards Program. 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 offers 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 and elect to participate in the Program, you will 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 rewards under the Program, you must have made the specified number of consecutive on-time monthly Bounce Energy electricity service payments associated with the reward and meet all other criteria associated with the 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, if 12 consecutive on-time payments are required for you to begin receiving a bill discount 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 (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). For purposes of further illustration, if you have qualified and have been receiving bill discounts as rewards under the Program, but thereafter fail to make an on-time payment of your bill, then your "consecutive" on-time status shall terminate and you will not be entitled to receive subsequent bill discounts as rewards unless you thereafter re-qualify by making the minimum number of on-time payments necessary to be eligible for bill discounts under the Program.

You must be a customer in good standing at the time of receipt or redemption of any reward. You are deemed a customer in good standing (as determined in our sole discretion) if (i) your Bounce Energy electricity service account under the Program is active, (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.

Bill discounts as rewards may only be applied to current customer bills and we will be automatically apply bill discounts to your current customer bill as of the time of issuance. Your bill will note the application of bill discounts applied under the Program. Bill discounts as rewards will be issued by us within two billing cycles 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 discount as a reward upon making such payment, then your bill discounts will be issued and reflected on your next bill). If you believe you are entitled to a bill discount reward that has not applied, please contact us to review the status of your reward. If at any time or for any reason you cease to be a Bounce Energy customer prior to the application of any bill discount, then all bill discounts as rewards will immediately expire and be forfeited by you. In no event and under no circumstances may bill discounts be redeemed or exchanged for cash, nor may bill discounts be assigned or otherwise transferred in any way. Bill discounts have no cash value other than the cash you will save on the bill to which it is applied. Bill discounts 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 discounts reflect U.S. Dollars.

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.

A description of current rewards under the Program is set forth on Schedule A. Rewards, and the terms and conditions of any 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.

Copyright © 2018 Bounce Energy, Inc. All rights reserved. PUCT #10162. Privacy Policy | Terms of Use | Sitemap
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