Sunnova SunSafe® Solar + Battery Storage Reward Programs - Terms And Conditions

 

These Terms and Conditions (the “Terms and Conditions”) apply to participate in any one of the Sunnova Energy Corporation (“Sunnova”) Reward Programs (the “Reward Programs”) as more fully described below.  If you have a fully executed customer agreement with Sunnova (“Customer Agreement”), you may be eligible to participate as a reward customer (“Reward Customer”) in a Reward Program as more fully explained under the applicable Reward Program. Your participation in the Reward Programs constitutes your full and unconditional acceptance of these Terms and Conditions.

Sunnova reserves the right to modify, limit or restrict participation in the Reward Programs to any person at any time for any reason and without notice. Reward Customer eligibility shall be determined by Sunnova in its sole discretion. A Reward Customer’s time of entry into a Reward Program will be determined by Sunnova in its sole discretion.

Not Eligible Parties. The following individuals and entities are not eligible to participate in a Reward Program: Sunnova affiliates, including, without limitation, subsidiaries, advertising agencies, promotion agencies, fulfillment agencies, lead generation agencies, suppliers, distributors, attorneys and agents of Sunnova, Sunnova employees, on-site contractors acting in an equivalent capacity to employees, shareholders, officers, directors, and the immediate family members of and those living in the same household as such individuals.

1. Reward Program:  $300 Additional Payment Incentive Reward Program

Program Expiration Date:  December 28, 2020


Eligibility Requirements:

Reward  Customer.In order to participate in the Payment Incentive Reward Program you must have a Customer Agreement and have received an email invitation from Sunnova to make a payment and receive a reward card. The email will show the amount of the reward card and when the payment must be made. Instructions on how to make this payment are found the email invitation.


Reward: A Reward Customer who (i) meets the Payment Incentive Reward Program Eligibility Requirements above, and (ii) submits the required payment by the Program Expiration Date listed above will receive a reward in the amount shown on the email invitation which may be issued in a form determined in the sole discretion of Sunnova (the “Reward”). The Reward Customer shall receive the Reward within 8-10 weeks from the date that qualifying payment is made.

Reward Program:  $250 Sunnova SunSafe® Solar + Battery Storage, Reward Program

Reward Customer.In order to participate in the Solar + Sunsafe Reward Program you must be a new Sunnova customer who (i) has a fully executed Customer Agreement with Sunnova; (ii) has an active, complete photovoltaic + battery storage system designed, engineered, procured, constructed, installed, tested, commissioned, and started-up (“Solar + Battery System”); and (iii) is current on monthly payments under the Customer Agreement.  

Reward Program Submission Requirements:

Required Information. To be eligible for the Solar + Sunsafe Reward Program, a Reward Customer must submit his/her First Name, Last Name, Email Address and phone number (the “Required Information”) to Sunnova via a dedicated landing page on the Sunnova corporate website designated by Sunnova. Required Information submitted by alternate channels will not be accepted. All Required Information must be accurate and sufficient such that Sunnova or one of its dealers or affiliates may prepare a quotation for service to the Reward Customer’s home within reasonable time in Sunnova’s discretion.

Timing of SubmissionA  Reward Customer must submit the Required Information to Sunnova on or prior to the Program Expiration Date provided above.
The Reward Customer shall receive the Reward within 8-10 weeks from the date that the Solar + Battery System is in-service.  

Reward Card Details

A Reward under any of the above Reward Programs may be issued as a prepaid reward card issued by Group O. The Rewards are non-transferrable, not for resale, not for use at automated gas pumps and not redeemable for cash. The Reward prepaid cards expire twelve (12) months after issuance. The Reward Customer will forfeit any unused funds after the expiration term. Visit https://rewards.groupo.com/Docs/CHA2017.pdf to review the cardholder agreement and all terms and conditions of use.

The Reward Customer’s Sunnova accounts must be in good standing at the time of payment.

The Reward may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to the Reward Customer.  The Reward Customers are solely responsible for reporting such items on their tax returns and paying any associated tax liability. If Sunnova’s or Group O’s delivery of a Reward will require Sunnova to issue the Reward Customer a 1099 form, Sunnova’s obligation to make the Reward shall be conditioned upon receipt of, from the Reward Customer, any required tax documentation necessary to issue the 1099 which will be handled by Sunnova’s agent for these matters, Group.


Limitation of Liability:

SUNNOVA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY  REWARD OR ANY REWARD CUSTOMER’S PARTICIPATION IN THE REWARD PROGRAM, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  ALL  REWARDS ARE PROVIDED “AS-IS.”  NEITHER SUNNOVA NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES   (THE “SUNNOVA PARTIES”) SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE REWARD PROGRAM, OR USE OF ANY REWARD, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV) THE USE OR DOWNLOADING OF ANY SOFTWARE OR MATERIAL IN CONNECTION WITH THIS REWARD PROGRAM; (V) TYPOGRAPHICAL OR OTHER ERROR IN THE PRINTING OF THE REWARD PROGRAM, ADMINISTRATION OF THE REWARDL PROGRAM, OR IN THE ANNOUNCEMENT OF ANY REWARD; (VI) ANY OTHER CONDITION THAT MAY CAUSE THE REWARD PROGRAM TO BE DISRUPTED OR CORRUPTED; AND (VII) ANY PERSONAL INJURY, DEATH, OR DAMAGE TO PROPERTY THAT MAY RESULT FROM RECEIPT OR USE OF A REWARD. 

SUNNOVA RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE REWARD PROGRAM, ALTER THE RULES OR CANCEL OR SUBSTITUTE ANY OF THE  REWARDS FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE OR UNCONTROLLABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE REWARD PROGRAM, OR THE AWARDING OR USE OF ANY REWARD

IN NO EVENT SHALL SUNNOVA OR ANY SUNNOVA PARTIES BE LIABLE TO REWARDCUSTOMER, OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES OR CERTAIN LIMITATIONS OF LIABILITY, THEREFORE, CERTAIN OF THE FOREGOING DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.


Release:

BY PARTICIPATING IN THE REWARD PROGRAM, EACH REWARD CUSTOMER RELEASES AND AGREES TO HOLD HARMLESS SUNNOVA AND ALL SUNNOVA PARTIES  FROM ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARY RIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH: (I) ENTERING THE REWARD PROGRAM; (II) ACCEPTANCE OR USE OF ANY REWARD REWARD; AND (III) OTHERWISE ARISING OUT OF OR RELATING TO THE REWARD PROGRAM.


Changes and Program Termination:

Sunnova reserves the right to both change these Terms and Conditions from time to time and/or to terminate the Reward Program at any time and without prior notice. As such, Referring Customers (as defined below) should check these Terms and Conditions from time to time for changes. The failure by Sunnova to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision.


General:

Sunnova reserves the right to cancel the eligibility of any Reward Customer who engages in any fraudulent activity or uses the Reward Program in a matter inconsistent with these Terms and Conditions, or applicable laws, statutes or ordinances.  Sunnova is not responsible for any incorrect or inaccurate information supplied by Reward Customers. If Sunnova believes, in its sole discretion, that a Reward Customer has engaged in fraudulent or illegal activity, Sunnova reserves the right to recover any payments made to such Reward Customer.  

The Reward Program and these Terms and Conditions are void where any aspect of the Reward Program is prohibited, taxed or otherwise restricted by law or where registration, bonding, local judging or translation is required. The Reward Program is subject to all national, state, and local laws including applicable tax codes.  

Sunnova shall not be liable for any failure of or delay in relation to the Reward Program for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

The section headings contained in these Terms and Conditions are for reference only and shall not in any way affect the meaning or interpretation of these Terms and Conditions.


Arbitration: 

By participating in the Reward Program, you, the Reward Customer, agree to resolve any disputes arising from the Reward Program or related to these Terms and Conditions through binding arbitration governed by the Federal Arbitration Act rather than any state arbitration law. The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “Rules”) by a single neutral arbitrator.  Either party may initiate the arbitration process by filing the necessary forms with the AAA. To learn more about arbitration before the AAA, you can review materials available at www.adr.org. The arbitration shall be held in the location that is most convenient to your Home. If the AAA is unavailable to administer the dispute, then the arbitration, including the selection of the arbitrator, will be administered by JAMS, under its Streamlined Arbitration Rules (the “Rules”) by a single neutral arbitrator agreed on by the parties within thirty (30) days of the commencement of the arbitration. If JAMS is not available either, then the parties shall select another recognized arbitration administrator which can offer a location for arbitration that is close to your Home.

If you initiate the arbitration, you will be required to pay the first $125 of any filing fee.  We will pay any filing fees in excess of $125 and we will pay all of the arbitration fees and costs.  If we initiate the arbitration, we will pay all of the filing fees and all of the arbitration fees and costs. We will each bear all of our own respective attorney’s fees, witness fees, and costs unless the arbitrator decides otherwise.

The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this Lease. The arbitrator, however, is not authorized to change or alter the terms of this Lease or to make any award that would extend to any transaction other than yours. All statutes of limitation that are applicable to any Dispute shall apply to any arbitration between you and us. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.

Only Disputes involving you and us may be addressed in the arbitration. Disputes must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis.  The arbitrator will not award relief for or against anyone who is not a party to the Dispute.  If you and we arbitrate a Dispute, none of you or us, nor any other person, may pursue the Dispute in arbitration as a class action, class arbitration, private attorney general action or other representative action, nor may any such Dispute be pursued on your or our behalf in any litigation in any court except as specifically provided below.  Claims regarding any Dispute and remedies sought as part of a class action, class arbitration, private attorney general or other representative action are subject to arbitration only on an individual (non- class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.  This means that the arbitration may not address disputes involving other persons with disputes similar to the Disputes between you and us.  If any part of this paragraph of this Section is found to be unenforceable by an arbitrator or a court having jurisdiction over a Dispute, then this entire Section (except for this sentence and the following sentence) shall be automatically inapplicable to that Dispute.

EVEN IF ANY PART OF THIS SECTION IS FOUND TO BE UNENFORCEABLE AS DESCRIBED ABOVE, YOU AND WE EACH AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT MIGHT ARISE BETWEEN OR INVOLVING YOU AND US, AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING IN CONNECTION WITH ANY SUCH DISPUTE.

BECAUSE YOU AND WE HAVE AGREED TO ARBITRATE ALL DISPUTES EXCEPT AS SPECIFICALLY PROVIDED IN THE LAST PARAGRAPH OF THIS SECTION, YOU AND WE WILL NOT HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES AS DEFINED HEREIN.  FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE.  THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE FEDERAL LAW GOVERNING ARBITRATION AWARDS.  OTHER RIGHTS THAT YOU OR WE WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN CONTAINED SHALL BAR YOU OR US FROM: (I) OBTAINING INJUNCTIVE RELIEF FROM A COURT AGAINST THREATENED CONDUCT THAT COULD CAUSE IRREPARABLE HARM, LOSS OR DAMAGE, UNDER THE USUAL EQUITY RULES, INCLUDING THE APPLICABLE RULES FOR OBTAINING RESTRAINING ORDERS AND PRELIMINARY INJUNCTIONS; OR (II) OBTAINING A JUDGMENT FROM A COURT HAVING JURISDICTION CONFIRMING THE AWARD OF THE ARBITRATOR; OR (III) OBTAINING RESOLUTION OF A DISPUTE IN A SMALL CLAIMS COURT IF THE DISPUTE FALLS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURT (PROVIDED, HOWEVER, THAT NO ATTEMPT IS MADE TO TRANSFER RESOLUTION OF SUCH A DISPUTE FROM A SMALL CLAIMS COURT TO A COURT OF GENERAL JURISDICTION).


Governing Law:

The laws of the State of Texas shall govern these Terms and Conditions, without regard to its conflict of law provisions.


Privacy:

Subject to these Terms and Conditions, Reward Customer information submitted pursuant to the Reward Program will be collected and used in accordance with Sunnova’s Privacy Policy. Reward Customer agrees and shall, as applicable, comply with Sunnova’s Privacy Policy. Sunnova may, in its sole discretion, update its Privacy Policy from time to time.