Terms and Conditions
Terms and Conditions
1. Definitions
As used in these terms and conditions:
"ESB Networks" means ESB Networks DAC, a company incorporated in Ireland (registration number 465172) having its registered office at Three Gateway, East Wall Road, Dublin 3 D03 R583, Ireland.
"Information" means all information provided to Participants howsoever displayed, whether by graphics, text, or other means, and as may be updated from time to time.
"Participant" means any person who signs up for and is accepted into the Promotion
“Promotion” means the pilot or trial of ESB Networks’ “Beat the Peak” promotion, aimed at encouraging customers to manage and change electricity consumption during Energy events, and at other times in support of the campaign calendar, weather and/ or network activities.
“Energy Events” mean times or circumstances when some participants are asked to change behaviour around consumption or to take certain action, whether or not in return for a reward. These events may or may not be within peak hours, and may be scheduled within the campaign calendar, or in response to amber alerts, weather conditions and other network activities. Energy Events include Peak Events or Flexibility Events and other activities we may give notice of from time to time.
- A “Peak Event” is a time when there are lots of people all using electricity at the same time and there isn’t enough renewable generation on the system to supply their electricity demand. This means that during peak events, electricity is more expensive, more carbon intensive, and may be less secure. Taking control of electricity usage during this time will support Ireland’s security of supply.
- A ”Flexibility Event” is a time in which we may ask you to be flexible with how and when you use your electricity. A flexibility event can occur for different reasons, for example;
- When there is a surplus of renewable energy available and it is a good time to use your electrical appliances to take full advantage of the renewable energy being generated, which is less expensive and less carbon intensive.
- When there is a less renewable energy available, and when electricity generation is more carbon intensive. This is a good time to take control of your electricity usage by avoiding electricity-heavy appliances such as your tumble dryer, dishwasher, and iron
“Peak Hours” means 5 p.m. to 7 p.m. Monday to Friday
“Terms” or “these Terms” means these terms and conditions, as updated or amended from time to time
2. Eligibility and Registration
Customers or other occupiers of residential premises are eligible to participate as Participants in the Promotion.
ESB Networks reserves the right to limit the total number of Participants for this trial.
Only Participants who provide valid Irish mobile numbers on registration will be allowed to subscribe to the promotion.
Participants can sign up for the Promotion at https://www.esbnetworks.ie/who-we-are/beat-the-peak/is-this-a-good-time/register. Participants may be given the option to register to participate in Energy Events. Selection to participate in Energy Events is at ESB Networks discretion.
Participants may update or amend their information, or select and de-select relevant options, by emailing engagement@esbnetworks.ie with the heading ‘Contact Preferences’.
Employees of ESB or ESB Networks are not eligible for any rewards associated with the Promotion.
3. Restrictions and prohibitions
Participation in the Promotion is governed by these Terms. By registering as a Participant, the Participant is deemed to have read, understood, and agreed to comply with, these Terms.
The Participant agrees and undertakes not to use or exploit the Promotion for any criminal, illegal, unlawful, subversive, offensive or like purpose.
The Participant acknowledges that the Information and all intellectual property rights relating to the Promotion are and shall remain the beneficial and legal property of the ESB. Information, any screenshots or graphics, provided or made available by ESB Networks in connection with the Promotion may not be modified, reproduced, or publicly displayed, or distributed for any public or commercial purposes.
4. Purpose and Duration of Promotion
The purpose of the Promotion is to collect and analyse, on a pilot basis, information on customer responses to initiatives aimed at reducing electricity demand during peak hours and changing consumption behaviour to support during Energy events.
By registering for the Promotion, the Participant consents to ESB Networks, during the Promotion only, analysing a participant’s metering data for statistical validation. All analysis of meter data will be done at an aggregated level and will involve analysis of 30 minute interval data of smart meters.
The Promotion will commence on the 17th of October 2022 and shall continue for 1 year.
ESB Networks reserves the right to shorten the duration of the Promotion at its absolute discretion.
5. Hints and Tips
Participants will be provided with hints and tips on energy saving delivered by SMS and/or emails to the mobile number(s) and/or email address(es) provided by Participants on registration. The provision of such information to Participants is one of the objectives of the Promotion, accordingly if a Participant no longer wishes to receive the hints and tips, he/she must deregister as a participant.
6. Energy Events
Participants who register for Energy Events, including Peak Events and Flexibility Events will be requested to take part in Energy Events by taking certain action to change electricity consumption at certain times
Participants will be notified of Energy Events, and the action required of them in real-time, primarily by SMS.
Participation in Energy Events may qualify for a reward. The nature and/or amount of such reward will be notified to eligible Participants from time to time. The reward will be provided as stated and no alternative or “cash equivalent” will be provided.
Participants who take part in Energy Events will be required to self-certify that they have taken the appropriate action. ESB Networks reserves the right to verify such participation, by reviewing meter records or otherwise. By submitting self-certification and claiming the relevant reward, Participants agree to ESB Networks carrying out verification checks
7. Feedback
Participants may be requested to give feedback on their participation in the Promotion and, where applicable, Energy Events, from time to time during the Promotion. Feedback is not compulsory but will give ESB Networks valuable insight into the effectiveness of the campaign.
8. Deregistration
A Participant may deregister from the Promotion at any time by clicking the unsubscribe links in the messages sent to Participants who subscribed to the Promotion or by emailing engagement@esbnetworks.ie with ‘Opt Out’ in the subject header.
ESB Networks, at its sole discretion, reserves the right to deregister any Participant. Without limiting the generality of the foregoing, deregistration will occur if the Participant’s registration details are incorrect of the Participant is in breach of these Terms.
A Participant who deregisters or is deregistered shall not be liable for any rewards, other than rewards obtained while registered to the Promotion.
9. Exclusion of Liability
To the fullest extent permitted by applicable law, neither ESB Networks nor any of its directors, employees, affiliates or other representatives will be liable for loss or damage arising out of or in connection with your participation in the Promotion and, where applicable, Peak Events, including, but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, or for any indirect or consequential loss of any nature, even if ESB Networks has been advised of the possibility of such loss or damage, or such loss or damages were reasonably foreseeable.
Without limiting the foregoing, the Participant agrees that ESB Networks has no responsibility and shall have no liability to any party in respect of any loss or damages of any nature and however occasioned or caused as a result of the Participant’s involvement in the Promotion or participation in Peak Events whether under contract, tort, law, equity, statutory duty or otherwise.
10. Data Protection
On completion of the Promotion, all data collected will be aggregated and anonymised. Data which has been aggregated and anonymised may be retained and processed by ESB Networks for analysis and related purposes. Registration details of Participants will be retained for the duration of the Promotion for the purposes of the Promotion, including dealing with issues and complaints, and thereafter will be deleted.
All personal data collected and processed by ESB Networks relating to the Promotion will be managed in accordance with data protection and privacy laws. For further information on how ESB Networks manages personal data, individuals’ rights and how to exercise them, please refer to https://www.esbnetworks.ie/privacy-notice-and-cookie-policy.
11. Miscellaneous
ESB Networks may engage third parties to carry out on its behalf, or otherwise support, any of its functions or activities in connection with the Promotion.
ESB may amend, add to, or cancel the Promotion at any time, with or without notice.
ESB may amend these Terms at any time. Notice of any amendment will be notified to Participants. In the event that any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal, or otherwise unenforceable the remaining provisions shall remain in full force and effect.
These terms shall be governed by and construed in accordance with the laws of the Republic of Ireland and all parties agree to submit to the exclusive jurisdiction of the Irish Courts in respect of any matter or claim arising in connection with the Promotion.
