Brownie Points Terms & Conditions

1. INTRODUCTION
• These are the Terms and Conditions for the Brownie Points Loyalty Programme: The Brownie Points Loyalty Programme is a loyalty programme provided by us through which you can earn Brownie Points by engaging in certain activities designated by us or our Administrator.
• Once you have earned a certain number of Brownie Points you will be permitted to convert these Brownie Points into Rewards.
• These Terms and Conditions are a legally binding document between you and Genesis Energy. You should read them carefully.
• This document describes the Terms and Conditions that govern the Brownie Points Loyalty Programme. By participating in the Brownie Points Loyalty Programme, you agree to these Terms and Conditions.

2. WORDS WE USE IN THIS AGREEMENT
"Administrator" means the administrator of the Brownie Points Loyalty Programme.
"Brownie Points" means points earned by Genesis Energy residential customers pursuant to these Terms and Conditions.
"Brownie Points Loyalty Programme" means the Rewards Programme offered by us as described in these Terms and conditions.
"Commencement Date" means the date on which the Brownie Points Loyalty Programme commences, being 1 October 2008.
"Rewards" means goods or services (including vouchers) appearing either on the Genesis Energy website: www.genesisenergy.co.nz or in the Rewards catalogue mini guide booklet or as otherwise communicated by us from time to time, which we may offer you in return for your redeeming a specified number of Brownie Points.
"Term" means the period from the commencement date to the earlier of:
(a) The date upon which you may no longer earn Brownie Points; and
(b) The date upon which termination of the Brownie Points Loyalty Programme by us becomes effective.
"we", "us", "our" and "Genesis Energy" refers to Genesis Power Limited, trading as Genesis Energy.
"you", "your", "yours" and "they" and "residential customer" refers to you as an individual in whose name the Brownie Points are earned.

3. HOW DO YOU PARTICIPATE IN THE PROGRAMME?
Entry into the Brownie Points Loyalty Programme is only available to current Genesis Energy residential customers. All of Genesis Energy’s residential customers will be automatically registered to earn Brownie Points (at no cost). Brownie Points are issued to all Genesis Energy residential customer account holders listed on our records. You will receive an update of the number of Brownie Points you have in each Genesis Energy statement, as well as in the "My Account" section on the Genesis Energy website.

By participating in the Brownie Points Loyalty Programme you agree to comply with these Terms and Conditions and give the following authorisations and acknowledgements provided below. The following Genesis Energy customers are excluded from entering into the Brownie Points Loyalty Programme:
• members of a rural buying group;
• InCharge prepay metering customers;
• Business customers;
• Customers with meters servicing multiple residential dwellings;
• Housing NZ;
• Trusts including charitable trusts: and
• Residential properties which have business properties combined in their Genesis Energy account.

4. HOW DO YOU EARN POINTS?
Brownie Points will only accrue in your name and are personal to you. Brownie Points are used by Genesis Energy to track and record your entitlement to Rewards and are a notional record of your entitlement.
Brownie Points and any other benefits related to the Brownie Points Loyalty Programme are not your property.
You can only transfer Brownie Points in the situations set out in paragraph 10 - "can You Transfer Brownie Points?"

The Terms and Conditions that apply to the issue of Brownie Points are those in force on the date that the relevant Brownie Points are issued and the Terms and Conditions that apply to the redemption of Brownie Points are those in force at the date of redemption of the relevant Brownie Points. We will endeavour to credit your Brownie Points overnight and update your Brownie Points on the Genesis Energy website within 24 hours. We will also endeavour to notify you in your Genesis Energy statement of the number of Brownie Points you have. Brownie Points are earned in respect of certain eligible transactions. The list of eligible transactions and their rates are available on the Genesis Energy website or on request from our contact centre. These may be subject to change from time to time. Please refer to the Genesis Energy website for the current eligible transactions and rates.

LPG
If you have LPG with Genesis Energy, you’ll only earn Brownie Points for LPG bottle refills and are not eligible for the other ways to earn points.

Paying On Time
You will earn Brownie Points if you successfully make full payment on the current charges portion of your Genesis Energy statement by the due date, provided that payment is not dishonoured within 7 days.
If you choose to make your payment by certain types of payment arrangements for outstanding debts then you will not be eligible for Brownie Points for "Paying on Time", unless we agree otherwise in our sole discretion.
You will not earn Brownie Points for "Paying on Time" in addition to earning Brownie Points for "EvenPay" as set out below.

Electronic Payments
You will earn Brownie Points if you pay your Genesis Energy account by any of the following electronic methods:
• Direct debit (variable);
• Automatic payment;
• Telephone transfer; or
• Internet banking,
Once payment of your Genesis Energy account has been successfully paid in full and processed, provided that payment is not dishonoured within 7 days.
You will not earn Brownie Points for "electronic Payments" in addition to earning Brownie Points for "EvenPay" as set out below.

Electronic Billing
You will earn Brownie Points when you register to receive your Genesis Energy account online, provided that payment is not dishonoured within 7 days.

Using My Account
You will earn Brownie Points for logging onto your Genesis Energy account online at least once in a calendar month. These Brownie Points will be credited to you within 24 hours of logging into My Account, and will be shown on your next invoice produced in the following month. If you log onto your Genesis Energy account online more than once in a calendar month, you will only earn one allocation of Brownie Points.

If you have multiple Genesis Energy accounts you will need to log onto each Genesis Energy account online within each calendar month in order to earn Brownie Points for using each Genesis Energy account in that month.

EvenPay
You will earn Brownie Points when all required payments for the previous month have been made electronically (by direct debit or by credit card) on the scheduled dates, provided that none of the payments are dishonoured within 7 days. "EvenPay" Brownie Points will be credited to you on the first day of the following month.

Dual Fuel
You will earn Brownie Points if you have both your electricity and your natural gas accounts with us and your billing details are combined onto one Genesis Energy statement.
Brownie Points are credited to you when full payment of the current charges portion of your "Dual Fuel" Genesis Energy statement is processed, provided that payment is not dishonoured within 7 days.

Energy Spend
"Energy Spend" relates to your energy consumption which is detailed under the "Current Charges" portion of your Genesis Energy statement. Your Energy Spend excludes any of the non-energy items that are listed on your Genesis Energy statement, such as bonds, disconnection fees and special readings.
You will earn Brownie Points for every full $50 of the Energy Spend upon full payment of your Genesis Energy statement, provided that payment is not dishonoured within 7 days.

Anniversary
You will earn Brownie Points on each Anniversary Date, which is the day and month that you joined the Brownie Points Loyalty Programme, or for existing customers at the Commencement Date, it is the day and month of the Commencement Date.

Moving and Reconnecting
You will earn Brownie Points each time you move house and reconnect to us by submitting your details online via the Genesis Energy website.
Alternatively, you will earn Brownie Points each time you move house and reconnect to us by telling us offline via the contact centre.
If you move house and reconnect with us, your previously earned Brownie Points will remain available to you provided you either do not close your Genesis Energy account, or you arrange for your Brownie Points to be suspended in accordance with paragraph 12 - "when does a "Brownie Points holiday" apply?"
If you move house and move in with another Genesis Energy customer, then you can combine your Brownie Points, provided that you both become a joint account holder or an Authority on the Genesis Energy account for the property you are both moving in to.

Campaigns and Additional Services
You may also have the opportunity to earn Brownie Points in certain campaigns or additional services that we may offer from time to time. We will let you know how many Brownie Points you can earn from such campaigns or additional services from time to time.

5. HOW DO YOU REDEEM POINTS FOR REWARDS?
Brownie Points:
• Are not transferable (other than in accordance with paragraph 10 - "Can You Transfer Brownie Points?");
• Have no monetary or surrender value;
• May only be redeemed by the individual(s) to whom they were issued;
• Are redeemable only for a Reward or voucher; and
• Are not redeemable for cash.
Where you have the required number of Brownie Points for a Reward then you can submit your reward claim using the following methods:
• The Genesis Energy website via your Genesis Energy account; or
• Genesis Energy Contact Centre on 0800 300 400

Whenever you claim a Reward, Brownie Points will be redeemed in the order they were credited to you.

You will receive provisional notification by either email or phone to confirm that your reward claim has been received. This provisional email or phone notification does not constitute acceptance or validation of a Reward claim.

Neither we nor the Administrator are responsible for Reward requests or correspondence lost or delayed because of a breakdown or malfunction of any electronic system.

6. HOW ARE REWARDS DELIVERED?
You should allow up to 15 working days for the despatch of a reward. Once a claim for a Reward has been submitted, then you may not change the Reward request on the basis that you have changed your mind. If a Reward is available but is not available for despatch within 15 working days of the date the Reward claim is submitted, the Administrator will advise you of this and you may either:
• Accept the delivery despatch time frame;
• Accept a substituted item of similar nature, quality and value;
• Choose an alternative Reward to the same or lower Brownie Points level (and have the balance of any Brownie Points refunded to you); or
• Cancel your Reward claim and have your Brownie Points refunded and, subject to the Brownie Points expiry period, submit a Reward claim at a later date.

Rewards are only available while stocks last. If for any reason whatsoever a Reward, or any element of a Reward, once claimed by you, is not available and further supply cannot be obtained, then you can either select an alternative replacement Reward of equal or lesser value or cancel your Reward claim and have your Brownie Points refunded.

Rewards will only be delivered to a New Zealand address nominated by you. Rewards other than vouchers under $200 must be received and signed for upon delivery to your nominated address. Rewards will not be left at the delivery address if they are not received and signed for.

If delivery is not accepted in person after one attempted delivery, the the courier company will leave a card with contact details of who to call to rearrange delivery. It is the responsibility of you the ‘customer’ to arrange re-delivery with the courier company.

Vouchers with a total value of less than $200 will be delivered by standard post.

Brownie Points redeemed for Rewards will be deducted at the time the Reward is requested. We will endeavour to reflect this deduction on the Genesis Energy website within 24 hours, and the deduction will also be shown on your next Genesis Energy statement.

Separate Rewards claimed together may be despatched in separate consignments and you should allow for 15 working days for the despatch of each Reward.

We will endeavour to notify you if there are any delays with the despatch of a Reward by email or telephone.

If your Reward (other than vouchers which are dealt with under section 7) does not arrive within 40 days of submitting a claim for that Reward, you should contact our Contact Centre on 0800 300 400 and advise of non-delivery. Where you have advised us of non-delivery of a Reward within 40 days of submitting a claim for that Reward, it will be investigated by the Administrator and will be fulfilled if the Reward is confirmed not delivered. We will not replace a Reward if you do not notify us of non-delivery within the specified timeframe other than in accordance with the below.

Unless damaged or faulty, Rewards cannot be returned or exchanged for Brownie Points or any other Reward. Damaged or faulty Rewards notified to our Contact Centre within 7 working days of receiving the Reward will be collected from you at our cost and replaced. All other damaged or faulty Rewards will be dealt with in accordance with the Consumer Guarantees Act 1993.

Special conditions may apply in relation to any reward, and all Rewards are subject to these Terms and Conditions. We do not accept any liability whatsoever with respect to:
• Rewards supplied;
• Any death or injury or consequential loss or damage arising from the issue or use of a Reward;
• The loss, theft or destruction of a Reward; and
• Any supplier’s refusal to accept a Reward in the form of a voucher.

All representations, terms, warranties, guarantees, or conditions in relation to Rewards whether implied by statute, common law or custom of the trade or otherwise, including, but not limited to, implied warranties, guarantees or conditions of merchantability and/or fitness for a particular purpose, are excluded, except to the extent that such representations, terms, warranties, guarantees or conditions are unable to be excluded by law (including but not limited to under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993).

7. VOUCHERS
All Rewards in the form of vouchers must be used by the expiry date shown on the voucher (if applicable).

Vouchers cannot be re-issued or replaced if they lapse, are lost, stolen or otherwise destroyed.

Any unauthorised alteration or change to a voucher renders it invalid.

Voucher issue and mailing is in full and final satisfaction of all obligations on us to you in respect of the relevant Brownie Points. Once Brownie Points have been redeemed by issue of a voucher, those Brownie Points cannot be transferred back to you.

If your voucher does not arrive within 20 working days you need to contact our Contact Centre on 0800 300 400 and advise of non-delivery. You will be sent a Lost Voucher form to complete and return as specified on the form. On acceptance a replacement voucher will be sent to you.

Additional Terms and Conditions in relation to the issue and redemption of vouchers may also be stated on the website, the voucher or through the contact centre.

8. DO YOUR BROWNIE POINTS EXPIRE?
Brownie Points you earn are available for redemption until the date 3 years after the date of issue of those Brownie Points.
In each Genesis Energy statement, we will let you know if you have Brownie Points which are due to expire within one month, and if so:
• How many Brownie Points are due to expire in the next month; and
• The date on which those Brownie Points will expire (which will be the last working day of that month).
Any Brownie Points not redeemed by the expiry date of those Brownie Points will be forfeited. If you cease to be eligible to participate in the Brownie Points Loyalty Programme then any of your remaining Brownie Points will be surrendered (see paragraph 11 - "when Are Brownie Points Surrendered?").

9. SUSPENDING OR EXCLUDING MEMBERS?
We reserve the right to suspend or exclude you from participating or continuing to participate in the Brownie Points Loyalty Programme if you have:
• Breached these Terms and Conditions;
• Fraudulently gained or attempted to gain Brownie Points; or
• Interfered with or attempted to (in any way) interfere with the Brownie Points Loyalty Programme or the redemption of Brownie Points or claiming of Rewards.
In such situations, your Brownie Points may be forfeited (with immediate effect).

10. CAN YOU TRANSFER BROWNIE POINTS?
Where you would like to redeem your Brownie Points for a Reward, but you have the required amount of Brownie Points spread across multiple Genesis Energy accounts, you will be unable to redeem your Brownie Points for a Reward unless the Brownie Points are transferred to one single Genesis Energy account.

If you have more than one Genesis Energy account, you will be able to transfer your Brownie Points provided you are the account holder on both Genesis Energy accounts.
Joint Genesis Energy account holders do not require the permission of the other joint Genesis Energy account holders to transfer Brownie Points.
In the case of death, the deceased customer’s Brownie Points may be transferred to any nominated Genesis Energy account.

11. WHEN ARE BROWNIE POINTS SURRENDERED?
If you stop being a Genesis Energy customer, and you do not transfer your points to any other residential Genesis Energy account in your name or you do not reconnect with us, then your Brownie Points will be surrendered a month after the due date of your final bill.
We reserve the right to cancel or suspend Brownie Points earned by you where you fail to reconnect with us within a month of the due date of your final bill.
If you cease to be eligible to participate in the Brownie Points Loyalty Programme for any reason, then your Brownie Points will also be surrendered a month after the due date of the final bill you received when you were eligible to earn Brownie Points.

12. WHEN DOES A "BROWNIE POINTS HOLIDAY" APPLY?
We may grant you a Brownie Points holiday where:
• You leave us due to building a new home, with the intention of joining up with us again when your home is complete. In this situation, you can put your Brownie Points on hold for a period of six months which must be arranged through the Contact Centre.
• If, after five months, your Genesis Energy account has not been established, you will be notified in writing that your Brownie Points will be surrendered at the end of the sixth month if your Genesis Energy account has not been reinstated by this time.

13. WHAT IF YOUR ACCOUNT IS OVERDUE?
If your Genesis Energy account is overdue you will continue to earn Brownie Points but you will not be able to transfer or redeem Brownie Points until your Genesis Energy account is brought up to date.
The freeze on transfers and redemptions only applies to the Genesis Energy account that is overdue and does not apply to any other Genesis Energy account that you may have.
In the situation where a residential customer has a Genesis Energy account that is overdue and another Genesis Energy account that is not, and subsequently decides to merge the two Genesis Energy accounts together, then the newly created Genesis Energy account, will be suspended and you will be unable to redeem Brownie Points until this Genesis Energy account is brought up to date.

14. WHAT IF YOU HAVE A DISPUTE?
Any dispute concerning goods or services received as Rewards must be settled between you and the relevant supplier of the goods or services. We have no responsibility for resolving such disputes or for the dispute itself.

All disputes regarding eligibility for the Brownie Points Loyalty Programme, the eligibility of Brownie Points or redemption of rewards will be resolved by us or the Administrator in our sole discretion. Any such disputes must be raised within 3 months or the dispute will not be addressed.

We will not award any Brownie Points based on any event(s) that occurred prior to the launch of Brownie Points on the Commencement Date. However, you can earn Brownie Points for behaviours that occur after the Commencement Date which may relate to events that occurred prior to the Commencement Date.

15. THE BROWNIE POINTS LOYALTY PROGRAMME
We give no warranty for the continuing availability of the Brownie Points Loyalty Programme. We can at any time, in our sole discretion, suspend or terminate the Brownie Points Loyalty Programme, in part or in its entirety, and if we do, we will give you at least 30 days prior written notice of such suspension or termination.

We will not provide any consideration for Brownie Points you have earned but not redeemed at the time of termination. However, if the Brownie Points Loyalty Programme is terminated or cancelled, you will be permitted to continue to earn and redeem Brownie Points within any notice period. After that time, and subject to the expiry of any such Brownie Points, you may continue only to redeem Brownie Points that you have already earned for the period stated by us in our notice to you.

If anything happens beyond our control and affects our ability to provide Brownie Points (including but not limited to strikes, acts of God, civil disturbance, government orders, terrorist activities or war) we can suspend or terminate the Brownie Points Loyalty Programme at our sole discretion, with or without notice to you. We will not have any liability to you for such suspension or termination.

16. PERSONAL INFORMATION
If you participate in the Brownie Points Loyalty Programme, we will collect personal information about you, including your contact details, transaction details, number of points earned, accumulated and redeemed.

The information is being collected and held on behalf of us. The collection, storage and use of your personal information is subject to applicable laws including the Privacy Act 1993. This personal information will be available for our use and our agents or contractors use insofar as they carry out part or all of the operation of the Brownie Points Loyalty Programme on our behalf.

Please let us know if any of your personal information changes and we will update your account information. You can access your personal information held by us on request and correct it if it is inaccurate. Information from our database will also be used for internal marketing purposes, planning, product development and research.

By participating in the Brownie Points Loyalty Programme, you accept these terms, and grant permission to the collection and use of your personal information as set out above, and the disclosure of such information to us and our agents or contractors and Reward providers for the purposes of operating the Brownie Points Loyalty Programme.

17. GENERAL
We reserve the right to change these Terms and Conditions from time to time, including but not limited to introducing new ways to earn Brownie Points and stopping current ways to earn Brownie Points. We will give at least 30 days notice of any change to you by posting the revised Terms and Conditions on the Genesis Energy website or writing directly to you. You will be deemed to have accepted any such changes if, after we have given this notice, you continue to earn Brownie Points or claim any Rewards. We may change the type of Rewards offered, or their redemption value, from time to time without notice to you.

In relation to refunds, where a credit or reversal is received on your Genesis Energy statement, we may deduct the number of Brownie Points earned by you in respect of that credit or reversed amount. In the event an error is made on your Brownie Points account, we reserve the right to correct such error by deducting or adding the applicable amount of Brownie Points.

Brownie Points are offered by us as an ancillary benefit to you. We have no responsibility to you or any recipient of a Reward for any liability whatsoever that may arise from the Brownie Points Loyalty Programme, other than expressed in these Terms and Conditions. We will take reasonable care to ensure that the information we publish in relation to Brownie Points is accurate, but we do not accept any liability relating to information provided by third parties.

These Terms and Conditions are governed by New Zealand law.

04/11