Friends of Nature Backyard Makeover Contest – Terms & Conditions

Friends of Nature Backyard Makeover Contest

1. Sponsor

The contest (“Contest”) is sponsored by Bird Buddy Inc., incorporated and registered in Delaware, having its business address at 229 E. Michigan Ave., Ste. 330 Kalamazoo, Michigan 49007 operating the Friends of Nature initiative, Instagram handle @wearefriendsofnature (“Sponsor”), headquartered in the state of Delaware, United States.

2. Participant

By participating, the participant (“Participant”) agrees to be bound by these Terms & Conditions.

Participant represents and warrants that Participant meets the eligibility requirements set forth herein.

3. Eligibility

The giveaway is open only to natural persons, legal residents of the United States who are 18 years of age or older at the time of entry.

Employees, contractors, affiliates, or immediate family members of Sponsor or any parties directly involved in the administration of this Contest are not eligible to participate.

4. Entry Period

The Contest begins on April 4th, 2025, and ends at 11:59 PM PST on April 13, 2025 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible.

5. How to Enter

To enter, Participant must:

• post a video of themselves doing a good deed for nature (e.g., planting a native flower, feeding birds, placing water or fruit for wildlife, etc.) (“Good Deed Video”) on their Instagram story and tag @wearefriendsofnature,
• follow @wearefriendsofnature and @goinggreenmedia or @frontyardveggies or @morethanfarmers or @redleafranch or @thenatureeducator,
• share the influencer's video (@goinggreenmedia or @frontyardveggies or @morethanfarmers or @redleafranch or @thenatureeducator) to their Instagram story

(all together: “Complete Entry”).

Only public Instagram posts using the correct tag and following the rules during the Entry Period will be considered valid entries.

Entered Good Deed Video is required to be Participant's own original, unpublished content that has not received any prior awards. Entered Good Deed Videos must not infringe upon any copyrights, trademarks, rights of privacy, publicity, or other intellectual property or legal rights of any individual or entity, and must comply with all applicable laws.

Completing these actions multiple times will not increase Participant's chances of winning. Only one Good Deed Video, follow of each specified account and one share of the influencer's video to the Participant's Instagram story and are required for valid entry. Any additional actions will not be considered in the winner selection process.

6. Selection and Notification of Winner

One winner (“Winner”) will be selected by the Sponsor's Friends of Nature team.

Following Instagram account @wearefriendsofnature and one of the following Instagram accounts @goinggreenmedia or @frontyardveggies or @morethanfarmers or @redleafranch or @thenatureeducator and sharing the influencer's video (@goinggreenmedia or @frontyardveggies or @morethanfarmers or @redleafranch or @thenatureeducator) is a requirement for a Complete Entry, however, the selection of the Winner will be based solely on the Sponsor's Friends of Nature team evaluation of the submitted Good Deed Video.

Sponsor's Friends of Nature team will select Winner based on sincerity, creativity of Good Deed Video and alignment of Good Deed Video with the Contest's conservation values (Reverence for Life, Sustainable Stewardship, Inclusivity and Justice). This is not a random drawing, nor based on likes, shares, or engagement.

The Sponsor shall have the sole and final discretion in selecting the Winner from among all eligible entries, based on the judging criteria outlined in these Terms and Conditions. The Sponsor's decision shall be final and binding in all matters related to the Contest. In the event of a tie, the Sponsor reserves the right to implement a tie-breaking mechanism, as determined by the Sponsor.

The Sponsor reserves the right, in its sole discretion, to disqualify any entry that violates these Terms and Conditions or that the Sponsor deems to be fraudulent, deceptive, or inappropriate. Grounds for disqualification may include, but are not limited to:

• Violation of any applicable laws or regulations.
• Submission of false or misleading information.
• Use of automated entry methods or bots.
• Harassment or inappropriate behavior towards other participants or the Sponsor.
• Submission of content that infringes upon the rights of others.
• Failure to comply with any of the entry requirements.

The Sponsor's decision regarding disqualification shall be final and binding.

The selected Winner will be notified via Instagram direct message within five (5) business days after the Entry Period ends. If the Winner does not respond within 72 hours, Sponsor reserves the right to select an alternate Winner.

The Winner will be required to respond to the message providing the following information:

• Full Legal Name,
• Complete home Address, where the Prize will be carried out,
• Email Address, associated with Winner's Instagram account.

The Sponsor reserves the right to request additional information or documentation from the Winner for the purpose of verifying their identity or eligibility. By participating in this Contest, Participant agrees to cooperate with any such requests.

The provided information will be used solely for the purposes of verifying the Winner's eligibility in accordance with these Terms and Conditions and for the fulfillment of the Prize.

If the Winner does not provide all requested information or the provided information does not comply with these Terms and Conditions the Prize will not be awarded. In this case, Sponsor reserves the right to select an alternate Winner.

7. Prize

The winner will receive a backyard makeover valued at Approximate Retail Value (ARV) $5,000–$10,000, including:

• A site visit and consultation from a native plant and pollinator specialist.
• Design and installation of a pollinator garden, rain garden, or wildlife-friendly pond (depending on site suitability).
• Guidance and educational materials for ongoing care and maintenance.

All costs related to design, materials, and labor for the initial installation will be covered by Sponsor. The Winner will be responsible for long-term maintenance of the space.

Prize is non-transferable and has no cash alternative.

Sponsor reserves the right to modify or substitute the Prize based on availability or site feasibility.

While this Contest is open to all legal residents of the United States, the Prize, consisting of an on-site visit, consultation and garden makeover, is subject to geographic limitations due to potential travel costs and logistical complexities. Remote locations are mainly, but not exclusively, defined as:

• Alaska and Hawaii.
• U.S. Territories, including but not limited to Puerto Rico, Guam, American Samoa, and the U.S. Virgin Islands.
• Locations that, in the Sponsor's reasonable discretion, present excessive travel costs or logistical challenges, including but not limited to, extremely rural areas requiring significant travel time or specialized transportation.

In the event that the selected Winner resides in a Remote location, as defined above, the Sponsor reserves the right, at its reasonable discretion, to offer an alternative prize of comparable value. This alternative prize may include, but is not limited to, a virtual consultation from a native plant and pollinator specialist, gift card for gardening supplies, a DIY garden makeover kit, or a donation in the Winner's name to support their community conservation project. The Sponsor will communicate any alternative prize options to the Winner and the Winner will have the option to accept or decline the alternative prize. The Sponsor's decision regarding alternative prizes is final.

8. Good Deed Video License and Usage

By entering Contest, Participant grants the Sponsor a non-exclusive, perpetual, worldwide, royalty-free right license to use, share, repost, or publish Good Deed Video across their owned and paid media platforms, including but not limited to social media, email, website, and digital advertising. The Sponsor will give credit to the Participant when using the Good Deed Video.

9. Publicity Rights

To the extent permitted by applicable law, by entering the Contest, Participant grants to the Sponsor, its subsidiaries, affiliates, retailers, distributors, advertising and promotional agencies, suppliers, and their authorized parties, a worldwide, perpetual, royalty-free license to use Winner's name, picture, voice, likeness and social media handle for advertising and promotional purposes in any media, whether now known or hereafter developed, without further permission, or notification.

10. Photography and Video Release for Garden Transformation

The selected Winner agrees to allow Sponsor to document the transformation of the garden through photography and video and to share before/after content publicly. The Sponsor will not publicly share footage that significantly compromises the Winner's privacy.

The Winner may be asked to provide a short testimonial or follow-up content after the makeover is completed.

11. Limitations and Liability

Sponsor is not responsible for any incorrect or inaccurate information provided by Participant, or for any technical malfunctions that may disrupt the entry process.

The Sponsor reserves the right, at its sole discretion, to cancel, suspend, or modify the Contest, or any portion thereof, should any fraud, technical failure, human error, or any other event beyond the Sponsor's reasonable control compromise the integrity or proper execution of the Contest. In the event of such action, the Sponsor will make reasonable efforts to notify participants via Instagram or other appropriate means.

12. Force Majeure

The Sponsor shall not be liable for any failure or delay in performing its obligations under these Terms and Conditions, including but not limited to, the awarding of Prize, due to any event or circumstance beyond its reasonable control, including, without limitation, acts of God, natural disasters, war, terrorism, civil unrest, strikes, labor disputes, technical malfunctions (including but not limited to Instagram platform disruptions or outages), governmental regulations, epidemics, pandemics, or any other event that disrupts or prevents the Sponsor from conducting the Contest as planned.

In the event of such a Force Majeure Event, the Sponsor reserves the right, in its sole discretion, to modify, suspend, or terminate the Contest, or to postpone or reschedule the awarding of Prize.

The Sponsor shall not be obligated to award any prizes if the Contest is terminated due to a Force Majeure Event.

The Sponsor will make reasonable efforts to communicate any such changes to participants via Instagram or other appropriate channels, but shall not be held liable for any failure to do so.

13. Privacy

Any personal information collected from Participant will be used solely for the purpose of administering the Contest and will not be shared with third parties unless required by law.

14. Taxes

Winner is solely responsible for all federal, state, and local taxes associated with the acceptance and use of the Prize.

The Approximate Retail Value (“ARV”) of the Prize, as stated in these Terms and Conditions, is determined by the Sponsor and represents the Sponsor's good faith estimate of the fair market value (FMV). However, the Internal Revenue Service (IRS) determines the actual tax liability based on the FMV of the Prize, which may differ from the ARV.

If the ARV of any prize exceeds $600, the Sponsor will issue a Form 1099 to the Winner and file a copy with the IRS, as required by law. If the FMV of any prize exceeds $5,000, the Sponsor may be required to withhold 25% of the prize's value for federal income tax purposes. The winner may be required to provide the Sponsor with the necessary funds for such withholding before receiving the Prize.

The Sponsor recommends that Winner consults with a tax professional regarding any tax implications related to Prize acceptance.

The Sponsor makes no warranties regarding the accuracy of the ARV as it relates to the FMV and is not responsible for any disputes between the winner and the IRS regarding the Prize's value.

By accepting the Prize, Winner agree to indemnify and hold harmless the Sponsor from any and all tax liabilities arising from their acceptance or use of the Prize.

15. Governing Law

This Contest is governed by the laws of the United States and the state of Delaware, without regard to its conflict of law principles.