Hatch Cam Terms & Content Release

BIRDALAY HATCH CAM

User-Generated Content Submission Terms & Content Release

Last Updated: 09/04/2026

These User-Generated Content Submission Terms and Content Release ("Terms") govern participation in the Birdalay Hatch Cam program ("Hatch Cam" or the "Program") operated by Birdalay, doing business as Birdalay ("Birdalay," "we," "us," or "our").

By submitting a photograph, video, audio recording, written story, caption, testimonial, or other content through the Hatch Cam submission form ("Submitted Content"), you acknowledge that you have read and agree to these Terms.

Participation is voluntary.

Hatch Cam is completely separate from any product review, including reviews submitted through Etsy, Birdalay.com, or another marketplace. No review, rating, testimonial, social media post, recommendation, or positive statement about Birdalay is required to participate or receive a Hatch Cam reward.

 

1. ELIGIBILITY

To participate in Hatch Cam, you must:

  • Be at least 18 years old and legally capable of agreeing to these Terms;
  • Own the Submitted Content or otherwise have all rights and permissions necessary to submit it and grant the rights described in these Terms;
  • Have any permissions required from identifiable individuals appearing or heard in the Submitted Content;
  • Comply with these Terms and the submission requirements displayed on the Hatch Cam submission page; and
  • Reside in a jurisdiction in which participation and receipt of the applicable reward are lawful.

Birdalay may request reasonable information necessary to verify eligibility, the associated Birdalay order, ownership of Submitted Content, or required permissions.

Birdalay reserves the right to reject any submission that does not meet the Program requirements or these Terms.

 

2. QUALIFYING HATCH CAM SUBMISSIONS

To qualify for the advertised Hatch Cam submission reward, Submitted Content generally must:

  • Feature a genuine Birdalay product or experience;
  • Show the Birdalay product being opened or cracked, the hidden message being discovered, the recipient's reaction, and/or another meaningful portion of the Birdalay experience;
  • Contain approximately ten (10) seconds or more of usable footage, unless Birdalay determines that shorter footage is nevertheless usable;
  • Be sufficiently clear in image and/or audio quality to reasonably understand what is occurring;
  • Be original content that the participant is legally permitted to submit; and
  • Otherwise comply with these Terms.

Professional production, editing, scripted comments, testimonials, positive statements, endorsements, or favorable reactions are not required.

Birdalay encourages genuine, unscripted moments.

A submission's eligibility for a reward does not necessarily mean Birdalay will publish or otherwise use that submission.

3. CONTENT OWNERSHIP

You retain ownership of your Submitted Content.

By submitting the content, however, you grant Birdalay the license and permissions described in these Terms.

Nothing in these Terms transfers ownership of your copyright in the Submitted Content to Birdalay unless you and Birdalay separately agree otherwise in writing.

4. LICENSE TO BIRDALAY

By submitting Submitted Content, you grant Birdalay and its affiliates, successors, assigns, licensees, advertising partners, service providers, contractors, and agents a non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable and transferable license to use the Submitted Content for Birdalay's legitimate business, promotional, advertising, marketing, publicity, and related commercial purposes.

Subject to applicable law, this license includes the right to:

  • Reproduce;
  • Display;
  • Publish;
  • Distribute;
  • Transmit;
  • Perform;
  • Exhibit;
  • Store and archive;
  • Repost and share;
  • Adapt;
  • Crop;
  • Resize;
  • Reformat;
  • Caption or subtitle;
  • Add or replace music or other audio;
  • Combine with other content;
  • Create excerpts, compilations, montages, and derivative works;
  • Add Birdalay branding, graphics, text, calls to action, or other design elements; and
  • Otherwise edit and use the Submitted Content as reasonably necessary for the permitted purposes described in these Terms.

Birdalay is not obligated to use Submitted Content.

 

5. LIKENESS, VOICE, AND PUBLICITY RELEASE

To the extent permitted by applicable law, you authorize Birdalay to use the names, likenesses, images, appearances, voices, actions, performances, statements, and other identifying characteristics voluntarily included in the Submitted Content ("Likeness") in connection with Birdalay's permitted use of the Submitted Content.

This permission includes use of the Likeness in connection with Birdalay's advertising, marketing, promotional, social media, ecommerce, publicity, and related commercial activities.

Birdalay is not required to identify or credit individuals appearing in Submitted Content.

Unless separately provided for publication, Birdalay will not intentionally publish a participant's full legal name, home address, telephone number, email address, Etsy order number, or other private contact information merely because that information was supplied through the Hatch Cam submission form.

 

6. WHERE BIRDALAY MAY USE SUBMITTED CONTENT

The license and release granted under these Terms permit Birdalay to use Submitted Content in media and channels including, without limitation:

  • Birdalay.com and other Birdalay-controlled websites;
  • Birdalay product and collection pages;
  • Etsy and other third-party marketplace listings operated by Birdalay;
  • Instagram, Facebook, Pinterest, TikTok, YouTube, and other social media platforms;
  • Organic social media posts;
  • Email marketing;
  • Digital advertisements;
  • Paid social media advertisements;
  • Search, display, video, retargeting, and other paid advertising;
  • Digital and printed promotional materials;
  • Retail, trade show, press, publicity, and public-relations materials; and
  • Compilations of Birdalay customer moments and reactions.

Submitted Content may appear alongside commercial messages, product information, pricing, calls to action, or links through which Birdalay products may be purchased.

 

7. PAID ADVERTISING

You expressly acknowledge and agree that Birdalay may use Submitted Content and the Likenesses contained within it in paid commercial advertising, including advertisements displayed to audiences who do not currently follow or have a relationship with Birdalay.

Birdalay may edit Submitted Content into shorter advertisements or combine portions of it with product imagery, music, text, graphics, other customer content, or Birdalay-created material.

Birdalay will not knowingly materially alter a participant's spoken words or actions in a manner that falsely represents the participant as making a statement, endorsement, or reaction that the participant did not make.

Participation in Hatch Cam does not require a participant to provide a testimonial or endorsement.

 

8. EDITING AND CONTEXT

You understand that Submitted Content may be edited for length, format, clarity, accessibility, branding, or creative presentation.

Birdalay agrees not to knowingly edit Submitted Content in a materially deceptive manner that falsely portrays an individual's reaction, words, actions, or experience.

Birdalay may use only portions of Submitted Content and is not required to use a submission in its entirety.

9. MINORS

Submitted Content may include individuals under 18 only when the required parental or legal guardian authorization has been obtained.

If you are the parent or legal guardian of a minor appearing in Submitted Content, by providing the applicable consent you authorize Birdalay's use of that minor's image, likeness, voice, actions, and appearance in accordance with these Terms.

If you are not the parent or legal guardian of an identifiable minor appearing in Submitted Content, you represent that you have obtained authorization from the minor's parent or legal guardian sufficient to submit the content and grant the permissions described in these Terms.

Birdalay may require a separate release executed directly by a minor's parent or legal guardian before publishing or using Submitted Content featuring the minor, particularly in paid advertising.

Birdalay reserves the right not to use any Submitted Content featuring a minor.

10. OTHER PEOPLE APPEARING IN SUBMITTED CONTENT

By submitting content containing identifiable adults other than yourself, you represent and warrant that you have obtained permission from those individuals sufficient to allow Birdalay to use their Likenesses as contemplated by these Terms.

Birdalay may request additional releases directly from identifiable individuals before using Submitted Content.

If necessary permission cannot be established, Birdalay may decline to use the Submitted Content.

 

11. $5 HATCH CAM SUBMISSION REWARD

Participants who submit content meeting the published Hatch Cam requirements may be eligible to receive the reward advertised at the time of submission, currently anticipated to be a $5 thank-you gift in the form of a refund on original order.

Unless otherwise stated:

  • Limit one $5 reward per qualifying Birdalay order;
  • Multiple videos from the same order do not automatically qualify for multiple rewards;
  • The reward is provided for submitting qualifying content—not for providing a positive reaction, testimonial, rating, or endorsement;
  • No Etsy review, Birdalay.com review, social media post, recommendation, testimonial, rating, or endorsement is required;
  • A participant's reaction or opinion does not need to be favorable to qualify;
  • Birdalay may reject fraudulent, duplicate, unlawful, unusable, unauthorized, or otherwise nonqualifying submissions;
  • Birdalay may require reasonable verification of the associated Birdalay order;
  • The form and timing of reward delivery may be described on the submission page;
  • Rewards are subject to applicable laws and any terms imposed by the reward provider; and
  • Receiving the $5 reward does not guarantee that Birdalay will publish or otherwise use the Submitted Content.

Birdalay will determine reasonably and in good faith whether Submitted Content satisfies the Program's published submission requirements.

Except for the advertised Hatch Cam reward, participants will not be entitled to royalties, residuals, licensing fees, or other compensation for Birdalay's permitted use of Submitted Content.

 

12. PARTICIPANT REPRESENTATIONS AND WARRANTIES

By submitting content, you represent and warrant that:

  1. You are legally permitted to agree to these Terms;
  2. You own the Submitted Content or possess sufficient rights to grant the permissions described in these Terms;
  3. The Submitted Content does not knowingly infringe another person's copyright, trademark, privacy, publicity, or other rights;
  4. You have obtained required permissions from identifiable individuals appearing or heard in the Submitted Content;
  5. Any information you provide in connection with your submission is materially accurate;
  6. The Submitted Content was not obtained unlawfully;
  7. The Submitted Content does not contain unlawful, defamatory, threatening, obscene, or intentionally deceptive material; and
  8. Your submission and Birdalay's permitted use of it will not knowingly violate an agreement binding upon you.

13. PROHIBITED CONTENT

Do not submit content that:

  • You do not own or have permission to share;
  • Shows an individual who has not consented where consent is legally required;
  • Contains private or sensitive personal information that should not be made public;
  • Contains copyrighted music, television, artwork, photographs, graphics, or other third-party material that you do not have permission to license for commercial use;
  • Depicts illegal activity;
  • Contains hateful, threatening, harassing, sexually explicit, or otherwise unlawful material;
  • Creates an unreasonable safety or privacy risk; or
  • Otherwise violates these Terms.

Birdalay may reject, delete, or decline to use Submitted Content for any lawful reason.

 

14. MUSIC AND THIRD-PARTY MATERIAL

Participants are encouraged to submit original, unedited footage without adding copyrighted music, television clips, graphics, photographs, stickers, or other third-party material.

You should not include third-party material unless you have sufficient rights to authorize Birdalay's commercial use of that material.

Birdalay may mute, remove, replace, or otherwise modify audio or visual elements when reasonably necessary to address copyright, platform, advertising, accessibility, or production requirements.

 

15. DURATION AND TERRITORY

The license and releases granted under these Terms are worldwide.

Unless prohibited by applicable law or modified by Birdalay in writing, the license granted to Birdalay is intended to continue for the duration of the applicable intellectual-property rights in the Submitted Content.

Birdalay nevertheless provides the voluntary future-use removal procedure described below.

 

16. REQUESTS TO DISCONTINUE FUTURE USE

If you later want Birdalay to stop using your Submitted Content in new marketing materials, you may contact:

info@birdalay.com

Please provide sufficient information for Birdalay to identify the submission, such as:

  • Your name;
  • The email address used for submission;
  • Your order number, if available;
  • A description of the Submitted Content; and
  • Where you have seen the content being used, if known.

After verifying the request, Birdalay will make commercially reasonable efforts to discontinue new uses of the Submitted Content within a reasonable period.

You understand that a removal request may not require Birdalay to:

  • Recall or destroy printed materials already produced or distributed;
  • Retrieve content already lawfully distributed;
  • Remove materials from third-party websites or accounts outside Birdalay's reasonable control;
  • Immediately terminate advertising campaigns or scheduled materials that cannot reasonably be modified; or
  • Delete archival or backup copies maintained for legitimate legal, security, compliance, recordkeeping, or rights-management purposes.

17. PRIVACY

Birdalay may collect information submitted through Hatch Cam, including:

  • Name;
  • Email address;
  • Order number;
  • Purchase channel;
  • Occasion information;
  • Submitted Content;
  • Information contained within Submitted Content;
  • Consent and release records;
  • Submission date/time and related technical records; and
  • Other information voluntarily supplied by the participant.

Birdalay may use this information to:

  • Administer Hatch Cam;
  • Verify submissions;
  • Communicate with participants;
  • Provide submission rewards;
  • Maintain records of content permissions;
  • Organize and manage Birdalay's content library;
  • Exercise and document the content rights granted under these Terms;
  • Comply with legal obligations; and
  • Protect against fraud, abuse, or unauthorized submissions.

Personal information will otherwise be handled in accordance with Birdalay's Privacy Policy:

Birdalay will not intentionally publish private contact information such as email addresses, home addresses, telephone numbers, or order numbers merely because such information was provided through the submission form.

Submitted Content itself may contain personal information, including identifiable images, voices, and likenesses. Participants understand that this content may be publicly displayed and used commercially as described in these Terms.

18. DATA RETENTION

Birdalay may retain Submitted Content, consent records, submission information, and related documentation for as long as reasonably necessary to administer Hatch Cam, exercise or document the rights granted under these Terms, resolve disputes, satisfy legal obligations, and maintain appropriate business records.

 

19. NO OBLIGATION TO PUBLISH OR CREDIT

Birdalay is under no obligation to publish, advertise, feature, or otherwise use Submitted Content.

Birdalay is not required to provide attribution or credit when using Submitted Content unless otherwise agreed in writing.

 

20. NO EMPLOYMENT OR CREATOR RELATIONSHIP

Participation in Hatch Cam does not create an employment, agency, partnership, joint venture, influencer, spokesperson, or independent-contractor relationship between the participant and Birdalay.

The Hatch Cam submission reward does not entitle a participant to royalties, residuals, licensing fees, or additional compensation for Birdalay's permitted use of Submitted Content, except where otherwise required by law or separately agreed in writing.


21. RELEASE

To the extent permitted by applicable law, you release Birdalay and its affiliates, employees, owners, agents, licensees, contractors, advertising partners, successors, and assigns from claims arising from Birdalay's authorized use of the Submitted Content and Likenesses in accordance with these Terms, including claims based upon rights of publicity, privacy, attribution, or approval.

This release does not apply to claims that cannot legally be waived or to uses outside the permissions granted by these Terms.

 

22. CHANGES OR TERMINATION OF HATCH CAM

Birdalay may modify, suspend, or discontinue Hatch Cam or change future reward amounts or submission requirements at any time, subject to applicable law.

Changes to future Program terms will not retroactively reduce a reward already earned under the terms applicable when a qualifying submission was made.

Material changes to the scope of rights granted for previously submitted content will not apply retroactively unless legally permissible and appropriately agreed.

 

23. CONTACT

Questions regarding Hatch Cam, Submitted Content, permissions, privacy, or removal requests may be directed to:

Birdalay
Birdalay LLC
9895 County Road 3613 Murchison TX, 75778
info@birdalay.com