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Intent to apply for Lowes 100 Hometowns
City of Dubuque City Council Meeting Consent Items # 11. Copyrighted July 6, 2021 ITEM TITLE: I ntent to apply for Lowes 100 Hometowns SUMMARY: City Manager recommending approval to apply for Lowes 100 Hometowns grant in the amount of $115,000. RESOLUTION Authorizing the Mayor to execute an application for the Lowes 100 Hometowns and authorizing the Leisure Services Manager and the City Manager to approve the application SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Lowes 100 Hometowns Grant-MVM Memo Staff memo Resolution Grant Application Grant Support Material Grant Support Material Grant Support Material Grant Application Information Grant Application Information Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE C DUUB_-_*._TE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Intent to apply for Lowes 100 Hometowns DATE: July 1, 2021 Dubuque *Amrin Cia 2007-2012.2013 2017*2019 Leisure Services Manager Marie Ware recommends City Council approval to apply for Lowes 100 Hometowns grant in the amount of $115,000. There is no required match. Lowe's is celebrating its 100th anniversary in 2021. As part of their centennial celebration, Lowe's wants to enhance the communities in which we all live by providing funding for 100 charitable projects such as improvements, to community resources/spaces, neighborhood housing, cultural preservation and area revitalization. Community resources/spaces included parks. Dubuque Lowe's Manager Michael Bryson contacted Marie Ware and shared the details of the Lowe's 100 Hometown grant. Marie shared details of the Re -Imagine Comiskey plans and engagement and Mr. Bryson was excited to see the City apply to this program. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Manager THE CITY OI: DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie Ware, Leisure Services Manager SUBJECT: Intent to apply for Lowes 100 Hometowns DATE: 6/30/2021 Dubuque AA bmp Gty 2007.2012.2013 2017*2019 INTRODUCTION The purpose of this memorandum is to request approval to apply for Lowes 100 Hometowns. DISCUSSION Dubuque Lowe's Manager Michael Bryson contacted Leisure Services Manager Marie Ware and shared the details of the Lowe's 100 Hometown grant. She shared details of the Re -Imagine Comiskey plans and engagement and Mike was excited to see the City apply to this program. He shared that Lowe's employees could not be a part of the nomination process but he was very supportive of the City applying. Anticipated Amount: $115,000.00 Match Required: No Match Amount: N.A. Application Due Date: 4/19/2021 Anticipated Notification Date: 7/20/2021 Anticipated Receipt of money: 10/29/2021 Departments Involved: Leisure Services Due to a new city grant processing system and process and staffing changeovers this memo was delayed from the time the grant was applied to proposed City Council approval of application. GRANT OBJECTIVE Lowe's is celebrating its 100th anniversary in 2021. As part of their centennial celebration, Lowe's wants to enhance the communities in which we all live by providing funding for 100 charitable projects such as improvements, to community resources/spaces, neighborhood housing, cultural preservation and area revitalization. Community resources/spaces included parks. The grant was submitted electronically via a form on the Lowe's website. Attached to this item is the sample nomination as well as the FAQ sheet which outlines all fields that were filled in. The website acknowledged receipt of the grant however did not provide any form of documentation of all fields filled out. Attached is the answer to the three main questions asked. Each question could only be up to 250 word long answers. No specific personal contact information was provided by Lowe's on their website for a name of an individual. There is not a future opportunity to reapply for these funds, at this time. GOAL(S) ADDRESSED Council Goal: Diverse Arts, Culture, Parks, and Recreation: Experiences and Activities Outcome(s) Have well-built, well -maintained and upgraded parks and park amenities Value(s) Access to quality parks, facilities and park amenities for all ACTION STEP I am requesting that you approve my recommendation to apply for Lowes 100 Hometowns. CC: Jennifer Larson, Director of Budget and Finance Cassie Ross, Assistant Finance Director MW/mw Prepared by Marie Ware Leisure Services 2200 Bunker Hill Rd Dubuque IA 52001 (563) 589-4262 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 227-21 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE LOWES 100 HOMETOWNS AND AUTHORIZING THE LEISURE SERVICES MANAGER AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the City of Dubuque has administered Lowes 100 Hometowns since April 2021; and Whereas, the City of Dubuque proposes to continue administering the Lowes 100 Hometowns. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That the Mayor hereby is authorized and directed to submit an application for the Lowes 100 Hometowns on behalf of the City of Dubuque. Section 2. That the Leisure Services Manager and the City Manager are hereby authorized to approve the application that is submitted to NA NA. Section 2. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the Lowe's. Passed, approved and adopted this 6th day of July 2021. Dl Roy D. uol, Mayor Attest: Adrienne N. Breitfelder, ity Clerk Lowe's 100 Hometown Grant Re -Imagine Comiskey Why is this project you're nominating important to you? Why? Kennedy, the young lady in the first photo, that's why! The youth —our future! She represents what we heard from many others about the need for an improved open space field in Comiskey Park. For her it is soccer for others it is imagined as a place for multi -use activities, an activated space that is attractive to a variety of people, and a beautiful open field for current events like National Night Out, Back to School Bash, Juneteenth, Keychella Pride Celebration (LGBTQ+), Black Lives Matter gatherings and marches, and new future events and activities. For the first time in my 36-year career I feel we have listened to the right people (those that use and frequent the park and those that live nearby) to re -develop the park in their neighborhood as they want it not us. We listened to the needs, dreams, wishes, and desires. Re -Imagine Comiskey represents what the neighbors of all ages, races and cultures prioritized. They have taken ownership in this park through the Re -Imagining process and redevelopment planning. It is now my time to deliver on what they asked for. If we as a City and I as Leisure Services Manager do not deliver on what we heard, we will have failed the people who told us what they want. I want to deliver on their vision that changes "that" park in "that" neighborhood to a community jewel re -imagined by its neighbors and park users. What problem the Community project will solve and who will it serve? The residents identified a lack of maintenance. A critical look showed the problem is the dirt. The soil isn't great. The field is weeds versus grass. It is flat, does not drain, has dead spots, and is compacted from years of lovin' and heavy use. The problem is that dirt and grass seed is not glitzy and a manhole in the middle of the field needs moved. Dead grass and weeds cry lack of maintenance. This is our most diverse yet economically distressed neighborhood with poverty as high as 31 %. The neighborhood is home to many Marshallese and black families with minority rates of 30.7% vs 9.5% overall in our city. We listened to what they want and now must take action. They deserve what they asked for. We are committed in a big way in the first phase and hope you will commit to dirt and grass as the next step. It is not about what it is now, rather what it will become to each person once rejuvenated! Our request is for a beautiful, green open field with good dirt and grass that becomes a space to run and enjoy any activity. It might be soccer, kite flying, sunbathing, softball, kickball, playing with your dog, socializing, or whatever activity your heart desires. Picnic tables would be scattered on the edges for the free summer kids' playground activities and free meals program sponsored by the Leisure Services Department and free meals. A place to run and have fun! What makes Dubuque so special? Since 2017 we committed to equity. We understand the absolute need to do more and committed long before the recent social unrest in our country. The City Council's vision statement: "a sustainable and resilient city, an inclusive and equitable community where ALL are welcome." Equity is woven throughout all eight Council goals. City departments have equity plans. The city's comprehensive plan has equity and inclusion woven through it. The City Council's Community Equitable Poverty Reduction and Prevention Plan addresses the widespread impact of poverty and plan to reverse its course. To say as a City, community and Leisure Services Department that we have a focus on equity is an understatement. How does equity relate to this ask? Equitable access to high quality parks, activities, and recreation experiences. City and grant funding is covering the top three priorities from the people and the fun parts of the project ($1.6 million)— splash pad, new playground and additional basketball court. This request is for their 4t" priority. It is no less important as we heard it over and over. It will be our city's first splash pad, the fourth totally accessible playground structure in a parks system of over 50 parks, plus another basketball court --all by the spring of 2022. Kennedy dreamed of a field and told us it was her priority. We are special as we want to help Kennedy and others dreams come true the way they envisioned not us. They will take ownership in our community and this park. C W U L Q Q Q � e' a\.P�J:� M. � � T .- r ` . _ � _ _ - - -. _ ., .a - ...-. , � 1. :�' G �:_-- �� II _ - � _, � ., I ' I � _ - T'� J � �� - �' ` �� � +. I � - .I� 1 . � � /1� _ '�� - �� �- �� �I - y � _� } � � - - - �y I '45� s��;A' � - ��1�BFY \ e _ , s. ��.r-t'- 3'i� � '- Ri-- � � �� -� . as J.` �� ems.. � _ / � ;�' � �.. � � � j/;- il� . "%',; '4�i i!J�=� - I /�. _ � �. _ : _ : - �\ Phase 1 NATIVE SEEDING , n EX. TENNIS COURT EX.A &m w x SP H ! EX. BASKETBALL COURT LAWN Phase 1' c. L V+ 1, fir jI EC °olect Arco \ I / JACKSON STREET REmIMAGINE(0)l ��m m� ; COMISKEY ISKEY PARK SITE DESIGN - PHASE I 0 U0 klll, PLAYGROUND j m SPLASH PAD EX. PARKING LOT LEGEND PROPOSED TREE EXISTING TREE LAWN - NATIVE SEEDING - DECORATIVE PLANTING CONCRETE WALKWAY - SPLASH PAD - PLAY AREA STRIPED PLAY AREA BASKETBALL SURFACING ASPHALT ® EXISTING FENCE (MODIFIED) SHADE STRUCTURE SIGNAGE BIKE PARKING (12 STALLS TYP.) DRINKING FOUNTAIN PICNIC TABLE, TYP. • GRILL, TYP. J, BASKETBALL HOOP, TYP. LIGHTING SEATING January 22, 2021 LOWE'S 1 0 C HOMETOWNS TABLE OF CONTENTS 1. WHAT YOU NEED FOR THE NOMINATION PROCESS .................... 2 2. SAMPLE NOMINATION............................................................. 3 3. FAQ'S...................................................................................... 5 LOWE'S HOMETOWNS WHAT YOU NEED FOR THE NOMINATION PROCESS Make sure you have all the following information gathered before you start your application. The application process will take approximately 10 minutes. If you need to come back to finish your submission at a later time, you will come back to the step where you left off. THE INFORMATION YOU'LL NEED FOR THE APPLICATION: Project Location & Contact Info Project Details • 3 Photos Optional Video r14=1 LowE's 10C HOMETOWNS SAMPLE NOMINATION The sample nomination is a fictional depiction of a portion of the nomination fields and includes just the written submission and three (3) photos for instructional purposes only. PROJECT NAME: Horizons Community Center Repair TYPE OF PROJECT: Community Resource/Space HOW ARE YOU INVOLVED WITH THE PROJECT YOU'RE NOMINATING?: Employee CITY, STATE: Anywhere, U.S.A. WHY IS THE PROJECT YOU'RE NOMINATING IMPORTANT TO YOU? Since the early 1980s, the Horizons Community Center has been a very valuable asset to our town. It's served as a place people of all ages could depend on for everything from after -school activities to work- place skills development, and even programs that helped those in need get placed in jobs. But when the center was all but decimated during the recent devastating floods, the sweeping damage it sustained made it uninhabitable. It was deemed a safety risk due to water damage and other issues, and has been forced to shut down until it can be properly repaired. The building needs water -damage repair throughout, new flooring, exterior and interior paint, storage shelves and cabinetry for supplies, kitchen appliances, electric rewiring, lighting, and new computer equipment to name just a few of the most crucial items on a long list we hope to be able to soon com- plete in an effort to return the community center to its former glory. The longer our town is without its community center, the more people will miss it and the entertainment, comfort, and opportunity it brings. For the past five years, I've been an employee of the center, running many of the after -school activities and job placement programs. I also grew up visiting the community center on a near -daily basis. It's where I learned a lot about life, and where I picked up many of the skills that I use daily to help make the center all it can be. WHY IS THE PROJECT YOU'RE NOMINATING IMPORTANT TO YOU? One of the main problems our community center helps solve is that it keeps children off the streets and focused on tutoring that helps further their education. They're able to use their energy in positive ways that help build up their confidence and self esteem. Without the center, many of them have no place to go after school, which can result in less focus on studies and engaging in potential criminal behavior. Additionally, since our economy and town has been negatively affected by the aftermath of the flood (not to mention the issues every town is facing due to the pandemic), we've seen an increase in unemploy- ment in the area. If the center is able to reopen, we can help with that issue by reigniting our job place- ment and workplace skills development programs to aid in placing people —including veterans and those with disabilities —in jobs that will not only provide them with a sense of worth and income they desperately need, but will also help them contribute positively to our community. The details within this sample are for instructional purposes only. LOWES' 10C HOMETOWNS SAMPLE NOMINATION CONTINUED Unfortunately, the center's insurance only covers so much (especially since a flood in this area is so rare that we didn't have flood insurance), and the town has very limited funds to allocate to post -flood revital- ization. If we're able to receive assistance from 100 Hometowns, we can work to reopen the community center's doors and make it even better and more beneficial to our town and its residents of all ages than ever before. WHAT MAKES THE HOMETOWN YOU'RE NOMINATING SO SPECIAL? Our town is a tight -knit community that embraces the values of small-town America. We're not a place you'll often read about in the news, and that's just fine with us, but we've become known recently due to the flood that destroyed many parts of our town and completely disrupted our easy-going way of life. However, we want to use this unfortunate event to show America a positive story, one that will inspire others who have encountered similar obstacles. We want to let the country know that we can pull togeth- er and rebuild —that we're a resilient community that will come back from this tragic obstacle better and stronger than ever before. Beloved by the 3,000 or so people who live here, our town is the kind of place where kindness, generosity, and friendship take priority over anything else. We look out for each other, and the community center is just one way we're able to do so. If we receive a grant, you'll immediately find out just how dedicated we all are to our community. Many people would be willing to show up, pitch in, and offer any services they can to help reopen our doors and make the community center a central part of our community once again. And we would not take this opportunity lightly. We'd do all we can to maintain the community center, ensuring it stays helpful to anyone in our town who needs it for many years to come. APPROXIMATELY HOW MANY PEOPLE IN THIS COMMUNITY WILL BENEFIT FROM THIS PROJECT? SOO+ The details within this sample are for instructional purposes only. LOWES HOMETOWNS FREQUENTLY ASKED QUESTIONS WHAT IS LOWE'S 100 HOMETOWNS? In celebration of our 100th anniversary, Lowe's is committing $10 million to give back to the communities we serve with a project called 100 Hometowns. Through 100 Hometowns, we are inviting Americans nationwideto nominate their hometown projects in need, tell us about their hometown story and help us demonstrate the possibility all our neighborhoods hold. WHO IS ELIGIBLE TO NOMINATE? This Program is open to legal residents of the fifty (SO) United States and the District of Columbia, who are at least eighteen (18) years of age or older (nineteen [19] in Alabama and Nebraska, and twenty-one [21] in Mississippi) at the time of nomination. For more information regarding eligibility, please reference the website and program terms linked at the bottom of each page at lowes100hometowns.com. WHAT IS THE GRANT PROGRAM NOMINATION PERIOD? The grant program nomination period is March 9, 2021 at 12:00am EST - April 19, 2021 at 11:S9pm EST. WHAT KIND OF PROJECTS CAN BE PROPOSED? Project types could include community resource/space (e.g., park, senior citizen center, youth center), neighborhood housing (e.g., critical repairs, block of homes, accessible home needs), cultural preserva- tion (e.g., theater, memorial renovation, sustainability), area revitalization (e.g., small business, renova- tions/repairs, renovations to downtown areas), and other. ARE SMALL BUSINESSES ELIGIBLE TO BE NOMINATED? Yes, small businesses are eligible to be nominated as long as the small business will partner with a non-profit or government entity. MAY I ENTER MORE THAN ONE PROJECT NOMINATION? Each nominator may register only once but may submit up to two (2) nominations. Each nomination must be unique; that is, nominators cannot nominate any one project more than once. WHY CAN'T I REGISTER WITH MY P.O. BOX ADDRESS? Physical address allows us to identify your residence and location for eligibility purposes. Our shipping service cannot ship information to a P.O. box, so if you're identified as a grant recipient, we may need to send grant recipient details to your home or project address. WHAT IF I DO NOT RECEIVE AN EMAIL THAT I REGISTERED SUCCESSFULLY? Please contact the customer support link at the bottom of the page at www.loweslOOhometowns.com for additional questions. LOWES HOMETOWNS FREQUENTLY ASKED QUESTIONS CONTINUED WHAT DO I DO IF I DID NOT RECEIVE A CONFIRMATION EMAIL UPON SUBMITTING MY NOMINATION? Please contact the customer support link at the bottom of the page at www.loweslOOhometowns.com. WHERE CAN I FIND UPDATES AFTER THE NOMINATION PERIOD CLOSES? Please visit www.lowes.com. HOW WILL I KNOW IF MY PROJECT HAS BEEN CHOSEN? A Lowe's 100 Hometowns representative will contact you if your project has been selected. THE LOWE'S HOMETOWNS GRANT PROGRAM TERMS AND CONDITIONS OVERVIEW: Lowe's is proud to celebrate its 100th anniversary in 2021. As part of our centennial celebration, Lowe's wants to enhance the communities in which we all live by providing funding for 100 charitable projects such as improvements, to community resources/spaces, neighborhood housing, cultural preservation and area revitalization. While Lowe's may select some of the projects based on our own charitable initiatives, Lowe's invites customers from across the United States to nominate their hometowns for a charitable project through the Lowe's Hometown Grant Program ("Program"). From the nominations received through the Program website, https:Hlowes100hometowns.com ("Website"), Lowe's selection committee ("Selection Committee") will ultimately select eligible charitable projects to fund ("Grant(s)") by working with local non -profits and/or government entities ("Grant Recipients") as further set forth below. 2. PROGRAM PERIOD: The Program nomination phase starts on March 9, 2021 at 12:00 AM (midnight) Eastern Time ("ET") and ends on April 19, 2021 at 11:59:59 PM ET ("Program Nomination Period"). The official time keeping device for this Program is the Website. 3. WHO CAN NOMINATE: This Program is open to legal residents of the fifty (50) United States and the District of Columbia, who are at least eighteen (18) years of age or older (nineteen [19] in Alabama and Nebraska, and twenty-one [21] in Mississippi) at the time of nomination. Each eligible entrant is a "Nominator". Each Nominator may submit a nomination for an eligible charitable project to receive a Grant. Any (i) members of the Selection Committee reviewing nominations and helping narrow down or select Grant Recipients, (ii) except as set forth below, any employees, officers, directors and agents of any for profit company or entity involved in the implementation and execution of the Program, and (iv) as applicable, each of foregoing entities respective parent companies, subsidiaries, and affiliates, and, each of their respective immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the "steps" of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not Eligible Nominators. Notwithstanding the foregoing, for avoidance of doubt, associates of Lowe's Companies, Inc. and its affiliates (collectively, "Lowe's"), other than those included in 3(i) above, are eligible to nominate their hometowns to be a part of the Program. Nominator's participation constitutes his/her full and unconditional agreement to these Terms and Conditions. Lowe's, or at Lowe's election its third -party entities' helping implement and execute the Program ("Third Party Vendors") decisions and interpretations, are final and binding in all matters related to the Program. Awarding any Grant is contingent upon fulfilling all requirements set forth herein and any other condition provided by Lowe's and Selection Committee's sole and absolute discretion. Nominators and/or potential Grant Recipients may be required to provide proof of identification and eligibility as requested by Lowe's or any of its Third Party Vendors. NO PURCHASE OR PAYMENT NECESSARY TO APPLY OR RECEIVE A GRANT. PURCHASE HISTORY WILL NOT IMPACT GRANT DECISIONS. 302854541 v2 4. HOW TO NOMINATE A HOMETOWN PROJECT: During the Program Nomination Period, an eligible Nominator must visit https://Iowes100hometowns.com and enter his/her valid e- mail address and the information requested on the nomination form, which may include, without limitation: his/her first and complete last name (no initials); phone number; street address (no P.O. Boxes will be allowed); city, state; and zip code. Eligible Nominator will then be required to nominate a non-profit ("Non -Profit") or government organization or specify a community project that benefits the community as a whole as opposed to small group or individual which a Non -Profit or government entity can implement and execute ("Community Project") as further set forth below. Nominators can only nominate the following for a Grant ("Eligible Grant Recipients"): (i) Must be a Non -Profit entity recognized under Section 501(c)(3) of the Internal Revenue Code or a government entity or a Community Project that benefits the community as a whole as opposed to small group or individual which a Non -Profit or government entity can implement and execute; (ii) Use of the Grant must be limited to community physical improvements or enhancements to one or more of the following: a. Possible Grant Uses • Community Resources/Space (e.g. park, senior citizen center, youth center, etc.) • Neighborhood Housing (e.g. critical repairs, block of homes, accessible home needs, etc.) • Cultural Preservation (e.g. theatre, memorial renovation, sustainability, etc.) • Area Revitalization (e.g. a new playground at a community park, small business renovations/repairs, renovations to downtown areas, etc.) b. Impermissible Grant Uses or Grant Recipients • An individual that needs his/her home repaired. • No sponsorship of activities (youth sports teams, etc.); (iii) Must be a Community Project that can be completed on or before October 31, 2021; (iv) Physical location of the nominated Community Project must be located in the United States and be within a reasonable distance (as determined by Lowe's in Lowe's sole discretion) of a Lowe's store; and (v) Nominator may not nominate a Community Project that the Nominator would be responsible for completing unless Nominator is affiliated with the Non -Profit or government entity that will be responsible for completing. Nominator must also provide the requested information on the Website, including the name of the Community Project, Community Project type, the Nominator's involvement in or relationship with the Community Project (if any), if any other organization or non-profit is supporting this Community Project already, as well as the Community Project location, address, and a contact for the Community Project other than the Nominator (first name, last name, phone number, and organization/project website). Nominator must then provide details as to why the nominated Community Project is important to Nominator consistent 2 with the judging criteria noted below (250 words or less), a description about what problem the Community Project will solve and who it will serve (250 words or less) and provide details about what makes his/her nominated hometown so special (250 words or less) (each an "Essay"). Nominator must also provide whether or not the Community Project can be started or continued and completed between July — October 2021 (50 words or less), the approximate amount of people in the community who will benefit from the Community Project, the current status of the Community Project, and an estimated cost to complete the Community Project. Nominator must then follow the on -screen prompts to upload three (3) photographs of the nominated Project that needs the makeover (JPG, .JPEG, .PNG / 10 MB Max per photo) and an optional video (the video cannot exceed one [1] minute and 80 MB, .MOV, .MP4, .MPEG, .WMV). Submitting the optional video will not enhance your chances of having your Community Project being awarded a Grant. The Community Project Essays, photographs, and optional video are collectively a "Submission". All Submission photographs, videos, and Essays must comply with the restrictions outlined in Section 6 below. Sharing or posting of the Submission on social media, including on Instagram, Facebook or Twitter, will not increase the likelihood of any Community Project ultimately being chosen to receive a Grant by the Selection Committee. Limit: There is a limit of two (2) Submissions per person during the Nomination Phase. Each Submission must be unique. Anyone who attempts to nominate more than the stated limit may be subject to disqualification from the Program. If it is discovered or suspected that a person has attempted to enter or upload Submissions using multiple e-mail addresses or identities, all of that person's Submissions may be declared null and void in Lowe's sole and absolute discretion. NOTE: By submitting a Submission, each Nominator agrees that his/her Submission conforms to the Submission Requirements set forth in Section 5 below and all other terms and conditions in these Terms and Conditions and that Lowe's, or its Third Party Vendors, may, in their sole and absolute discretion, disqualify him/her from the Program if Lowe's (in its sole discretion) decides that his/her Submission fails to conform to the Submission Requirements or any other provision of these Terms and Conditions. 5. SUBMISSION GUIDELINES AND REQUIREMENTS: Each Submission must comply with the following: • Submission must comply with these Terms and Conditions; • Photographs must be in one of the following formats:.JPEG, .JPG, or .PNG; • Photo must not exceed 10 MB; • Video must not to exceed one minute and 80 MB, in one of the following file formats: .MOV, .MPEG, .WMV, .MP4; • Must not contain material that violates or infringes another's rights, including, but not limited to, privacy, publicity or intellectual property rights, including copyright infringement, or legal or moral rights of any third party, living or deceased; • Must not disparage Lowe's or any other person or party affiliated with the operation and administration of this Program; • Must not include any personally identifiable information other than as necessary to 3 complete the nomination form; • Must be the original work of the Nominator and must not contain images or artwork, music, quotes, parodies or other materials not created by Nominator; • Must not contain, facilitate, reference, or use material that is fraudulent, inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous; • Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity or any materially dangerous activity; • Must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages: i. gambling, including without limitation, any content related to online casinos, sports books, bingo or poker; ii. the use of firearms/weapons/ammunition, any illegal drugs, prostitution, pornography, nudity, profanity or other adult content, violence, or the use of alcohol or tobacco products; and iii. the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government; • Must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way; • Must not contain, facilitate, reference, or use material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, ethnicity, religion, nationality, disability, sexual orientation, political orientation, citizenship, ancestry, marital status, or age; and • Must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any jurisdiction where the photograph or video was created. Nominator must have approval from any persons appearing in the Submission photograph, video, or essay and be able to provide express written consent of every such person appearing in the Submission photograph, video, or essay to Lowe's or its Third Party Vendors if requested. NOTE: If any Submission fails to comply with any of these Submission Requirements or any other provisions of these Terms and Conditions, Lowe's and/or its Third -Party Vendors reserve the right, but are not obligated, to disqualify the Submission. Further, no Community Project will be eligible to receive funding from a Grant unless Lowe's determines, in its sole and absolute discretion, that such Community Project is capable of and is sponsored by or otherwise adopted for implementation and execution by a Non -Profit or government entity which is an Eligible Grant Recipient. Each person who fills out a nomination form for this Program represents and warrants as follows: (i) the Submission is the Nominators' own original; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with Nominator, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; 4 (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (iv) Nominator has obtained permission from any person whose name, likeness or voice is used in the Submission; and (v) the Submission does not and will not violate any applicable laws and is not and will not be defamatory or libelous. Nominator hereby agrees to indemnify and hold Lowe's Companies, Inc affiliates and subsidiaries, any individual, company, organization or an entity involved in the execution and/or implementation of the Program, as well as any of the foregoing entities' employees, officers, directors, representatives, and agents (collectively, "Program Entities") harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. By submitting a Submission, Nominator hereby grants permission for the Submission to be publicly posted, at Lowe's sole discretion. By submitting a Submission, Nominator grants Lowe's an unlimited, worldwide, royalty -free, irrevocable, perpetual, transferable license and right to publish, use, publicly perform and display the Submission in whole or in part, in any way, in any and all media, without limitation, and without consideration to the Nominator, for promotional or marketing purposes. The Program Entities are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions — all of which will be void. Lowe's reserves the right to disqualify any Nominator and/or Submission in its sole and absolute discretion. 6. JUDGING AND SELECTION OF GRANT RECIPIENTS. There are two (2) rounds of judging: a. First Round. Throughout the Program Nomination Period, the eligible Submissions will be judged by a panel of qualified judges compromised of employees of Third Party Vendors and Lowe's ("First Round Judges"). The First Round Judges will score the Submissions according to the following weighted criteria: (i) Most inspirational: 20%; (ii) Quality of Submission: 10%; (iii) Demonstrated Need: 35%; and (iv) Degree of Community Impact: 35% ("Judging Criteria"). The First Round Judges will take the top two hundred (200) Submissions to present to the Lowe's panel of judges and its designees ("Second Round Judges") for the second round. (In the event of a tie, the tied Submissions will be reviewed by the applicable judges and the Submission with the highest score in "Level of need" will be named the potential grant recipient.) b. Second Round: In the second round, Second Round Judges will score and rate the Submissions in Lowe's sole and absolute discretion based on the following criteria: i. Balanced number of Community Projects in urban/rural communities; ii. Disperse geographic reach across the United States; iii. Cultural and socioeconomic diversity of communities served; iv. Willingness of a Non -Profit or government entity to facilitate and oversee the Community Project; and 5 v. Ability to Complete Community Project on or before 10/31/21. Lowe's judges will select up to one hundred (100) Submissions to be potential Grant Recipients. Grant Recipients are each considered a potential Grant recipient pending verification of eligibility and compliance with these Terms and Conditions, and agreement to grant conditions as further described below. Decisions of the judges are final and binding and Nominator hereby waives any and all rights to view the scoring, rating methodology, or anything related thereto. 7. GRANTS AND CONDITIONS: A. Grants: Amount of each Grant awarded will be determined by Lowe's in its sole and absolute discretion and may take into consideration the Community Project budget, other Community Projects that have received grants, available funds and/or other Judging Criteria. Each Grant will be awarded to a Non -Profit or government entity who can and is willing to accept responsibility for completion of the Community Project. Grants may be in the form of cash or Lowe's gift cards in Lowe's sole discretion. B. Grant Conditions. Each Grant Recipient will be required to sign a separate agreement with Lowe's and/or its designee which governs the terms and conditions of the Grant. The Program Entities shall not be held responsible for any delays in awarding or fulfilling a Grant for any reason. It is Lowe's 's intent to fund one hundred (100) community projects as part of its Hometown campaign. In the event of an insufficient number of eligible Submissions and/or qualified Community Projects, Lowe's may in its sole discretion, select projects from outside the Program. The actual number and amount of Grants funded by the Program will depend upon the number of eligible Submissions, qualified Community Projects and the number of projects selected by Lowe's to fund outside the Program. Potential Grant Recipients are subject to verification of eligibility and compliance with these Terms and Conditions. Lowe's and/or its Third -Party Vendors may request additional information from Nominator, Community Project representatives, Non - Profit and/or government entity or require that Grant recipients enter into a separate agreement with Lowe's or its designee which contains separate terms and conditions. Each Nominator and/or recipient of a Grant may be subject to a background check and/or additional due diligence before the Grant is awarded. Lowe's reserves the right to disqualify the Submission, including Community Project and/or potential Grant recipient related thereto based on the results of such background check and/or due diligence if Lowe's determines in its sole discretion that the awarding of the Grant or the Community Project itself might reflect negatively on Lowe's. Potential Grants and Community Projects are subject to verification of eligibility and compliance with these Terms and Conditions. Failure to provide all required information within the stated time period may result in no longer being considered for a Grant or otherwise a forfeiture of the Grant. Each Grant recipient will be required to sign a separate agreement with Lowe's or its designee, including a Liability/Publicity Release and/or a performance contract confirming the recipient's eligibility and that it will use Grant funds toward completion of the Community Project and fulfillment of Grant conditions, which may require that the recipient A provide Lowe's with status reports and social media posts regarding progress and permit Lowe's or its designee to photograph or videotape progress on the Community Project and post same in promoting the Community Project, the Program and/or Lowe's business. Upon verification of eligibility, the contact for the Grant recipient will be contacted regarding Grant issuance. The Program Entities shall not be held responsible for any delays in awarding or fulfilling a Grant or completing a Project for any reason. Grants are not transferable. Grant recipients are responsible for all aspects of the Project other than the Grant funds provided by Lowe's pursuant to this Program. 8. LIMITATION OF LIABILITY: By participating in this Program, Nominators and Grant recipients on behalf themselves and/or any organization that they represent, agree that the Program Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents ("Released Parties") are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Program; (vii) any injury or damage, whether personal or property (including any injury related to implementation of the Project or use of the Grant), to Nominator's or to any person's computer related to or resulting from participating in the Program and/or accepting or using the Grant; and (viii) Submissions that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions. Further, the Released Parties are not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, a -mails that are not received because of a Nominator's privacy or spam filter settings that may divert any winner notification or other Program related e-mail to a spam or junk folder. By entering the Program, each Nominator and Grant recipient agrees: (i) to be bound by these Terms and Conditions, including Submission requirements; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Program; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys' fees) that may arise in connection with: (a) the Program, including, but not limited to, any Program -related activity or element thereof, and the Nominator's Submission, participation or inability to participate in the Program; (b) the violation of any third -party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Grant (or any component thereof); (d) any change in the Grant (or any components thereof); (e) human error; (f) any wrongful, 7 negligent, or unauthorized act or omission on the part of any of the Released Parties; or (g) the negligence or willful misconduct by Nominator. If, for any reason, the Program is not capable of running as planned, or the integrity and or feasibility of the Program is severely undermined by any event beyond the control of Lowe's, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a "Force Majeure" event or occurrence), or in the event of insufficient submissions or insufficient qualified projects, Lowe's reserves the right, at its sole discretion, to abbreviate, cancel, terminate, modify, suspend or extend the Program and/or proceed with the Program, including the selection of Grant recipients in a manner it deems fair and reasonable, including the selection of Grant recipients from among eligible Submissions received prior to such cancellation, termination, modification or suspension without any further obligation provided such Submissions include an Eligible Grant Recipient and such Grant recipient follows all other terms and conditions of the Program and/or separate agreement between Lowe's and/or designee. 9. DISPUTES: THIS PROGRAM IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NORTH CAROLINA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE MECKLENBURG COUNTY, NORTH CAROLINA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NORTH CAROLINA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN CHARLOTTE, NORTH CAROLINA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NOMINATORS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY NOMINATOR AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROGRAM PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED. 10. PRIVACY POLICY: Lowe's privacy policy is available at https://www.lowes.com/l/privacy- and-securitv-statement.html. 11. PUBLICITY RIGHTS: By participating in this Program, each Nominator and Grant recipient agrees to allow Lowe's and its designees the perpetual right to use his/her name, address (city and state), biographical information, likeness, picture and other information and content provided in connection with the Program or related to the Community Project for promotion, trade, commercial, advertising and publicity purposes in all media worldwide including, but not limited to, on television and the Internet, without notice, review or approval and without additional compensation, except where prohibited by law. 12. RELEASE: By participating in the Program, each Nominator and Grant recipient release and agree to indemnify and hold harmless Program Entities, from and against any and all costs, claims, damages, or any other injury, whether due to negligence or otherwise, to person(s) or property (including, without limitation, death or violation of any personal rights, such as violation of right of publicity/privacy, libel, or slander), due in whole or in part, directly or indirectly, to participation in the Program, creation of an Submission, acceptance or usage of the Grant, or arising out of participation in any Program, use of the Grant or Community Project -related activity, whether hosted by Lowe's or a third party. 13. MISCELLANEOUS: This Program is subject to all applicable federal, state, and local laws. Awarding a Grant is contingent upon fulfilling all requirements set forth herein. Any attempted form of participation in this Program other than as described herein is void and may result in disqualification or revocation of the Grant in Lowe's sole discretion. Lowe's reserves the right to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Program, to be acting in violation of these Terms and Conditions or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Program or use of any Grant. Any use of robotic, automatic, macro, programmed, third - party or like methods to participate in the Program will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE LOWE'S RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Terms and Conditions or any word, phrase, clause, sentence or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Terms and Conditions valid and enforceable. The invalidity or unenforceability of any provision of these Terms and Conditions or any Program documents will not affect the validity or enforceability of any other provision. Lowe's failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted will not be returned. In the event of any conflict with any Program details contained in these Terms and Conditions and the Program details contained in any Program promotional materials (including, but not limited to, point of sale, television and print advertising, or any other promotional media), the details of the Program as set forth in these Terms and Conditions shall prevail. In the event of any conflict between the Terms and Conditions and the Website terms and conditions, the terms and conditions of the Terms and Conditions will prevail. © 2021 Lowe's 9