THE WALLPAPER CHALLENGE

LACOSTE OPERATIONS, hereinafter referred to as the “Organizer”, a Limited Company, organized and existing under the laws of France whose registered office and principal place of business is located at 31-37, boulevard de Montmorency – 75016 Paris (France), registered in the Trade and Companies of Paris register- under number 562 880 468, is organizing free game without a purchase obligation (hereinafter referred to as the "Lacoste Creative Challenge").

Participation to the Game implies unreserved acceptance and respect of the provisions of the present rules and regulations. Failure to comply with any of these provisions shall render participation null and void.

The Game is accessible only on www.the-wallpaper-challenge.lacoste.com from 6th of May 2024 to 12th of May 2024 included.

Participation to the Game is reserved for any natural/physical person who is 18 years of age or older during the Game period (hereinafter the "Participant").

Access to the Game is forbidden to company representatives and employees, as well as to members of their family in the direct line, of the Organizer and of any company controlled by, controlled with, or controlling the Organizer (within the meaning of article L233-3 of the French Code de commerce) and to any person who has collaborated or collaborates in the organization of the Game, up to the 6th degree included.

The Organizer reserves the right to ask any Participant to prove that the Participant is 18 years of age or older and, if necessary, to disqualify any Participant who does not present official proof within two (2) working days of its request.

The Game is open to any natural/physical person who is 18 years of age or older and resides in Belgium, Netherlands, Germany, Switzerland, Italy.

The Participant agrees to provide in good faith, to the Organizer, accurate and sincere information, under penalty of exclusion from the Game contest and, where applicable, of loss of the Winner's status.

The Organizer reserves the right to carry out any verification in order to ensure compliance with these rules and regulations, in particular to remove any Participant who has committed any kind of abuse or attempted fraud, without, however, being obliged to carry out a systematic verification of all participations to the Game. The Organizer may limit this verification to the participation of the Winner, as defined below.

It is strictly forbidden, by any process whatsoever, to modify or to attempt to modify the proposed Game’s functioning, especially in order to modify the results or to influence by automated or unfair means the validity of the instant win or the designation of a winner. If it turns out that a Participant has apparently won a prize in infringement of the present rules and regulations, by fraudulent means, such as by use of an automated search or algorithm, or by means other than those defined by the Organizer on the website or by the present rules and regulations, the Winner’s prize will not be awarded and will remain the property of the Organizer, without prejudice to possible prosecution that may be taken against the Participant by the Organizer or by a third party.

The Organizer reserves the right to cancel the participations of anyone who has registered and/or published designs several times under different identities or by providing inaccurate information.

The Participant authorizes all verifications concerning his/her identity, e-mail address and telephone number. In this regard, the Organizer reserves the right to request from the Participant a copy of the documents attesting to these elements.

Each person is deemed to have read, understood, and agreed, without reservation, to these rules and regulations when accessing and participating in the Game.

To participate in the contest and try to win, the Participant must:

Share his or her creation (hereinafter “the Creation” and “the Creations” for plural), fill out the "Le Club Lacoste" loyalty program membership form and check the box provided to receive communications relating to his or her participation in the Game.

The Organizer will choose the winner from among the Creations.

The Creation will be adapted by the Organizer to be created as a mobile or desktop wallpaper. The Creation will be sent by e-mail to all Le Club Lacoste members who participated in the challenge. This e-mail will also include a redirection link to download the winning Creation.

The Winner will be announced by the Organizer between the dates of 13th of May 2024 and 20th of May 2024 from among the Participants having hared their creations.

The Winner designated at the end of the Game will be offered:

A €250 voucher redeemable in stores or on the lacoste.com website.

It is expressly stated that the Winner may not in any case request or require the modification of the prize awarded, including its content, nor the reimbursement in cash or consideration of any kind whatsoever, nor the replacement by a gift of equivalent nature. No cash or in-kind value will be awarded in exchange for the coupon.

The Organizer reserves the discretionary right to modify the prize in the case of an event beyond its control and to offer the Winner another prize and/or an endowment of the same or greater nature or value.

Within thirty-five (35) days following the designation of the Winner, the Winner will be individually informed of the results by a message sent by the Organizer on its email informing the Winner of the terms and conditions for the delivery of the coupon won.

Each voucher is subject to the following rules:

The procedures for taking possession of the prize will be indicated in this message. In particular, the Winner must indicate his/her title, first name and surname.

The Winner must specify whether he/she wishes to use his/her voucher in store (excluding concessions and outlets) or on the lacoste.com website. The voucher can only be used in-store in Belgium.

Each voucher must be used in full, and no new voucher can be issued if it is not used in full.

The voucher offer is strictly personal, and valid only once for one year from the date of issue and presentation of your loyalty card in Lacoste stores (excluding concessions and outlets), and on the Lacoste website by logging into your account. Offer cannot be combined with any other current offer or promotion. Only in Lacoste stores, the Winner will be able to accumulate several vouchers to purchase his/her items. Product(s) offered are non-exchangeable. See conditions of use on the Gift Card. In the event of a return, the Winner will receive reimbursement in the form of a credit note.

Should the Winner fail to comply with the present rules, not withdraw or not be able to withdraw the prize, for any reason whatsoever, or not be able to prove his/her identity within five (5) working days of the Organizer's request, or if the contact details are invalid, false or erroneous, the Winner will be deemed to have forfeited his/her prize, it being specified that no compensation will be admissible as a result.

The Winner, who is a minor, will also lose the benefit of the prize if he/she cannot prove to the Organizer, within the above-mentioned time limits, that he/she has obtained authorization to receive the prize from a parent or, where applicable, a person with parental authority.

The prize will be sent directly to the Winner at the address he/she will have given to the Organizer.

The Participant hereby transfers free of charge to the Organizer exclusively, from the date of acceptance of the present rules and regulations, his author rights on the Creation worldwide and for the legal protection term of the rights transferred referred to herein with a view to communicate, distribute, use the Creation according to the provisions of these rules and regulations as defined above and below.

(i) Rights transferred

The rights transferred include:

• the right to reproduce or have reproduced, to copy or have copied, to fix or have fixed, to record or have recorded, to manufacture or have manufactured, to publish or have published, in particular with a view to its direct or indirect marketing, whether free of charge, paying or by subscription, without limitation of number, all or part of the Creation in black and white or in color in any format and any framing ratio, by any process known or unknown to date, and in particular but not limited to, by any graphic, mechanical, chemical, holographic, electronic, digital, analog, audiovisual, magnetic process and on any medium, known or unknown, present or future, in particular mobile or desktop wallpaper, paper, cardboard, metal, plastic, screen, textile, clothing, leather, digital support, magnetic support, film, videogram and/or videodisc, interactive or not, CDI, CD/DVD-Rom, Video CD, Blu-ray Disc, digital disk, hard disk, USB key, memory card, flash memory, SD Card and similar, in mobile telephony, database, image bank, as well as on any private or open, national or international telecommunication network, including Intranet, Internet (including websites), social networks and any network of existing or future virtual environments (such as the metaverse) or any other ;

• the right to represent or have represented, to broadcast or have broadcast to any public, to communicate or make available to the public all or part of the Creation, by any process and on any known or unknown medium, present or future, in any place, in any format, with a view to public exploitation or private use, whether free of charge, paying or by subscription, in particular, but not exclusively, by any communication network, fixed and/or mobile radio communication systems or others, including by cinema, video, television broadcasting, analog, hertzian, satellite or cable transmission, by wireless technology or mobile telephony, and more generally, by any other means of telecommunication, including Intranet, Internet, social networks and any existing or future virtual environment network (such as the metaverse) or any other;

• the right to adapt, correct, modify, and develop all or part of the Creation by any means or process known or unknown to date, and in particular, but not exclusively, by any of the above-mentioned means of communication, and in particular the right to create new versions of the Creation or new creations based on the Creation, the right to integrate the Creation into any existing or future work and to create derivative products, on any medium and by any means, as well as the right to modify, crop, colorize, arrange, assemble, condense, mix, migrate, edit, animate, delete or add a sound or visual element (logo, trademarks), the right to interface with any software, hardware or database or any other means of telecommunication, including Intranet, Internet, social networks and any network of existing or future virtual environments (such as the metaverse) or any other ;

Given the purpose and destination of the creation of the Creation, the technical constraints and customs in this matter, the Participant acknowledges and accepts that his name will not be mentioned on the Creation or any other creation in which it is incorporated.

(ii) Concession to third parties

The Participant expressly authorizes the Organizer to grant to any third party of its choice, in any form whatsoever, in particular by assignment, license or any other type of contract, all or part of the rights granted above on the Creation, temporarily or permanently, and to disseminate, distribute and market it, on any medium and to any public within the limits of the rights granted herein.

In such circumstances, the Organizer's beneficiaries must respect the terms of the present transfer.

(iii) Registration of the Creations

The Participant expressly authorizes the Organizer (or any third party assignee of his rights) to register worldwide in his name and on his behalf, all or part of the elements composing the Creation and its derivatives or constituting an adaptation of the latter as a design and/or trademark and/or copyright and/or patent or any other title, and this worldwide and for the entire duration of the protection of the author's economic rights.

When registering designs based on the Creation, the Participant expressly waives the right to have his name mentioned as the author of the registered designs.

(iv) Exclusivity

This assignment is granted exclusively by the Participant to the Organizer.

The Participant undertakes not to personally exploit the Creation to which he has assigned his rights to the Organizer in application of the present agreement.

The Parties expressly exclude the application of article L.131-5-2 of the Intellectual Property Code and agree that the Organizer will have no obligation to exploit the Creation.

Duration

The present transfer is granted for the entire duration of the protection of the author's rights attached to the Creation.

Territory

The present license is granted for the whole world.

Recognition of rights

The Participant acknowledges that the Organizer belongs to a group of companies that own brands representing different crocodiles throughout the world.

The Participant undertakes never to question the validity of the intellectual property rights of the Organizer and the companies in its group and to respect them fully.

The Participant undertakes never to claim ownership or use of any of the trademarks or intellectual property rights belonging to the Organizer or any of its group companies.

Guarantee

The Participant guarantees to the Organizer the peaceful, full and complete enjoyment of the rights that he will grant to the Organizer on the Creation against any disturbance, dispute, claim or eviction whatsoever and in particular:

• that he will be legally able to transfer the rights referred to herein without contravening any of his pre-existing commitments.
• that the Creation on which the intellectual property rights will be transferred to the Organizer will not infringe the rights of third parties and in particular will not constitute counterfeit, will not be contrary to good morals or to the law, will not infringe the image rights of third parties, nor will it cause any disturbance in the enjoyment of a third party on his property and will not have been, on the day of the transfer of the rights to the Organizer, the object of any claim from third parties;
• that he is the author or the exclusive holder of the intellectual property rights on the Creation, or at least that he has obtained from any third party having participated in the creation of the Creation, the exclusive transfer of all the intellectual property rights and/or all the authorizations necessary for their exploitation by the Organizer under the conditions provided for herein;
• that all persons appearing on the Creation, whether identifiable or not, have given their written consent to the use by the Organizer of the Creation representing them, under the conditions provided for herein and in compliance with the applicable legal provisions.

The Participant shall indemnify the Organizer against any claim and shall cover any expense (including legal fees) incurred by the Organizer as a result of the Participant's failure to comply with any of the guarantees as defined by this Contract.

In particular, the Participant shall bear the cost of any damages that the Organizer may be ordered to pay by a court decision holding that the Creation or its exploitation constitute an act of infringement and/or unfair competition.

The conventional indemnities which would result from a transaction within the meaning of articles 2044 and following of the French Civil Code will also be borne by the Participant.

Defense of rights

The Participant undertakes to promptly inform the Organizer as soon as he becomes aware of any unlawful use of the Organizer's intellectual property rights concerning the Creation, which use includes counterfeiting or any other violation.

In such a case, the Participant shall provide the Organizer with reasonable assistance in defending the latter's intellectual property rights in the Creation.

Organizer alone shall be entitled to take all necessary and appropriate action in connection with any infringement or threatened infringement of any of its intellectual property rights, at its own discretion and at its own expense. Any damages recovered as a result of such proceedings shall accrue to the Organizer.

The Organizer shall in no event be liable for any damages that the Participant may suffer as a result of acts of infringement or violation of intellectual property rights committed by third parties.

The Game’s Organizer will not be liable if, in the event of force majeure or events independent of his will or from justified necessity, he is forced to cancel, shorten, extend, postpone the Game or modify the conditions, accordingly he cannot be held responsible. He reserves the right in any case to extend the period of participation. In particular, the Organizer or its service providers decline all responsibility in the event of unavailability of the Site during the Game`s duration, or in the event of malfunctions non imputable to him, or in the event that information provided by participants are destroyed for reasons non imputable to the Organizer.

Participation implies knowledge and acceptance of the characteristics or limits of the Internet and in

particular the risk of contamination by possible viruses circulating on the network the lack of

protection of certain data against possible misappropriation or piracy. It is therefore up to each Participant to take the necessary measures to protect their data and materials. The Organizer is not responsible in case of malfunction of the Internet network, computer virus, external attack, fraud, technical failure preventing access to the game or its smooth running. The Organizer reserves the right, in this case, not to award prizes and / or to prosecute the perpetrators and / or accomplices of these frauds before the competent courts.

In addition, its liability will not, under any circumstances, be retained in case of loss of e-mail or mail.

The Organizer may cancel all or part of the Game if it appears that fraud has occurred, in any form whatsoever, for example, aiming to exceed the number of authorized entries, in the context of participation in the Game. In this case, the Organizer reserves the right not to award the prize to the fraudsters and/or to prosecute the perpetrators of such fraud within the competent jurisdictions.

No telephone or written request concerning the interpretation or application of these rules and regulations, the mechanisms or terms of the Game, or the Winner will be answered.

In the event of a case of force majeure or events beyond the Organizer's control, the Organizer reserves the right to modify, postpone, interrupt, or cancel the Game and the prize offered. The Organizer may not be held liable in any way for this.

The sole fact of participating in the Game implies acceptance without restriction or reservation of these rules and regulations. In this regard, the Organizer reserves the right to exclude from participation in the Game any person who disrupts the progress of the Game (particularly in the event of cheating or fraud) and to deprive the Participant or Winner of his or her right to obtain a prize and/or any other reward.

The Game and the interpretation of these rules and regulations are governed by French law. All disputes will be subject to the competent jurisdictions of the Cour d’appel de Paris.

Lacoste (including notably Lacoste Operations S.A., Lacoste S.A.S. Lacoste E-commerce S.A.S.U., Lacoste France S.A.S., 31-37, boulevard de Montmorency - 75016 Paris, France), the party responsible for the processing, implements the processing of Participants' personal data for the purposes of administering their participation to the Game, designating the Winner, and awarding the prize.

The information collected during participation in the Game is essential for this operation and is intended for the Lacoste departments concerned, as well as, where appropriate, its subcontractors or service providers.

The information collected is stored until the date of designation of the Winner, with the exception of the Winner's information, which will be stored for a period of three (3) years from the day of the Winner’s announcement.

If the Winner agrees to receive commercial offers from Lacoste and/or to join Club Lacoste, an e-mail informing the Winner of the terms and conditions for processing his/her personal data and of his/her rights shall be sent to the Winner.

Pursuant to the legislation in force, the Participant has a right to access, correct, remove, or limit the processing of his/her information, a right of opposition, a right to transfer his/her data as well as the right to set out guidelines relating to the fate of his/her data after his/her death; these rights may be exercised by email to dataprotection@lacoste.com or by letter for the attention of Service Juridique / Responsable Données Personnelles at the following address: 31-37, boulevard de Montmorency – 75016 Paris (France), accompanied by a copy of proof of identification.

Finally, the Participant has the right to lodge a complaint with a control authority.

Participation in the Game by means of a fixed or mobile Internet connection made on a free or flat-rate basis (cable, ADSL, optical fiber, mobile Internet package) will not give rise to any reimbursement insofar as the fact that the Participant is connected to participate in the Game does not cause him/her to incur any additional costs.