PARTICIPATION TERMS & CONDITIONS
(Participation Agreement)

BY PARTICIPATING IN THE PHOTO CONTEST, THE PARTICIPANTS AGREES TO THE TERMS OF THIS AGREEMENT.

1. PHOTO CONTEST

1.1. The Photo Contest was launched by Lotte in order to spread out the brand power of Staron.

1.2. Lotte is looking for outstanding, creative and distinctive Photos to demonstrate how beautifully Staron products are applied in a real-world application.

1.3. A description of the Photo Contest including the schedule and further information can be found on the website via which the Photo Contest is administrated. In case of any deviation of and between the content on the website and the terms and regulations in this Agreement, the terms and regulations in this Participation Agreement supersede. For the avoidance of doubt: Above and beyond this Agreement, Lotte assumes no responsibility for any content on or in connection with the website.

1.4. Lotte reserves the right to change and/or amend the Participation Agreement if necessary to achieve its purpose and/or the successful realization of the Photo Contest. Lotte is required to inform Participants of any changes and/or amendments in the Participation Agreement immediately.

2. PHOTO CONTEST PROCEDURE

The Photo Contest will be conducted as follows:
Non-Compliance with the requirements set out of below may lead to a disqualification from the Photo Contest.

2.1. The dates listed below (except the Closing Date) are preliminary and may be subject to change. Lotte will inform the participants of any date changes in a reasonable manner.
Applications must be submitted within the application submission period of 01 September 2023 to 26 November 2023. The Photo Contest will run until 23.59 GMT on 26 November 2023 (Closing Date). Entries received after that time will not be considered.
The submitted photos will be evaluated after the closing date. The evaluation will be done as following standard and its portion:

• 1st Round (All participants)
Conducted by Lotte (100%)
Four judges from Lotte Chemicals in Germany will evaluate participants' photo entries for basic quality and subject matter appropriateness. Based on an evaluation of all validly submitted Entries, 20 shortlists will be selected.

• 2nd Round (Top 20)
All judges from each group (LOTTE Chemicals Headquarters in Korea, LOTTE Chemicals Germany Headquarters, and Blackheath Products) will evaluate the photo's suitability for the theme, photo quality, composition, harmony, aesthetics, and creativity. Their assessment will count 100% towards the final results.

2.2. To participate in the Photo Contest, participantss can apply through the submission portal on the Website. Participantss are required to provide their photos as per the given guidelines and submit them to the organisers by filling in the information given in the submission form.

The overall Photo Contest’s theme “Solid Beauty” is subdivided further into the two concrete categories “Commercial” and “Residential”. Each participants is required to provide at least two photos from one of those two categories. Photos should represent projects not older than 3 years (from 01.2020).

Participants will be required to provide the following information in their application:
Information of the participants (Name/Company name, Address, Mobile number, Email address)
Name of Project
Application
Location (City, County, Country)
Colour name of Staron
Year of the project
Architect & Designer (optional, but recommended)
Fabricator (optional, but recommended)

2.3. Participants shall submit all elements of an entry in the English language. The photos submitted during the photo contest must not contain any material of obscene, offensive, defamatory, violent, pornographic, racist, unlawful and / or otherwise objectionable nature. An infringement may result in the exclusion of the participants according to point 5 of these conditions of participation.

2.4. The winners will also be invited to a photo-shoot. The photos created in this frame can be used as follows:

- Representations of commercial and editorial nature on the website of Lotte and other partner sites
- Social media platforms
- Advertisements of the organizer
- Print publications/ Press releases
- Flyer of the organizer

3. AWARDS

The winners and runners-up of the Photo Contest will be awarded as follows:

The overall winner could win up to £2,500 if they win both categories.

Additionally, the winners will enjoy the following benefits:
Unlimited use of the ‘Award’ label for their own communication strategies
Photoshoot with an interview / video clip with an interview
Dedicated project photos feature via Staron & Blackheath social medias and website
If there are not sufficient pieces to be awarded, the final number of awarders may be changed but only as an exceptional case.
Awards must be claimed within 60 days of announcing the winner(s). If awards are not claimed, Lotte reserves the right to offer the award to another participant or to withdraw the unclaimed award.
Each country may have different regulation in prize money. Therefore, Lotte and the Participants are agreed that Lotte is not responsible for the tax resulting from the prize money. The winners have to check if the prize money is taxable and pay eventually arising taxes by themselves. Lotte reserves the right to deduct the tax from the prize money if Lotte is liable to deduct tax at the time of payment.

4. PARTICIPATION

4.1. Only one Entry per person or group with residence address in EU.

4.2. Each Participants participating in the Photo Contest has to be of full legal capacity in their respective jurisdiction, at least 18 years of age.

4.3. The Photo Contest is exclusively addressed to traders within the meaning of Article 2 (2) DIRECTIVE 2011/83/EU. The Participants declares and guarantees to participate in the Photo Contest and enter into this Agreement for purposes relating to his trade, business, craft or profession.

4.4. The jury reserves the right to reject any Entry it considers to be incomplete or to contain inappropriate content, which is not submitted with a sufficiently good standard of English or breaches the Terms.

4.5. Lotte does not accept liability for any Entries or parts thereof which are not (completely and/or partially) received or lost regardless of the cause.

4.6. If submitting Photos created by more than one individual, it is a condition of entry that each individual agrees to be bound by the terms of this Agreement. The Participants will inform disclose to Lotte any third-party contributor or collaborator in the Photo. Lotte may request from the Participants this Agreement in written form signed by the Participants and/or any third-party contributor or collaborator in the Photo at any stage.

4.7. By entering the Photo Contest Participants confirms that he/she has the authority to do so, including permission from any third-party rights holders. Entries must not infringe the rights of any third parties and Participants shall hold Lotte harmless from any infringement of third-party rights.

5. JURY

The jury’s decision is final. No discussion will be entered into. The decision may not be reviewed or challenged.

6. OWNERSHIP / RIGHTS (PARTICIPATING PARTICIPANTS)

6.1. “Content” within this Agreement shall mean all photos, images, photos, descriptions, texts, interviews and other material of Participants submitted or provided in connection with the Photo Contest as well as all of the versions, results and proceeds thereof in whatever stage of completion as may exist from time to time, in particular, the submitted photos.

6.2. Participants grant and procure that any third-party contributor or collaborator grants a worldwide, perpetual, irrevocable, transferable license to Lotte and Blackheath to distribute, print, print, display, broadcast (via social media and YouTube), reproduce and alter the Content in any manner through any on- or offline media for marketing and promotion of Lotte Staron products and to permit any other person, firm, or corporation to do any or all of the preceding.

6.3. Participants acknowledge and agree that Lotte and Blackheath will have the perpetual nonexclusive right to use and to authorize others to use the Participants’ names (including professional name or nickname), approved biographical material, photographic and video material, interviews in the distribution, advertising, and promotion of the Photo Contest.

6.4. Explicitly transferred under clause 6.2 above is the right to use the Content in an above-the-line TV Commercial (“TVC”). Participants grant Lotte the transferable right to use the Content to create a TVC for broadcast and all other media worldwide.

6.5. It is expressly agreed and understood between the Parties that Lotte has the right to use photos/videos taken of the Content subject to clause 6.2 above. Participants own all rights in Participants’ Content itself.

6.6. Participants waive and procure that any third-party contributor or collaborator waives its entitlement to be named as the originator and author of the submitted Content in connection with the licensing of rights and any exploitation act subject to clause 6.2.

6.7. Suppose the Participants do not advance to the second round of the Photo Contest (Shortlisted Entries), the license granted in section 6.2. will terminate at the end of 2023. For the sake of clarity: Except for the Shortlisted Entries subject to clause 7, Lotte will not exploit any rights transferred following termination of the license according to this clause 6.7. stop any current exploitations at the time of such termination; refrain from any future exploitations of such rights as if the relevant rights have never been transferred to Lotte. Lotte is not obliged to delete the Content from third-party platforms or services (e.g. Google Cache) at the time of such termination and after that.

7. PARTICIPANTS’S FURTHER OBLIGATIONS

7.1. Participants shall:
- at any time, provide true and complete information on and about him during all registration procedures and/or requests for information for and in connection with the Photo Contest, and agree to use his/her name and the name of the company together with the submitted photos for the promotion of Lotte.
- ensure that all activities undertaken in connection with this Agreement and/or his participation in the Photo Contest comply with all relevant laws and regulations.
- participate in the Photo Contest in a professional manner, with all due care, skill and diligence.
- undertake to comply fully with the reasonable requirements of Lotte with regard to the Photo Contest.
- Participants shall participate without using third-party brands, logos, trademarks, trade names or other representations (“Branding”). They shall follow any further instructions of Lotte concerning any Branding that is agreed to appear in connection with the Participants’ participation in the Photo Contest.

7.2. Participants shall not:
- Participants shall not do, nor authorize to be done, anything which, in Lotte’s reasonable opinion, disparages Lotte, its respective management, administration, its respective affiliates, or products published by Lotte and its affiliates; vice versa, Lotte will not disparage Participants.
- Participants shall not use, authorize the use or assist in the use of the materials of Lotte without the relevant party’s permission. It includes the use of LOTTE or its brand and any other materials created by Lotte in respect of the Photo Contest.
- act in any way, which could harm the brands, trademarks or other proprietary rights of Lotte.
- institute legal or other proceedings in the name of Lotte nor as agent for, or on behalf of the above.

8. EXCLUSIVITY

Participants guarantees that he will not present, advertise, promote or otherwise display the Content to or towards any other party until the end of the contest, unless authorized to do so by prior written approval of Lotte.

9. WARRANTIES AND REPRESENTATIONS

9.1. Participants warrants, represents and undertakes to Lotte, as well as guarantees, by means of an independent guarantee pursuant to § 311 para 1 German Civil Code (BGB) (selbständiges Garantieversprechen), that:

9.1.1. he has all necessary rights, licences, permissions, power and capacity to enter into this Agreement and to perform the obligations hereunder and in so doing, is not in breach of any obligations nor duties owed to any third parties and will not be so as a result of performing its obligations under this Agreement namely that his participation under this Agreement do not infringe the rights of any third party;

9.1.2. he has obtained or will obtain any and all necessary approvals and consents of third parties;

9.1.3. he is not aware, as at the date of this agreement, of anything within its reasonable control that may, or will, adversely affect its ability to fulfill its obligations under this Agreement;

9.1.4. he has full power, right and capacity to grant and assign to Lotte those rights set out in, and in accordance with, clause 6 and 7.

9.2. Participants hereby indemnifies and holds harmless Lotte, its officers, directors, employees, contractors and agents (“Indemnified Parties”) on demand from and against any and all claims, losses, damages, costs, judgments, penalties and expenses of any nature whatsoever (including reasonable legal Fee and disbursements) obtained against, imposed upon, incurred or suffered by any of them arising from, and/or in connection with, any dispute or other claim(s) or proceeding(s) brought against the Indemnified Parties (or any of them) on the basis of the breach of any guarantee given by Participants subject to this Agreement.

9.3. The provisions of this section 10 shall survive this Agreement and shall continue to have full legal force and effect without limit in time.

10. CONFIDENTIALITY

10.1. Participants shall not, at any time during or after the Term, use, divulge or communicate to any third-party or to the media (including public announcements and press releases) any confidential information of Lotte, which may have, or may in the future, come to its knowledge.

10.2. Nothing in this Agreement shall prohibit Lotte from making any public announcement(s) relating to this Agreement. The provisions of this section 11 shall survive expiry of this Agreement and shall continue to have full legal force and effect without limit in time.

11. MISCELLANEOUS

11.1. Changes to Photo Contest: Lotte reserves the right to suspend, cancel or amend the Photo Contest where it becomes necessary to do so, without liability to you or any third party.

11.2. Data Protection: By entering the Photo Contest you agree that any personal information provided by you may be held and used by Lotte and its agents/suppliers to administer the competition.

11.3. Charges: There is no charge to enter the Photo Contest, however, participants are responsible for their own access charges that may be charged by third parties, such as internet providers.

11.4. This Agreement constitutes the entire agreement between the Parties and supersedes any and all previous agreement or arrangement between the Parties relating to the subject matter hereof.

11.5. Participants is an independent person with respect to Lotte, and nothing in this Agreement shall be construed to place the Parties in the relationship of employer and employee, principal and agent, partners or joint venture partners.

11.6. Participants shall not assign at law or in equity (including by way of a charge or declaration of trust), sublicense, transfer, charge or deal in any other manner with this Agreement or any rights or obligations under this Agreement, or sub-contract any or all of its obligations under this Agreement or purport to do any of the same unless approved by Lotte in writing. Lotte shall not assign at law its payment obligations hereunder.

11.7. No delay, indulgence or omission in exercising any right, power or remedy provided by this Agreement or by law shall operate to impair or be construed as a waiver of such right, power or remedy or of any other right, power or remedy.

11.8. Any and all Schedules referred to in this Agreement or submitted under this Agreement are an integral part of this Agreement.

11.9. Wherever this Agreement includes English terms after which either in the same provision or elsewhere in this Agreement German terms have been inserted in brackets and/or italics, the respective German terms alone and not the English terms shall be authoritative for the interpretation of the respective provisions.

11.10. This Agreement and its execution shall be exclusively governed by German Law (without regard to the provisions of German conflict of laws rules).

11.11. All disputes arising out of or in connection with this Agreement, its validity or its enforceability shall be finally and exclusively settled in accordance with the Arbitration Rules of the German Institution of Arbitration (DIS) without recourse to the ordinary courts of law. The place of arbitration is Frankfurt am Main. The number of arbitrators is three. The language of the arbitral proceedings is English. The applicable substantive law is German law.

11.12. In case any provision in this agreement is or becomes invalid or incomplete this will not affect any other provision within this Agreement.