GIVENCHY SOCIETY OF BEAUTY LOYALTY PROGRAM TERMS AND CONDITIONS (1) (1)

TERMS AND CONDITIONS

Effective as of March 1, 2024

Welcome to the Givenchy Society of Beauty Loyalty Program (“Program”), a loyalty program that rewards your beauty purchases online at www.GivenchyBeauty.com and your engagement in other qualifying activities. The Program is 100% free to join! It is important that you read these entire Program Terms, which you accept when you participate in the Program. However, here are some of the highlights: Benefits (defined below) have no cash value and you have no property or other interest or right to them, and may not transfer or encumber them. Givenchy Beauty may change Benefits accrual and redemption terms, unless we have specifically committed otherwise in writing (e.g., limited time promotions). Givenchy Beauty may terminate your membership, or the Program, in which case Benefits are forfeited. Limited to U.S. residents, void where prohibited, and subject to eligibility requirements and program terms, conditions and limitations.

YOU CONSENT TO OUR PRIVACY PRACTICES AND AGREE TO LIMITATIONS ON YOUR REMEDIES AND OUR LIABILITIES AND TO ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER.

Thank you for reviewing the terms and conditions (“Program Terms”) to the Program operated by Givenchy Beauty (“Givenchy Beauty” or “we” or “our” or “us”). By participating in the Program, you agree to these Program Terms, which govern the terms and conditions of the Program. Each time you engage in Program activities, (i) the then-current www.GivenchyBeauty.com Terms of Use, available at https://www.givenchybeauty.com/us/legal/terms-conditions.html, apply (with any conflicts resolved by application of these Program Terms) and are incorporated herein as part of these Program Terms, and (ii) you consent to our privacy practices as set forth in the then-applicable Givenchy Beauty Privacy Policy, available at https://www.givenchybeauty.com/us/legal/privacy-policy.html. In some instances, both these Program Terms and/or additional terms explained in an offer or promotion setting forth additional or different terms and/or conditions will apply to your Benefits (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Program Terms and any Additional Terms, the Additional Terms will control. Each time you participate in the Program (other than to access and read these Program Terms), you agree to be bound by and comply with then current Program Terms, and any applicable Additional Terms. Do not participate in the Program, and cancel your Program account, if you do not agree to any of these Program Terms. Any previous participation will continue to be governed by the Program Terms, including any applicable Additional Terms, in place at the time of such participation.

1. Eligibility, Accounts and Program Service

(a) Eligibility.

Program membership is open to individuals residing in the 50 United States and the District of Columbia (excluding Puerto Rico, U.S. Virgin Islands, and all other territories and possessions) for personal, non-commercial use at www.GivenchyBeauty.com. You must be eighteen (18) years of age or older to participate in the Program. Limited to one (1) account per natural person. Resellers are excluded from the Program and from receiving Benefits (defined below). If we mistakenly calculate Qualifying Purchases (defined below) for resale purchases, or confer Status (defined below) upon or issue Benefits, we reserve the right to invalidate all of the aforementioned, remove or modify an affected Status, and/or deduct any improperly issued Benefits. If you are found, in our sole discretion, to be a reseller, your Program account may be terminated.

(b) Accounts.

To participate in the Program, you must complete the Program account registration process. You can create an account on www.GivenchyBeauty.com/us. No purchase necessary to create an account. You must provide all required information in order to create your account, including a valid e-mail address and mobile phone number. You acknowledge that Givenchy Beauty may: (i) communicate with you about Program changes, Benefits (defined below) and promotional materials through this e-mail address and to this mobile device as more fully set forth in Section 3; (ii) share your account information with our trusted third party providers in connection with the Program; and (iii) use and share information and data about you as set forth in our Privacy Policy. From time-to-time we may provide you with other ways to access, update and use your account. You agree to keep your account information current, to secure your account credentials and log-in information, and not to let others access or use your account. Givenchy Beauty is not responsible for Status, Qualifying Purchase history, or Benefits that might be removed or deleted from your account for any reason, including security compromise, technical error or otherwise.

(c) Program Service.

(We offer you the ability to participate in the Program through the www.GivenchyBeauty.com/us website (“Website”). The Website may offer you certain features and services that allow you to manage your account. These features and services may include the ability to: (i) check your program status, (ii) access, select and redeem Benefits (defined below) gifts, (iii) update your account information, and (iv) reset your password. Some features of the Program (including the Website and its supported platforms, websites or other services) (collectively, “Program Service”) may change from time-to-time and be discontinued without notice. Use of a feature constitutes your consent to all feature functionality, including data collection and use.

(d) Wireless Features.

The Program Service may offer certain features and services via your wireless device. Features and services may include the ability to access the Program Service’s features, view the Website, upload content to the Program Service, receive messages from the Program Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you use Wireless Features, you agree to notify Givenchy Beauty of any changes to your wireless contact information (including phone number) and update your account to reflect the changes. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.

2. Program Features

Each Program member will belong to a Status based on (i) the total amount a member spends on Qualifying Purchases and/or (ii) how many Qualifying Purchases the member makes. Each Status comes with certain Benefits. Read on for more details. Additional information about the Program, Benefits redemption, and member loyalty history is available on the Website. All time and date calculations for the Program, including the day a purchase is made is based on the Central European Time (CET) zone. CET is 6 hours ahead of US Eastern Time; 7 hours ahead of US Central Time; 9 hours ahead of US Pacific Time.

(a) Status.

The Program has four (4) status tiers (each, a “Status”). Each member belongs to one of these Statuses according to the number of Qualifying Purchases (defined below) made and/or the total amount spent at a Givenchy Beauty within the last twelve (12) months. Members achieve their Status as follows:

Pink Status:

Members who have not made any Qualifying Purchases

Red Status:

Members who have made one 1 Qualifying Purchase for a total amount of less than or equal to $200.00 USD within the last twelve (12) months.

Silver Status:

(i) Members who have made 1 Qualifying Purchase for a total amount that is greater than $200.00 USD, but less than $400.00 USD, within the last twelve (12) months; or (ii) Members who have made 2 or more Qualifying Purchases for a total amount that is less than $400.00 USD.

Black Status:

Members who have made 1 or more Qualifying Purchase for a total amount that is greater than $400.00 USD within the last twelve (12) months.

Once a specific Status has been reached, this Status and the associated benefits are valid for a period of twelve (12) months. To reach a new Status, the “number of Qualifying Purchases” and/or “total amount spent” criteria must be fulfilled based on the status tier definition. Once the twelve (12)-month period has ended, a member’s Status will be recalculated according to the below rules:

Pink Status:

After twelve (12) months from tier assignment, you will remain Pink Status.

Red Status:

After twelve (12) months from Red Status tier assignment, if no valid purchase is made, the member will be downgraded to Pink Status.

Silver Status:

After twelve (12) months from Silver Status tier assignment, if no valid purchase is made, the member will be downgraded to Red Status.

Black Status:

After twelve (12) months from Black Status tier assignment, if no valid purchase is made, the member will be downgraded to Silver Status.

For the avoidance of doubt, a member may remain at the same Status upon recalculation (e.g., a Pink member may remain a Pink member upon recalculation). Members can reach a higher Status at any time by cumulatively fulfilling the “number of Qualifying Purchases” and/or “total amount spent” criteria of the higher Status. If a member reaches a higher Status, a new twelve (12)-month period will begin at this new Status.

(b) Status Benefits.

Each Status gives the member the right to certain benefits as more fully described below (“Benefits”):

Pink Status:

• 1 Pink Status Birthday Gift;
• Exclusive Communication about New Launches;

Red Status:

• 1 Red Status Birthday Gift;
• 1 Red Status Welcome Gift;
• Exclusive Communication about New Launches;

Silver Status:

• 1 Silver Status Birthday Gift;
• 1 Silver Status Welcome Gift;
• 1 additional sample with all qualifying orders;
• Free Ground Shipping with all qualifying orders;
• Exclusive Communication about New Launches;

Black Status:

• 1 Black Status Birthday Gift;
• 1 Black Status Welcome Gift;
• 2 additional samples with all qualifying orders;
• Free Express Shipping with all qualifying orders;
• Exclusive Communication about New Launches;
• Holiday Deluxe Gift;
• One (1) 30min Virtual Beauty Consultation per 12 month period;

Each Status’s Benefits are independent from another Status’s Benefits and are not cumulative. In other words, you do not accumulate benefits when you move from a lower Status to a higher Status.

Givenchy Beauty will email members to notify them of status change. Once a member has been notified that they have reached a new status, Benefit gifts will be available in their cart at checkout. Benefit gifts must be redeemed with a Qualifying Purchase at www.GivenchyBeauty.com. In other words, Member gifts cannot be redeemed individually, they require a Qualifying Purchase to redeem.

Birthday gift can only be redeemed within 7 days prior and 31 days after your birth date in your Member Account. Members may only receive one birthday reward annually.

Holiday Deluxe Gift will be available to redeem with Qualifying Purchase from October 1st to December 31st annually.

Givenchy Beauty cannot guarantee that the Benefit gift will be available.Benefit gifts are subject to availability and are not exchangeable. Any Benefit gifts you have earned will be listed on the Website when you are logged in to your Program account, under the “My Givenchy Society of Beauty” tab. The Benefit gift catalog is updated regularly and Givenchy Beauty reserves the right to substitute a Benefit gift with another Benefit gift of equal or greater value at any time, based on availability.

(c) Qualifying Purchases.

Each of the following types of purchases made at a Givenchy Beauty count towards your Status (each, a “Qualifying Purchase”): (i) fragrance products; (ii) skincare products; and (iii) makeup products; Givenchy Couture purchases are not considered Qualifying Purchases. The amount spent on a Qualifying Purchase is calculated as the total amount actually paid by the member (after all discounts, if any, are applied) for such Qualifying Purchase.

3. Member Communications

(a) E-mail Messages.

You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions. Please note that we reserve the right to send you certain communications relating to your account or use of our Program Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.

4. Termination & Modification

Program membership has an indefinite duration. Members can request to cancel their membership by contacting customer service via the form available at https://www.givenchybeauty.com/us/contactus, or by phone at 929-270-4073. Givenchy Beauty reserves the right, in its sole discretion, to modify, suspend, or terminate the Program and/or any Benefits at any time and for any reason, without any compensation to Program members. Givenchy Beauty cannot and does not guarantee that all members will be notified of such changes to the Program. We may not issue you any Benefits, and you will forfeit all Benefits accrued, if we (a) suspend or terminate your account because of conduct that we determine, in our sole discretion, violates these Program Terms or any applicable law, involves fraud, attempted fraud, theft or attempted theft at a Givenchy Beauty, or misuse of Program membership, or is harmful to our interests or another customer; or (b) modify, suspend, or terminate the Program. We also reserve the right to deny future membership if we deem your conduct to have violated these Program Terms. Our failure to insist upon or enforce your strict compliance with these Program Terms will not constitute a waiver of any of our rights.

5. Limitations

Only one Program membership will be credited for any one Qualifying Purchase. Status and Benefits have no cash value and may not be transferred, assigned or encumbered. Additional restrictions may apply pursuant to any Additional Terms.

Occasionally we may test new products, services or promotions. Some of these tests may have implications on Program members that may vary from the terms as stated here. When different policies or terms apply, we will communicate that to you through Additional Terms or otherwise.

6. LIMITATION OF LIABILITY & DISCLAIMER

IN NO EVENT WILL GIVENCHY BEAUTY, ITS SUBSIDIARIES AND AFFILIATES, ITS FRANCHISEES OR LICENSEES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE PROGRAM, THESE PROGRAM TERMS, OR GIVENCHY BEAUTY’S OPERATION OF THE PROGRAM.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE WEBSITE, PROGRAM SERVICE, BENEFITS, BENEFITS GIFTS, AND CATALOG ITEMS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Givenchy Beauty makes no warranty that the Program, Website and Program Service will be uninterrupted, timely, secure, or error free. Givenchy Beauty is not responsible for: (a) any loss or misdirection of, or delay in receiving, any member application, correspondence, Benefits, or redemption requests, (b) theft or unauthorized redemption of Benefits gifts or use of a Benefits gift; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Program, including, without limitation, any pricing or typographical errors, errors of description, and errors in the crediting or debiting of Status, or Benefits from member accounts. Givenchy Beauty reserves the right to correct, without notice, any errors.

7. Governing Law; Dispute Resolution and Class Action Waiver

All issues and questions concerning the construction, validity, interpretation and enforceability of these Program Terms, or the rights and obligations of you and Givenchy Beauty in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.

In the event of a dispute, the party seeking relief must first send to the other party a written statement with their name, address, contact information, the facts about the dispute, and relief requested (the “Dispute Notice”). Dispute Notices must be addressed to LVMH Fragrance Brands d/b/a Givenchy Beauty, 19 East 57th Street, New York, NY 10022, ATTN: Legal Department. For a period of 60 calendar days after receipt of a Dispute Notice (which can be extended by agreement and during which time any statute of limitations and any filing fee deadlines are tolled), the parties shall attempt to resolve the dispute in good faith. Dispute Notice recipients may demand an informal dispute resolution conference that both parties shall personally attend. Compliance with this paragraph is a condition precedent to initiating arbitration or any other claims action. If the dispute is not resolved within the 60 days, then either party may proceed in accordance with the below.

If disputes are not resolved according to the above, You and Givenchy Beauty agree that all disputes pertaining to the Program or these Program Terms will be resolved through binding arbitration; provided, however, Givenchy Beauty shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over you or Givenchy Beauty. You and Givenchy Beauty also agree that disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND GIVENCHY BEAUTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. You and Givenchy Beauty agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Program shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then you or Givenchy Beauty can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York; provided, however, that you and Givenchy Beauty may mutually agree on an alternative location. The federal or state law that applies to these Program Terms will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York. You and Givenchy Beauty further agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees, and under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. Givenchy Beauty agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs you may incur to attend the arbitration hearing). You and Givenchy Beauty may, notwithstanding this provision, bring qualifying claims in small claims court.

8. General Program Information

The Program and its content, logos, taglines, and trademarks are the intellectual property of Givenchy Beauty; all rights reserved.

These Program Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Program Terms is in the sole discretion and determination of Givenchy Beauty, which in each case you irrevocably agree shall be conclusive.

Taxes may apply to Benefits accrual and/or redemption where required by law.

Collectively, the Program Terms, any applicable Additional Terms, and any terms incorporated into such by reference, constitute our complete agreement with you regarding the Program and supersede all prior agreements, offers or representations, and can only be amended or waived by an authorized officer of Givenchy Beauty.

9. Updates to Program Terms

These Program Terms (or if applicable Additional Terms) shall govern the Program as it applies to you from time-to-time. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE PROGRAM TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. YOU UNDERSTAND AND AGREE THAT EACH TIME YOU SIGN IN TO YOUR PROGRAM ACCOUNT, OR OTHERWISE USE THE PROGRAM, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED PROGRAM MEMBERSHIP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Program Terms, and any applicable Additional Terms, each time you use the Program. Any new Program Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Program Terms, and any applicable Additional Terms, that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the Website and the e-mail you associated with your account, for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by terminating your Program membership as set forth in Section 4 and continued membership constitutes acceptance.