TRICK OR TREAT PROMOTION TERMS AND CONDITIONS
1. Introduction (when does this Promotion run from?)
These terms and conditions (the “Terms”) apply to the ‘Trick or Treat – LUSH app Sales Promotion’ running from 10:00am AEST on 27th October 2023 and 11:59pm on 31st October 2023 (the “Promotion Period”) available on the LUSH mobile application (the “App”).
2. Who is the Promoter?
LUSH AUSTRALASIA RETAIL PTY. LIMITED a company registered in NSW with ABN 24 077 737 663 whose registered office is at 74/76 Biloela St, Villawood NSW 2163 (the “Promoter”).
3. What is the “Trick or Treat LUSH App” Promotion?
Each product order made by a customer through the Lush App during the Promotion Period will be receive a “Treat” with their order* (the “Promotion”).
*Please note that purchasing e-gift cards and the LUSH Delivery Pass does not count as purchase of products and will therefore not be eligible for participation in the Promotion.
4. What is the “Treat” and how many are available?
4.1. There are 200 “Treats” available each day of the Promotion Period.
4.2. The “Treats” will be allocated to each order made in the App. There is one (1) “Treat” per eligible customer order.
4.2. Customers cannot choose which “Treat” they will receive, but if their order is eligible, it will be one of the following products:
- Bat Art Bamb Bomb
- Pumpkin Crumble Bubble Bar
- Candy Corn Lip Scrub
- Wednesdays Child is Full of Woe Lipscrub
- Pumpkin Sheetmask
4.3. A “Treat” cannot be exchanged and there is no cash alternative for a “Treat”.
5. How do I participate in the Promotion?
5.1. To participate in the Promotion, participants must place an order on the LUSH app during the Promotion Period.
5.2. When your order arrives, you will find a note in your order along with your “Treat” explaining what you have received.
5.3. Participants who make purchases outside the Promotion Period will not be eligible to participate in this Promotion.
5.4. The Promoter will not accept responsibility for orders that are lost, regardless of cause, including, for example as a result of any equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind.
5.4. Receipt of a “Treat” will not incur you additional delivery costs.
5.5 The Promotion is whilst stocks last and subject to availability.
5.6. The participant shall not, while using the “Treat” display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing, or content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights).
5.7. By participating in the Promotion, all participants will be deemed to have read, accepted and be bound by these Terms and any other requirements set out in the promotional material for the Promotion (in the event of a conflict, the requirements set out in the promotional material will take precedence), as well as all applicable laws and regulations, including without limitation those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
5.8. For help with participating in the Promotion, please contact Customer Care here
6. Who is eligible to participate?
6.1. The promotion is only available to customers purchasing from Australia on the LUSH mobile app aged 18 years or over.
6.2. Sorry, you are not eligible to participate in the promotion if you are:
(a) employees of the Promoter and its associated companies or group companies;
(b) anyone professionally associated with the Promotion; or
(c) members of the immediate families or households of (a) and (b) above.
6.3. The Promoter reserves the right at its sole discretion to disqualify from further participation in the Promotion any individual it has reason to believe is tampering with the operation of the Promotion, or to be acting in any manner deemed by the Promoter to be in violation of these Terms, relevant laws and/or regulations and/or third party rights.
7. Limitation of Liability
7.1. The Promoter is not responsible for any damage or loss suffered by any participant where such damage or loss was not, at the time the entry into the Promotion was made, a reasonably foreseeable consequence of a breach of these Terms, or where the Promotion does not run as planned.
7.2. The Promoter will not be held responsible for the failure to fulfil the obligations of third parties involved in this Promotion, although the Promoter will always endeavour to minimise the effect to the participants of any such failure.
7.3. Nothing in these Terms shall operate to exclude the Promoter’s liability:
(a) for death or personal injury as a result of its negligence;
(b) for fraud; or
(c) further than is permitted by law.
8. Data Protection and Publicity
9.1. The Promoter reserves the right to hold void, suspend, cancel, or amend the Promotion where it becomes necessary to do so without prior notice.
9.2. The Promoter reserves the right to cancel or amend these Terms at any time without prior notice.
9.3. These Terms shall be governed by the laws of Australia, and the parties submit to the exclusive jurisdiction of the courts of NSW