Welcome to FRIENDS OF LUSH!

This is a collaboration between you and LUSH Ltd – Please read and sign the contract below in order to complete your programme signup.

Agreement between FRIENDS OF LUSH Applicant and LUSH Ltd

THE PARTIES

LUSH Ltd, a company registered in England and Wales, with registered company number 02940032, whose registered office is at 29 High Street, Poole, Dorset, BH15 1AB (“We” / “Us” / "LUSH")

Name of Applicant as per profile & signed below, (“FRIENDS OF LUSH Applicant” / “You” / “Your”).

THE AGREEMENT

a. Sign Up: FRIENDS OF LUSH Applicant must sign up for FRIENDS OF LUSH Program ("Program") and participate in required tasks to be able to receive rewards, gift cards, and have the chance to be involved in other LUSH initiatives.

b. Program Requirement: You are required to post at least once on Your preferred platform (e.g. Instagram, Facebook, YouTube, TikTok, Pinterest etc.), within 30 days of receiving any reward, gift card or other incentive or reward from LUSH. Should you receive a product or reward from the Program and not meet the required task requirements to share this reward to your socials within 30 days of receipt, the product or reward must be returned, or FRIENDS OF LUSH Applicant acknowledges and agrees that they are liable for the full retail cost of the reward/products/voucher.

c. You can also take part in as many tasks and challenges as you please to level up through tiers in the Program.

d. Social Platforms: All social media posts must include the tagging of Official LUSH account and use all hashtags as detailed below:

TikTok: @lush_australia
YouTube: @LushAUNZ
Instagram: @lush_ausnz
Pinterest: @lushausnz
Friends of LUSH hashtags: #FRIENDSOFLUSH #LUSHCLUB #LUSHCOSMETICS

e. What is the term? This Agreement shall commence on the date you sign up for the Program and shall remain in force until FRIENDS OF LUSH Applicant completes all tasks set out in this Agreement, including the related Program documentation, or is otherwise terminated per clause (f).

f. How can I end this Agreement? Either party may terminate this Agreement immediately by written notice if the other party (i) commits an irremediable material breach of this Agreement; or (ii) commits a material breach of this Agreement which is capable of remedy and fails to remedy such breach within thirty (30) days after receiving written request to do so specifying details of the breach complained of; or (iii) becomes insolvent or if any insolvency proceedings are commenced against it. Regardless of the foregoing, we may terminate this Agreement immediately at any time without liability. You can leave the Program at any time by deleting your account.

g. Our use of your content uploaded to this Program: You hereby grant to LUSH and its affiliates, group companies and/or related entities a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, freely transferable right to use (i) your video(s), photo(s), images and/or other content which has been posted via the FRIENDS OF LUSH Program (“Your Images”), together with (ii) your social media handle, social media user name, profile picture, caption and location information you may have included in your content in all formats and media, including but not limited to on our webpages and social media pages, retailer sites, third party sites and stores for our marketing and/or advertising.

h. Our rights: LUSH has the right to use your username, real name, image, likeness or other identifying information in connection with any use of Your Images.

i. LUSH may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit Your Images for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever and without obligation to attribute them to you as the original author or source. In this regard, You consent to the doing or omitting to do any act in relation to Your Images that would otherwise infringe Your moral rights.

j. You acknowledge that LUSH may, in its sole discretion and without liability, refuse to use Your Images or remove Your Images at any time, at its absolute discretion, and without notice.

k. By making Your Images available to us on the terms set out in this Agreement you represent and warrant that:

(i) you own all the rights in Your Images and/or that you have obtained any necessary permissions from any person(s) featured in Your Images to grant the rights herein;

(ii) you and all other person(s) appearing in Your Images are not under 18;

(iii) LUSH’s use of Your Images will not violate any applicable law or infringe the rights of privacy, publicity or other intellectual property or other rights of any third parties;

(iv) LUSH shall not be liable for any losses or damages of any kind resulting from LUSH's use of Your Images and you agree to indemnify and hold LUSH harmless against any such losses or damage;

(v) LUSH has the right to disclose your identity to any third party who claims that Your Images infringes their rights;

(vi) you will comply with all applicable codes and guidelines published by the Australian Association of National Advertisers ("AANA"), including but not limited to the AANA Code of Ethics;

(vii) you will, at all times during the term of this Agreement, act in a manner which reflects favourably upon the image of LUSH;

(viii) you will remove and/or modify Your Images upon request by LUSH at any time; and

(ix) you will act in good faith towards LUSH in relation to the subject matter of this Agreement.

l. You warrant that Your Images are truthful and accurate and that they do not misleadingly exaggerate the effect any LUSH product(s) are capable of achieving (whether through pre-production techniques (including lash inserts, hair extensions etc) or post-production techniques (including filtering, retouching or editing etc)).

m. You understand and agree that Your Images may be used by third parties outside our control, for example they may be subject to “viral” communication (word-of-mouth communication) on third party websites with or without credit to you and that where Your Images are used by third parties or subject to “viral” communication that LUSH will not be liable for any claim or action in this regard.

n. You acknowledge and agree that you will not receive any payment from LUSH for the use of Your Images.

o. How will your personal data be processed?: You consent to LUSH processing all personal information you provide and agree with LUSH’s use and disclosure of that personal information in connection with the use of Your Images as described above. Your personal information may be transferred to or accessible from outside Australia, and may be shared with affiliates or other trusted third parties working on LUSH’s behalf. By posting Your Images or otherwise providing LUSH with personal information, you agree to such collection, use, disclosure, transfer and processing of your information in accordance with this Agreement, LUSH's Privacy Policy (https://www.lush.com/au/en/faq/au-en-privacy-policy), and any applicable data protection laws and regulations.

p. You will not hold LUSH, or any person acting on LUSH's behalf, responsible for any claims or demands in connection with the use of Your Images in accordance with this Agreement.

q. No partnership or other relationship: This Agreement is not intended to and shall not be construed to create any permanent partnership between You and Us or to constitute either party as an agent, partner, joint-venturer, employee or representative of the other.

q. Taxes: You are responsible for your own income tax payments and any other personal tax liability arising from your participation in this Program.

r. Governing law and jurisdiction: This Agreement shall be governed by and interpreted in accordance with English law. Any disputes arising out of or in connection with this Agreement, shall be resolved by the courts located in the jurisdiction of FRIENDS OF LUSH Applicant's residence. Both parties irrevocably submit to the exclusive jurisdiction of such courts.