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 FRIENDS OF LUSH program 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 at 29 High Street, Poole, Dorset, BH15 1AB (“We” / “Us”)

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

THE AGREEMENT 

1. Program Entry 

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

Posting 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 initiative from LUSH (the “Reward”). Should you receive a Reward from the Program and not meet the required task requirements to share the Reward on a platform listed above within 30 days of receipt, the Reward must be returned, or FRIEND OF LUSH Applicant must acknowledge that they are liable for the full retail cost of the Reward. 

Payment: You will not receive any monetary payment from LUSH for your involvement with FRIENDS OF LUSH, unless you participate in the use of affiliate links. The use of affiliate links as part of FRIENDS OF LUSH may result in you earning commission as described in “Commission Payments – What do I need to know”. The use of affiliate links in FRIENDS OF LUSH is not a requirement for participation.

Multiple Tasks: You can take part in as many tasks and challenges as you please to level up in the Program. 

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

• TikTok: @lushnorthamerica
• YouTube: @LUSH;
• Instagram: @lushcosmetics
• Pinterest: @lushnorthamerica
• Friends of LUSH hashtags: #FRIENDSOFLUSH #LUSHCLUB #LUSHCOSMETICS #AD #SPONSOREDBYLUSH 

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 items set out in this agreement, or is otherwise terminated in accordance with clause (f). 

Termination: You can leave the Program at any time by deleting your account. 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 them. We may terminate this agreement for convenience, immediately and at any time.

1. Our Rights

1. You grant to LUSH Ltd and its affiliates, group companies and/or related entities (collectively “LUSH”) 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 have 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, stores for our marketing and/or advertising. 
2. You grant LUSH the right to use your username, real name, image, likeness or other identifying information in connection with any use of Your Images. 
3. 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. 
4. 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.

1. Your Representations and Warranties

By participating in the FRIENDS OF LUSH Program, you represent and warrant that:

1. you own all the rights in Your Images and/or that you have obtained any necessary permission from any person(s) featured in Your Images to grant the rights herein; 
2. you and all other person(s) appearing in Your Images are not under 18;
3. 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; 
4. LUSH shall not be liable for any losses or damages of any kind resulting from LUSH use of Your Images and you agree to indemnify and hold LUSH harmless against any such losses or damage.
5. LUSH has the right to disclose your identity to any third party who claims that Your Images infringe their rights. 
6. Your Images are truthful and accurate and they do not misleadingly exaggerate the effect that 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)), pursuant to the Canadian Competition Act. 

1. Intellectual Property 

1. You grant LUSH a non-exclusive, non-transferable, non-sublicensable right and license to use Your Images for promotional purposes and purposes related to the Program. 
2. 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. LUSH will not be liable for any claim or action where Your Images are used by third parties or subject to “viral” communication. 

1. Privacy 

You consent to LUSH processing all personal information you provide to LUSH, and agree with LUSH 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 the EEA, 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 these Terms and Conditions,  the LUSH Privacy Policy (https://www.lush.com/ca/en_ca/faq/ca-privacy-policy ), and any applicable data protection laws and regulations, including the Canadian Personal Information Protection and Electronic Documents Act. 

1. General

Indemnification: You agree to defend, indemnify, and hold harmless LUSH, or any person acting on LUSH’s behalf, from and against all claims of third parties brought against, and all Losses, incurred by LUSH arising from involvement in the Program.  

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-venture, employee or representative of the other. 

Taxes: You are responsible for remitting your own income taxes and any other personal tax liability arising from the Program.

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