National Kindness Day 2024 (“Event”) App Promotion Terms and Conditions

1. The Promotion: These terms and conditions (“Terms”) apply to National Kindness Day 2024 (“Promotion”). By taking part in the Promotion, you agree to be bound by these Terms. It is a condition of participation in the Promotion that all Terms are accepted as final.

2. The Promoter: This Promotion is organised by LUSH LTD, a company registered in England and Wales, with registered company number 02940032 at registered office address 29 High Street, Poole, Dorset, BH15 1AB (“LUSH”, “us”, “our” or “the Promoter”).

3. Accepting the Terms and Conditions: By participating in this Promotion through the LUSH app (the “App”), you also agree to be bound by the terms and conditions on the App. If there is a conflict between these Terms and any of the other terms and conditions mentioned above, these Terms will take priority. 

4. In the event of any dispute regarding the Terms or the conduct of this Promotion, the decision of LUSH shall be final, and no correspondence or discussion shall be entered into.

5. Your attention is drawn in particular to the limitations of liability contained in these Terms.

6. Promotional Period: This Promotion runs on 13th November 2024 for customers making a qualifying purchase through the App, while stocks last (available for the first 2,000 app purchasers).

7. Eligible Participants: This Promotion is open to members of the public, who are at least 18 years of age, which does not include:

(a) employees of the Promoter or its holding or subsidiary companies

(b) employees of agents or suppliers of the Promoter or its holding or subsidiary companies, who are professionally connected with the promotion or its administration; or

(c) members of the immediate families or households of (a) and (b) above 

8. How to Participate: App users who make a purchase of any value (excluding  purchase of a gift card or a Lush Delivery Pass) during the Promotion Period through the App will be entitled to one (1) BathBear Bath Bomb, randomly selected from either Candy Bear https://www.lush.com/uk/en/p/candy-bear-bath-bomb-kindness 100g or Violet Bear https://www.lush.com/uk/en/p/violet-bear-bath-bomb-kindness 100g (“Complimentary Product”). The Complimentary Product will be included in your order when it is dispatched (please note it may not display in your basket on order).

9. Other Promotions: This Promotion is not valid in conjunction with any other online or in store offer or promotion unless stated.

10. Complimentary Product Limit: A limit of one (1) Complimentary Product per Participant applies to this Promotion.

11. There is no cash alternative to the Complimentary Product. The Complimentary Product is not exchangeable for cash or for any other LUSH product or any LUSH gift card.

12. Returns: Returns of the Complimentary Product (regardless of condition) will not result in a refund or payment to you of any sort.

13. Your Legal Rights: Nothing in these Terms shall affect any participant’s legal rights including all rights in respect of refunds or replacements for products which are faulty, not fit for purpose or not as described.

14. Subject to Availability: This Promotion is subject to stock availability. Whilst reasonable efforts have been made to ensure sufficient stocks are available to meet likely demand, LUSH reserves the right to suspend or end the Promotion early without notice, if, in the opinion of LUSH, there is not sufficient stock to continue operating the Promotion.

15. Unclaimed Complimentary Product: If there are unclaimed Complimentary Products when this Promotion closes, those Complimentary Products will remain the property of LUSH and LUSH may dispose of them as it sees fit, this may include offering the Complimentary Products for sale in the normal way.

16. LUSH reserves the right to cancel the Promotion or amend the Terms without notice in the event there is any actual or anticipated breach of any applicable law or regulation or any other event outside LUSH’s reasonable control. 

17. LUSH reserves the right to not award a Complimentary Product or disqualify a participant if there are reasonable ground to believe that any person is not eligible for any reason or for any other lawful reason, including failure to comply with these Terms. 

18. Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and/or civil laws and, should such an attempt be made, LUSH reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

19. Limitation of Liability:

(a) Subject to clause 20(b), LUSH and its group companies accept no responsibility for any damage, loss, injury or disappointment suffered by any person as a result of their participation in this Promotion, their attempted participation or their acceptance of any product.

(b) Nothing in these Terms shall exclude LUSH’s liability for death or personal injury as a result of its negligence, or for fraud or fraudulent misrepresentation, or for any other liability which may not be lawfully limited or excluded under English law.

(c) By participating or attempting to participate in this Promotion, participants agree that LUSH shall not bear any liability for: the loss, theft or misuse of any product; or any damage in any way attributable to this Promotion or the attempted participation in this Promotion, subject to clause 20(b).

20. No Waiver: Any failure on any occasion by LUSH to enforce a Term is not a waiver of that Term.

21. Governing Law and Jurisdiction: This Promotion and these Terms will be governed by English Law and, subject to any right you may have as a consumer to select jurisdiction, any disputes will be subject to the jurisdiction of the Courts of England and Wales. This Promotion and any location on which these Terms are posted are only intended to be accessed from England. LUSH does not make any representation that materials relating to this Promotion are appropriate or available for use at other locations. Access to them from territories where their contents are illegal is strictly prohibited. If you view these Terms from other territories, you are responsible for compliance with all local laws.

22. How to contact LUSH: LUSH can be contacted in relation to this promotion by contacting LUSH UK Customer Care at: [email protected]