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Proudly Canadian Made

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 

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

    THE AGREEMENT 

    a. Sign Up: FOL Applicant must sign up for FRIENDS OF LUSH 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 social media platform (e.g., Instagram, Facebook, YouTube, TikTok, Pinterest), within 30 days of receiving any reward, gift card or other initiative or reward from LUSH. Should you receive a 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 FOL Applicant must acknowledge that they are liable for, and pay, the full retail cost of the reward/products/voucher. You can also take part in as many tasks and challenges as you please to level up in the program.

    c. Compliance with Legal and other FRIENDS OF LUSH Program Requirements: All posts must meet the following requirements:

    • The Lush FTC Compliance confirmation and the Federal Trade Commission's (the "FTC") Guides Concerning Endorsements and Testimonials ("Endorsement Guides"), located here: https://www.ecfr.gov/current/title-16/chapter-I/subchapter-B/part-255. Without limitation, You must clearly and conspicuously disclose your "material connection" with us, making it clear that you are an FOL Applicant and have received a reward, gift card or other initiative or reward from LUSH. You must place the disclosure in plain sight in close proximity to any audio or visual communications that you make about us, our brands, and our products and it must be unavoidable. You may not bury the disclosure in a link or place the disclosure in a string of hashtags or other disclosures. We require this disclosure regardless of any space limitations of the platform.
    • Your posts must:
    • comply with the rules of the applicable social media platforms.
    • comply with our FOL Program Brand Policy and any other policies we provide you.
    • comply with all applicable laws, rules, and regulations.

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

    e. Monitoring Posts: You understand that we will be monitoring your social media posts for compliance with this Agreement. We have the right to address noncompliant posts by any taking any of the following actions alone or in combination:

    • Requiring you to fix the Post.
    • Asking you to return any product or reward received from LUSH.
    • Asking you to refund the full retail cost of the reward/products/voucher received from LUSH.
    • Terminating this Agreement for a material breach.

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

    g. How can I or Lush end this agreement? You can leave the FRIENDS OF LUSH Program at any time by deleting your FRIENDS OF LUSH Program 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 it. We may terminate this agreement immediately at any time without liability. LUSH may terminate this Agreement or the FRIENDS OF LUSH Program at any time in its sole discretion upon written notice to you.

    h. Our use of your content uploaded to this programme: You hereby 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 (collectively “Your Information”) 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, advertising and other business purposes. 

    i. 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 and Your Information. 

    j. 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. 

    k. 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.

    l. By making Your Images available to us on the terms set out in these terms and conditions you represent and warrant that: 

    (i) 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; 

    (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 use of the Images and you agree to indemnify and hold LUSH harmless against any such losses or damage.

    (iv) LUSH has the right to disclose your identity to any third party who claims that Your Images infringe their rights. 

    m. 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)). 

    n. 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. 

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

    p. How will your personal data be processed?: You consent to LUSH processing of all personal information you provide and consent to LUSH’s use and disclosure of that personal information in connection with the use of Your Images and Your Information as described above. Your personal information may be transferred to or accessible from outside the United States, 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/us/en_us/faq/usa-privacy-policy), and any applicable data protection laws and regulations. 

    q. Confidentiality: You understand that you may be exposed to information about LUSH's products, advertising campaign, marketing/brand strategies and ideas that may not have been disclosed to the public (collectively, the "Confidential Information"). You agree to maintain the confidentiality of all Confidential Information disclosed to you (or which otherwise becomes available to you) in connection with the FOL Program and will hold all Confidential Information in strict confidence. You further agree to refrain from disclosing or using Confidential Information for any purpose other than participating in the FOL Program. The obligation to maintain the confidentiality of Confidential Information shall survive termination and continue for 3 years.

    r. Lush Liability is Limited: You will not hold LUSH, or any person acting on LUSH behalf, responsible for any claims or demands in connection with the use of Your Images in accordance with this agreement. To the maximum extent permitted by applicable law, You expressly agree that participation in the FRIENDS OF LUSH Program is at Your sole risk. You further agree that Lush Ltd. and its affiliates shall not be liable to You or anyone else for any loss or injury or any indirect, incidental, consequential or special damages arising out of participation in the FRIENDS OF LUSH Program, including participation in any FRIENDS OF LUSH Program-related activity, creation of social media posts and Your Images, redemption or use of any reward/products/voucher, or arising out of any action taken in response to or as a result of any information available through the FRIENDS OF LUSH Program. YOU hereby waive any and all of the above claims against the Lush Ltd., its affiliates and their respective employees, contractors, agents, representatives or licensors (the “Released Parties”) arising out of, or in connection with, Your participation in the FRIENDS OF LUSH Program. YOU UNDERSTAND AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, PROVINCE OR OTHER JURISDICTION IN THE TERRITORY ARE HEREBY EXPRESSLY WAIVED BY YOU. SECTION 1542 READS AS FOLLOWS:

    “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

    s.  No partnership or other relationship: You are not an agent or employee of Lush. The relationship of the parties is that of independent contractors. 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. 

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

    u. Modification: Lush Ltd. reserves the right to modify or terminate these terms and conditions, the FRIENDS OF LUSH Program, or any element or feature thereof, at any time, for any reason. We will notify You of material changes to these terms and conditions or the FRIENDS OF LUSH Program by email to the address then associated with your FRIENDS OF LUSH Program account or by other means as may be permitted or required by applicable law.

    v.  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 the consumer's residence. Both parties irrevocably submit to the exclusive jurisdiction of such courts.

    w.  Miscellaneous: In our sole discretion, we may assign these terms and conditions in whole or in part, without notice to you. You may not assign these terms and conditions without our prior written consent. If any provision(s) of these terns and conditions is held to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Lush Ltd. in writing. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms will not be construed against Posh Peanut by virtue of Lush Ltd. having drafted these Terms.

    Homepage - Welcome to FRIENDS OF LUSH!