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LUSH Valentine’s Day Sample Card Promotion (“Promotion”)

    OFFICIAL RULES

    1. NO PURCHASE NECESSARY TO ENTER OR WIN.

    2. HOW TO ENTER: Beginning on 8th February 2025 at 10:01am EST through 13th February 2025 at 11:59pm EST (the “Promotion Period”), entrants must complete the following steps to enter:

    (a) receive a free sample card from the Lush street team at designated locations within Dallas, TX (North Park), Tyson, VA (Tyson Center) or Scottsdale, AZ (Scottsdale Fashion Square);

    (b) scan the QR code on the back of the sample card which will link to the Promotion entry page on the www.lush.com website;

    (c) provide their name and email address where indicated on the Promotion pages on the www.lush.com website to enter the Promotion.

    An entrant may enter only once. Sample cards available only while supplies last. Entrants may also enter by visiting [https://mq0fkqow8km.typeform.com/lushvalentines].

    3. ELIGIBILITY: Open to residents of the 50 United States who are at least the age of majority in their place of residence as of the date of entry, except for employees of Lush USA Inc. (“Sponsor”), or its aliates, subsidiaries, and agencies (together with Sponsor, the “Promotion Parties”), and members of their immediate

    family or persons living in the same household. Void where prohibited.

    4. DRAWING: A random draw will be conducted on or about 18th February 2025 by Sponsor to select the winners from among all eligible entries received. Winners will be notified via email.

    5. PRIZES: four (4) winners will be drawn at random to win the four (4) Lush Gift Cards of USD $500 each to be won as a prize valued at USD $500.00 each. Total prize value: USD $2000.00. Limit one prize per person. Use of the Gift Card is subject to the Gift Card terms and conditions. No substitution or transfer of prize permitted by the winner. No cash or other prize substitution will be permitted except at Sponsor’s sole discretion. The prize is nontransferable. Sponsor reserves the right to substitute a prize of equal or greater value. If a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate draws will be held. Any unclaimed prizes after 30 days and the prizes of disqualied winners will remain un-awarded.

    6. CLAIMING THE PRIZES: Winners will be notified by email on or around 20th February 2025. A winner may claim their prize subject to the following:

    (a) all winners must sign and return an Adavit of Eligibility and Release in the form provided by Sponsor within 5 working days of request or such other date set by Sponsor;

    (b) all income taxes, where applicable, resulting from acceptance of prize are the responsibility of the winner;

    (c) by entering this Promotion, an entrant accepts and agrees to these Ocial Rules and the decisions of the Sponsor, which shall be nal in all matters. Acceptance of a prize also constitutes permission to the Promotion Parties to use winner’s name for marketing purposes without further compensation or right of approval, unless prohibited by law. All applicable federal, state, provincial and territorial laws apply;

    (d) if a winner does not claim their prize within 30 days, they will forfeit their prize. Provided a winner complies with Clauses 6 (a) - (d), a winner will receive an e-gift card via email which can be redeemed in-store, online, and on the Lush app.

    7. LIMITATION OF LIABILITY: By entering this Promotion, entrants waive all right to, and hold the Promotion Parties harmless from, any claim, liability, loss, damage (including punitive, incidental, and consequential damages), or expense (including legal/attorneys’ fees) arising out of or in connection with participation in this Promotion or the acceptance, use, or misuse of any prize. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY. Promotion Parties will not be responsible for: late, incomplete, or incorrect entries; an entrant’s failure to receive prize notices due to entrant’s spam, junk e-mail, or other security settings or for entrants’ provision of incorrect or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Promotion; by any human error which may occur in the processing of the entries in this Promotion or any typographical,

    technological, or other error in the publishing of the oer, administration of the Promotion, or announcement of the prizes. If, in the Sponsor’s opinion, there is such an error, or there is any suspected evidence of tampering with any portion of the Promotion or if technical diculties (including viruses and bugs) compromise the integrity of the Promotion, Sponsor reserves the right to cancel or modify this Promotion in a manner deemed appropriate by the Sponsor. In the event of 2 termination, winners will be selected from among all eligible entries received as of the date of termination. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name on the online entry form. ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED BY ENTRANT. 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.” IN THE EVENT THAT THE PRECEDING RELEASE IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR VOID FOR ANY REASON, THE ENTRANT AGREES THAT, BY ENTERING THE PROMOTION, (I) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE PROMOTION, OR ANY PRIZES AWARDED, SHALL BE RESOLVED INDIVIDUALLY WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (II) ANY CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THE PROMOTION BUT IN NO EVENT ATTORNEYS’ FEES; AND (III) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED AND ANY OTHER DAMAGES, OTHER THAN DAMAGES FOR ACTUAL OUT-OF-POCKET EXPENSES. ANY CLAIM OR DISPUTE AGAINST THE PROMOTION PARTIES WITH RESPECT TO THE DRAWING MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES.

    8. CHOICE OF LAW AND FORUM: Any and all disputes that cannot be resolved between the parties within thirty (30) days of the date of the commencement of negotiations between the parties and causes of action arising out of connected with this Promotion, will be resolved through non-binding mediation. The parties shall select a neutral third party each to administer the mediation. The mediation will be conducted in accordance with the American Arbitration Association Rules addressing mediation. If the dispute is not resolved through medication within a reasonable time period, not to exceed sixty (60) days, as hereinabove provided or otherwise by agreement, the dispute shall be nally settled by binding arbitration. The Arbitration will be conducted expeditiously in accordance with the American Arbitration Commercial Arbitration Rules at a mutually agreeable location. Any award rendered in arbitration shall be 3 limited to those remedies available to any appropriate court of competent jurisdiction in the State of New York, exclusively, and subject to the laws of the State of New York. The award rendered through arbitration shall be nal and binding upon the parties and judgment thereon may be entered in any court of competent jurisdiction for execution.

    9. PROMOTIONAL COMMUNICATIONS: By entering the Promotion, the entrant agrees to receive email marketing periodically from Sponsor. An entrant can opt-out of receiving these communications at any time by clicking the unsubscribe link in the emails.

    10. PRIVACY: Information submitted with an entry is subject to the Privacy Policy stated on the URL below. The Privacy Policy can be accessed at https://www.lush.com/us/en_us/faq/usa-privacy-policy (for US residents).

    11. SPONSOR: Lush Handmade Cosmetics LLC, 8680 Cambie St, Vancouver, BC V6P6M9

    12. CONTACT: [email protected]

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