Privacy & Legal Notices
Collection of Personal Information
Information you provide. We may obtain information that you provide directly to us through the Services when, for example, you create an account, submit an order, look up nearby restaurants, make a reservation, download one of our apps, sign up for special offers, fill out a contact form, submit an order for a gift card, apply for a job, log in to a WiFi network in one of our restaurants, or otherwise interact with the Services. The information we obtain may include personal information, which is information that can be used to identify you individually, such as your name, address, email address, phone number, date of birth, company affiliation, payment information, or geolocation.
Information collected automatically. We also may collect certain information about you automatically using various tools and technologies such as cookies and web server logs whenever you interact with the Services. Information collected in this manner may include IP addresses, device identifiers, device model, device carrier information, software version, browser characteristics, operating system details, language preferences, referring URLs, length of visits, MAC address and pages viewed.
A cookie is a piece of data that a website can send to your browser, which may then be stored on your hard drive as an anonymous tag that identifies your computer. Many web browsers are set to accept cookies by default, but you may be able to set your browser to notify you before you receive a cookie or to remove or reject cookies. Please note that if you disable cookies, you may not be able to use certain features of the Sites or other websites, and disabling cookies may invalidate opt-outs that rely on cookies to function.
We may combine certain automatically-collected information with other information we obtain about you, which may include data we obtain from third parties.
Please note that we or third parties may collect personal information about your online activities over time and across different devices and online properties when you use the Services.
Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, the Sites are not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit www.allaboutdnt.com.
Information collected through the Apps. Depending on your personal device and App permission settings, when using the Apps, we may collect or have access to the following types of information:
- Precise geolocation. When enabled, this may allow the Apps to collect real-time information about the location of your device (GPS and network-based) to provide requested location services and to serve you relevant offers or promotions.
- Stored information and files. These may allow the Apps to read, modify, or delete the contents of your USB storage including photographs, audio and video clips, personal contacts, and address book information.
- Camera. This may allow the Apps to access the camera to scan and input payment method details.
- WiFi connection information. When enabled, this may allow the Apps to view WiFi connections.
- Other. The Apps will send and receive data to and from the Internet, and may view network connections, have full network access, control vibration of your device, or prevent your device from sleeping.
We will store personal information we obtain through the Apps for no longer than is necessary to achieve the purposes for which the information was collected, or as otherwise required or permitted under applicable law.
Information collected from job applicants. Personal information may be collected from you if you apply to work for us, attend a recruitment event, or otherwise participate in the BBI recruitment process. Your personal information may be submitted through or processed by our service providers, who share your information with us. For example, if you choose to import personal information about yourself from other websites (such as LinkedIn) or use a chatbot to ask recruitment-related queries, send communications, or schedule interviews, your information may be processed by one or more of our service providers. We may also collect personal information from our service providers, including via referrals, recruitment agencies, and background screening providers.
As part of your application, you may provide sensitive personal information (for example, information relating to your gender, race or ethnic origin, physical or mental health, or criminal records). If you do provide sensitive personal information, you do so voluntarily and agree that such information may be used as described in this Policy.
Note that if your application is unsuccessful, BBI may still retain and use the information you provided to us for a reasonable period of time to handle issues that may arise in connection with your application, to contact you regarding other employment opportunities, and for BBI’s legitimate business purposes.
Use of Personal Information
We may use personal information we collect through the Services for:
- Facilitating and personalizing your user experience;
- Responding to your requests, inquiries, or job applications;
- Processing your transactions;
- Communicating or marketing to you;
- Conducting contests and processing prizes;
- Assessing your job application, including to manage your profile in our recruitment system, perform pre-screening checks, send transactional SMS messages about the status of your application, and conduct interviews;
- Monitoring and analyzing trends, usage, and activities of users of the Services;
- Improving the Services (e.g. bug fixes and repairing app crashes);
- Complying with applicable laws, regulations, or legal process as well as industry standards and our company policies;
- Preventing, investigating, identifying, or taking any other action with regard to any suspected or actual fraudulent or illegal activity, or activity that violates our policies; or
- Any other purpose, with your consent.
We or our service providers may create de-identified information records from your personal information by excluding certain information that makes the information personally identifiable to you. This de-identified information may be used to analyze request patterns or usage patterns to enhance our or our service providers' products and services.
Sharing of Personal Information
Additionally, BBI may disclose personal information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of BBI’s rules for use of the Services, or to protect and defend the rights or property of BBI.
Analytics and Advertising
We may use third-party technology to collect and use data in connection with interest-based advertising. These ad technology companies and advertisers may use, store, or access cookies, web beacons, and other storage technologies to collect or receive information from the Services and elsewhere on the Internet and use that information to provide advertising services to us, including interest-based advertising or advertisements targeted to your interests delivered over time and across online services and devices.
We may use certain web analytics services, for example, Google Analytics, to help us understand and analyze how visitors use the Services and to serve ads on our behalf across the Internet. We have implemented Google Analytics Advertising Features such as remarketing with analytics, interest-based advertising, demographics and interests reporting, user segment analysis, and impression reporting. We and third-party vendors, such as Facebook and Google, may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to deliver advertisements, create a profile of you, measure your interests, detect your demographics, detect your location, personalize content, or create an account for management of our customer loyalty program.
You may be able to opt out of certain interest-based advertising using the settings on your browser or mobile device. In addition, the following services or organizations offer tools that you can use to limit or opt out of interest-based advertising:
- Facebook: To change how Facebook can use your data, included in relation to targeted advertising, by log in to your Facebook account and change your privacy or advertising settings as per Facebook’s opt-out instructions.
- Google: For more information on how Google Analytics uses data collected through the Services, visit www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit adssettings.google.com and tools.google.com/dlpage/gaoptout.
- LiveRamp: You can learn how to opt out of the use of your personal information by LiveRamp at optout.liveramp.com/opt_out.
- Industry organizations: To opt out of interest-based advertising from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit youradchoices.com/control and optout.networkadvertising.org.
Your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable interest-based advertising for those browsers and devices. If you opt out, you will still receive ads, but they may not be as relevant to you and your interests. Please note that we do not control how other parties manage their opt-out processes.
Certain features of the Services may permit you to initiate interactions between the Services and other parties, such as social networks (for example, to log in to a restaurant’s WiFi network or invite friends to log-in to Dine Rewards). Using these features may allow both BBI and the other service to access certain information about your use of our Services and theirs, including personal information. You should review the terms, policies, and settings of those third-party services to learn more about their data practices and/or adjust your settings.
Sweepstakes, Contests, and Other Promotions
We take reasonable measures to protect personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and digital storage are not completely secure and we cannot guarantee the security of your information collected through the Services.
Communication preferences and marketing. If you do not wish to receive marketing emails from us, you can opt out of future marketing emails by following the instructions provided in the marketing emails. Opting out of marketing emails will not affect our administrative or transactional emails to you (e.g., emails about your transactions, a job application, or policy changes) which we may send you, for example, to notify you of an issue with an order you have placed with us.
If you provide your phone number through the Services, we or our third party vendor may call or send you a transactional SMS message about the status of or issues with a recent transaction (e.g., an order you have placed with us) or job application. In addition to transactional SMS messages, we may send you marketing communications by SMS. However, we only send marketing SMS messages to those who have expressly opted-in to receiving marketing communications by SMS message. If you no longer wish to receive SMS messages from us, you can opt out of future SMS messages by replying to one of our SMS messages with the word “Stop.”
Additionally, you may request to stop receiving marketing communications by contacting us at email@example.com.
If you download and utilize our Apps, we may send you transactional push notifications about the status of or issues with a recent transaction (e.g., an order you have placed with us) or job application. In addition to transactional push notifications, we may send you marketing communications by push notification. However, we only send marketing push communications to those who have expressly opted-in to receiving marketing communications by push notification. If you no longer wish to receive push notifications from us, you can opt out of future push notifications by changing the settings on your mobile device.
Accessing, changing, and deleting your personal information. If you are a registered user of the Services, you may review and change certain personal information (e.g., email, password, phone number, payment information) at any time by accessing your account online.
Location tracking. You may be able to enable or disable location tracking through the Apps by adjusting the permissions in your account or device settings. Be aware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to WiFi, Bluetooth, beacons, or our networks) may persist. Enabling location tracking may enable an App to track your location in the background, which may decrease battery life.
App permissions. You may be able to enable or disable certain features (e.g., allowing the Apps to read, modify, or delete the contents of your USB storage; take pictures and videos; view WiFi connection; send push notifications) by adjusting the permissions in your device settings.
Uninstallation. If you want to terminate our ability to obtain information from you through the Apps, you may uninstall the Apps from your device.
California residents may click here to view our California Privacy Notice.
Nevada residents may click here to exercise their privacy rights.
Information for Users Outside the United States
California Privacy Notice
This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to other privacy policies or notices issued by Bloomin’ Brands, Inc. (“Bloomin’” “us” “we” our”). In the event of a conflict between any other Bloomin’ policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.
In accordance with the CCPA’s requirements, this Notice covers the calendar year 2020 and describes our collection, use, disclosure, and “Sale” of California Consumers’ “Personal Information” or “PI” as defined by the CCPA, as well as the rights California Consumers have under the CCPA. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.
Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered Consumers for purposes of this Notice or the rights described herein.
Collection and use of personal information
We collect PI about California Consumers as described in the table below.
|Category||Examples of PI Collected||Sources of PI||Purposes for PI Collection||Categories of Recipients|
|Identifiers||Name, postal address, Internet Protocol address, email address, telephone number, MAC Address, device model, device carrier information, software version||
|Customer / Individual Records||Name, address, telephone number, email address, subset of payment card details||
|Commercial Information / Purchase Details||Purchase history or tendencies
Name, Address, email address, telephone information, payment details
|Internet Usage Information||Browsing history, information regarding interactions with our website or advertisements||
|Geolocation Data||Precise physical location||
In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat “Deidentified” data or “Aggregate Consumer Information” as PI, and we reserve the right to convert, or permit others to convert, your PI into Deidentified data or Aggregate Consumer Information. We may share your PI with certain business partners, service providers, vendors (including those that facilitate interest-based advertising and other advertising and marketing), and other parties as described in the table above.
California privacy rights
Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify the identity of the requestor and the validity of the request.
Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a verifiable request, but you may use your account to do so. We will use PI provided in your request to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.
Your California Consumer privacy rights are described below. To make a request, please click here to connect with our CCPA portal and provide the following information, including the nature of your request:
- First Name
- Last Name
- Email address
- Telephone number
- Subject: CCPA Request
or call us at 866-265-0174.
In order to verify your identity, you must contact us from the email or phone number associated with your request. We will then follow-up with an outbound communication to you where you may be required to take further action to confirm your identity. Please follow the instructions above and promptly respond to any follow-up inquires. Once your identify has been verified, if you have requested that we provide you with specific pieces of information which BBI has about you, we will promptly respond.
For requests through an authorized agent, contact us via phone, or you may send mail to:
Attention: Legal Counsel
Bloomin’ Brands, Inc.
2202 N. Westshore Blvd
Tampa, FL 33607
Authorized agents must provide either a valid Power of Attorney or proof that you have registered with the California Secretary of State to act on behalf of the identified individual.
We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with Consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s, rights, or conflict with applicable law.
You have the right to request that we disclose the following information about your PI that we have collected and are maintaining for the 12-month period prior to your request date. Consumer requests of this nature may be made no more than twice in a 12-month period.
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for collecting or Selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI Sold about you in the prior 12 months, or that no Sale occurred. If we Sold your PI, we will explain:
- The categories of your PI we have Sold.
- The categories of third parties to which we Sold PI, by categories of PI Sold for each third party.
You have the right to obtain a transportable copy of your PI that we (1) collected in the 12 months prior to the request date, and (2) currently are maintaining. Please note that we retain PI for various time periods in accordance with applicable law and our internal recordkeeping policies and procedures.
“Do Not Sell” Rights
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to represent a “do not sell” request by you; accordingly, currently we do not view these signals as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
We do not knowingly Sell the PI of Consumers. All consumers, regardless of age, may opt out of our promotional emails by clicking the ‘unsubscribe’ link on each of our brand emails.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.
Non-Discrimination and Financial Incentive Programs
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, Sale, retention, and use of your PI as permitted by the CCPA; such offers may result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. For details of our current financial incentive program and its terms, including how to opt-in or withdraw your opt-in, program benefits, refer to DineRewards Terms and Conditions.
Please note that participating in incentive programs is entirely optional; participants affirmatively opt into the program, and can opt out of the program (i.e., terminate participation and forgo the ongoing incentives) by following the instructions in the program’s description and terms. We may add or change incentive programs and/or their terms by posting a notice on the program descriptions and terms linked to above, so check them regularly.
Other California Notices
California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure of PI to third parties for their own direct marketing purposes.
We do not share personal information with third parties for their direct marketing purposes without either obtaining your consent or giving you the ability to opt-out. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at firstname.lastname@example.org or by sending a letter to
Attention: Legal Counsel
Bloomin’ Brands, Inc.
2202 N. Westshore Blvd
Tampa, FL 33607
Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, ZIP code, email address and telephone number. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.
Please note that “Shine the Light” rights and CCPA rights are established under different legal regimes and must be exercised separately.
For more information regarding your California privacy rights, you may contact us at 866-265-0174 or email us at CAPrivacyRequest@bloominbrands.com. You may also write to us at:
Attention: Legal Counsel
Bloomin’ Brands, Inc.
2202 N. Westshore Blvd
Tampa, FL 33607
Bloomin’ Brands, Inc. is committed to facilitating and improving the accessibility and usability of its websites (bloominbrands.com; outback.com; carrabbas.com; bonefishgrill.com; flemingssteakhouse.com; and dine-rewards.com.) Bloomin’ Brands strives to ensure that its website services and content are accessible to persons with disabilities, including users of screen reader technology. To accomplish this, Bloomin’ Brands has engaged UsableNet, Inc., a leading web accessibility/usability consultant to help test, remediate and maintain our websites in-line with the technical standards of the Web Content Accessibility Guidelines (WCAG) developed by the World Wide Web Consortium Web Accessibility Initiative, which also brings the websites into technical conformance with the Americans with Disabilities Act of 1990.
Please be aware that our efforts to maintain accessibility and usability are ongoing. While we strive to make each of our websites as accessible as possible, some issues may be encountered by different assistive technologies as the range of assistive technology is wide and varied.
If, at any time, you have specific questions or concerns about the accessibility or usability of any particular web page on this website, please contact us at email@example.com or 1-866-886-1346. If you encounter any accessibility/usability issues, please be sure to specify the web page and nature of the issue in your email and/or phone call, and we will make all reasonable efforts to make that page or the information contained therein accessible to you.
Dine Rewards Terms & Conditions
The Dine Rewards program (the “Program”) allows you to earn points for every qualified dollar spent at participating Bloomin’ Brands, Inc. (“BBI”) restaurants: Outback Steakhouse®, Bonefish Grill®, Carrabba’s Italian Grill®, Fleming’s Prime Steakhouse and Wine Bar®, and Outback and Carrabba’s Express, and to redeem those points for rewards (collectively, “Rewards”), as provided in these “Terms and Conditions.” Please read these Terms and Conditions carefully and keep them with your records. By enrolling in the Program, you agree to these Terms and Conditions, as they may be modified from time to time in our sole discretion. This Program is void where prohibited by federal, state, or local law, and Rewards may be restricted by federal, state, or local law. THESE TERMS AND CONDITIONS INCLUDE A WAIVER OF CERTAIN RIGHTS, INCLUDING TO SUE IN COURT OR TO PURSUE A CLASS ACTION. SEE BELOW.
In these Terms and Conditions:
- “Administrator” means any company we engage to provide administrative services for the Program. The Program is a service of Bloomin' Brands managed by Administrators who are solely responsible for the administrative services for the Program.
- “Member” means the person identified in our records as the holder (or owner) of the Rewards Account.
- “Program Website” refers to www.dine-rewards.com
- “Bloomin’ Brands,” “we,” “our,” “ours,” and “us” refer to Bloomin’ Brands and all of its affiliates and subsidiaries, or its and their assignees.
- “Qualified dollars spent” means the dollar amount spent on food and non-alcoholic beverages eligible for point accrual. Alcohol, gift card purchases, delivery fees, third-party orders including catering or other third-party orders, discounts, taxes, and tip are excluded.
- “Rewards” means points earned that accumulate to certain redeemable amounts that can be used for dollar off amounts at brand participating locations.
- “Rewards Account” refers to the record of the points and other offers you have earned and redeemed through the Program.
- “Suppliers” mean any independent third party that we or the Administrator engages to provide services, Rewards, or other benefits for the Program.
- “You” and “your” refer to any person or entity participating in the Program.
To be eligible to create a Rewards Account, participate in the Program, and earn points and redeem Rewards, you must be at least 18 years of age and have a valid email address and mobile phone number. A Rewards Account is unique to the individual Member holding the account and may be associated only with a single email address and mobile phone number. The same mobile phone number may not be associated with more than one Rewards Account, nor may the same email address be associated with more than one Rewards Account. The Member or immediate family member of the Member must be present to earn Rewards for the transaction. In addition to the rights set forth below, at BBI’s sole discretion and without the necessity of notice to you, Rewards Accounts created in violation of these requirements are subject to suspension until such accounts are brought into compliance by the Member, and/or such accounts and associated Rewards may be modified by BBI to bring such Rewards Accounts into compliance.
Program Members may earn and redeem rewards only at participating Outback Steakhouse, Bonefish Grill, Carrabba’s Italian Grill, Fleming’s Prime Steakhouse & Wine Bar, and Outback and Carrabba’s Express locations, which are subject to change from time to time at BBI’s discretion.
You may enroll in the Program by visiting our website, mobile site, or app and following the enrollment instructions. Each Member will have access to a personal Rewards Account page during the course of their membership. You may access your Rewards Account by visiting the website and signing into your account. It is your sole responsibility to safeguard any passwords associated with your Rewards Account and to make sure that your contact information in your Rewards Account remains current and complete; BBI disclaims any responsibility for the accuracy of a Member’s Rewards Account contact information. Once you have successfully enrolled in the Program, you may begin earning Rewards by performing the qualifying activities described below.
Earning Rewards: This Program allows you to earn Rewards based on the number of points earned for Qualified Dollars Spent at any of our brand participating locations, as described below:
You will receive five (5) points for each Qualified Dollar spent during a single visit. Members are limited to a maximum of two (2) qualifying visits per calendar day at least thirty (30) minutes apart. A maximum of 15,000 points can be earned per visit. For in restaurant visits or orders made via telephone, you must identify yourself as a Member to your server for your points to be credited to your Reward Account. For online and app orders, you must enter your Rewards Account information where prompted. Orders from third-party companies are not eligible for earning points.
Points expire six (6) months or one-hundred eighty-three (183) days after issuance. Each time a Member accrues three-hundred and fifty points (350) during the 183-day period, their points will automatically convert to a $5 off reward.
The Administrator and the Suppliers are independent contractors and are not affiliated with BBI. BBI, the Administrator and Suppliers do not warrant the quality, merchantability, or fitness for a particular purpose of any Rewards you procure. BBI, the Administrator, and the Suppliers will not be liable or responsible for any loss, damage or injury to property or person that may arise or result from participating in the Program, redeeming Rewards, or using Rewards or by any cause, condition or event beyond the control of BBI, the Administrator or the Supplier. BBI is not responsible and shall not have any liability for typographical errors and/or omissions in any Program materials. BBI and the Administrator reserve the right to adjust your Rewards Account at any time to correct any incorrect Reward balance, including the right to reverse any Rewards that were credited in error and/or not legitimately earned in accordance with these Terms and Conditions. BBI decisions regarding the interpretation of these Terms and Conditions and the awarding of Rewards shall be at its sole discretion, shall be final and not subject to appeal.
By using the Website, becoming a Member or redeeming a Reward, you hereby agree to release, discharge, and hold harmless BBI, Administrator, Suppliers and their respective officers, directors, employees and agents (collectively, the “Released Parties”) from any and all liability for claims resulting from any acts or omissions of the Released Parties in providing or failing to provide services in connection with the Program, and from any cause, condition or event beyond the control of BBI, Administrator or Supplier. You also agree to release, discharge, and hold harmless the Released Parties from all liability for any accident, injury, claims, damages, loss, expense, inconvenience, or damages, arising out of: (a) your participation in, or failure to participate in, the Program, (b) the use of or defect in any Reward. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND PARTICIPATION IN THE PROGRAM. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. The sole extent of Released Parties’ liability, if at all, shall not exceed the actual retail value of the Reward in dispute. You agree that any claim under these Terms and Conditions must be brought within six (6) months after the cause of action arises, or such claim or cause of action shall be barred.
Use of the Program Website
The Administrator operates the Program Website, which provides additional information regarding the Program and, if you are a registered user of the Program Website, also will give you access to your Rewards Account. The Program Website itself is governed by separate terms and conditions. Please read those terms and conditions carefully, as they describe your rights and obligations with respect to the Program Website. Certain features or services offered on or through the Program Website require that you become a registered user, including establishing a username and password. You alone are responsible for maintaining the confidentiality of your online profile information, including your username and password, and for any and all activity that occurs with respect to your online profile. You agree to notify us immediately of any unauthorized use of your online profile, username or password, or any other breach of security. Regardless of when you notify us, you agree that we will not be liable for losses incurred by you or any other user of or visitor to the Program Website as a consequence of the use of your username, password or online profile by someone else. You agree not to use another person’s username, password or online profile at any time without the express permission and consent of that person. You agree that we are not liable for any loss or damage arising from your failure to comply with these obligations.
You may not transfer or assign your Rewards or any other Program benefits.
All registered marks, trademarks and service marks belong to their respective owners.
Communications with You
We may communicate with you regarding any matter related to the Program by mail, telephone, text messaging, or electronic communications, including e-mails. You consent to the receipt of all Rewards, correspondence, transaction confirmations and other information from us electronically through access to the Program Website, your Rewards Account on the Program Website or the email address provided by you to us. We will not be responsible for your inability to connect to the Internet or to access the Program Website or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. From time to time we may monitor and record telephone calls for training or compliance purposes, to provide a record of your instructions or to assure the quality of our service and you hereby consent to the monitoring and recording of your telephone conversations with us. In addition, we may periodically use prerecorded voice messages or use an automatic dialing device to make calls and send text messages to any telephone number associated with your Account. You agree that we may rely on any oral and electronic instructions from you to us. You are solely responsible for updating the contact information in your Rewards Account should there be any change in your name, address (including e-mail addresses you use with us), or telephone number(s). To change your account details, email firstname.lastname@example.org or call us at 877-546-7407 Monday – Friday 8am – 9pm EST or Saturday & Sunday 9am – 7pm EST.
Information We Collect and Use
You agree that whenever you have a disagreement with us arising out of, connected to, or in any way related to the Terms and Conditions and/or Program, you will send a written notice to us (“Demand”). You agree that the requirements of this Section 19 will apply even to disagreements that may have arisen before you accepted these Terms and Conditions. You must send this Demand to the following address (the “Notice Address”): Bloomin’ Brands, Inc., Attn: Chief Legal Officer, 2202 N. West Shore Blvd., Suite 500, Tampa, FL 33607.
You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send this Demand. If we do not resolve this disagreement to your satisfaction within ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the arbitrator will have sole and exclusive jurisdiction over any dispute you have with us. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies.
You agree that you will not file any lawsuit against us in any state or federal court. You waive any right to a trial by a jury or a state or federal judge. You agree that if you do sue us in state or federal court, and we bring a successful motion to compel arbitration, you must pay all fees and costs incurred by us in court, including reasonable attorney’s fees. You agree that you will not file a class action or collective action against us, and that you will not participate in a class action or collective action against us. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms and Conditions, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled in a court. Under no circumstances do you or we agree to class or collective procedures in arbitration or the joinder of claims in arbitration.
We agree that we will not file a class or collective action against you, and that we will not participate in a class or collective action against you, for any disagreement arising out of, connected to, or in any way related to these Terms and Conditions and/or Program. We agree that we will submit all disputes with you to arbitration before the Arbitrator.
Notwithstanding any other provision herein, you will not be bound by any changes we make to this Section 19 unless you are provided prior notice by mail, e-mail, text, or other direct notification and do not cancel your enrollment. If you do cancel your enrollment in the Program, you will still be bound to the most recent Terms and Conditions operative when your enrollment was active.
Choice of Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Member, Bloomin’ Brands and Administrator in connection with the Program and these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida. MEMBER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THE PROGRAM, THE GRANTING OF REWARDS AND THESE TERMS AND CONDITIONS WHETHER NOW EXISTING OR HEREAFTER ARISING AND WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE.
If at any time any provision of these Terms and Conditions is determined by a court of competent jurisdiction as being illegal, invalid or unenforceable in any respect, such provision will be deemed to be removed from these Terms and Conditions and replaced with a lawful provision most closely approximating the intent of the stricken provision (except as noted in Section 19); and, the illegality/invalidity/unenforceability of any stricken provision shall not affect the legality or validity or enforceability of any other provision of these Terms and Conditions (except as noted in Section 19). No delay by BBI in enforcing the provisions of these Terms and Conditions in any given instance will in any way prejudice or restrict the rights of BBI nor will any waiver of rights by BBI in any given instance operate as a waiver of any subsequent breach by any person of any provision of these Terms and Conditions.
Disclosure Applicable to California Residents: Non-Discrimination and Financial Incentive Programs
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, Sale, retention, and use of your PI as permitted by the CCPA; such offers may result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms.
To contact us
To contact us about the Program, you can email us at email@example.com or call our toll-free number: 877-546-7407.
Terms & Conditions
BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE "AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site.
Agreement for use
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation. You agree that if ordering facilities are made available for your use through the Site, the ordering facilities shall be used only to make legitimate purchases for you or for other people for whom you are legally authorized to act. You understand that overuse or abuse of the ordering facilities of this Site may result in your being denied access to such facilities.
For any ordering or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site.
This Site is for a general audience and is not designed nor intended to collect personal information from children under the age of 13. BBI does not knowingly collect personal information from anyone under the age of 13. We ask that parents supervise their children while online.
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
Limited license to view and copy
The content and information displayed on this Site ("Materials") is the property of BBI and/or other parties. The downloading, reproduction, or retransmission of BBI Materials, other than for non-commercial individual use, is strictly prohibited. This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of BBI; ( b) interfere with or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
Intellectual property rights
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of BBI, through its subsidiaries, and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of BBI, through its subsidiaries, and/or other parties is granted to or conferred upon you. Reproduction or storage of Materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any BBI trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
Copyright and trademark notices
All contents of this Site are the copyrighted property of BBI, or its subsidiaries, affiliates, or a BBI licensor, as applicable. All contents of the Site are protected by United States and international copyright laws. Bloomin' Brands, Inc. is a trade name describing the subsidiary companies of Bloomin' Brands, Inc. involved in the restaurant industry in the U.S. and around the world. Bloomin' Brands, Inc., through its subsidiaries, is the franchisor/licensor of the BBI brand names and marks. Trademarks owned by a BBI company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as and if provided for elsewhere on the Site. Any rights not expressly granted herein are reserved.
The following are some of the service marks owned by Bloomin' Brands, Inc., or its subsidiaries, or affiliates: Carrabba's Italian Grill, Outback Steakhouse, Bonefish Grill, Fleming's Prime Steakhouse and Wine Bar and Carrabba's Amici Club.
If you believe that your work has been copied and posted to our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our Site; (3) your address, telephone number, and e-mail address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest.
Please send the written notice to our Copyright Agent at the following address by mail or e-mail:
Bloomin' Brands, Inc.
Attn: Copyright Agent/Legal Department
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of BBI or others.
Submission of content
Any submission to BBI is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to BBI and its designees a perpetual, irrevocable, non-exclusive fully-paid and royalty-free license to use any ideas, photos or other materials you submit (collectively the "Content") to BBI and/or the Site without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. By submitting Content to the Site, you are giving BBI permission to publish such Content to any BBI maintained material including, but not limited to: websites, e-mail campaigns, social media pages, in-restaurant print materials, radio and television.
BBI shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by BBI, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BBI shall have the right, but not the obligation, to remove any material that BBI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:
- Hate speech - language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability
- Personal attacks - language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person
- Invasion of privacy - phone numbers, e-mail addresses, physical addresses or other personal information
- Off topic - opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers
- Advertising - solicitations or advertising of any kind, including comments or links that are aimed at promoting other products or services
- Copyright/Plagiarism - comments that appear to violate copyright laws
- Offensive - offensive language or images, including but not limited to nudity
Linked web sites
This Site includes links to other web sites. BBI provides such links solely as a convenience to you and for informational purposes only. BBI has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates BBI's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither BBI, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept full responsibility for all activities that occur under your account or password. You must notify BBI immediately in the event that the security of your login or password has been breached.
DISCLAIMER. THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS, AND SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further BBI does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, nor does BBI warrant that the Site will be current, error free or available at all times or without interruption. BBI also does not warrant that the Site or communications from BBI will be free of viruses or other harmful components. BBI may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. BBI makes no commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL BBI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY BBI, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF BBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
BBI reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and your account, if applicable, at any time, without notice. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Florida, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of BBI in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. There are no third-party beneficiaries of this Agreement.
Site policies and modification
Our contact information
Bloomin' Brands, Inc.
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
Gift Card Terms & Conditions
Please read these terms and conditions carefully.
Your purchase and use of Bloomin’ Brands Gift Cards and eGift Cards (collectively, "Gift Cards") constitutes your agreement to be bound by these terms and conditions (the “Terms”). Our Gift Cards may be branded under the name Bloomin’ Brands, Outback Steakhouse, Bonefish Grill, Carrabba’s Italian Grill, Fleming’s Prime Steakhouse & Wine Bar, Outback and Carrabba’s Express, and/or Aussie Grill.
Gift Cards must have a corresponding four-digit pin to be redeemed. A physical, plastic Gift Card must be presented in person to redeem any Gift Card that was previously issued without a four-digit pin. Gift Cards are redeemable at all Bloomin’ Brands locations in the United States including Outback Steakhouse, Bonefish Grill, Carrabba’s Italian Grill, Fleming’s Prime Steakhouse & Wine Bar, Outback and Carrabba’s Express, Aussie Grill and online at each brand website that offers online orders (Outback.com, Carrabbas.com, Bonefishgrill.com, Flemings.com, and AussieGrill.com).
Gift Cards are NOT redeemable at our airport restaurant locations or our food trucks, nor at the original Carrabba’s restaurants located on Kirby and Voss streets in Houston, TX. Gift Cards may not be returned and may not be redeemed for cash except as required by applicable law.
For balance inquiries and to obtain information about Gift Cards, visit https://www.bloominbrands.com/giftcards, or call (888)731-2610.
Expiration & Fees
Gift Cards do not expire and are not subject to any service fees.
Lost, Damaged, or Stolen Cards
Lost, damaged, or stolen Gift Cards will not be replaced, and Bloomin’ Brands will not be responsible if your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly.
Bloomin’ Brands and its affiliates, in their sole discretion, reserve the right to refuse to accept Gift Cards that they suspect were obtained fraudulently or are presented for redemption in a fraudulent manner.
Compliance with laws
By purchasing or using a Gift Card, you are certifying and representing to Bloomin’ Brands that the activities for which the Gift Card will be used comply with these Terms and all applicable laws, rules, and regulations, and that the Gift Card will not be used in any manner that is fraudulent, deceptive, unfair, or otherwise harmful to consumers or Bloomin’ Brands. In addition, you agree to defend and indemnify Bloomin’ Brands, Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Card or violation of any of these Terms.
From time to time, Bloomin’ Brands may offer promotional cards labelled as “Bonus Cards.” Bonus Cards are not Gift Cards. Bonus Cards are also subject to terms and conditions that control their use and redemption. Please see the specific Bonus Card for terms and conditions.
Limitation of Liability
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND BLOOMIN’ BRANDS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ITS GIFT CARDS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLOOMIN’ BRANDS AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. BLOOMIN’ BRANDS AND ITS AFFILIATES AND ITS VENDORS SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE GIFT CARDS OR USE OF SUCH GIFT CARDS. IN THE EVENT THAT BLOOMIN’ BRANDS OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOUR SOLE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE UNREDEEMEDBALANCE OF YOUR GIFT CARD. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
Dispute Resolution & Applicable Law
Any dispute or claim relating in any way to Gift Cards will be resolved in accordance with the dispute resolution process and requirements set forth in these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR BLOOMIN’ BRANDS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Except where prohibited by law, you agree that: (1) whenever you have a disagreement with Bloomin’ Brands arising out of, connected to, or in any way related to these Terms and/or your purchase or use of a Gift Card(s), you will send a written notice to Bloomin’ Brands (“Demand”). You must send any Demand to the following address (the “Notice Address”): Bloomin’ Brands, Inc., Attn: Chief Legal Officer, 2202 N. West Shore Blvd., Suite 500, Tampa, FL 33607; (2) You will not take any legal action, including filing a lawsuit or demanding arbitration, until ten (10) business days after you send a Demand. If Bloomin’ Brands does not resolve the disagreement to your satisfaction within such ten (10) business days, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “AAA”). Please note that for any such filing of a demand for arbitration, you must affect proper service under the rules of the AAA, and that notice to the Notice Address may not suffice. If, for any reason, the AAA is unable to provide the arbitration, you may file your case with any national arbitration company. The arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure as effective September 15, 2005. You agree that the arbitrator will have sole and exclusive jurisdiction over any dispute you have with Bloomin’ Brands. You understand that the Federal Arbitration Act allows for the enforcement of arbitration agreements, and you agree that it applies;(3) you will not file any lawsuit against Bloomin’ Brands in any state or federal court. You waive any right to a trial by a jury or a state or federal judge. You agree that if you sue Bloomin’ Brands in state or federal court, and Bloomin’ Brands brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Bloomin’ Brands in court, including reasonable attorneys’ fees. You will not file a class action or collective action against Bloomin’ Brands, and you will not participate in a class action or collective action against Bloomin’ Brands. You will not join your claims to those of any other person; (4) Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into. Any dispute at that time in arbitration will be dismissed without prejudice and refiled exclusively in the United States District Court for the Middle District of Florida, Tampa Division, or in the Circuit Court in and for Hillsborough County, Florida. Under no circumstances do you or Bloomin’ Brands agree to class or collective procedures in arbitration or the joinder of claims in arbitration; (5) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (6) under no circumstances will you be permitted to obtain awards for, and YOU HEREBY WAIVE ALL RIGHTS TO CLAIM, INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
The Federal Arbitration Act, applicable federal laws, and the laws of the State of Florida, USA, are the applicable laws to the interpretation, validity, enforceability, and construction of these Terms or the rights and obligations of you and Bloomin’ Brands in connection with the Terms, and all matters relating to Gift Cards and the use of Gift Cards, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.
We reserve the right to make changes to these Terms at any time and will provide notice of such changes as required by law. If any of these Terms shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.