Privacy & Legal Notices

This U.S. State-Specific Privacy Notice (“Notice”) supplements our Privacy Policy and describes how Bloomin’ Brands, Inc. and its subsidiaries (operating under Outback Steakhouse, Carrabba’s Italian Grill, Bonefish Grill, Fleming’s Prime Steakhouse & Wine Bar, Aussie Grill by Outback, Tender Shack, Outback & Carrabba’s Express), as well as Dine Rewards (collectively, “BBI” “us” “we” “our”), processes the Personal Information of “consumers” as defined by the privacy laws of California, Colorado, Connecticut, and Virginia. In the event of a conflict between any other BBI policy, statement, or notice and this Notice, this Notice will prevail as to California, Colorado, Connecticut, and Virginia consumers.

In this Notice, we may use the terms “Personal Information” and “Personal Data” interchangeably to refer to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable person. Personal Information does not include information that is publicly available.

Unless otherwise noted, the disclosures that describe how and why we collect and use your Personal Information also describe how and why we collected and used your Personal Information within the past twelve (12) months.

If you are a California resident who is a current employee of BBI, our California Employee Privacy Notice applies to the Personal Information we obtain about you in the employment context. You may contact Human Resources or Privacy@BloominBrands.com to obtain a copy of the California Employee Privacy Notice that you received during onboarding.

Capitalized terms contained herein that are not defined by the applicable state privacy law shall have the same meaning as prescribed in our Privacy Policy.

How and Why We Collect Your Personal Information

We may collect the following categories of Personal Information about consumers. Note that the Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below, and some examples may fall into more than one category.

Identifiers (such as name, email address, mailing address, unique personal identifier, telephone number, account login information, device identifier, Internet Protocol address, and company contact details (including company name, company address, company email address, and company telephone number))

• How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to communicate with you, (3) to comply with applicable laws and regulations, (4) to send you marketing materials and advertisements, (5) to improve our products and services, (6) to allow you to participate in promotions, sweepstakes, and contests, (7) to audit, research and analyze your use of our Services, (8) to manage the quality, safety, and security of our products and services, including disclosures with regard to food safety, (9) to detect and prevent fraud or illegal activity, (10) to authenticate your identity, (11) to determine if you may fit a job need of ours and to contact you to see if you might be interested in a job for which you did not apply, (12) to respond to chats with our virtual job assistant, and (13) to assess your job application, including to manage your profile in our recruitment system, perform pre-screening checks, sending transactional SMS messages about the status of your application, and conducting job interviews
• Sources of Personal Information: (1) directly from you, (2) automatically when you use our Services, (3) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business, and (4) from other individuals (e.g., when friends or family place a gift order)
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics, tech support), (3) to ensure security and integrity of Personal Information, (4) to debug or identify and repair technical errors that impair intended functionality, (5) for short-term, transient use, (6) for advertising and marketing purposes, including auditing related to ad impressions, (7) in connection with activities to verify or maintain the quality or safety of our products and services, (8) to comply with applicable legal requirements, including disclosures concerning food safety and related health issues, and (9) to detect or protect against malicious, deceptive, fraudulent, or illegal activity

Personal Information described in Cal. Civ. Code §1798.80 (such as Identifiers listed above, tokenized instances of payment card details, signature, telephone number, employment and employment history, education, physical and electronic signature, and company financial information (such as routing numbers, etc.))

• How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to communicate with you, (3) to comply with applicable laws and regulations, (4) to send you marketing materials and advertisements, (5) to improve our products and services, (6) to allow you to participate in promotions, sweepstakes, and contests, (7) to audit, research and analyze your use of our Services, (8) to manage the quality, safety, and security of our products and services, including disclosures with regard to food safety, (9) to detect and prevent fraud or illegal activity, (10) to authenticate your identity, (11) to determine if you may fit a job need of ours and to contact you to see if you might be interested in a job for which you did not apply, (12) to respond to chats with our virtual job assistant, and (13) to assess your job application, including to manage your profile in our recruitment system, perform pre-screening checks, sending transactional SMS messages about the status of your application, and conducting job interviews
• Sources of Personal Information: (1) directly from you, (2) automatically when you use our Services, (3) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business, and (4) from other individuals (e.g., when friends or family place a gift order)
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) to ensure security and integrity of Personal Information, (4) to debug or identify and repair technical errors that impair intended functionality, (5) for short-term, transient use, (6) for advertising and marketing purposes, including auditing related to ad impressions, (7) in connection with activities to verify or maintain the quality or safety of our products and services, (8) to comply with applicable legal requirements, including disclosures concerning food safety and related health issues, and (9) to detect or protect against malicious, deceptive, fraudulent, or illegal activity

Characteristics of protected classifications Under California or Federal Law (such as age and date of birth, marital status, race, ancestry, ethnic origin, sex, gender, sexual orientation, gender identity, religion or creed, military or veteran status, medical condition, or disability)

• How We Use the Information: (1) to comply with applicable laws and regulations including the U.S. Equal Employment Opportunity Commission (“EEOC”) and California Civil Rights Agency (“CCRA”) requirements, and other equal opportunity initiatives, and (2) to support our recruitment and diversity, equity, and inclusion programs and initiatives
• Sources of Personal Information: directly from you
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: to comply with applicable legal requirements

Commercial Information (such as records of purchase history, purchase tendencies, or purchases considered)

• How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to send you marketing materials and advertisements, (3) to improve our products and services, (4) to allow you to participate in promotions, sweepstakes, and contests, (5) to reimburse you if you travel for a job interview and seek reimbursement, and (6) to detect and prevent fraud or illegal activity
• Sources of Personal Information: (1) directly from you, (2) automatically when you use our Services, and (3) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) to ensure security and integrity of Personal Information, (4) for advertising and marketing purposes, including auditing related to ad impressions, (5) to comply with applicable legal requirements, and (6) to detect or protect against malicious, deceptive, fraudulent, or illegal activity

Internet or Other Electronic Network Activity Information (such as browsing, search history, and information regarding interactions with our Services or advertisements)

• How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to send you marketing materials and advertisements, (3) to improve our products and Services, (4) to audit, research and analyze your use of our Services, (5) to maintain the security of our Services, and (6) to detect and prevent fraud or illegal activity
• Sources of Personal Information: (1) automatically when you use our Services, and (2) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) to ensure security and integrity of Personal Information, (4) to debug or identify and repair technical errors that impair intended functionality, (5) for short-term, transient use, (6) for advertising and marketing purposes, including auditing related to ad impressions, and (7) to detect or protect against malicious, deceptive, fraudulent, or illegal activitys

Geolocation Data (such as precise physical location)

• How We Use the Information: (1) to provide our products and services, (2) to determine which restaurant is closest to you, (3) to ensure you place your order from the right restaurant, (4) to send you marketing materials and advertisements, (5) to improve our products and services, and (6) to allow you to participate in promotions, sweepstakes, and contests
• Sources of Personal Information: (1) directly from you, and (2) automatically when you use our Services
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) for advertising and marketing purposes, including auditing related to ad impressions, and (4) to comply with applicable legal requirements, including disclosures concerning food safety and related health issues

Audio, electronic, visual, or similar information (such as audio recordings of customer service calls, and CCTV footage)

• How We Use the Information: (1) to improve our products and services, (2) to manage the security of our services and facilities, and (3) to detect and prevent fraud or illegal activity
• Sources of Personal Information: (1) automatically while you are on our property or using certain Services, and (2) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (2) to ensure security and integrity of Personal Information, and (3) to detect or protect against malicious, deceptive, fraudulent, or illegal activity

Professional or Employment-Related Information (recruitment information (such as skills, qualifications, references, recommendations, languages spoken, and other information included in a resume, application form, or cover letter))

• How We Use the Information: (1) to determine if you may fit a job need of ours and to contact you to see if you might be interested in a job for which you did not apply, (2) to respond to chats with our virtual job assistant, (3) to contact references and conduct background checks (4) to assess your job application, including to manage your profile in our recruitment system, perform pre-screening checks, sending transactional SMS messages about the status of your application, and conducting job interviews
• Sources of Personal Information: directly from you
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to perform services on our behalf, and (2) for advertising and marketing purposes

Inferences (Inferences are used to create a profile reflecting your restaurant preferences, dining preferences, customer characteristics, and behavior)

• How We Use the Information: (1) to send you marketing materials and advertisements, (2) to improve our products and services, (3) to audit, research and analyze your use of our Services, and (4) to inform you about other employment positions you may be interested in
• Sources of Personal Information: drawn from the other categories of Personal Information we collect
• Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
• Why We Disclose Personal Information: (1) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (2) to ensure security and integrity of Personal Information, (3) to debug or identify and repair technical errors that impair intended functionality, (4) for short-term, transient use, (5) for advertising and marketing purposes, including auditing related to ad impressions, and (6) to detect or protect against malicious, deceptive, fraudulent, or illegal activity

Additional information collected from job applicants. We may collect your Personal Information if you apply to work for us, attend a recruitment event, or otherwise participate in the BBI recruitment process. This Personal Information may include information relating to your eligibility to work in your jurisdiction (such as immigration and/or visa status), and criminal records information obtained through background checks. 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.

Additional Disclosures of Personal Information

Although we do not sell Personal Information in exchange for money, some of the ways in which we disclose Personal Information for advertising may be considered “sales” or “sharing” under some state privacy laws. We have sold and/or shared the following categories of Personal Information to outside parties, including marketing and advertising companies, for the purpose of providing analytics and targeted or cross-context behavioral advertising:

• Identifiers
• Personal Information described in Cal. Civ. Code §1798.80
• Commercial Information
• Internet or Other Electronic Network Activity Information

We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age.

How Long We Keep Your Personal Information

We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise required or permitted by law. This generally means holding the information for as long as one of the following apply:

• Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
• Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
• Your Personal Information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
• We are otherwise required or permitted to keep your information by applicable laws or regulations.

Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention policies, please contact us using the contact details below.

Submitting Requests Relating to Your Personal Information

If you are a resident of California, Colorado, Connecticut, or Virginia, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our Portal or call us at 866-265-0174. Please note that we will need to authenticate your identity before your request can be processed. In order to verify your identity, we may ask you to contact us from the email address or phone number associated with your request. Depending on the nature of your request, we may also ask you to provide 2-3 pieces of Personal Information that we will match against our records to confirm your identity. Please follow the instructions in any correspondence regarding your request, and promptly respond to any follow-up inquires. If you have requested that we provide you with specific pieces of Personal Information which BBI has about you, we will apply heightened verification standards.

An authorized agent may submit a request on behalf of a consumer if the consumer has provided the authorized agent with power of attorney in accordance with the applicable law; alternatively, we will (1) require the authorized agent to present verifiable written authorization from the consumer that the authorized agent has the consumer’s permission to submit the request; and (2) independently verify the consumer’s own identity with us.

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 Personal Information provided in your request only to verify your identity or authority to make the request and to track and document request responses unless you also provided the Personal Information to us for another purpose.

If you choose to exercise any of the privacy rights described below, you will not receive discriminatory treatment from us. This means that we will not deny providing our products or services to you, charge you different prices or provide a different level or quality of products or services to you unless those differences are related to the value of your Personal Information.

California Privacy Rights

Right To Know. You have the right to request that we disclose the following information about your Personal Information that we have collected about you. Consumer requests of this nature may be made no more than twice in a 12-month period.

• The categories of Personal Information we have collected about you
• The categories of sources from which we collected your Personal Information
• The business or commercial purposes for collecting, selling, or sharing your Personal Information
• The categories of recipients to whom we have disclosed your Personal Information
• The specific pieces of Personal Information we have collected about you
• A list of the categories of Personal Information disclosed for a business purpose in the prior 12 months
• A list of the categories of Personal Information about you that was sold or shared in the prior 12 months, if any. If we sold your Personal Information, we will also list the categories of third parties to which we sold Personal Information, by categories of Personal Information sold for each third party

Right to Delete. Except to the extent we have a basis for retention under CCPA, you may request that we delete your Personal Information that we have collected directly from you and are maintaining.

Right to Correct Inaccurate Information. If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of the Sale or Sharing of Personal Information. You have the right to opt out of the “sale” or “sharing” of your Personal Information and you may do so by indicating your opt out preferences through our cookie preference center which can be found on any of our websites. For more information on how we use cookies and other tracking technologies, please review our Privacy Policy.

Right to Non-Discrimination. We will not discriminate against you because you exercise your California privacy rights. This means that, consistent with California law, we will not deny providing our products or services to you, charge you different prices, or provide a different level or quality of products or services to you.

Notice of Financial Incentive
This Notice of Financial Incentive applies to our loyalty rewards program, Dine Rewards ("Dine Rewards"). Currently, Dine Rewards offers discounts and coupons to members as rewards for dining at our restaurants. We reserve the right to terminate or change the Dine Rewards program at any time at our sole discretion.

Program Details

Value of Consumer Data

We treat the value of consumer data collected through Dine Rewards as the equivalent of relevant expenses related to the collection and retention of consumers’ Personal Information as part of Dine Rewards. The Financial Incentive we offer to consumers through Dine Rewards reasonably relates to the value of the consumer’s data.

Withdrawal from the Program

You have the right to withdraw from Dine Rewards at any time. You may do so by contacting us at DineRewards@BloominBrands.com or 1-877-546-7407.

Privacy Rights for Other States

This section provides additional information for residents of Colorado, Connecticut, and Virginia. If you are a resident of California, please review our California-specific disclosures above. If you are a resident of Colorado, Connecticut, and Virginia subject to certain conditions and restrictions set out in the applicable laws, you have the following rights with regard to your Personal Information:

Right to Access.You have the right to request access to and obtain a copy of any Personal Information that we may hold about you.

Right to Correct.You have the right to request that we correct inaccuracies in your Personal Information.

Right to Delete.You have the right to request that we delete Personal Information that we have collected from or obtained about you.

Right to Opt Out of Targeted Advertising.You have the right to request that we stop disclosures of your Personal Information for targeted advertising via cookies and tracking technologies by indicating your opt out preferences through our cookie preference center which can be found on any of our websites. For more information on how we use cookies and other tracking technologies, please review our Privacy Policy.

Right to Opt Out of Sales.You have the right to opt out of our Sales of your Personal Information.

Right to Opt Out of Profiling.You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use Personal Information to conduct profiling.

Right to Appeal.If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision.

Contact Information

For more information regarding this California Notice or your California privacy rights, you may contact us toll-free at 866-265-0174 or email us at Privacy@BloominBrands.com. You may also write to us at:

Attention: Legal Counsel
Bloomin’ Brands, Inc.
2202 N. Westshore Blvd
Suite 500
Tampa, FL 33607

Last Updated: September 1, 2023

General

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.

Disclaimer

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.

Contact us

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 compliance@bloominbrands.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.

The Program

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.

Definitions

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.

Program Eligibility

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. 

Participating Locations

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.

Enrollment

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.

Rewards Disclaimer

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.

Release

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.

Assignment

You may not transfer or assign your Rewards or any other Program benefits.

Trademarks

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 dinerewards@bloominbrands.com or call us at 877-546-7407 Monday – Friday 8am – 9pm EST or Saturday & Sunday 9am – 7pm EST.

Information We Collect and Use

Information collected from Members is subject to Sponsor’s Privacy Policy, located at Privacy Policy. By applying for enrollment in, and participating in the Program, you are agreeing that we may use your information as described in our Privacy Policy. You are also agreeing to review these Terms and Conditions and the Privacy Policy regularly so that you can make informed decisions about your use of our Program Website, your participation in the Program, and the personal information you choose to share with us. You may obtain a copy of the BBI Privacy Policy at any time from any BBI customer service representative by calling 877-546-7407 or by visiting: https://www.bloominbrands.com/privacy-policy.

Disputes

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.

Miscellaneous Terms

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.

Entire Agreement

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and us with respect to the Program and your participation in it, and any and all prior agreements with respect to any other rewards program are superseded by these Terms and Conditions. These Terms and Conditions and the Program are governed by the state and US laws, without regard to its conflicts of law principles. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to your and our intentions as reflected in the provision, and that the other provisions of the Terms and Conditions remain in full force and effect.

To contact us

To contact us about the Program, you can email us at dinerewards@bloominbrands.com or call our toll-free number: 877-546-7407.

Welcome to www.bloominbrands.com (the "Site"). The documents, data, information and other materials [collectively the "Material(s)"] contained on the Site are provided by Bloomin' Brands, Inc. ("BBI"), exclusively for non-commercial, individual use to inquire about BBI and its group of brands and for no other purpose ("Authorized Users"). By using the Site, you agree to all of the Terms of Use set forth below. Please read them carefully. If you do not wish to agree to the Terms of Use, please refrain from using the Site.

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.

Minors

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.

Wireless reservations

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.

Prohibited conduct

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.

Copyright complaints

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

E-mail: copyrightagent@bloominbrands.com

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.

Monitoring 

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.

Privacy

Your use of the Site is subject to our Privacy Policy. If you would like to view our privacy practices please review our Privacy Policy.

Security

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.

Termination/access restriction

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.

Notices

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.

Miscellaneous provisions

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

We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.

Our contact information

Bloomin' Brands, Inc.
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
Telephone: 813-282-1225

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.

Redemption/Use; Exclusions

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.

Balance Inquiry

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.

Fraud

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.

Bonus Cards

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.

Applicable Law

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.

General Terms

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.