Privacy & Legal Notices

Privacy Policy

Effective date: January 1, 2020

This Privacy Policy applies to information about you that Bloomin’ Brands, Inc. (“BBI”, “we”, “our”, “us”) may obtain when you visit www.bloominbrands.com;  www.outback.com; www.carrabbas.com; www.bonefishgrill.com; www.flemingssteakhouse.com; or www.dine-rewards.com; any of the associated mobile applications; or connecting to the WiFi in one our locations (the “Site”). This Privacy Policy describes how we may collect, use, or share information about you; your choices regarding our use of your information; how we safeguard such information; and how you may contact us regarding our privacy practices.

Collection of personal information

Information you provide. We may obtain information that you provide directly to us on the Site when, for example, you fill out one of our contact forms, submit an order for a gift card, apply for a job, or otherwise interact with the Site. This information may include personal information, which is information that can be used to identify you individually, such as your name, email address, phone number, company information, and payment information.

Information collected automatically. We may also collect certain information about you automatically using various tools and technologies such as cookies and web server logs whenever you visit the Site. Information collected in this manner may include IP addresses, device identifiers, 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 computer as an anonymous tag that identifies your computer but not you. 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 this Site 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 Site.

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 Site is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit www.allaboutdnt.com.

Use of personal information

We may use personal information we collect through the Site 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;
• Monitoring and analyzing trends, usage, and activities of visitors and users of the Site;
• Improving the Site;
• 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.

Sharing of personal information

We may share your personal information with our subsidiaries and business partners. To the extent we grant these parties access to your personal information, they will follow privacy practices no less protective than our practices, to the extent allowed by applicable law.

We may also share your personal information with third-party service providers assisting us in carrying out services to you such as the functionality of the Site. Third-party service providers are not meant to use personal information except as necessary to provide the relevant services to us.

In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the Site. You acknowledge that such transfers may occur and are permitted by and subject to this Privacy Policy.

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 Site, or to protect and defend the rights or property of BBI.

Third-party analytics and advertising

We may use third-party technology to collect and use data in connection with interest-based advertising. These third-party ad technology companies and advertisers may use, store, or access cookies, web beacons, and other storage technologies to collect or receive information from the Site 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 third-party web analytics services, for example,  Google Analytics, to help us understand and analyze how visitors use the Site and to serve ads on our behalf across the Internet. We’ve implemented Digital Advertising features such as remarketing with analytics, interest-based advertising, demographics and interests reporting, user segment analysis, impression reporting. We and third-party vendors 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.

To find out more about how these third-party analytics services manage the privacy of information in conjunction with delivering ads online, and how to opt-out of information collection by these networks, please visit: www.youradchoices.com, www.youradchoices.com/appchoices, or www.networkadvertising.org.

For more information on how Google Analytics uses data collected through the Site, visit: www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit: adssettings.google.com and tools.google.com/dlpage/gaoptout.

Please note that we do not control how third parties manage their opt-out processes.

Sweepstakes, contests, and similar promotions

We may operate sweepstakes, contests, raffles, and similar promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting personal information. If you choose to participate in a Promotion, your personal information may be disclosed to third parties as described in the terms applicable to that Promotion. Insofar as the terms applicable to a particular Promotion conflict with this Privacy Policy, the terms applicable to the Promotion shall control.

Linked websites

The Site may include links to other websites that are owned and/or operated by third parties including our service providers (e.g., for gift card purchases or job applications). This Privacy Policy does not apply to those websites, which may have their own privacy policies or notices that you should review to understand how they may collect, use, or disclose your personal information. BBI is not responsible for the content or privacy practices of any linked websites that are operated by third parties

The Site may also provide links to other websites operated by BBI or our subsidiaries. Unless indicated otherwise, these websites are not governed by this Privacy Policy. For information on how these websites may collect, use, or disclose your personal information, we encourage you to review the privacy policies posted on the linked websites.

Security

We take reasonable measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the Site.

Opting-Out

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.

California privacy rights

Residents of the State of California may request a list of all third parties to which we have disclosed your personal information for those third parties’ direct marketing purposes during the preceding year. If you are a California resident, you may contact us at privacy@bloominbrands.com or by writing to:

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

To make a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide your current California address to which we will send our response. Your inquiry must specify “California Privacy Rights Request” in the subject line of the email or the first line of the letter 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.

If you are a California resident and wish to make a request pursuant to the California Consumer Protection Act with respect to your personal information please refer to our CCPA Consumer Privacy Notice for information as to how to make a request.

Nevada privacy rights

Requests by Nevada residents to exercise their privacy rights, should be directed to: NVPrivacyRequest@bloominbrands.com.

Information for users outside the United States

If you are visiting the Site from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions. By using the Site, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your personal information transferred to the United States or other countries may be different from the laws in your country of residence.

Revisions

This Privacy Policy is subject to change at our discretion. We will indicate changes, including material changes, to the Privacy Policy by updating the “Effective Date” at the top of this page. Your continued use of this Site after any update to this Privacy Policy will constitute your acceptance of the changes.

Contact information

You may direct comments or questions regarding this Privacy Policy via email to privacy@bloominbrands.com.

California Privacy Notice

Effective Date: January 1, 2020

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.

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 on our CCPA portal and provide the following information:

• 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 identity 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
Suite 500
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.

Disclosure rights

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

While there is not yet a consensus, data practices of third-party cookies and tracking technologies associated with our websites and mobile app may constitute a “Sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad limitation choices. In addition, third party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at https://www.ghostery.com/. You can learn more about your choices regarding certain kinds of online interest-based advertising in our privacy policy. We do not represent that these third party tools, programs or statements are complete or accurate, clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use.

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.

Deletion rights

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 privacy@bloominbrands.com or by sending a letter to

Attention: Legal Counsel
Bloomin’ Brands, Inc.
Suite 500
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.

Contact us

For more information regarding your California privacy rights, you may contact us at 866-265-0174 or email us at CAPrivacyRequest@bloominbrands.com or email us at CAPrivacyRequest@bloominbrands.com.

You may also write to us at:

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

Accessibility Statement

Bloomin’ Brands, Inc. is committed to facilitating and improving the accessibility and usability of its websites (www.bloominbrands.com; www.outback.com; www.carrabbas.com; www.bonefishgrill.com; www.flemingssteakhouse.com; and www.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. 

Terms & Conditions

Last Updated: January 1, 2020

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

Dine Rewards Terms & Conditions

Last Updated: January 1, 2020

The program

The Dine Rewards program (the “Program”) allows you to earn rewards in connection with your visits to participating Bloomin’ Brands, Inc. (“BBI”) restaurants: Outback Steakhouse®, Bonefish Grill®, Carrabba’s Italian Grill®, and Fleming’s Prime Steakhouse and Wine Bar®, and to redeem those cumulative visits 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 (with the exceptions noted in Section 19, below). 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 SECTION 19, 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.
• “Rewards Account” refers to the record of the visits 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 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 Dine Rewards Member or immediate family member of the Member must be present to earn rewards for the transaction. In addition to the rights set forth in Section 11 hereof, 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 and Fleming’s Prime Steakhouse & Wine Bar locations, which are subject to change from time to time at BBI’s discretion.

Enrollment and rewards

You may enroll in the Program by visiting our Website or mobile site and following the enrollment instructions. Each Member will have access to a personal Rewards Account page during the course of his/her membership. You may access your Rewards Account, by visiting the Website, and signing in to 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 Dine Rewards™ Program, you may begin earning Rewards by performing the qualifying activities described below. You will not receive credit for any activity that occurred prior to your enrollment. You may continue to earn Rewards so long as BBI, in its sole discretion, determines that you are eligible for participation in the Program.

Enrollment Bonus via Referral: Upon enrollment in the Program via a Referral link only, a Member will receive a bonus of $5 that can be used at Outback Steakhouse, Bonefish Grill or Carrabba’s Italian Grill participating locations, or $10 that can be used at Fleming’s Prime Steakhouse and Wine Bar participating locations. The Enrollment Bonus via Referral must be used within sixty (60) days from the date it was issued. The Enrollment Bonus via Referral is valid for food and non-alcoholic beverage purchases only, and has no cash value.

Referral Bonus: Members may be asked to refer friends or family to the Dine Rewards program using a special referral code unique to each Member ("Referral Link"). A Member will receive a referral bonus of $5 for each new Member: 1) that signs up for the Dine Rewards program using the Referral Link, and 2) has a minimum qualifying spend amount of $20 at any of our participating locations ($40 at Fleming’s) within sixty (60) days after signing up for the Program. The minimum qualifying spend amount means the amount of the bill excluding any purchases of gift cards and alcohol, and any applied discounts, enrollment bonus, taxes, and tip. The Referral Bonus awarded to the referring Member must be used within sixty (60) days from the date it is issued. Multiple Referral Bonus Rewards can be redeemed during a single visit up to a maximum of four (4) Referral Bonus Rewards for a daily Reward maximum total of $20. Effective June 15, 2018, a Member cannot accrue or obtain more than 10 Referral Bonus Rewards in a three hundred and sixty-five (365) day period. Referral Bonus Rewards cannot be used via online ordering or apps, and cannot be combined with any other Rewards that may be in the referring Member’s account. The Referral Bonus is valid for food and non-alcoholic beverage purchases only, and has no cash value. Members can share their Referral Link to friends and family but cannot post the link on any paid advertising mediums or through a bot. Upon discovery of use of a Referral Link posted on any paid advertising medium or via a bot, the Member’s Referral Bonuses will be invalidated.

Program Rewards: This Program is a frequency based Program that allows you to earn Rewards based on the number of visits (with a minimum spending requirement) at any of our brand participating locations, as described below.

a. In order to receive a Reward, you must visit any of our participating locations, at any of our brands, three (3) times in a rolling six (6) month period (beginning with your first visit after becoming a Member), and have a minimum qualifying spend per visit of $20 at Outback Steakhouse, Bonefish Grill or Carrabba’s Italian Grill, or $40 at Fleming’s Prime Steakhouse and Wine Bar. The minimum qualifying spend amount means the amount of your bill on each visit excluding any purchases of gift cards and alcohol, and any applied discounts, enrollment bonus, taxes, and tip. Each participating restaurant visit by a Member that meets the required minimum spend will be deemed a single qualifying visit for purposes of the Program. Each Member’s visit to a participating location may qualify only once as a qualifying visit. You must identify yourself as a Member to your server for a qualifying visit to be credited to your Reward Account. Members are limited to a maximum of two (2) qualifying visits per calendar day at least two (2) hours apart.

b. Upon successfully achieving the required visits and minimum qualifying spend, your Rewards Account will be credited with a Reward consisting of 50% off of your next (4th) visit to participating location, limited to the maximum discount as described below

c. Members visiting our participating brand locations may redeem their Reward as follows: 50% off (up to a maximum discount of $20) at Outback Steakhouse, Bonefish Grill or Carrabba’s Italian Grill, or 50% off (up to a maximum discount of $40) at Fleming’s Prime Steakhouse and Wine Bar.

d. Reward discount may not be applied toward the purchase of gift cards, alcohol, taxes or tip. Reward discount may not be applied toward the purchase of gift cards, alcohol, taxes or tip. Reward discount may not be combined with any other coupon, offer or discount.

e. The Reward must be used within ninety (90) days from the date it was issued.

f. Only 1 unique Rewards account can be used per Guest Check.

Additional rewards opportunities

From time to time we may award bonus Rewards for other activities or purchases. The terms and conditions for each award may vary, including how bonus Rewards are earned, how the activity or purchase amount eligible for bonus Rewards is determined, and when the applicable Reward expires. Any such Reward will be subject to these Terms and Conditions and any additional terms and conditions applicable to the Reward. To redeem a Perk, a minimum spend of $20 at Outback Steakhouse, Carrabba’s Italian Grill and Bonefish Grill or $10 off minimum spend of $40 at Fleming’s Prime Steakhouse and Wine Bar is required. Perks must be used within 21 days from the date it was issued. Perks are valid for food and non-alcoholic beverage purchases only, and has no cash value.

When rewards are credited

Rewards will be credited to your Rewards Account within 24-48 hours from the time they are earned.

Statement of rewards

Your Rewards Account will show accumulated totals for Rewards earned, adjusted and redeemed, and your current Rewards balance. You may access your Rewards Account:

a. By logging on directly to the Program Website; or

b. By calling our toll-free number 877-546-7407.

You must report any errors in your Rewards Account that are related to Rewards earned, adjusted or redeemed within thirty (30) days after the date the error appears on the account. We have no obligation to correct any errors reported after this 30-day period and any such corrections will be made at our sole discretion. To receive credit for a visit, an itemized receipt or credit card payment receipt that contains the date of the visit and the total amount spent must be submitted. A Member can submit the request at https://www.dine-rewards.com/dashboard/contact-us/add-a-visit or by contacting our Rewards Service Center at 877-546-7407 or  dinerewards@bloominbrands.com. In order to receive credit, you must be a registered Member at the time of the visit. We will not be liable for any damages resulting from any failure to credit Rewards to your Rewards Account in a timely manner.

Redeeming rewards

Members may redeem Rewards:

a. By visiting a participating restaurant location and identifying himself/herself as a Member to their server and asking for the server to apply the reward discount.

You can redeem a Reward only if your Rewards Account shows that you have the required number of visits for that particular Reward. When you redeem a Reward, we will subtract the Reward from your total accumulated balance as shown on your Rewards Account. Rewards that have not yet been credited to your Rewards Account are not available and cannot be redeemed until such time as they have been credited to your account. Members may earn only those Rewards described on the Program Website, as may change from time to time at our sole discretion. From time to time, we may send you electronic updates of current Rewards.

All Rewards are subject to availability, have no cash value, are non-transferable, and cannot be purchased or sold for cash. Additional restrictions may apply. Bloomin’ Brands and the Administrator may alter, substitute, withdraw, change, discontinue, temporarily suspend, terminate or replace any Reward for any reason at any time without notice to you. Neither the Administrator, Suppliers, nor Bloomin’ Brands guarantees or represents that any specific Reward will be available for any particular length of time. Neither the Administrator, Suppliers, nor Bloomin’ Brands will be responsible for errors, omissions, or delays in the handling or delivery of Rewards.

Unredeemed Rewards will expire ninety (90) days from the date on which they were credited to your Rewards Account. Rewards will be redeemed and/or expired on a first-in, first-out basis. Rewards have no partial or residual value. Rewards cannot be combined or reinstated, and cannot be bought, sold or transferred in any way.

Tax liability and fees

You will be responsible for any federal, state, or local taxes resulting from your earning or redeeming Rewards.

Program changes and termination

The Program is offered at the sole discretion of BBI. We reserve the right, in our sole discretion and at any time: (a) to terminate or suspend the Program, in whole or in part; and (b) to add, delete, or otherwise change any of the Terms and Conditions, including changes to fees and charges, changes to the activities by which Rewards may be earned, and changes that may reduce or cancel the redemption value of Rewards credited but not yet redeemed. If we change the Terms and Conditions to provide Rewards for a new activity, no Rewards will be awarded for any activity that occurred prior to the effective date of the change. We may change the Terms and Conditions without prior notice to you, but the current version of the Terms and Conditions will be posted on the Program Website. By continuing to participate in the Program following any change in the Terms and Conditions, you are accepting the changes to the Terms and Conditions.

In addition, we reserve the right to terminate your participation in the Program and to invalidate all or a portion of your Rewards balance, whether or not credited to your Rewards Account (a) in the event of any abuse or fraud relating to the earning or redemption of Rewards, and/or any violation of the Terms and Conditions (including any attempt to sell, exchange, encumber or transfer Rewards); or (b) for your failure to meet eligibility requirements. We reserve the right, in our sole discretion, to determine whether termination or disqualification is appropriate. We reserve the right to deny access to your account or account history in the event your account is terminated. These rights are in addition to any other legal or equitable remedy that may be available to Bloomin’ Brands under applicable law.

You may terminate your participation in the Program at any time by contacting us at 877-546-7407. A period of extended inactivity on a Rewards Account may result in the termination of such account. In the event we terminate the Program, your Rewards Account, or you terminate your participation in the Program, within the ninety (90) days following this event you may redeem any Rewards that have been credited to your Rewards Account, unless such Rewards have been invalidated as set forth in the preceding paragraph, in accordance with these Terms and Conditions. You will forfeit any Rewards that you do not redeem within this ninety (90) day period.

If you are a California resident and wish to make a request pursuant to the California Consumer Protection Act with respect to your personal information please refer to our CCPA Consumer Privacy Notice for information as to how to make a request.

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. BBIthe 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. BBI. is a trademark of Bloomin’ Brands, Inc.

Communications with you

We may communicate with you regarding any matter related to the Program by mail, telephone 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).

Information we collect and use

Information collected from Members is subject to Sponsor’s Privacy Policy, located at http://www.bloominbrands.com/ourcompany/privacypolicy.aspx. 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 Bloomin’ Brands Privacy Policy at any time from any Bloomin’ Brands customer service representative by calling 877-645-7407 or by visiting http://www.bloominbrands.com/ourcompany/privacypolicy.aspx

Disputes

a. 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.

b. 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.

c. 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.

d. 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.

e. 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 Bloomin’ Brands in enforcing the provisions of these Terms and Conditions in any given instance will in any way prejudice or restrict the rights of Bloomin’ Brands nor will any waiver of rights by Bloomin’ Brands 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 dinerewards@bloominbrands.com or call our toll-free number: 877-546-7407.

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.