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
Fleming’s Prime Steakhouse & Wine Bar, Outback and Carrabba’s Express, and/or Aussie Grill.
Gift Cards must have a corresponding four-digit pin to be redeemed. A physical, plastic Gift Card must be
presented in person to redeem any Gift Card that was previously issued without a four-digit pin. Gift
Cards are redeemable at all Bloomin’ Brands locations in the United States including Outback
Bonefish Grill, Carrabba’s Italian Grill, Fleming’s Prime Steakhouse & Wine Bar, Outback and
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
and may not be redeemed for cash except as required by applicable law.
For balance inquiries and to obtain information about Gift Cards, visit
https://www.bloominbrands.com/giftcards, or call
Gift Cards do not expire and are not subject to any service fees.
Lost, damaged, or stolen Gift Cards will not be replaced, and Bloomin’ Brands will not be responsible
your Gift Card is used without your permission. Title to and risk of loss for Gift Cards pass to the
purchaser upon sale. Please treat your Gift Card like cash and safeguard it accordingly.
Bloomin’ Brands and its affiliates, in their sole discretion, reserve the right to refuse to accept
Cards that they suspect were obtained fraudulently or are presented for redemption in a fraudulent manner.
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,
or liabilities made against or incurred by any of them in connection with your use of the Gift Card or
violation of any of these Terms.
From time to time, Bloomin’ Brands may offer promotional cards labelled as “Bonus Cards.”
Bonus Cards are
not Gift Cards. Bonus Cards are also subject to terms and conditions that control their use and
redemption. Please see the specific Bonus Card for terms and conditions.
GIFT CARDS ARE PROVIDED ON AN 'AS IS' BASIS, AND BLOOMIN’ BRANDS DISCLAIMS ALL WARRANTIES OF ANY
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
NOT REPRESENT OR WARRANT THAT YOUR GIFT CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. BLOOMIN’ BRANDS
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
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.
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:
- 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
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 will not take any legal action, including filing a
lawsuit or demanding arbitration, until ten (10) business days after you send a Demand. If
does not resolve the disagreement to your satisfaction within such ten (10) business days, and you
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
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
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
Act allows for the enforcement of arbitration agreements, and you agree that it applies;
- you will not
file any lawsuit against Bloomin’ Brands in any state or federal court. You waive any right to a
a jury or a state or federal judge. You agree that if you sue Bloomin’ Brands in state or federal
and Bloomin’ Brands brings a successful motion to compel arbitration, you must pay all fees and
incurred by Bloomin’ Brands in court, including reasonable attorneys’ fees. You will not
action or collective action against Bloomin’ Brands, and you will not participate in a class
collective action against Bloomin’ Brands. You will not join your claims to those of any other
- 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
County, Florida. Under no circumstances do you or Bloomin’ Brands agree to class or collective
in arbitration or the joinder of claims in arbitration;
- any and all claims, judgments and awards shall
be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and
- under no
circumstances will you be permitted to obtain awards for, and YOU HEREBY WAIVE ALL RIGHTS TO CLAIM,
INDIRECT, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, other than for actual
out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
The Federal Arbitration Act, applicable federal laws, and the laws of the State of Florida, USA, are the
applicable laws to the interpretation, validity, enforceability, and construction of these Terms or the
rights and obligations of you and Bloomin’ Brands in connection with the Terms, and all matters
to Gift Cards and the use of Gift Cards, without regard to principles of conflict of laws, but subject to
the Federal Arbitration Act and other federal law relating to the arbitrability of claims.
We reserve the right to make changes to these Terms at any time and will provide notice of such changes
as required by law. If any of these Terms shall be deemed invalid, void or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and enforceability of any