BLOOMIN’ BRANDS GIFT CARD TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Your purchase and use of Bloomin' Brands Gift Cards and eGift Cards (collectively, "Gift Cards") constitutes your agreement to be bound by these terms and conditions (the “Terms”). Our Gift Cards may be branded under the name Bloomin' Brands, Outback Steakhouse, Bonefish Grill, Carrabba's Italian Grill, Fleming's Prime Steakhouse & Wine Bar, Outback and Carrabba's Express, and/or Aussie Grill.

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.