Effective Date: July 18, 2016.
Welcome! You have arrived at our U.S web site located at www.RedLobster.com, our Canadian web site located at www.RedLobster.ca (“Canadian Service”), and/or are otherwise interacting with our Service (defined below), which is owned and operated by Red Lobster Management LLC or our affiliates (collectively, “Red Lobster” “we,” “our,” or “us”). These Terms govern your use of any online service location (e.g., website or mobile app) that posts a link to these Terms (each a “Site” except when we refer only to our mobile apps, in which case an “App”) (including both mobile and online versions). It also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that (i) we own and control and make available through a Site, and/or (ii) that post or link to these Terms (collectively, with the Sites and Apps, the “Service”), regardless of how you access or use it, whether via computer, mobile device or otherwise. Our Canadian Service is intended for use by Canadian residents and our other Services are intended for use by U.S. residents.
By using the Service, you acknowledge and accept the Service’s Privacy Notice available at www.RedLobster.com and www.RedLobster.ca and, subject to special rights for the Canadian Service set forth therein, consent to the collection and use of your data in accordance with the Privacy Notice and further agree that Red Lobster may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service.
Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms then posted (subject to Section IV (Standard Terms), Subsection A below. Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms (subject to applicable law) – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and arbitration of certain disputes (and class action and jury waiver) – we would not make the Service available to you.
Click on one of the links below to jump to the listed section:
I. Rights and Responsibilities Terms
- Service Content, Ownership, Limited License, and Rights of Others
- Content You Submit
- Service and Content Use Restrictions
- Links by You to the Service
- California Consumer Rights and Notices
- Canadian Residents Rights and Notices
II. Accounts and Features Terms
- Rewards Program
- Third Party Services; Advertisements; Dealings with Third Parties
- Wireless, Messaging and Location-Based Features
- Devices and Connectivity
- Gift Card and E-Gift Cards
- Notices, Questions and Customer Service
III. Infringement and Disputes Terms
- Procedure for Alleging Copyright Infringement
- Procedure for Alleging Infringement of Other Intellectual Property
- Applicable Law
- Dispute Resolution
- Dispute Resolution Where Arbitration Is Not Available
- Disclaimer of Representations and Warranties
- Limitations of Liability
- Waiver of Injunctive or Other Equitable Relief
IV. Standard Terms and Conditions
- Updates to Terms
- Accuracy, Completeness and Timeliness of Information on the Service
- Red Lobster’s Consent or Approval
- Operation of Service; Availability of Products and Services; International Issues
- Export Controls
- Severability; Interpretation
- Electronic Communications and Contracting
- Investigations; Cooperation with the Law; Termination; Survival
- Terms for Apple Users
- Entire Agreement; Admissibility; No Waiver
I. RIGHTS AND RESPONSIBILITIES TERMS
A. SERVICE CONTENT, OWNERSHIP, LIMITED LICENSE, AND RIGHTS OF OTHERS
1. Limited Usage License.
All content on the Service (including, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“ Content”), is the exclusive property of and owned by Red Lobster, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Subject to your strict compliance with these Terms and the Additional Terms, Red Lobster grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download and copy (temporary storage only), display, view, use, and play the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “ Device”), and/or print one copy of the Content (excluding source and object code in raw form or otherwise ) as it is displayed to you, in each case for your personal, non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content on the Service, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Service, or use of the Service for purposes competitive to Red Lobster, is expressly prohibited without the prior written consent of Red Lobster. You agree to abide by all additional restrictions displayed on the Service as it may be updated from time to time. Red Lobster does not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Service or your communications to us through or related to the Service. Red Lobster, or its licensors or content providers, retain full and complete title to the material provided on the Service, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Red Lobster’s sole discretion. Red Lobster neither warrants nor represents that your use of materials on the Service will not infringe rights of third parties not affiliated with Red Lobster.
2. Our Trademarks and Copyrights.
You or third parties acting on your behalf are not allowed to use our name, logo and proprietary marks (“Trademarks”) in a manner that dilutes or disparages them, suggests an endorsement or makes a trademark use of them. Our Trademarks include, but are not limited to, Red Lobster®, Cheddar Bay Biscuits®, Lobsterfest®, Endless Shrimp®, and Sea Food Differently®. You may not use frames or utilize framing techniques or technology to enclose any Content included on the Service without Red Lobster’s express written consent. Further, you may not utilize any of our Trademarks or Content in any meta tags or any other “hidden text” techniques or technologies without Red Lobster’s express written consent. The Service and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. Any unauthorized use of any Content or the Service for any purpose is prohibited.
3. Rights of Others.
In using the Service, you must respect the intellectual property and other rights of Red Lobster and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Red Lobster respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see Section III (Infringement/Disputes), Subsection A below.
4. Reservation of All Rights Not Granted as to Content and Service.
Trademarks, logos and service marks displayed on the Service are registered and unregistered trademarks of Red Lobster, its licensors, or suppliers, other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Service shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Service without the owner’s prior written permission, except as otherwise described herein. All rights not expressly granted to you are reserved by Red Lobster and its licensors and other third parties.
B. CONTENT YOU SUBMIT
Red Lobster may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submit to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a Red Lobster sweepstakes or contest, or by mail) (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding and Content or other Red Lobster materials included therein, “User-Generated Content”). You acknowledge that you are responsible for any User-Generated Content you may submit, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not submit any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, advertising or promotion of your or third parties’ products or services, or any form of “spam.” You may not submit a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not submit commercial content.
If you do submit User-Generated Content, and unless we indicate otherwise, you continue to own your User-Generated Content, but to the extent permitted by applicable law you grant Red Lobster an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, and by all manners, now and hereafter known or devised, whether in connection with the particular promotion, if any, for which the User-Generated Content was submitted or otherwise. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Red Lobster to your User-Generated Content, to the extent permitted by applicable law, you also hereby grant to Red Lobster, and agree to grant to Red Lobster, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section I (Rights/Responsibilities), Subsection B.
Without limiting the above grant of rights, you further acknowledge and agree that Red Lobster is free to use any ideas, concepts, know-how that you or individuals acting on your behalf submit to Red Lobster without any obligation to you or others (including compensation or attribution). Except as otherwise described in the Service’s Privacy Notice posted at www.RedLobster.com and www.RedLobster.ca, or any Additional Terms, you agree that your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned. You represent and warrant that you own or otherwise control all the rights to the content you submit; that you have permission from all individuals who appear or who are mentioned in the content you submit or participated in the creation of the submission; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify and hold Red Lobster harmless for all claims resulting from content you supply. Upon Red Lobster’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any applicable Additional Terms.
Red Lobster may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display. See the Privacy Notice available at www.RedLobster.com and www.RedLobster.ca for more information.
C. SERVICE AND CONTENT USE RESTRICTIONS
1. Service Use Restrictions.
You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Red Lobster, use the Service for any political or commercial purpose (including, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use contact information provided on the Service for unauthorized purposes, including marketing; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, discriminatory, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Red Lobster; (iv) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service or alter transmission data; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Red Lobster, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users in compliance with applicable laws); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or provide false or misleading representations in the sender information, subject line, locator, or content of any electronic message for the purpose of misleading others; or (x) otherwise violate these Terms or any applicable Additional Terms or applicable law.
2. Content Use Restrictions.
You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not use the Content or Service in a manner that is competitive with or harmful to Red Lobster; (iii) will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our, or our licensors’, products, services, or brands; (v) will not make any modifications to such Content (other than to the extent expressly permitted by Additional Terms, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Red Lobster, or, in the case of Content from a licensor, the owner of the Content; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
3. Availability of Service and Content.
As permitted by applicable law, Red Lobster may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Red Lobster’s sole discretion, and without advance notice or liability.
D. LINKS BY YOU TO THE SERVICE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Red Lobster or cause any other confusion, and (c) the links and the content on your website do not portray Red Lobster or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Red Lobster. Red Lobster reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
You agree to, and you hereby, defend, indemnify, and hold Red Lobster and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Red Lobster Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorney’s fees) that directly or indirectly arise from or are related to any claim, suit, action, demand or proceeding made or brought against any Red Lobster Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User-Generated Content; (ii) your (or anyone acting under your user name and password) use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Red Lobster Parties’ use of the information that you submit to us (including your User-Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Red Lobster Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Red Lobster Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Red Lobster Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Red Lobster. This Section E is not intended to limit any right you may have (if any) under applicable law, subject to the remainder of these Terms and any applicable Additional Terms, to seek to recover direct damages to you, including for personal injury arising out of product liability, to the extent caused by us.
F. CALIFORNIA CONSUMER RIGHTS AND NOTICES
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Their website is located at: http://www.dca.ca.gov.
California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Notice posted at www.RedLobster.com.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at the e-mail address set forth in Section II (Accounts/Features), Subsection G below.
G. CANADIAN RESIDENTS RIGHTS AND NOTICES
Our Canadian Service is operated under the laws of Canada, which may require different responsibilities for us in the operation thereof and different rights for users thereof. For instance, Section 7(b) of our Privacy Notice outlines different privacy practices that apply to our Canadian Service and restaurants located in Canada. Our Canadian Service is intended for use by Canadian residents and our other Services are intended for use by U.S. residents. Our Canadian Services are not intended to be offered in Québec and we have no restaurants there. Our Apps are only intended for U.S. residents and will only function as intended in connection with certain participating restaurants located in the U.S.
II. ACCOUNTS AND FEATURES TERMS
A. REWARDS PROGRAM
In order to access or use some (or potentially all) of the features on the Service, you may first be required to register an account. By registering at and in consideration of your use of the Service you agree to provide true, accurate, current and complete information about yourself. The Service’s practices governing any resulting collection use, disclosure and management of your personal information are disclosed in its Privacy Notice posted at www.RedLobster.com and www.RedLobster.ca. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise use the Service or submit personal information to us.
Some features on the Service may require use of a password. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may provide you a randomly generated initial password) and you agree that: (i) you will not use a username (or email address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive; we may reject the use of any password, username, or email address for any other reason in our sole discretion; (ii) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it including on your profile page, continuously and promptly to keep it accurate, current, and complete; (iii) you are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) you will not sell, transfer, or assign your account or any account rights. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Red Lobster immediately as set forth in Section II (Accounts/Features), Subsection G below. You agree that you are solely responsible for any activity that occurs under your account. While we try to address actual and suspected account fraud, we undertake no responsibility for any loss that you may incur as a result of someone else using your account, either with or without your knowledge and regardless of Red Lobster’s knowledge or suspicion.
We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.
If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.
C. THIRD PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES
1. Third-Party Content and Sites; Advertisements.
The Service may contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Red Lobster (collectively, “Third-Party Services”), including services operated by advertisers, licensors, licensees, e-commerce partners and certain other third parties who may have business relationships with Red Lobster. This may include the ability to register or sign in to our Services using Facebook Connect or other third party tools, and to post content on third party sites and services using their plug-ins made available on our Services. We may also host our content, apps and tools on Third-Party Services. Red Lobster may have no control over the content, operations, policies, terms, or other elements of Third-Party Services, and Red Lobster does not assume any obligation to review any Third-Party Services. Red Lobster does not necessarily endorse, approve, or sponsor any Third-Party Services, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Red Lobster is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Services. Some Third-Party Services may impose fees for access to their resources through our Service and/or your account and you are responsible for all such fees. Finally, to the extent permitted by law, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Services. RED LOBSTER DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
2. Dealings with Third Parties.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). For more information about the implications of activating these Third-Party Services and our use, storage and disclosure of information related to you and your use of such services within our Service, please see our Privacy Notice posted at www.RedLobster.com and www.RedLobster.ca. You hereby agree to indemnify Red Lobster Parties against all claims, injury and/or damages including, without limitation, legal and attorneys’ fees, that arise out of your use of any Third Party Service, including without limitation from any material that you post on any forum or social networking site in connection with us and/or any other claim related to your use of social media.
As permitted by applicable law, you hereby grant Red Lobster an irrevocable, perpetual license to use, reproduce, edit, create derivative works from, distribute, display, copy, transmit or otherwise use in any way, commercially or otherwise, any material that you post to any social networking site or other Third-Party Service in connection with us or our Service.
D. WIRELESS, MESSAGING AND LOCATION-BASED FEATURES
1. Wireless Features.
The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are responsible. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
2. Terms of Wireless Features.
You agree that as to the Wireless Features for which you are registered for, we may send communications via such features or apps to your wireless Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features consistent with our Privacy Notice posted at www.RedLobster.com and www.RedLobster.ca. If you have registered via the Service for Wireless Features, then you agree to notify Red Lobster of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are the age of majority where you reside, or have obtained parental consent. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at: 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383 (Attn: Legal Department).
You may cancel or modify our email marketing communications you receive from us by following the instructions contained within our promotional emails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of emails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
Our e-mail and text messaging activities in connection with our Canadian Service are subject to applicable Canadian law that provides differing rights and responsibilities than apply under U.S. law. See Section 7(b) of our Privacy Notice posted at www.RedLobster.ca for additional information on our Canadian Service and operations privacy practices.
4. Location-Based Features.
If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), or on your Device, or use our or third party Wi-Fi or Bluetooth services, you acknowledge that your Device location may be tracked and may be shared with others consistent with the Privacy Notice posted at www.RedLobster.com and www.RedLobster.ca. Some mobile app(s) or feature(s), and your Device may, allow for you to disable some location-based features or manage preferences related to them. However, you can terminate Device location tracking by us through our App by uninstalling the App.
E. DEVICES AND CONNECTIVITY
We do not warrant that the software provided by Red Lobster to utilize the Service or any other software used in connection with the Service will be compatible with other third party software nor do we warrant that operation of the Service and the associated software will not damage or disrupt other software or hardware. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all Internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them. You further agree to look solely to the entity that manufactured and/or sold you the Device for any issues related to the Device and its compatibility with the Service and/or the Red Lobster software.
By using the Service, you agree that Red Lobster may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Service (e.g., save content, access data, enable services, etc.) as permitted by applicable law. For instance, our U.S. Rewards App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device, for reasons such as showing you the location of things or people near you; saving App images, sound files and writing usage logs to the Device; sending Facebook, Twitter and other messages you initiate; sending and receiving data needed for App operations; and to provide you notice when you are not connected to a network. As permitted by applicable law, you consent to these activities by installing the App or otherwise using the Service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.
You must be connected to the Internet for the entire time you are using the Service, the cost and provisions of which is your responsibility. The quality of the display of the Content may vary from Device to Device, and may be affected by a variety of factors, such as your Device, your location, the bandwidth available through and/or speed of your Internet connection. Red Lobster makes no representations, conditions or warranties about the quality of your Service experience on your Device or the ability of any Device to access or display the Content. In order to stream or download Content, your equipment must meet certain system requirements, including but not limited to having high-speed Internet access.
Any issues related to the Service and/or the Red Lobster software, including any system requirements, are covered and limited by this Agreement. Please refer to the Disclaimer of Representations and Warranties in Section III (F) and Limitations of Liability in Section III (G) provisions set forth in these Terms.
F. GIFT CARDS AND E-GIFT CARDS
G. NOTICES, QUESTIONS AND CUSTOMER SERVICE
You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or e-mail sent to the address provided by you. You acknowledge that any customer support we provide is at Red Lobster’s sole discretion and that we have no obligation to provide you with customer support of any kind.
844-755-3425, ext. 2
Red Lobster Management LLC
Compliance and Ethics Office
450 S. Orange Ave., Suite 800
Orlando, FL 32801-3383
If you are contacting us specific to our Canadian Service or restaurants, include “Canadian Service Request” in the first line of your written communication, and include your name and contact information and explain your request or inquiry in detail.
III. INFRINGEMENT AND DISPUTES TERMS
A. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
1. In General.
Red Lobster is under no obligation to post, host, display, store or otherwise provide any material available on the Service, including material you provide to us, and we reserve the right to take actions reasonably calculated in our discretion to maintain the Service and its content in keeping with our brand and the purpose of the Service. However, we have no obligation to monitor the Service for infringing or offensive content and our only commitment to respond to infringement complaints is as set forth in this Section III (Infringement/Disputes), Subsection A.
2. DMCA Notice.
We respect the intellectual property rights of others and request that you do the same. You are hereby informed that in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Red Lobster has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Service who are repeat copyright infringers. If you believe your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed via the Service, you may notify our agent:
Red Lobster Management LLC
450 S. Orange Ave., Suite 800
Orlando, FL 32801-3383
844-755-3425, ext. 1
To be effective, your notification must (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:
- A legend or subject line that says: “DMCA Copyright Infringement Notice”;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement under penalty of perjury from the complaining party that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If access on the Service to a work that you submitted to Red Lobster is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may notify our agent at the above address through a DMCA Counter-Notification.
To be effective, your DMCA Counter-Notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
- A legend or subject line that says: “DMCA Counter-Notification”;
- Identification of the work claimed that was removed or access to which was disabled, or, if works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that was removed or access to which was disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement from the complaining party that it consents to the jurisdiction of the Federal District Court for the judicial district in which its address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the Federal Court in the County of Orlando, Florida), and that the complaining party will accept service of process from the person who provided DMCA notification to us or an agent of such person;
- A statement under penalty of perjury from the complaining party that it has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work that was removed or access to which was disabled.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
B. PROCEDURE FOR ALLEGING INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY
If you believe your intellectual property other than copyrights, or the intellectual property other than copyrights of a person on whose behalf you are you are authorized to act has been infringed, you may notify our agent at the above address.
To be effective, your notification must (i) be in writing, (ii) be provided to our agent, and (iii) include substantially the following:
- A legend or subject line that says: “Intellectual Property Infringement Notice”;
- Identification of the intellectual property claimed to have been infringed, or, if multiple properties at a single online Site are covered by a single notification, a representative list of such properties at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the intellectual property in the manner complained of is not authorized by the owner, its agent, or the law;
- A statement under penalty of perjury from the complaining party that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to Red Lobster with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
C. APPLICABLE LAW
We recognize that it is possible for you to obtain access to the Service from any jurisdiction in the world, but we have no practical ability to prevent such access. The operation of the Service is subject to the laws of the State of Florida and of the United States, with the exception that Canadian Service is subject to Canadian laws that are required to be applicable to it. If any material on the Service, or your use of the Service, is contrary to the laws of the place where you are when you access it, the Service is not intended for you, and we ask you not to use the Service. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
D. DISPUTE RESOLUTION
Certain portions of this Section III(D) are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Red Lobster agree that we intend that this Section III(D) satisfies the “writing” requirement of the Federal Arbitration Act. This Section III(D) can only be amended by mutual agreement.
1. First – Try to Resolve Disputes.
If any controversy, allegation, or claim arises out of or relates to the Service, the Content, your User-Generated Content, these Terms, or any Additional Terms (collectively, “Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section III(D)(1). Your notice to us must be sent in writing to: Red Lobster Management LLC, 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383, (Attn: Legal Department). For a period of sixty (60) days from the date of receipt of notice from the other party, Red Lobster and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or Red Lobster to resolve the Dispute on terms with respect to which you and Red Lobster, in each of our sole discretion, are not comfortable.
2. Alternative Dispute Resolution.
As permitted by applicable law, if a Dispute arises and the parties have not been successful in resolving such dispute through negotiation, as set forth in Section III(D)(1) within sixty (60) days of receipt of the notice, the parties agree to attempt to resolve the dispute through mediation by submitting the dispute to a sole mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration Association (“ AAA”). Any such mediation will be held in Orange County, Florida, or at your request telephonically. Each party shall bear its own expenses, except Red Lobster shall pay the expenses of the mediator and the mediation fees of the AAA. All defenses based on passage of time shall be suspended pending the termination of the mediation. Subject to Section III(D)(3), nothing in this clause shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending mediation. In the event mediation is unsuccessful, the parties agree to submit the matter for binding arbitration by AAA and in accordance with the AAA then-current Consumer Arbitration Rules.
a. Process and Forums.
If the Dispute has a claimed valued of less than $10,000, the proceeding will be resolved by written submissions unless you request a telephonic or live hearing, or unless the arbitrator determines one is necessary. If the Dispute has a claimed value of not more than $250,000, then the arbitration will be heard and determined by a single neutral arbitrator who is a retired judge or a lawyer with not less than fifteen (15) years’ experience as a practicing member of the bar in the substantive practice area related to the Dispute, who will administer the proceedings in accordance with the AAA’s Supplementary Procedures for Consumer Related Disputes. If the Dispute has a claimed value of more than $250,000, or if Red Lobster elects in its sole discretion to bear the costs of arbitration in excess of those that would occur for a proceeding before a single neutral arbitrator, then the arbitration will be heard and determined by a three-member panel, with one member to be selected by each party and the third (who will be chair of the panel) selected by the two party-appointed members or by the AAA in accordance with the Commercial Arbitration Rules. The arbitrator or arbitration panel, as the case may be, will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim.
b. Nature, Limitations, and Location of Alternative Dispute Resolution.
In arbitration, the arbitrator must honor the terms of these Terms (and any Additional Terms) and can award the prevailing party damages and other relief. HOWEVER, WITH ARBITRATION (A) THERE IS NO JUDGE OR JURY, (B) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (C) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED. All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing. If an in-person arbitration hearing is required, then as permitted by applicable law it will be conducted in the closest major metropolitan area (for the U.S. determined as “metropolitan statistical area” defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the arbitration administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Red Lobster to pay a greater portion or all of such fees and costs in order for this Section III(D) to be enforceable, then Red Lobster will have the right to elect to pay the fees and costs and proceed to arbitration. Discovery will be permitted pursuant to the applicable arbitration rules. The arbitrator’s decision must consist of a written statement stating the disposition of each claim of the Dispute, and must provide a statement of the essential findings and conclusions on which the decision and any award (if any) is based. Judgment on the arbitration decision and award (if any) may be entered in or by any court that has jurisdiction over the parties. This arbitration provision shall survive termination of these Terms or the Service.
3. Injunctive Relief.
4. No Class Action Matters.
To the extent permitted by applicable law, disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND RED LOBSTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section III(D)(2) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section III(D)(5). Notwithstanding any other provision of this Section III(D)(4), any and all issues relating to the scope, interpretation and enforceability of this Section III(D)(4), including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
5. Federal and State Courts in Orange County, Florida and No Jury Trial.
The following provisions apply to the extent permitted by applicable law. Except to the extent that arbitration is required in Section III(D)(2), and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or federal court in Orlando, Orange County, Florida. Accordingly, you and Red Lobster consent to the exclusive personal jurisdiction and venue of such courts for such matter. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.
6. Small Claims Matters Are Excluded From Arbitration Requirement.
Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes in small claims court, subject to Section III(D)(5).
7. Disputes with Other Users
You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
E. DISPUTE RESOLUTION WHERE ARBITRATION IS NOT AVAILABLE
This Subsection III(E) applies if, and only to the extent that, the mandatory laws in your jurisdiction of residence do not permit arbitration of Disputes in accordance with Section III(D) or the parties have not otherwise agreed to arbitration if required by applicable law.
1. Section III(E) Disputes.
To the fullest extent permitted by applicable law, if any controversy, allegation, or claim arises out of or relates to the Site, the Content, your User-Generated Content, these Terms, or any Additional Terms, or to any of Red Lobster’s actual or alleged intellectual property rights (collectively, a “Section III(E) Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Section III(E), along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Subsection C.5. Your notice to us must be sent to: Red Lobster Management LLC, 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383 (Attn: Legal Department). Subject to applicable law, for a period of sixty (60) days from the date of receipt of notice from the other party, Red Lobster and you will engage in a dialogue in order to attempt to resolve the Section III(E), though nothing will require either you or Red Lobster to resolve the Section III(E) on terms with respect to which you and Red Lobster, in each of our sole discretion, are not comfortable
The parties agree that the state or federal courts in Orlando, Florida shall have non-exclusive jurisdiction of any Section III(E), unless otherwise required by applicable laws of your jurisdiction of residency.
3. Governing Law.
To the maximum extent permitted by the mandatory laws in your jurisdiction of residence, these Terms and any Section III(E) arising out of or in connection with it or its subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the State of Florida without regard to its conflicts of law provisions.
4. Injunctive Relief.
F. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
AS PERMITTED BY APPLICABLE LAW: (1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; (2) THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (3) WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME; (4) RED LOBSTER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SERVICE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SERVICE WILL BE SECURE; THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SERVICE WILL BE COMPLETE, ACCURATE OR TIMELY; (5) IF YOU DOWNLOAD ANY MATERIALS FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS, AND NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RED LOBSTER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR CONDITION OF ANY KIND; (6) RED LOBSTER DOES NOT MAKE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
The above disclaimer of warranties (i) does not apply to product warranties from manufacturers or, for purposes of certainty, the products and services obtained at our brick and mortar restaurants; and (ii) does not limit any otherwise legally available right of relief you may have under applicable laws (if any) to recover for personal injury arising out of product liability.
G. LIMITATIONS OF LIABILITY
AS PERMITTED BY APPLICABLE LAW: (1) YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE; (2) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK; (3) UNDER NO CIRCUMSTANCES WILL ANY RED LOBSTER PARTIES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, OR ANY OTHER THIRD-PARTY SERVICES YOU ACCESS THROUGH A LINK FROM THE SERVICE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, RED LOBSTER’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF RED LOBSTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES; (4) THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS; AND, (5) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER RED LOBSTER NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE.
AS PERMITTED BY APPLICABLE LAW, EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, IN NO EVENT WILL RED LOBSTER PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID RED LOBSTER IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY RED LOBSTER OR A MANUFACTURER OF A PHYSICAL PRODUCT.
The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Red Lobster Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
The above limitations or exclusions (i) do not apply to product warranties from manufacturers or, for purposes of certainty, the products and services obtained at our brick and mortar restaurants; and (ii) does not limit any otherwise legally available right of relief you may have under applicable laws (if any) to recover for personal injury arising out of product liability.
H. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY RED LOBSTER (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF RED LOBSTER; PROVIDED, HOWEVER, SUCH SHALL NOT LIMIT YOUR ABILITY TO SEEK OTHER EQUITABLE RELIEF, SUBJECT TO THESE TERMS AND ANY APPLICABLE ADDITIONAL TERMS .
IV. STANDARD TERMS AND CONDITIONS
A. UPDATES TO TERMS
As permitted by applicable law, these Terms (or, if applicable, Additional Terms), in the form posted at the time of your use of the applicable services to which it applies, shall govern such use (including transactions entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED AS PERMITTED BY APPLICABLE LAW. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). As permitted by applicable law, any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the Service will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You should frequently check the home page and the e-mail you associated with your account for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by discontinuing use of the Service and related services.
B. Accuracy, Completeness and Timeliness of Information on the Service
Red Lobster is not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk. The Service may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service. You agree that it is your responsibility to monitor changes to the Service.
C. RED LOBSTER’S CONSENT OR APPROVAL
As to any provision in these Terms or any Additional Terms that grants Red Lobster a right of consent or approval, or permits Red Lobster to exercise a right in its “sole discretion,” Red Lobster may exercise that right in its sole and absolute discretion. No Red Lobster consent or approval may be deemed to have been granted by Red Lobster without being in writing and signed by an officer of Red Lobster.
D. OPERATION OF SERVICE; AVAILABILITY OF PRODUCTS AND SERVICES; INTERNATIONAL ISSUES.
Red Lobster controls and operates the Service from its U.S.-based offices in the U.S.A., and Red Lobster makes no representation that the Service is appropriate or available for use beyond the U.S.A., except that that the Canadian Service will be operated under applicable Canadian laws required to be applied to it. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. The Service may describe products and services that are available only in the U.S.A. and Canada (or only parts thereof) and are not available worldwide. We reserve the right to limit the availability of the Service and/or the provision of any content, program, product, service, or other feature described or available on the Service to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.
E. EXPORT CONTROLS
Software related to or made available by the Service may be subject to export controls of the U.S.A. and/or Canada. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. or Canada export controls or sanctions.
F. SEVERABILITY; INTERPRETATION
If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.” The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms.
G. ELECTRONIC COMMUNICATIONS AND CONTRACTING
H. INVESTIGATIONS; COOPERATION WITH THE LAW; TERMINATION; SURVIVAL
As permitted by applicable law, you agree that Red Lobster shall have the right, without limitation and without any obligation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms or any potential harm to our users or third parties, (iii) use and/or disclose any information obtained by Red Lobster in connection with the forgoing or to comply with law enforcement requests or legal requirements in accordance our Privacy Notice posted at www.RedLobster.com and www.RedLobster.ca, (iv) involve and cooperate with law enforcement authorities in connection with any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to Red Lobster under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from Red Lobster, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Red Lobster in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
Red Lobster may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Red Lobster.
J. TERMS FOR APPLE USERS
If you are accessing or using the Service through an Apple Device, then the additional terms and conditions provided below are applicable to you.
Terms Applicable For Apple iOS.
- To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and Red Lobster and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
- The license granted to you in Section I (Rights/Responsibilities), Subsection B of these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
- You acknowledge that Red Lobster, and not Apple, is responsible for providing the Service and Content thereof.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
- To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
- Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and Red Lobster, Red Lobster, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
- When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
- Your use of real time route guidance on the Service is at your sole risk. Location data may not be accurate.
K. ENTIRE AGREEMENT; ADMISSIBILITY; NO WAIVER
Except as expressly set forth in these Terms, or any applicable Additional Terms, (i) no failure or delay by you or Red Lobster in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms, or any applicable Additional Terms, will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
My Red Lobster Rewards℠ Terms and Conditions
Updated effective as of August 27, 2018
Welcome to the My Red Lobster Rewards Loyalty Rewards Program (“Rewards Program”), a program that allows you to accrue points toward free or discounted menu items and special rewards by dining at participating United States (“U.S.”) Red Lobster restaurants, excluding Puerto Rico (“Participating Restaurants”) and engaging in other qualifying activities. The Rewards Program is 100% free, and a great way to get rewards for eating at Red Lobster!
It is important that you read these entire Rewards Terms, which you accept when you participate in the Rewards Program. However, here are some of the highlights:
- Rewards have no cash value and you have no property or other interest or right to them, and may not transfer or encumber them.
- Red Lobster may change Rewards accrual and redemption terms, unless we have specifically committed otherwise in writing (e.g. limited time promotions). Please check the Rewards Schedule attached hereto as Exhibit A regularly for current details.
- Red Lobster may terminate your membership, or the Rewards Program, in which case Points and Rewards are forfeited.
- Limited to U.S. residents, void where prohibited, and subject to eligibility requirements and program terms, conditions and limitations.
- YOU CONSENT TO OUR PRIVACY PRACTICES AND AGREE TO LIMITATIONS ON YOUR REMEDIES AND OUR LIABILITIES AND TO ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER.
Each time you participate in the Rewards Program (other than to access and read these Rewards Terms), you agree to be bound by and comply with then current Rewards Terms, and any applicable Rewards Additional Terms, subject to Section 12 hereof. Do not participate in the Rewards Program, and cancel your Rewards Program account, if you do not agree to any of these Rewards Terms. Any previous participation will continue to be governed by the Rewards Terms, including any applicable Rewards Additional Terms, in place at the time of such participation.
You may click on the following Table of Contents headings to navigate to that section:
- Accounts and Rewards Program Service
- Qualifying Products, Purchases and Activities
- Member Communications
- Membership Cancellation and Termination
- Dispute Resolution and Class Action Waiver
- General Rewards Program Information
- Privacy Notice
- Updates to Rewards Terms
1. Accounts and Rewards Program Service
To participate in the Rewards Program, you must complete the Rewards Program account registration process. We may offer you certain incentives to create a Rewards Program account, such as bonus Points (defined below) credited to your account following account registration. To learn more about any current promotional offers for account registration, see the Rewards Schedule, attached as Exhibit A hereto.
You must provide and maintain a valid e-mail address, and to use the Rewards App (defined below) the mobile phone number assigned to the mobile device to which the Rewards App is downloaded, and promptly update your account with any changes. You acknowledge that Red Lobster may: (i) communicate with you about Rewards Program changes, rewards and promotional materials through this e-mail address and to this mobile device as more fully set forth in Section 6; (ii) share your account information with our trusted third party providers in connection with the Rewards Program; and (iii) use and share information and data about you as set forth in our Privacy Notice.
You may view your Rewards Program activity, and manage and cancel your account, through the Rewards App (defined below). From time-to-time we may provide you with other ways to access, update and use your account. You agree to keep your account information current, to secure your account credentials and log-in information, and not to let others access or use your account.
(b) Rewards Program Service.
We offer you the ability to participate in the Rewards Program through the use of an app on your mobile device (“Rewards App”). The Rewards App may offer you certain features and services that allow you to manage your account. These features and services may include the ability to: (i) check your Points (defined below) balance, (ii) access, select and redeem Rewards (defined below), (iii) update your account information, and (iv) reset your password. Some features of the Rewards Program (including the Rewards App and its supported platforms, websites or other services)(collectively, “Rewards Program Service”) may change from time-to-time and be discontinued without notice. Use of a feature constitutes your consent to all feature functionality, including data collection and use. Some features utilize geo-location to attempt to identify your location (e.g., geofiltering and location-based features) and/or may access your device and device files (e.g., contacts). The Rewards Program Service may provide you with settings to activate or deactivate some features and functionality. Check the Rewards App settings menu, your device settings, and any Rewards Additional Terms for more information on features and your choices regarding them.
Unless otherwise provided in Rewards Additional Terms, you must use the Rewards Program Service to accrue or redeem Points, Rewards Program Discounts (defined below) or other Rewards or Reward Offers (defined below). Points, Program Rewards Discounts and other Rewards are limited to your Qualifying Purchase (defined below) of Qualifying Products (defined below) at any of the Participating Restaurants, or as otherwise may be set forth in applicable Reward Offers or otherwise in applicable Rewards Additional Terms (e.g., Rewards received for engaging in Qualifying Activities (defined below) such as social media or other promotional activities).
(c) Wireless Features.
The Rewards Program Service may offer certain features and services via your wireless device. Features and services may include the ability to access the Rewards Program Service’s features, view menus, upload content to the Rewards Program Service, receive messages from the Rewards Program Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you use Wireless Features, you agree to notify Red Lobster of any changes to your wireless contact information (including phone number) and update your account to reflect the changes. If the Rewards Program Service includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when the Rewards App is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
We may offer Rewards in the form of digital point(s) accrued as a result of a Qualifying Purchase (“Points”) at Participating Restaurants. Points have no cash or property value even if they accumulated based on amounts (i.e., Dollars) spent, or they may be redeemed for certain “Dollars off” of a purchase. How many Points you can accrue, for what and when, and what the Points can be redeemed for and when (“Accrual and Redemption Opportunities”) may vary from time-to-time and from offer-to-offer, subject to the terms and conditions of applicable Rewards Additional Terms, set forth in the applicable Reward Offer, and as otherwise stated in Rewards Additional Terms. Please check our Rewards Schedule, attached as Exhibit A hereto, regularly for current details. Accrual and Redemption Opportunities may change from time-to-time, and from location to location, except to the extent specifically provided in applicable Rewards Additional Terms (e.g., certain terms offered for a limited promotional period). Unused Points will not expire for so long as you maintain an active account, but (i) unused Points may be terminated if your account is inactive for an extended period of time, as indicated on Exhibit A; (ii) Rewards and Rewards Offers (and their underlying Points) may expire subject to their terms, and any underlying Points that may have been redeemed with respect thereto will not be reinstated upon such expiration; and (iii) if your Rewards Program membership, or the Rewards Program, is cancelled or terminated, accrued Points will be forfeited.
Accrual of Points is limited to your purchase of Qualifying Products at any of the Participating Restaurants, or as otherwise may be set forth in applicable Rewards Additional Terms (e.g., Rewards received for engaging in Qualifying Activities (defined below) such as social media or other promotional activities). Where Points are based on Dollars spent, the applicable calculation will be based on the post-discounts net price you pay for the Qualifying Product, excluding tips, taxes, delivery fees and other charges, and are subject to forfeiture or adjustment if you return or exchange the underlying product. Other restrictions may apply. We may choose to offer, in a manner not inconsistent with applicable law, incentive programs such as double Points, to certain, but not all, Rewards Program members. We reserve the right to forfeit or adjust Points if we cannot verify, to our sole satisfaction, the underlying Qualifying Purchase or other Qualifying Activity for the member claiming them, or in the event we suspect fraud or a violation of these Rewards Terms or applicable Rewards Additional Terms.
(b) Accruing Points.
Typically, you will need to use the Rewards App to add Points to your account. To use the Rewards App to add Points to your account based on Qualifying Purchases, you must retain a copy of the Red Lobster receipt from the Qualifying Purchases at the Participating Restaurants. Each receipt can only be used to accrue Points by one member and only used once to do so. You currently have two options for adding Points from your Qualifying Purchases into your Rewards Program account using the Rewards App: (1) scanning your receipt, and (2) manually entry. To scan your receipt, open the Rewards App from your mobile device, touch the “Scan My Receipt” button in the Rewards App, and then follow the prompts to scan the QR code from the bottom of your receipt into the Rewards App. All qualifying Points will be added to your account following your scan. To manually enter your receipt information into the Rewards App, locate the 12-digit code located below the QR code on your receipt, open the Rewards App from your mobile device, touch the “Enter Manually” button, and following the prompts to enter the 12-digit code. When you manually enter codes, your Points may take up to 24 hours, or longer, to appear in your account.
The Rewards App may confirm successful validations of your receipt or the entry of a receipt that has already been scanned. We may also send you an e-mail to validate your receipt. If you make a Qualifying Purchase and were not able to successfully scan or manually enter the QR code from your receipt, you may contact Guest Relations through the Rewards App. Points that are the subject of any confirmation notice are still subject to adjustment by us.
We may offer other means of adding Points to your account. For more information on current Points Accrual and Redemption Opportunities, check the Rewards Schedule, attached as Exhibit A hereto, and see any other then available Rewards Offers and Rewards Additional Terms.
3. Qualifying Products, Purchases and Activities
You will typically have the ability to accrue Points for every Dollar you spend at Red Lobster Participating Restaurants, on post-discount cash amount actually paid for then qualifying products ("Qualifying Products"), excluding amounts paid for tax, tip, and service charges. Qualifying Products do not include the purchase of gift cards, or the purchase of alcoholic beverages in any jurisdiction that prohibits providing incentives for the purchase of alcoholic beverages or that we have otherwise excluded from Points accrual qualification. From time-to-time we may change what items are Qualifying Products, so check applicable promotions, Reward Offers and other Rewards Additional Terms for details.
Points will only be issued for purchases of Qualifying Products at Participating Restaurants that meet all the terms, conditions and requirements of these Rewards Terms and applicable Rewards Offer terms and other Rewards Additional Terms at the time of purchase (“Qualifying Purchase”). Purchases made prior to becoming a Reward Program member do not count for receiving Points or Rewards. Purchases made with a gift card are eligible for to accrue Points, but the purchase of a gift card is not. Other exclusions to Qualifying Purchases may apply. Check applicable Rewards Additional Terms for details.
Occasionally we may offer a way to receive Points or Rewards for non-purchase activities, subject to applicable Rewards Additional Terms (“Qualifying Activities”), which will be subject to our satisfaction, in our sole discretion, that all applicable terms and conditions were met by you personally (and without use of automated method), and that there is no actual or suspected fraud, misconduct, illegal activity or inappropriate behavior present. To the extent Qualifying Activities involve you engaging in activity that exposes Red Lobster to your friends or the public (e.g., social media posts) you will do so only in a manner that makes it clear that you are potentially eligible for Rewards by doing so (e.g., #RedLobsterPromotion, #Sponsored, etc.) as more fully explained here: https://www.ftc.gov/tips-advice/business-center/advertising-and-marketing/endorsements and that otherwise complies with applicable Rewards Additional Terms. Qualifying Activities may also include things like the occasion of your birthday, holidays or other events that we may deem from time to time to qualify for Rewards.
4. Rewards and Benefits
The Rewards Program provides you with the ability to receive discounts, credits, Points, or other benefits (collectively “Rewards”). Rewards have no cash value, and Rewards Program participants have no property or other right or interest in or to Rewards (including, without limitation, no community property interests apply to a spouse’s Rewards and they are not descendible upon death) and you may not sell, gift, encumber or transfer Rewards, Reward Offers (defined below) or a Rewards Program account. Red Lobster may terminate, or change any aspect of Rewards (including, without limitation, accrual, redemption, expiration and benefit terms and conditions) (“Rewards Benefits”), at its sole discretion except to the extent specifically provided in applicable Rewards Additional Terms (e.g., certain terms offered for a limited promotional period). Rewards Benefits, including without limitation Rewards, Rewards Offers and Rewards Program Discounts, may be subject to geographic eligibility and other restrictions. For a summary of current standard Rewards Benefits, check the Rewards Schedule, attached as Exhibit A hereto. Also, be sure to look at each Reward Offer for applicable Rewards Additional Terms, which may alter standard Rewards Benefits. Rewards and Reward Offers expire after ninety (90) days unless stated otherwise.
“Reward Offer(s)” are Reward redemption offers that we may make from time-to-time, which are subject to their terms and conditions and any applicable Rewards Additional Terms. “Rewards Program Discounts,” where available, are a form of Reward Offer. Rewards Program Discounts, which, unless otherwise specifically provided in the Reward Offer or applicable Rewards Additional Terms, may be used to reduce the amount you pay for the base, pre-tax Qualifying Products purchase price off future Qualifying Purchases from Participating Restaurants, subject to geographic eligibility and other restrictions. Product availability may vary and may be limited. Rewards Program Discounts may only be applied against actual net purchase amounts (i.e., after applying any other applicable discounts) equal to or greater than the sum of the amount of Reward Offer(s) discount presented for redemption (e.g., an “up to” Dollars off discount), excluding Non-Qualifying Redemptions.” This is because, as explained above, Rewards and Reward Offers have no cash or property value. Further, if a Reward is for a discount amount in excess of the pre-tax purchase price of Qualifying Products, we may be unable to process that transaction in some instances and in such case the Reward Program Discount or other Reward Offer cannot be applied to that transaction.
Reward Offers may be used only once and must be used before they expire. As explained above, Rewards and Reward Offers are not transferable or encumberable and, thus, may only be used by the member to whom issued. Reward Offers for products or services at Red Lobster may typically be used in conjunction with most, but not all, other discounts or offers toward the purchase of Qualifying Products (check applicable Reward Offer terms and other Rewards Additional Terms for details) at Participating Restaurants.
We may issue you a written or digital Reward Offer certificate. We are not obligated to accept Reward Offer certificates that are damaged or that we suspect are counterfeit or have been altered, and have no obligation to reissue lost or stolen Reward Offer certificates. Further, we are not responsible for Points or other Rewards, or Reward Offers, that might be removed or deleted from your account for any reason, including security compromise, technical error or otherwise.
If you do not complete the use or redemption of your Reward Offer before it expires, the underlying Points or other Rewards will forfeit and will not be returned or returnable to your Rewards Program account.
We may occasionally offer you the ability to redeem Rewards Offers via the Rewards App (subject to its availability) while dining at Participating Restaurants. You may choose to redeem your Points for a Rewards Offer available to you in the Rewards App at the particular time you visit, subject to applicable Rewards Additional Terms that may apply to certain redemption options. Product availability may vary and may be limited. Red Lobster will deduct your redeemed Points from, or otherwise adjust, your Rewards account at the time of redemption from the Participating Restaurant. Once redeemed, you cannot reverse the redemption transaction.
Once you have made enough Qualifying Purchases, or completed enough Qualifying Activities, for an applicable automatic redemption (e.g., accrue 125 Points and receive a Reward Offer), your account will be credited for the applicable Reward or Reward Offer, which once credited you may redeem at a Participating Restaurant. Sometimes you will have options as to what Rewards you want to redeem Points for, or what Reward you can choose as part of an applicable Reward Offer. On occasion, we may offer Rewards or Reward Offer options that involve redemption or completion through a third party, in which case they will be subject also to that third party’s terms and conditions. Red Lobster will deduct your redeemed Points from, or otherwise adjust, your Rewards account after the time of redemption, usage or expiration. Once a Reward Offer is selected or otherwise received, you cannot reverse the Points redemption transaction, even if the related Reward Offer expires before it is used or completed.
Rewards Discounts, and other Rewards, can typically be applied to your purchase by showing the Reward in the Rewards App to your server at the end of your meal at a Participating Restaurant at the time you are paying the bill. However, it is a good idea to check with the server at the time you are ordering to confirm availability and that no exclusions or restrictions apply. In order to redeem your Reward Offer(s) using the Rewards App, you must (i) activate the Reward from the Rewards App, and (ii) show the rewards screen from the Rewards App to your server. Your server will verify the Reward, and following verification, will apply the appropriate credit toward your check. Red Lobster will remove your Reward from your account at the time of redemption.
The following items are, unless otherwise expressly provided in applicable Rewards Additional Terms, considered non-qualifying redemptions for which Rewards and Reward Offers may not be used, applied or otherwise redeemed: alcoholic beverages, gift cards, tax, tip and service charges (“Non-Qualifying Redemptions”). Tax may still be required to be paid on the full value of products or services for which the price was reduced by a Reward or Reward Offer. Unless otherwise stated in Reward Offer terms or other applicable Rewards Additional Terms, you may typically combine Reward redemptions with e-mail and printed coupons, and you may also redeem multiple Rewards for the same meal. Other conditions and exclusions may apply as set forth in applicable Reward Offers and Rewards Additional Terms.
Rewards Program membership is open to individual U.S. residents for personal, non-commercial use at Participating Restaurants. You must be of the age of majority (18 in most states) depending on where you live. Geographic and other eligibility restrictions may apply to some aspects of our Rewards Program. Resellers are excluded from the Rewards Program and from receiving Points, Rewards Program Discounts and other Rewards or Reward Offers. If we mistakenly issue Points, Rewards Program Discounts or other Rewards or Reward Offers for resale purchases, or to resellers, we reserve the right to deduct those and/or to invalidate improperly issued Reward Offers. If you are found, in our sole discretion, to be a reseller, your Rewards Program account may be terminated.
6. Member Communications
(a) E-mail Messages.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Rewards Program Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
(b) Text Messages.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. Such consent is not required to purchase any product or service aside from the text subscription itself. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. You understand that we will send mobile text messages using automated technology. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. Red Lobster is the sponsor of our text messages and may be contacted regarding them at: 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383, Attn: Compliance Ethics Office, or email: ComplianceEthics@RedLobster.com.
(c) Our Content.
We try to keep our content current and accurate, but menus and other content on the Rewards App and our website are not guaranteed, and not all menu items, pricing and offers are available in all of our locations. Actual availability and pricing will be determined at each applicable Red Lobster location.
7. Membership Cancellation and Termination
You may uninstall the Rewards App at any time. Uninstalling the Rewards App, or an extended period of not using the Rewards App, may result in the cancelation of your Rewards Program membership (or just your accrued Points, in our discretion), in which case you will forfeit all remaining Points, Rewards and Reward Offers.
In addition, we may not issue you any Reward(s), and you will forfeit all Points, Rewards and Reward Offers accrued, if we (a) terminate your account because of conduct that we determine, in our discretion, violates these Rewards Terms or any applicable law, involves fraud or misuse of Rewards Program membership, or is harmful to our interests or another customer; or (b) terminate the Rewards Program. We also reserve the right to deny future membership if we deem your conduct to have violated these Rewards Terms. Our failure to insist upon or enforce your strict compliance with these Rewards Terms will not constitute a waiver of any of our rights.
Only one Rewards Program membership will receive Points for any one transaction. As more fully set forth in Section 2 and Section 4, Points and Rewards have no cash value and may not be transferred, assigned or encumbered. Additional restrictions may apply pursuant to Reward Offer and promotions terms, and other Rewards Additional Terms.
Occasionally we may test new products, services or promotions. Some of these tests may have implications on Rewards Program members that may vary from the terms as stated here. When different policies or terms apply, we will communicate that to you through Rewards Additional Terms or otherwise.
9. Dispute Resolution and Class Action Waiver
10. General Rewards Program Information
The Rewards Program and its content, logos, taglines, and trademarks are the intellectual property of Red Lobster Hospitality LLC; all rights reserved.
These Rewards Terms are void where and to the extent prohibited by applicable law. The interpretation and application of these Rewards Terms is in the sole discretion and determination of Red Lobster, which in each case you irrevocably agree shall be conclusive.
Taxes may apply to Points and Rewards accrual and/or redemption where required by law.
11. Privacy Notice
The information you provide as a member of the Rewards program will be handled according to the Red Lobster Privacy Notice, that is available at www.RedLobster.com and through the Rewards App, you consent to our practices as described therein. The Rewards Program Services are Services as defined by our Privacy Notice. If you are interested in learning more about Red Lobster privacy practices, please review the Privacy Notice.
12. Updates to Rewards Terms
These Rewards Terms (or if applicable Rewards Additional Terms) shall govern the Rewards Program as it applies to you from time-to-time. AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE REWARDS PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE REWARDS TERMS OR APPLICABLE REWARDS ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. YOU UNDERSTAND AND AGREE THAT EACH TIME YOU SIGN IN TO YOUR REWARDS PROGRAM ACCOUNT, OR OTHERWISE USE THE REWARDS PROGRAM (E.G. SCANNING A RECEIPT INTO THE REWARDS APP), YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE REWARDS APP (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR CONTINUED REWARDS PROGRAM MEMBERSHIP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE AND TRANSACTIONS. Therefore, you should review the posted Rewards Terms, and any applicable Rewards Additional Terms, each time you use the Rewards Program. Any new Rewards Terms or Rewards Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Rewards Terms, and any applicable Rewards Additional Terms, that applied when you previously transacted will continue to apply to such prior transactions (i.e., changes and additions are prospective only) unless mutually agreed. In the event any notice to you of new, revised or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. In the event any tribunal finds any changed terms to be invalid, unenforceable or illegal, such will be severed to the extent necessary for the remainder to be valid and enforceable. You should frequently check the Rewards App and the e-mail you associated with your account, for notices, both of which you agree are reasonable manners of providing you notice. You can reject any new, revised or additional terms by terminating your Rewards Program membership as set forth in Section 7 and continued membership constitutes acceptance.
This information is current as of August 27, 2018.
Defined terms are indicated by initial caps and have the meaning ascribed to them in our Reward Terms, to which this Exhibit A is attached. Additional terms and conditions may apply as stated in applicable Reward Offers, promotional offers or as made available at Participating Restaurants.
Accruing Points.You will typically have the potential to accrue one (1) Point for every dollar you spend on Qualifying Purchases of Qualifying Products at Participating Restaurants. Purchases made prior to joining the Rewards Program, discounts on your purchases, and tips, taxes and delivery fees on purchases do not count for accruing Points. Purchases made with a gift card are eligible for Points, but the purchase of a gift card is not a Qualifying Product. Alcoholic beverages are not Qualifying Products in any jurisdiction that prohibits providing incentives for the purchase of alcoholic beverages or that we have otherwise excluded. The applicable jurisdictions that prohibit incentives for the purchase of alcoholic beverages, and where alcoholic beverages are not Qualifying Products for purposes of earning Points under the Rewards Program, are indicated on Attachment 1 to this Exhibit. Other restrictions may apply.
Points are accrued by entering receipt information into the Rewards App. Each receipt may only be scanned (or otherwise entered) into any Rewards App one time, and only by one person. You may only scan two (2) receipts into your Rewards App within any given 24-hour period. No receipts that are more than ninety (90) days old can be scanned or manually entered into the Rewards App.
Redemption of Points and Related Reward Offers.
Once you accumulate 125 Points, you automatically receive a Reward Offer as determined by Red Lobster. It typically takes 24 hours for your Reward Offer to become available in the Rewards App. Rewards Offers are subject to their terms, including expiration. Rewards Offers may only be redeemed in Participating Restaurants and may not be applied against alcoholic beverages, gift card purchases, tax, tip and service charges. Once you click the “Redeem” button on the rewards screen, your Reward will only be active for two hours. If you do not redeem your Reward within two hours, you will forfeit your Reward and you will also lose the Points accrued to receive the Reward Offer. Additional Non-Qualifying Redemptions may be excluded from redemption in Reward Offer terms, or terms made available at any particular Participating Restaurant.
Reward Offers typically give you a choice of different Reward options. For example, we may offer you a free appetizer or a dessert. All Rewards will be for item from our current menu that is not a Non-Qualifying Redemption item. Some menu items may be unavailable or excluded without notice, and this may differ from location to location and from time to time. For example, if you select a free appetizer as your Reward, you will not be able to redeem this Reward for one of our combination appetizer sampler products such as our Create Your Own Appetizer Combination or our Seaside Sampler.
Reward Offers, and the corresponding Reward, may be used only once. Reward Offers and Rewards are not transferable or encumberable and, thus, may only be used by the member to whom issued. Rewards may be used in conjunction with most, but not all, other Red Lobster discounts or offers toward the purchase of Qualifying Products, and such usage will be subject to confirmation at the time of Reward usage and may differ from location to location and from time to time.
Unless noted otherwise on the rewards screen in the Rewards App, or otherwise on the applicable Rewards Offer, each Rewards Offers generated by Points accrual will expire ninety (90) days from the issuance date.
If you do not redeem your Reward before it expires, the underlying Points will forfeit and will not be returned or returnable to your Rewards Program account.
Other Current Rewards and Reward Offers:
Reward Offers to members accrued on the occasion of their birthday expire in thirty (30) days, but are otherwise subject to the same terms and restrictions applicable to Reward Offers generated by Points accrual, except as may be provided in the applicable Rewards Offer terms.
Currently we treat failure to use the Rewards App to scan a receipt or redeem a Reward at least once during any one year period as an extended period of inactivity that qualifies your Rewards Membership and/or your accrued Points to be cancelled in our discretion. We reserve the right to change the terms of the inactivity cancellation qualification from time to time.
Initially effective as of July 11, 2016
Updated June 19, 2017
Updated October 30, 2017
Updated August 27, 2018
Attachment 1Jurisdictions with Participating Restaurants where alcoholic beverages are not Qualifying Products for purposes of earning Points under the Rewards Program
As of August 27, 2018
Gift Card Terms and Conditions
Your purchase, use or acceptance of a Gift Card constitutes acceptance of the following terms and
conditions. This Gift Card is issued by and represents an obligation solely of RLSV, Inc.
(“Red Lobster”). Each time you use it, we’ll deduct that amount from the balance
until you’ve used the full balance of the card. You can add to the card balance at any time.
(1) Except where required by law, this gift card is not redeemable for cash. (2) We can’t
replace it if it’s lost or stolen. (3) Valid at any participating Red Lobster restaurants in
the U.S. (4) Approval required to advertise this card. For Gift Card balance, activity and complete
terms and conditions visit www.redlobster.com or call toll-free 1-877-720-6601
© 2018 Red Lobster Hospitality LLC
Red Lobster Holiday Gift Card Offer
$10 Off Two
Adult Dinner Entrees
Offer Valid 1/1/19-2/4/19
This is a single-use promotional coupon, not a gift card, and will not carry a future balance. One coupon per person, per visit. Valid for $10.00 off purchase of two adult dinner entrees (excluding lunch menu items, lunch portions of fresh fish or kids’ menu items) excluding alcohol, tax, gratuity, and gift card purchases. May not be sold, reproduced, distributed (via internet or otherwise) or exchanged; any such suspected coupons may not be honored. Not valid with any other discount offer. Cash value: 1/20 of one cent. ©2018 Red Lobster Hospitality, LLC.
eGift Card Terms and Conditions
Your purchase, use or acceptance of an eGift Card constitutes acceptance of the following terms and conditions. This eGift Card is issued by and represents an obligation solely of RLSV, Inc. (“Red Lobster”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (1) Except where required by law, this eGift Card is not redeemable for cash. (2) We can’t replace the value on this card if it is lost or stolen. (3) It may be redeemed at Red Lobster restaurants but is only valid in participating locations in the United States. (4) Approval required to advertise this card. (5) May not be used to purchase alcohol where prohibited by law. (6) eGift Card does not expire. (7) eGift Card deemed purchased from and issued in the State of Florida. (8) The risk of loss and title to the eGift Card passes to the recipient upon electronic transmission of the eGift Card. (9) eGift Card balance may not be transferred to a physical gift card; however, eGift Card may be printed or reprinted for redemption.
For Gift Card balance, activity and complete terms and conditions, visit or call toll-free 1-877-720-6601.
© 2018 Red Lobster Hospitality LLC
Red Lobster Seating Alert Text Program Terms and Conditions
You can unsubscribe (i.e., opt-out) from a then current Program subscription by replying “STOP” to a Program text you receive. You hereby consent to receive a text message confirming that you have unsubscribed, as well as other administrative text messages (such as when you send us a HELP text or any unrecognized message). You understand that unsubscribing to the Program will not terminate your consent to receive other kinds of text alerts, such as if you have signed up to receive Fresh Alert text alerts. You must unsubscribe from each text program separately. Unsubscribing to the Program texts also will not unsubscribe you from emails from us. However you can follow the unsubscribe link on our promotional emails to learn how to opt-out of Red Lobster promotional emails (you may still, however, receive non-promotional emails from us).
The Program may not be available in all areas. You understand that message and data rates may apply and your carrier may charge you or deduct usage credit from your account when you text us or we text you and you consent to that. The Program may not be supported by all carriers and all devices. Check with your carrier for details. You represent and warrant that you are the age of majority where you reside (18 in most states) and are a U.S. resident using a U.S. mobile number to subscribe.
Red Lobster® 2017 Cheddar Bay Biscuit Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
1. Eligibility:This 2017 Cheddar Bay Biscuit Sweepstakes (“Sweepstakes”) is open only to those who are signed up for Red Lobster’s Fresh Catch Club by 5:00 pm Eastern Standard Time on May 8, and who are 18 years of age or older as of the date of entry. The Sweepstakes is only open to legal residents of the United States of America who are members of the Red Lobster Fresh Catch Club, and is void where prohibited by law. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations.
2. Sponsor:Red Lobster Management LLC, 450 S. Orange Ave., Suite 800, Orlando, FL 32801 (“Red Lobster”).
Administrator: MWW Group LLC, One Meadowlands Plaza, East Rutherford, NJ 07073 (“Administrator”).
3. Agreement to Rules:By participating in the Sweepstakes, each Sweepstakes participant (“You”) agree to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements. In addition, You agree to accept Red Lobster’s and the Administrator’s decisions as final and binding as related to the content of this Sweepstakes.
4. Sweepstakes Period:Entries will be accepted online starting at 12:01 a.m. Eastern Standard Time on May 8, 2017 and ending at 11:59 p.m. Eastern Standard Time on May 12, 2017. All online entries must be received by 11:59 p.m. Eastern Standard Time on May 12, 2017.
5. How to Enter:Red Lobster’s Fresh Catch Club members will receive an e-mail, which will include a button to click for You to enter the Sweepstakes. Upon selecting this button, You will be linked to a website (“Sweepstakes Website”) that will feature one multiple choice question and one open-ended question. Upon answering both questions and providing a valid e-mail address, entrants will be automatically entered into a drawing to win one prize pack consisting of limited edition Cheddar Bay Biscuit commemorative items. Anyone who is not a member of the Fresh Catch Club can sign up to become a member prior to the start of the Sweepstakes on Red Lobster’s website at www.RedLobster.com by 5:00 pm Eastern Standard Time on May 8. Each entrant is limited to one submission. Each entrant is limited to one prize per person, per e-mail address.
Any text contained in Your entry may not be indecent, obscene, hateful, tortious, defamatory, or libelous or contain material that violates or infringes another’s rights, or disparages Red Lobster or any other person or party, including any competitor of Red Lobster, or contain material that is unlawful in any way. Your entry must not contain brand names or trademarks other than those owned by Red Lobster. Your entry must be your original work and be truthful. You must have permission from all individuals who are mentioned in or appear in your entry or participated in the creation of the entry (if any) to use their names and likenesses and to grant the rights set forth herein. If requested, You must be able to provide such permissions in a form acceptable to Red Lobster.
6. Prizes:The Winners of the Sweepstakes (the “Winner”) will receive one prize pack consisting of the following items (Red Lobster will be responsible for the cost of shipping and handling of the prize packs):
- One Cheddar Bay Biscuit flavored lip balm
- One Cheddar Bay Biscuit themed magnet
- One Cheddar Bay Biscuit themed t-shirt
- One Cheddar Bay Biscuit stress ball
Each prize pack will have an approximate retail value of $19.00 USD. A total of 250 prize packs will be awarded, and the approximate retail value of all prize packs to be awarded is $4,800.00 USD. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of prize constitutes permission for Red Lobster to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, as further described below, unless prohibited by law.
7. Odds:The odds of winning depend on the number of eligible entries received.
8. Winner Selection and Notification:Winner will be selected by a random drawing by Administrator under the supervision of Red Lobster. Winner will be notified by e-mail within ten (10) business days following selection of Winner. Red Lobster and Administrator shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within ten (10) business days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT RED LOBSTER’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. Rights Granted by You:By entering this content (e.g., photo, video, text, etc.), You understand and agree to give Red Lobster, anyone acting on behalf of Red Lobster, and Red Lobster’s affiliates, licensees, successors, and assigns, the royalty-free, irrevocable, non-exclusive license to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Sweepstakes, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes, without any further compensation, notice, review, or consent. If requested, You will sign any documentation in connection with the foregoing rights as Red Lobster may reasonably request.
10.Terms & Conditions:Red Lobster reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes should virus, bug, non-authorized human intervention, fraud, or other cause beyond Red Lobster’s control corrupt or affect the administration, security, fairness, or proper conduct of the Sweepstakes, as determined by Red Lobster in its sole discretion. In such case,Administrator may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Red Lobster.Red Lobster reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Sweepstakes or the Sweepstakes Website or violates these Terms & Conditions. Red Lobster has the right, in its sole discretion, to maintain the integrity of the Sweepstakes, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Sweepstakes rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws. Should such attempt be made, Red Lobster reserves the right to seek damages to the fullest extent permitted by law.
11. Limitation of Liability:By entering, You agree to release, indemnify and hold harmless Red Lobster and Administrator and their subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
12.Disputes:THIS SWEEPSTAKES IS GOVERNED BY THE LAWS OFTHE STATE OF FLORIDA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES THAT WOULD APPLY OTHER LAW. As a condition of participating in this Sweepstakes, participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Orange County, Florida having jurisdiction. Further, in any such dispute, under no circumstances shall participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than participant’s actual out-of-pocket expenses (i.e. costs associated with entering this Sweepstakes, but in no event attorneys’ fees). Participant further waives all rights to have damages multiplied or increased.
14. Winners List:To obtain a copy of the Winners’ names, mail your request along with a stamped, self-addressed envelope to: Red Lobster, Attention: Communications Department - Cheddar Bay Biscuit Sweepstakes, 450 S. Orange Avenue, Suite 800, Orlando, FL 32801. Requests must be received no later than 11:59 p.m. Eastern Standard Time on May 19, 2017.
© 2017 Red Lobster Management LLC. All rights reserved.
Buy a $100 gift card at REDLOBSTER.COM, get $30 in bonus coupons
This coupon may be redeemed for $5 off each single adult dinner entree. Limit two single adult entrees per coupon. Coupon is not redeemable in combination with any other coupon or special offer. Coupon is not redeemable on lunch menu items, lunch portions of fresh fish or kids’ menu items. One coupon per visit. Cash redemption value: 1/20 of one cent. Coupon may not be reproduced, re-posted to the internet, sold, transferred or traded. Must present coupon. Red Lobster may refuse to honor or accept any coupon it believes to be in violation of these terms and conditions. Valid at any Red Lobster location in the U.S. and Canada (excl. PR). One coupon valid 8/1/17 - 8/14/17; one 9/1/17 - 9/14/17; and one 10/1/17 - 10/14/17. Applicable taxes paid by bearer © 2017 Red Lobster Hospitality LLC. Available Online Only.
Online Order 10% Off
Provide coupon code LOBSTER65 during checkout to receive ten percent (10%) off one online order (excluding dine-in orders, delivery, alcohol, gift cards, applicable taxes and gratuity). Maximum discount of $25. Limit one coupon per online order. Not redeemable in combination with any other offer, discount or coupon. Cash redemption value: 1/20 of one cent. Coupon may not be reproduced, downloaded, re-posted, sold, transferred or traded. Red Lobster may refuse to honor or accept any coupon or coupon code it believes to be in violation of these terms and conditions. Valid only at participating Red Lobster® locations in the U.S. and Canada (excl. PR). Offer valid 2/25/2019-4/21/2019. © 2019 Red Lobster Hospitality LLC.
Red Lobster Golden Card Promotion Official Rules
NO PURCHASE NECESSARY TO ENTER, WIN, OR CLAIM A PRIZE. A PURCHASE or payment WILL NOT INCREASE AN ENTRANT’s CHANCES OF WINNING.
OPEN ONLY TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES, THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING QUEBEC) WHO ARE AT LEAST 18 YEARS OLD OR THE AGE OF MAJORITY IN THEIR PLACE, PROVINCE OR TERRITORY OF RESIDENCE AT THE TIME OF ENTRY.
VOID IN QUEBEC AND WHERE PROHIBITED OR RESTRICTED BY LAW.
The Red Lobster Golden Card Promotion (“Promotion”) is sponsored by Red Lobster Management LLC (“Sponsor”), 450 S. Orange Ave., Suite 800, Orlando, FL 32801, and is administered by Prize Logic, LLC, (“Administrator”) 25200 Telegraph Road, Suite 405, Southfield, MI 48033, USA (“Administrator”).
1. PROMOTION TIMING:
The Promotion begins on January 18, 2018 at 12:00 AM Eastern Time (“ET”) and ends on February 8, 2018 at 11:59:59 PM ET (“Promotion Period”). The Administrator’s computer is the Promotions’ official clock.
2. ELIGIBILITY:The Promotion is offered only to legal residents of the fifty (50) United States, the District of Columbia, and Canada (excluding Quebec) who are at least eighteen (18) years of age or the age of majority in their place, province or territory of residence at the time of entry. Employees, officers, directors, representatives, and agents of Sponsor, Administrator, MWW Group, LLC, and each of their respective parent companies, subsidiaries, affiliates, advertising and promotion agencies (collectively, “Promotion Entities”) and each of their immediate family members (e.g., spouse, parent, child, sibling, and their respective spouses and the “steps” of each, regardless of where they reside) and persons living in the same household of each, whether or not related, are not eligible to enter or win. All applicable federal, state, provincial, territorial, and local laws and regulations apply. Void in Quebec and where prohibited or restricted by law. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor and Administrator’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. All entries become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. For purposes of the Promotion, an entrant’s residential address and e-mail address will be the physical address and e-mail address submitted at the time of entry. Entrants will not be allowed to change their physical address or e-mail address.
3. HOW TO ENTER:During the Promotion Period, an eligible entrant may enter the Promotion through the following methods:
A. Enter Via Twitter:
i. Sign into his/her Twitter account (entrant may create a Twitter account for free if he/she does not already have one);
ii. Become a follower of @Redlobster on Twitter (if not already following @Redlobster). There is no charge to sign up for Twitter or to follow @Redlobster; and
iii. Compose a new Tweet with a photo showing his/her most memorable Red Lobster experience/memory including the hashtag “#RLGoldenSweepstakes” to receive one (1) entry (“Entry”) into the Promotion. Retweets are not eligible to earn an Entry into the Promotion.
B. Enter Via Instagram:i. Sign into his/her Instagram account (entrant may create an Instagram account for free if he/she does not already have one);
ii. Become a follower of @Redlobster on Instagram (if not already following @Redlobster). There is no charge to sign up for Instagram or to follow @Redlobster; and
iii. Compose a new Instagram post with a photo showing his/her most memorable Red Lobster experience/memory including the hashtag “#RLGoldenSweepstakes” to receive one (1) Entry into the Sweepstake. Regrams are not eligible to earn an Entry into this Promotion.
C. Enter Via Facebook:An entrant may participate on Facebook by visiting the Sponsor’s Facebook Page https://www.facebook.com/redlobster Opens in a new Window (“Page”). During the Promotion Period, Sponsor will make a Facebook post on the Page inviting participants to enter this Promotion (“Invitation Post”). To enter the Promotion on Facebook, an entrant must post a photograph showing his/her most memorable Red Lobster experience/memory with the hashtag “#RLGoldenSweepstakes” as a comment to the Invitation Post during the Promotion Period.
Once an Entry is submitted in the Promotion it may be made available on Sponsor’s social media accounts or other websites for viewing by the general public and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
Entry Requirements: All Entries must comply with the following restrictions:
• Entry must contain the hashtag #RLGoldenSweepstakes;
• Entry must be an original work;
• Entry must be in English (except for commonly understood foreign words);
• Entry must comply with the respective social media platform terms;
• Entry cannot have been published previously by any party other than the entrant;
• Entry must be suitable for publication (i.e., may not be obscene or indecent);
• Entry cannot prominently feature trademarks, logos or trade dress owned by any third party, or advertise or promote any brand or product of any kind, other than the Sponsor’s;
• Entry cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images);
• Entry cannot include the name, likeness, photograph, or other indicia identifying any person, living or dead, without written permission from that person;
• Entry requires the permission of anyone who participated in the creation of the Entry;
• If requested, entrant must be able to provide permissions in a form acceptable to Sponsor from any person whose name, likeness or photograph appears in the Entry or who participated in the creation of the Entry;
• Entry cannot be sexually explicit or suggestive, violent or derogatory of any ethnic, racial, gender, religious, professional or age group;
• Entry cannot promote illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;
• Entry cannot describe or depict any illegal activity or violation of any state, federal or provincial law;
• Entries must not include any personally identifiable information (full name, e-mail address, telephone number, etc.);
• Entries must not contain, facilitate, reference or use material that contains prohibited content which shall include, but is not limited to content that promotes, suggests, or encourages:
o gambling, including without limitation, any content related to online casinos, sports books, bingo or poker;
o the use of prostitution, pornography, nudity, profanity or other adult content, or violence;
o the taking up of arms against any person, government or entity or otherwise challenge or seek to overthrow any government;
• Entry must not contain any viruses, spyware, malware, or other malicious components that are designed to harm the functionality of a computer in any way.
If any Entry fails to comply with any of these Entry Requirements or any other provisions of these Official Rules, at the Sponsor’s sole discretion, Sponsor reserves the right, but is not obligated, to disqualify the entrant.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY IF AN ENTRANT ENTERS THIS PROMOTION ON HIS/HER MOBILE DEVICE. NOT ALL MOBILE TELEPHONE/WIRELESS PROVIDERS CARRY THE SERVICE NECESSARY TO PARTICIPATE IN THIS PROMOTION. ENTRANTS SHOULD CONSULT THEIR WIRELESS PROVIDER'S PRICING PLANS. MOBILE ENTRY IS NOT REQUIRED TO ENTER OR WIN A PRIZE IN THIS PROMOTION.
LIMIT: Entries will not be judged. An entrant can submit the same Entry one (1) time per platform per day during the Promotion Period but Entries must be unique each day. There is a limit of one (1) Entry per platform per day during the Promotion Period. If an entrant enters more than one (1) time per platform per day, only the first Entry will be included in the Promotion.
4. RANDOM DRAWING:On or about February 9, 2018, Administrator will select fifty (50) potential winners from among all eligible entries received during the Promotion Period. Each winner is deemed to be a potential winner, pending verification of the entrant’s eligibility and compliance with these Official Rules as determined by Sponsor or Administrator, at their sole and absolute discretion. Canadian residents will be required to correctly answer a timed mathematical skill-testing question as further described in Section 6 before being declared a potential winner.
5.PRIZES, APPROXIMATE RETAIL VALUE (“ARV”), AND ODDS OF WINNING:
A. Prizes (50):Each winner will receive free Red Lobster for one (1) year awarded in the form of a $2,000 USD Red Lobster gift card (redeemable in the United States only) for U.S. and D.C. residents or a $2,000 CAD Red Lobster gift card (redeemable in Canada only) for Canadian residents (each a “Prize”). There will be fifty (50) Prizes available in the Promotion. The approximate retail value (“ARV”) of each Prize is $2,000 USD/$2,000 CAD.
B. Total ARV:The total ARV of all Prizes is $100,000 USD/$100,000 CAD.
C. Odds of Winning:The odds of winning a Prize depends on the total number of eligible entries received during the Promotion Period.
D. General:The use of a gift card is subject to the terms and conditions set forth thereon as summarized below which shall govern the use of the gift card. Use of a gift card constitutes the user’s acceptance of the terms and conditions so the winners should read the terms and conditions on the gift card carefully. Winners must protect the gift card and treat the gift card as he/she would any other valuable document. All costs and expenses not specifically included herein are solely the winner’s responsibility.
The terms and conditions on a gift card issued to U.S. and D.C. residents will provide substantially as follows: Your purchase, use or acceptance of this Gift Card constitutes acceptance of the following terms and conditions. This Gift Card is issued by and represents an obligation solely of RLSV, Inc. Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. You can add to the card balance at any time. (1) Except where required by law, this gift card is not redeemable for cash. (2) We can’t replace it if it’s lost or stolen. (3) Valid at any participating Red Lobster restaurant in the U.S. (4) Approval required to advertise this card. For Gift Card balance, activity and complete terms and conditions visit www.redlobster.com or call toll-free 1-877-720-6601.
The terms and conditions on a gift card issued to Canadian residents will provide substantially as follows: TREAT THIS GIFT CARD LIKE CASH. Your purchase, use or acceptance of this Gift Card constitutes acceptance of the following terms and conditions. This Gift Card is issued by and represents an obligation solely of RLSV, Inc. Each time you use this Gift Card, we’ll deduct the purchase amount from the balance until you’ve used the full balance of the card. You can add to the card balance at any time. This Gift Card cannot be redeemed for cash (except as required by law) or applied as payment to any account. The value of this Gift Card will not be replaced if the card is lost, stolen, altered, destroyed or damaged. This Gift Card does not expire and may be used at any participating Red Lobster restaurant located in Canada. Approval required to advertise this Gift Card. For Gift Card balance and activity visit www.redlobster.ca or call toll-free 1-888-889-7349. © 2017 Red Lobster Hospitality LLC
In no event will more than the stated number of Prizes be awarded during the Promotion Period. If, for any reason, more Prize notifications are sent (or more claims are received) than the Prizes offered, as set forth in these Official Rules, Sponsor reserves the right to award the stated number of Prizes through a random drawing from among all eligible Prize claims received. No Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize, or component thereof, of equal or greater value in case of unavailability of a Prize or a Prize component.
6.HOW TO CLAIM A PRIZE:Potential winners are subject to verification of eligibility and compliance with these Official Rules. The potential winners will be notified on either Facebook by a direct message or on Twitter or Instagram by a Direct Message from @Redlobster (depending on his/her method of entry) with instructions on how to claim his/her Prize. The potential winners must respond to the Facebook message or Twitter/Instagram Direct Message winner notification within three (3) days or they may, at the Sponsor’s sole discretion, be disqualified. Potential Prize winners will be required to execute an Affidavit of Eligibility/Liability & Publicity Release and tax acknowledgment (“Affidavit”), if a US resident, or a Declaration of Eligibility/Liability/Publicity Release, if a Canadian resident (“Declaration”), sent with the e-mail notification. If a potential winner is a Canadian resident, before being declared a winner, he/she will be required to correctly answer a timed mathematical skill-testing questions without assistance, which will be provided with the email notification or the Prize will be forfeited. The potential winners must return a fully executed and notarized Affidavit/Declaration to the Sponsor or its authorized designee within five (5) calendar days from the date it is postmarked as being sent to the potential winner or the Prize may (in Sponsor’s sole discretion) be forfeited. If a potential winner is disqualified, found to be ineligible or not in compliance with these Official Rules, declines to accept the Prize, or in the event that a potential winner fails to return an executed and notarized Affidavit/Declaration, or fails to correctly complete the skill-testing question, within the five (5) calendar day deadline, the Prize may be forfeited, and in the Sponsor’s sole discretion, the forfeited Prize may be awarded to an alternate winner, selected in a random drawing from among all remaining eligible entries, as determined by Sponsor in its sole discretion. If, after a good-faith attempt, Sponsor is unable to award or deliver a Prize, the Prize may not be re-awarded.
WINNERS WILL BE ISSUED A FORM 1099 OR T4A, AS APPROPRIATE, FOR TAX PURPOSES IN THE AMOUNT OF THE ACTUAL RETAIL VALUE OF THE PRIZE AND MUST SUBMIT HIS OR HER SOCIAL SECURITY OR SOCIAL INSURANCE NUMBER, AS APPROPRIATE, AS REQUIRED BY LAW. ALL FEDERAL, STATE, PROVINCIAL, TERRITORIAL, AND LOCAL TAXES IMPOSED ON THE ACCEPTANCE OF THE PRIZE ARE SOLELY THE RESPONSIBILITY OF THE WINNERS.
Sponsor will attempt to notify the potential winners as set forth above, but Sponsor is not responsible for any undelivered emails, including without limitation e-mails that are not received because of a winner’s privacy or spam filter settings which may divert any Promotion e-mail, including any winner notification e-mail, to a spam or junk folder. The right to receive a Prize is non-assignable, non-transferable and no Prize substitution or exchange will be allowed, except by Sponsor, who reserves the right to substitute a Prize of equal or greater value in case of unavailability of the Prize or force majeure, at Sponsor’s sole and absolute discretion. All other costs and expenses not expressly set forth herein shall be solely each winner’s responsibility. Sponsor will attempt to mail the Prizes approximately 6 – 8 weeks from verification of winner’s eligibility. Promotion Entities shall not be held responsible for any delays in awarding a prize for any reason.
7. LIMITATION OF LIABILITY:By participating in this Promotion, entrants agree that the Promotion Entities and each of their respective affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (“Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable e-mail/text notifications or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/network accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the Promotion; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting a prize; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Official Rules. Further, the Promotion Entities are not responsible for any unanswered or undeliverable winner notifications.
By entering the Promotion, each entrant agrees: (i) to be bound by these Official Rules, including entry requirements; (ii) to waive any rights to claim ambiguity with respect to these Official Rules; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iii) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion-related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant.
If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, at its sole and absolute discretion, to cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion, including the selection of a winner in a manner it deems fair and reasonable, including the selection of a winner from among eligible entries received prior to such cancellation, termination, modification or suspension. In no event will more than the stated number of prizes be awarded. In the event that, due to technical, typographical, mechanical or other errors, there are more winners than are stated in these Official Rules, a random drawing among the claimants will be held to determine the winner. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more winning messages are distributed, or more prizes are claimed than the stated number of prizes to be awarded according to these Official Rules, the intended prizes will be awarded in a random drawing from among all verified prize claims received.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING THE PRIZES, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THIS PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN THE ORANGE COUNTY, FLORIDA. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN FLORIDA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN ORANGE COUNTY, FLORIDA. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ENTRANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY ENTRANT AND/OR PROMOTION ENTITIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE PROMOTION PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
10. PUBLICITY RIGHTS:By participating in the Promotion and/or accepting a Prize, each entrant agrees to allow the Sponsor and/or the Sponsor's designee the perpetual right to use his/her name, address (city and state/province), biographical information, photos, picture, portrait, likeness, voice, and/or statements regarding the Promotion and/or Sponsor for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, including, but not limited to, live television, worldwide, on the World Wide Web and Internet, without notice, review or approval and without additional compensation, except where prohibited by law.
11. GENERAL:Any attempted form of participation in this Promotion other than as described herein is void. Sponsor and Administrator reserve the right to disqualify any entrant found or suspected, in their sole and absolute discretion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of this Promotion. Any attempted form of participation in this Promotion other than as in these Official Rules is void. If it is discovered that a person has registered or attempted to register more than once using multiple phone numbers, e-mail addresses, residential addresses, multiple identities, IP addresses, use of proxy servers, or like methods, all of that person’s entries will be declared null and void and that person will not be awarded any prize that he/she might have been entitled to receive. Any use of robotic, automatic, macro, programmed, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing the same. Entrants and/or potential winners may be required to provide proof of identification and eligibility as required by Sponsor or Administrator In the event of a dispute as to the identity of a winner, the winning entry will be declared made by the authorized account holder of the e-mail address submitted on the registration form associated with such entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational institution) that is responsible for assigning email addresses for the domain associated with the submitted email address. Each entrant may be required to show proof of being an authorized account holder. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable. The invalidity or unenforceability of any provision of these Official Rules or the prize documents will not affect the validity or enforceability of any other provision. No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision and such provision shall remain in full force and effect. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in any promotional materials (including but not limited to point of sale, television and print advertising, promotional packaging and other promotional media), the details of the Promotion as set forth in these Official Rules shall prevail.
12. WINNERS LIST:For a list of winners, interested individuals should mail a self-addressed stamped business envelope to: Winners List, - Red Lobster Golden Card Sweepstakes, P.O. Box 251328, West Bloomfield, MI 48325. Winner List requests must be received no later than April 9, 2018.©2018 Red Lobster Hospitality LLC. All Rights Reserved.
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Red Lobster Guest Wi-Fi Terms
- This is a public Wi-Fi network. Public Wi-Fi is inherently insecure. Use of a Virtual Private Network to connect, using current antivirus and two factor authentication solutions, and avoiding logging in to accounts, downloading content or accessing or sending sensitive data while using public Wi-Fi is recommended -- you should take the lack of security of public networks in mind. Your use is “as is” and at your own risk.
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