TERMS AND CONDITIONS

Transcription

1 TERMS AND CONDITIONS These terms and conditions (this "Agreement") govern the My Chili's Rewards Program ("Program"). The My Chili's Rewards Program is a loyalty Program brought by Brinker International Payroll Company, L.P. (collectively "we," "us," "our," "ours", "Brinker", "Chili's" or "Chili's Grill & Bar") to eligible purchasers ("they," "their," "them," "theirs," "Member", "Guest")at participating Chili's Grill & Bar restaurants. Use of membership in the My Chili's Rewards Program ("Membership") at any time subjects Members to the provisions of this Agreement, as amended from time to time. 1. MY CHILI'S REWARDS PROGRAM AND GUIDELINES The My Chili's Rewards Program entitles Members to the to earn Rewards Points ("Points") on qualifying purchases made at a participating U.S. Chili's Grill & Bar locations. Points may be earned in multiple ways and may be exchanged for certain specified rewards ("Rewards"). A. Earning Points: During a Chili's visit, a Member may earn one Point for each qualifying dollar spent (rounded down to nearest full dollar). Rewards redemptions have no restrictions in terms of number of items to be redeemed, however Points cannot be used for alcoholic beverages, gift cards, tax, or gratuity. Members can earn Points on dine-in, delivery, and to-go purchases from Chili's. Purchases through third-party delivery or dining services are not eligible for Points. Points cannot be earned for purchases prior to Membership in the Program. All earned Points are valid for 120 days from date of Member's last visit at which time they will expire. The dollars spent on the following purchases or products are not considered qualifying dollars toward earning Points: alcohol; gift cards; items that are free; taxes; service charges; or gratuity. B. Bonus Points: Members can earn additional bonus Points by completing any My Chili's Rewards then active challenges ("Challenges"), bonus offers ( Bonus Offers ), or other activities issued to Guest(s). Active Challenges & Bonus Offers will be visible by accessing the My Chili's Rewards account through the Web Site ( Chili's Mobile App or logging in to any Ziosk at a participating Chili's restaurant. Challenges & Bonus Offers will be defined by Chili's at our own discretion and may require specific actions by the Guest including but not limited to: purchasing specific items, dining visit spend above a specific dollar threshold, interacting via social media, completing surveys, or visiting on certain days and/or times. Bonus Points awarded for completing additional Challenges & Bonus Offers are awarded entirely at our discretion, subject to the terms and conditions required for each Challenge & Bonus Offer. Bonus Point Challenges & Bonus Offers are awarded at a Guest-level, and the Challenge or Bonus Offer may change or expire without explicit notice. Bonus Points may also be awarded to select Guests for completing specified activities in the Program. Some bonus Points are specified as short-term incentives and may expire before the standard 120 day limit set for Points as defined in 1(A) above. Unless specified otherwise, bonus Points are valid for 120 days from date of Guest's last visit at which time the bonus Points will expire. The ability to earn bonus Points for Challenges & Bonus Offers may be capped at a certain threshold as specified in the terms of a particular Challenge or Bonus Offer. Challenges, Bonus Offers, and/or activities may be issued to one, some, or all Guests, at our discretion. C. New Member Bonuses: New Members only may earn the following bonus Points upon sign-up, one-time only: Welcome bonus: 60 Points applied to Guest's reward account within 48 hours, when they sign up. These points will expire 14 days after being added to the account if not used. D. Redeeming Points: A Member can redeem their Points in two ways.

2 By Ziosk A member may simply enter their 4-digit PIN on a Ziosk at a participating Chili's after they have selected their Rewards and it will be credited to their check. At the My Chili's Rewards Website or in the Chili s Mobile App- they will receive a barcode after selecting and confirming their Reward. They will scan that barcode on the Ziosk at their table to have their Reward credited to their check. In the rare event that the Ziosk is not properly crediting the Reward, they may show their server the redemption screen on their phone and the server will take the necessary information from the screen and process it from there. Points assigned to any Reward are determined in our discretion and are not representative of any specific dollar value. Point values are subject to change. E. View Their Points: To view how many Points they have accrued and possible Reward options, a Member can log in to their account using the Ziosk at their table in a participating Chili's restaurant or visit us at using their mobile phone, tablet or computer or other available access to the internet. 2. ELIGIBILITY / MEMBERSHIP A Guest may enroll in My Chili's Rewards if: They are a legal resident of the fifty (50) United States, They are at least 18 years of age at the time they enroll, They have a postal address that the United States Postal Service recognizes, They have an active address, They have an active telephone number (land line or mobile), and They are not a Brinker team member or an immediate family member of a Brinker team member. Membership is valid only at participating U.S. Chili's Grill & Bar locations and is not valid at any Chili's restaurant outside of the U.S. If a Member is between 18 and the age of majority in his/her state or jurisdiction, the Member, by enrolling in the Program, acknowledges that he/she has obtained permission to do so from a parent or legal guardian. Brinker does not knowingly collect information about individuals under 18 years of age. If they are a parent or guardian or other person and become aware of information collected from an individual under 18 years of age, please contact Brinker immediately at the following toll-free number: We may terminate a Membership, including any associated accounts and related Points, without notice, for any reason in our sole discretion, including, without limitation, our belief that continued use of such Membership would violate any provisions of this Agreement or applicable law, or would otherwise be harmful to our interests. Points earned as a result of fraudulent behavior will be forfeited. We may terminate or alter any or all of the benefits available under the Program at any time with or without notice. Members who cancel voluntarily may not reactivate their account but are eligible to open a new account without the benefit of the previously accumulated balance. Members may be provided with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of the Member website, Each Member has the responsibility for the use and protection of his/her own password, username and/or other codes to gain access to the loyalty website.

3 From time to time, Members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions and rules published at the time of such event and applicable state laws. Membership Points and Rewards Points earned may be redeemed in any future transaction during the term of the Program, subject to exceptions contained within this Agreement and may not be used or redeemed as a part of the same transaction where the Points were earned. Points cannot be combined with any other offer or coupon. Points may not be earned on a Check that also contains Brinker Team Member discounts. Points may be redeemed for more than one Reward at the same time, subject to the terms and conditions of each Reward. Points that are earned will be credited to a Member's account within 48 hours of the visit for which the Points were earned. If a Member determines earned Points have not been properly credited to his/her account, then the Member may contact our Guest Relations department at or may complete the Missing Points Request form at the website. Missing Points Requests may be submitted and awarded only within 30 days of the date of the eligible visit. A summary of current eligible Points and Rewards for each Member is visible by accessing their My Chili's Rewards account through the website, Mobile App or logging in-to any Ziosk in any participating Chili's restaurant. Points (i) are nontransferable, (ii) have no cash value, (iii) may not be purchased, and (iv) are not redeemable for cash under any circumstance unless required by law. Accumulated Points and Rewards do not constitute property of the Member, nor are accumulated Points or Rewards transferable by the Member upon death, as part of a domestic relations matter or otherwise. Points and other benefits of the Program may be taxable to the Member where required by law. 3. JOINING MY CHILI'S REWARDS To enroll in My Chili's Rewards, Guests have the option to register in-restaurant using the Ziosk or by going to or in the Chili s Mobile App. To complete the enrollment, they will have to accept these terms and conditions. It can take up to 48 hours to see any Points added to their account. All enrollment information provided must be truthful, accurate and complete. Should untruthful information be provided, we may block them from enrolling in the My Chili's Rewards Program, or we may cancel their Membership and cancel any accumulated Points. Each person may register for only one My Chili's Rewards Program account. If multiple accounts are created, we may cancel their Membership in the My Chili's Rewards Program, de-activate and/or cancel all their My Chili's Rewards accounts they have created. Further, we may refuse to allow them to re-enroll in the My Chili's Rewards Program. 4. COMMUNICATION My Chili's Rewards communications will be conducted through various channels of communication, including but not limited to, the Ziosk, My Chili's Rewards website, Chili's Mobile, and SMS. By enrolling in the My Chili's Rewards Program, Members agree to receive advertising, marketing materials and other Program communications, unless expressly disallowed as a profile preference. We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address and telephone number. Members can change their account information by updating

4 Member profile data through an authenticated or account, or contacting Guest Relations at We cannot assume any, and disclaim all, liability for correspondence, or SMS, that is lost, delayed or misdirected. If at any time they want to stop receiving messages from Chili's Grill & Bar, they can opt-out through the Chili's Grill & Bar website. They may also contact Guest Relations at or they may send Brinker their request in writing to the following address: Brinker International Payroll Company, L.P., 6820 LBJ Freeway, Dallas, TX Attn: Chili's Marketing, Re: My Chili's Rewards Opt-Out Message. For SMS terms, please visit 5. PRIVACY Privacy Policy: The information provided by the Member is subject to and will be handled according to our Privacy Policy, available at 6. BENEFITS OF MY CHILI'S REWARDS Members earn Points for each purchase. Members may also earn Points toward Rewards by purchasing qualifying food items and non-alcoholic beverages at participating Chili's restaurants via Program Challenges. To receive credit for purchasing qualifying food items and non-alcoholic beverages, their Points will automatically be tracked postpurchase. They can track the credits and Points they have already earned and that they may earn by logging via the Ziosk at a participating Chili's restaurant or by visiting website. 7. CHANGES TO MY CHILI'S REWARDS We maintain the right at any time, with or without giving them prior notice, to: End the Program and/or any specific Reward; Change any Reward, the points value for any Reward, or any other Program benefit we offer; Change the requirements for earning a particular Reward; Change the time they have in which to earn a particular Reward; and Change any other feature of the Program. If we decide to end the Program, Rewards and Points they have earned but not used will expire on the end date, and they may not redeem any Rewards or use any Points after the end date. Failure to notify them that the Rewards Program is ending or that we are ending a specific Reward plan will not give them any right to require us to continue the Program or the specific Reward after the date we end the Program or the specific Reward plan. Neither will notification failure obligate us to compensate them for any Rewards or Points that they do not use before we end the Program or the specific Reward plan. Rewards and Points they accumulate under the Program have no cash value. To the extent permitted by law, when they enroll in the Program, they waive their rights under any law that may require us to obtain judicial permission to change these rules or to end the Program. 8. CANCELLATION OF MEMBERSHIP If at any time a Member wants to terminate their My Chili's Rewards account, they can: Unsubscribe by clicking on the "unsubscribe" link in any My Chili's Rewards . They may also contact Chili's Grill & Bar guest relations department at For SMS terms, please visit

5 They may send Brinker their request in writing to the following address: Brinker International Payroll Company, L.P., 6820 LBJ Freeway, Dallas, TX Attn: Chili's Marketing, Re: My Chili's Rewards cancellation request. They will not receive any further My Chili's Rewards messages from Chili's Grill & Bar unless they solicit the communication. Canceling or Unsubscribing from My Chili's Rewards communications will terminate any loyalty branded communication. They still may be subject to receiving non-loyalty s from Chili's. Their Rewards account may be cancelled if we determine that they are not eligible to be a Member of the Program or that they have violated these Rules. We may cancel some or all of their earned Points and credits if we determine that they received the Points or credits due to an error, through fraud or deception, or in any manner not consistent with these Rules. 9. DISCLAIMERS; LIMITATIONS OF LIABILITY This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the My Chili's Rewards Program with respect to the Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any Member of any portion of the My Chili's Rewards Program is deemed to have accepted the terms and conditions of this Agreement. We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at Any change shall take effect immediately upon posting, unless otherwise provided. They may view the current version of this Agreement at any time online at They may also obtain a copy at any Chili's Grill & Bar location or by contacting us at BINDING ARBITRATION Any controversy or claim arising out of or relating to this Agreement (including any breach hereof) or the My Chili's Rewards Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Brinker from seeking any injunctive relief in State or Federal courts for protection of its intellectual property rights (including such rights of its licensors). 11. GOVERNING LAW All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement or the My Chili's Rewards Program, or the rights and obligations of any Member or us in connection with the same, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas. 12. ACKNOWLEDGEMENT This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the My Chili's Rewards Program with respect to the Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of the My Chili's Rewards Program is deemed to have accepted the terms and conditions of this Agreement.

6 13. QUESTIONS If you need to contact us for any reason regarding this Agreement, you may do so by contacting Guest Relations at or by mailing us at the following address: Brinker International Payroll Company, L.P LBJ Freeway Dallas, TX Attn: Chili's Marketing Re: My Chili's Rewards Program This Agreement was last modified on 05/02/2016.