Terms and Conditions

TERMS AND CONDITIONS

Maggiano’s® Rewards Program Terms of Use

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON BRINKER INTERNATIONAL’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

BY PARTICIPATING IN THE MAGGIANO’S REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PARICIPATE IN THIS PROGRAM.

These Terms and Conditions (the "Agreement") govern your use of the Maggiano’s® Rewards Program ("Program"), which is a program administered by Brinker International Payroll Company, L.P. (collectively "we," "us," "our," "ours", "Brinker" or "Maggiano's") that allows you ("you," "your," "yours," "Member", or "Guest") to earn rewards for or receive communications about offers at participating Maggiano’s Little Italy restaurants or other participating Brinker restaurants or brands. Your use of the Program ("Membership") subjects you to the provisions of this Agreement, the terms of which may be amended from time to time by us in our sole discretion and without notice to you. Any changes to this Agreement will be posted to www.maggianos.com/rewards-terms-and-conditions/ and shall become effective as of the date on which they are posted. You understand that you are waiving any right to receive special notice of any such modifications.

This Program is intended for personal use only. Commercial use is strictly prohibited. Any information about you collected by Brinker through your participation in the Program shall be subject to our Privacy Policy and general Terms and Conditions. The Privacy Policy provides more information on how Brinker collects, uses, and shares your personal information. Please note that the Program is not directed to children under the age of 18, and you understand that you must be at least 18 years old to participate in the Program. This Agreement is separate from and does not affect any other terms and conditions you may have agreed to with Brinker.

ENROLLING IN THE PROGRAM

To enroll in the Program, Guests have the option to register in-restaurant using available technology, or you can visit www.maggianos.com/rewards or the Maggiano’s mobile app to complete enrollment. All Guests who desire to join the Program must accept this Agreement and any other terms disclosed in writing at the time of enrollment. Please allow up to 48 hours to see Rewards added to your account.

When registering your account, you may need to provide information such as your name, email address, a username and password, postal address, phone number, date of birth, payment information, and/or marketing preferences. All enrollment information provided must be truthful, accurate and complete. Brinker reserves the right to block enrollment and/or cancel certain Rewards should you provide inaccurate information.

EARNING REWARDS

The Program entitles Members to earn and receive certain rewards (“Rewards”) at participating U.S. Maggiano’s Little Italy locations or affiliated Brinker locations as a way of thanking our biggest fans with the best deals. There are several types of Rewards that may be earned. A Reward may be subject to additional terms and conditions set forth in the Reward.

A. Standard Rewards. By joining the Program, you will receive certain single-use introductory and personalized offers (provided you opted-in to receive such offers at the time you joined the Program).

B. Maggiano’s Regular Rewards. Visit a participating Maggiano’s location 3 times within 365 days and spend at least Forty U.S. Dollars ($40.00) on food or beverage (excluding taxes, tips, gift cards, alcohol, or donations) and receive a reward for a discount on your next meal (the “Offer”). This Offer is only available to Guests who dine-in, order online using the Maggiano’s website or the Maggiano’s mobile app, or visit a participating Maggiano’s for a To Go order. Offer value may vary and may be subject to terms and conditions (including expiration date) which may be stated on such Offer. We may, from time to time and without notice, require that you visit participating locations within a minimum number of days in order to maintain Maggiano’s Regular status and eligibility for the Offer.

C. Bonus Rewards. Members can earn additional Rewards by completing any active bonus offers (“Bonus Offers”) or other activities issued to our Guests from time to time. Active Bonus Offers are visible by accessing your Rewards account at www.maggianos.com/rewards, or by using the Maggiano’s® mobile app or available technology at a participating Maggiano’s® restaurant. Bonus Offers are issued by Maggiano’s® in our sole discretion and may require specific actions by the Guest, including but not limited to the following: (i) purchasing specific items, (ii) dining visit spend above a specific dollar threshold, (iii) interacting via social media, (iv) completing surveys, or (v) visiting on certain days and/or times. Bonus Rewards for completing Bonus Offers are awarded entirely in our discretion and are subject to any terms and conditions included with the applicable Bonus Offer. Bonus Offers are awarded at an individual level in Maggiano’s® sole discretion and may change or expire without special notice to you. Bonus Rewards may also be awarded to select Guests for completing specific activities in connection with the Program. Your ability to earn Bonus Rewards may be capped at a certain threshold as further outlined in the terms and conditions for a particular Bonus Offer.

REDEEMING REWARDS

You can find your Rewards in your Maggiano’s® mobile app under the Rewards tab or on www.maggianos.com/rewards when you log into your account. When receiving personalized Rewards through email or text, follow the instructions provided in the message to redeem the eligible Reward.

A Member can redeem Rewards in the following ways:

B. Rewards Website / Maggiano’s Mobile App. Log in at www.maggianos.com/rewards or open the Maggiano’s® mobile app to view the applicable Reward. The Reward will be applied to your check when selected before paying for your order on a Maggiano’s® website or through the Maggiano’s® mobile app. When dining-in, scan the bottom of your receipt and sign into www.maggianos.com/rewards to apply the reward before completing payment.

VIEWING REWARD OPTIONS

To view eligible Reward options, log in to your account using Maggiano’s® mobile app or the in-restaurant tablepay application at the participating Maggiano's® or visit us at www.maggianos.com/rewards.

REWARDS GUIDELINES

The Program is subject to the additional terms and conditions outlined below:

A. Members cannot redeem more than one (1) Reward per visit to a participating restaurant. A Reward cannot be combined with any other offer or coupon, and Rewards may not be earned on a transaction that includes Brinker Team Member discounts.

B. All earned Rewards will be credited to your account within forty-eight (48) hours of the transaction in which the Reward was earned. If you determine an earned Reward has not been properly credited to your account, you may contact our Guest Engagement team at https://www.maggianos.com/contact/.

C. A Reward may not be redeemed in the same transaction in which it was earned or issued. Rewards are redeemable for future use only, subject to the terms described in this Agreement. Most Rewards are offered for a limited time only. Check the relevant Reward for expiration details.

D. Please note that Rewards (i) are nontransferable and may not be shared with others, (ii) have no cash value, (iii) may not be purchased, and (iv) are not redeemable for cash under any circumstance unless required by law.

E. You are permitted to have only one Rewards account that is personal to you. If multiple accounts are created, we may cancel or deactivate your Membership in the Program and/or refuse to allow re-enrollment in the Program.

F. Accumulated Rewards do not constitute property of the Member, nor are accumulated Rewards transferable by the Member upon death or as part of a domestic relations matter or otherwise. Rewards and other benefits of the Program may be taxable to the Member where required by law.

MEMBERSHIP ELIGIBILITY

You may be eligible to enroll in the Program if you meet the following criteria:

A. You are a legal resident of one of the fifty (50) United States;

B. You are at least 18 years of age (or the applicable age of majority) at the time of enrollment;

C. You have a postal address that the United States Postal Service recognizes;

D. You have an active e-mail address;

E. You have an active telephone number; and

F. You are not a Brinker team member or an immediate family member of a Brinker team member.

Your membership in the Program is valid only at participating Maggiano's® located in the U.S. and shall not be valid at any Maggiano's® restaurant outside the U.S. If you are younger than the age of majority in your state or jurisdiction, you acknowledge that, by enrolling in the Program, you have obtained permission to do so from your parent or legal guardian.

Once enrolled in the Program, you may be asked to utilize usernames, passwords, and/or other codes or devices to gain access to restricted areas of the Member website (www.maggianos.com/rewards). You agree to submit and maintain accurate information, and remain responsible for the use and protection of your own login credentials and Reward information. You can modify your account information at any time by updating your profile at www.maggianos.com/rewards, in your Maggiano’s® mobile app, or by contacting our Guest Engagement team at www.maggianos.com/contact/.

COMMUNICATION

By enrolling in the Program, you may receive Rewards communications through various channels, including but not limited to, e-mail and SMS, the Member website (www.maggianos.com/rewards), and/or your Maggiano's® mobile app. You have the choice to opt-in to receive certain SMS communications at the time you enroll in the Program; however, you agree to receive other advertising, marketing materials and other communications from us as a result of enrollment in the Program, unless expressly disallowed as a profile preference. Brinker disclaims all liability for any correspondence, e-mail, or SMS communications that might be lost, delayed or misdirected.

If at any time you want to stop receiving Rewards-related messages from Maggiano's, you can opt-out using the following methods:

A. Contact the Guest Engagement team by submitting your inquiry at www.maggianos.com/contact/.

B. Send a written request to be opted-out to the following address: Brinker International Payroll Company, L.P., 3000 Olympus Blvd., Dallas, TX 75019 Attn: Maggiano's Marketing, Re: Maggiano's Rewards® – Opt-Out Message.

C. Unsubscribe from receiving further emails by clicking on the "unsubscribe" link in any Rewards email.

D. Unsubscribe from receiving further SMS communications by editing your SMS communication preferences in your account profile, or replying “STOP” to any text or native mobile message received from Maggiano’s®.

Unsubscribing from Rewards communications will terminate all Rewards-related communications. However, you may still receive certain non-Rewards emails from Maggiano's or communications you have otherwise consented to receive.

CANCELLATION OF MEMBERSHIP

You can terminate your Rewards account at any time using the following methods:

A. Contact the Guest Engagement team by submitting your inquiry at www.maggianos.com/contact/.

Brinker may terminate your Membership, including any associated accounts and/or earned Rewards, without notice and for any reason in our sole discretion. This includes any belief that your continued Membership would violate the provisions of this Agreement and/or applicable law, or would otherwise be harmful to our interests. If we find that any accounts appear to be duplicative, we reserve the right to suspend or combine such accounts. Rewards earned as a result of fraudulent behavior will be forfeited.

Once Membership has been cancelled, you cannot reactivate that account and access previously accumulated Rewards; however, you may be eligible to open a new account. Please note that canceling your Membership or unsubscribing from Rewards communications will terminate all Rewards-related communications. However, you may still receive certain non-Rewards emails from Maggiano’s® or communications you have otherwise consented to receive.

CHANGES TO THE PROGRAM

Brinker maintains the right to do any of the following at any time without prior notice to you:

A. End the Program and/or any specific Reward;

B. Change any Reward or any other Program benefit we offer;

C. Change the requirements for earning a particular Reward;

D. Change the time provided in which to earn a particular Reward; and

E. Change any other feature of the Program.

If Brinker terminates the Program, any Rewards you have earned but not used will expire on the last day of the Program or as otherwise set forth in the applicable terms for that Reward. In no event, however, will Rewards be redeemed after the Program has ended. You understand that Brinker has no obligation to continue the Program or a specific Reward, or to compensate you for any unused Rewards. To the extent permitted by law, when you enroll in the Program, you waive any right to require Brinker to obtain judicial permission to change this Agreement or to end the Program.

DISCLAIMER

THE PROGRAM IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRINKER DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRINKER DOES NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THE PROGRAM IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRINKER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU (AND NOT BRINKER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR MEMBERSHIP AND AGREE THAT YOUR SOLE REMEDY AGAINST BRINKER FOR ANY PROBLEMS WITH THE PROGRAM IS TO DISCONTINUE YOUR MEMBERSHIP. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

ARBITRATION, JURISDICTION, CLASS ACTION AND JURY WAIVERS

Any claim you may have with respect to the Program must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with Brinker related to the Program will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding, and administered by JAMS before a single arbitrator in a location determined by JAMS in accordance with its rules or as mutually agreed. The arbitrator shall apply Texas law and render a decision based on the terms, conditions and agreements referenced herein. Should any part of this arbitration provision be deemed unenforceable, the other provisions described herein shall remain in effect. Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to the Program must be brought in Dallas County, Dallas, Texas. Should you file any administrative or legal claims without arbitrating and Brinker brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Brinker in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall by governed by the Federal Arbitration Act (“FAA”).

BOTH YOU AND BRINKER AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, No claims may be made on a class or representative basis as you and Brinker hereby waive the right to assert claims in any class or representative action IN CONNECTION WITH THIS AGREEMENT.

The failure of Brinker International to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.

GOVERNING LAW

All issues or questions concerning the construction, validity, interpretation or enforceability of this Agreement or the Program, or the rights and obligations of Brinker or any Member 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 which would cause the application of the laws of any jurisdiction other than the State of Texas.

ACKNOWLEDGEMENT

This Agreement, including all documents referenced herein, represents the entire understanding of the Program between you and Brinker, and shall supersede all other agreements and understandings relating to such subject matter. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. By enrolling in the Program, Members are deemed to have accepted the terms and conditions of this Agreement.

QUESTIONS

If you need to contact Brinker for any reason regarding this Agreement, you may do so by contacting our Guest Engagement team at https://www.maggianos.com/contact/or by mailing a written inquiry to the following address:

Brinker International Payroll Company, L.P.

3000 Olympus Blvd.

Dallas, TX 75019

Attn: Maggiano's Marketing

Re: Maggiano’s Rewards Program

This Agreement was last modified on 5/2/2023.