Red Robin Royalty Rewards Terms & Conditions ("Rules")

The Red Robin Royalty® Rewards program (the "Program") is a loyalty rewards program offered by Red Robin International, Inc. ("Red Robin," "we", "our", or "us") to Eligible Participants (defined below) to recognize and reward our fiercely loyal Red Robin restaurant guests. The Program allows Eligible Participants who have registered for the Program to collect rewards, credits, and other benefits of being a Program member ("Royalty"), including, but not limited to, free menu items (excluding alcoholic drinks) (collectively, "Rewards"). We offer the Program at participating Red Robin® restaurants in the United States and Canada.

Please read these Red Robin Royalty® Rewards Terms & Conditions ("Rules") carefully. By participating in this Program, you are signifying that: 1) you have read, accept and agree to be legally bound by and 2) you agree that Red Robin and its subsidiaries and affiliates may send you, among other things, Program-related marketing and/or promotional communications.  If you do not wish to receive marketing and/or promotional communications you can unsubscribe at any time. Please note opting out of such communications may impact your Royalty status and specific Royalty Rewards. For more information about your communications preferences, see the Keeping in Touch With You section below. Red Robin’s Terms and Conditions of Use (“Terms”) and Privacy Policy are expressly incorporated herein by reference.

THESE RULES CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER THAT LIMIT YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING OR PARTICIPATE IN A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.  THERE IS LESS DISCOVERY AND APPELLATE REVIEW IN ARBITRATION THAN IN COURT.  PLEASE REVIEW THESE PROVISIONS CAREFULLY.

Eligibility

The Program is open to individuals who: (a) are a legal resident of the United States or Canada, (b) are over the legal age of majority in their state, province or territory of residence at the time they register for the Program, (c) have a postal address that the United States Postal Service or Canada Post recognizes, (d) have an active e-mail address, and (e) have an active telephone number (land line or mobile). For greater certainty, only individuals may register for the Program. No corporations, partnerships, limited liability companies, trusts, or other legal entities (with the exception of individuals) may register for the Program. Any individual who is eligible to participate in this Program in accordance with these criteria (as determined by Red Robin in its sole and absolute discretion) will hereinafter be referred to as "Eligible Participant(s)", "you", "your". Each Eligible Participant is subject to verification at any time. Red Robin reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Red Robin, including, without limitation, government issued photo identification) to participate in this Program. Failure of an Eligible Participant to provide such proof to the satisfaction of Red Robin in a timely manner may result in disqualification from the Program. If you do not meet the eligibility criteria of this Program you may not participate in the Program. Red Robin reserves the right to immediately and without notice cancel all, rewards, credits, and other benefits of being a Red Robin Program member (collectively, "Rewards") and delete the account of any ineligible person found participating in the Program.

REGISTERING FOR THE PROGRAM

To register for the Program, an Eligible Participant must register for an account (“Account”). Eligible Participants can register online, by text, or through the Red Robin Mobile App by following the instructions in The Registration Process section below or if available, through the tabletop device at participating restaurant locations (the "Registration"). All required information for each reward level must be completed. Please refer to The Benefits of Being Royalty section below for more details.  You can also register using your Facebook or Google account. Upon completing your Registration in accordance with these Rules and instructions on the Website, you will be given an Account. An Account will not officially be created until you receive confirmation.

The Registration process

Join Online

Go to redrobin.com/royalty (the "Website") and click the "JOIN Now" links.

Enter your first and last name, a valid e-mail address, a password using the password characters stated on the website, a valid phone number and your month and year of birth. Please note that a valid phone number and birthday are required for select offers.  By providing this information, you warrant that it is accurate. By providing your phone number, you warrant that you are the subscriber or customary user of that number.  Should you cease to be the subscriber or customary user of a phone number provided to Red Robin, you agree to immediately inform Red Robin.

Sign up for Promotional coupons, offers and news by choosing your communication preference of the methods offered to you. Please note that these may be required for select offers (see The Benefits of Being Royalty section below for description of Royalty status).

By selecting the “Submit” button you are attesting that you are over 18 years old and you have read the Rules of the program.

Enter the e-mail address that you want to use for your Account login or click on the links provided to join using your Facebook or Google account.

You will receive a confirmation e-mail to the e-mail address you specified.

After your account is created, you will be asked to select your "My Favorite Red Robin” restaurant. If your browser settings allow it, the 5 Red Robin restaurants closest to your current location will automatically be shown.

Alternatively, you can enter an address, city, state/province or zip/postal code in the search box to retrieve a list of restaurants closest to the location you entered.

If you would like Free Birthday Burger Royalty status (see The Benefits of Being Royalty section below for description of Royalty status), enter your month and year of birth (you must be at least the age of majority in your home jurisdiction to join the Program).

Please indicate your Military Designation (U.S. Residents only) and/or Teacher Designation.

If you would like Surprise & Delights and Free Birthday Burger Royalty status (see The Benefits of Being Royalty section below for description of Royalty status), validate your phone number by either replying to the text/SMS message we send you or, if you entered a landline, by confirming the automated call you receive. That's it!

Join using the Red Robin Mobile App

Go to the appropriate Apple or Android App Store and download the Red Robin Mobile App and select "Sign In" links. You will be passed to a screen for login but look for the option to “Create an account”.

If you want to create an account with your apple or Facebook account, enter the e-mail address that you want to use for your Account login or click on the links provided to join using your Facebook or Apple account.

Enter your first and last name, a valid e-mail address, a password using the password characters stated on the website, a valid phone number and your month and year of birth. Please note that a valid phone number and birthday are required for select offers.

Sign up for Promotional coupons, offers and news by choosing your communication preference of the methods offered to you. Please note that these may be required for select offers (see The Benefits of Being Royalty section below for description of Royalty status).

By checking the box for Terms and Conditions and selecting the “Continue” button you are attesting that you are over 18 years old and you have read the Rules of the program.

You will receive a confirmation e-mail to the e-mail address you specified.

After your account is created, you will be asked to select your "My Favorite Red Robin” restaurant. If your browser settings allow it, the 5 Red Robin restaurants closest to your current location will automatically be shown. Alternatively, you can enter an address, city, state/province or zip/postal code in the search box to retrieve a list of restaurants closest to the location you entered.

If you would like Free Birthday Burger Royalty status (see The Benefits of Being Royalty section below for description of Royalty status), enter your month and year of birth (you must be at least the age of majority in your home jurisdiction to join the Program).

If you would like Surprise & Delights and Free Birthday Burger Royalty status (see The Benefits of Being Royalty section below for description of Royalty status), validate your phone number by either replying to the text/SMS message we send you or, if you entered a landline, by confirming on the call you receive. That's it!

We will use your contact information to keep in touch with you in the ways you select when you register in the Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages (e.g., start having us send messages to your mobile phone number), please log onto royalty.redrobin.com and update your contact information or preferences. Your enrollment information will be made available to you in your Account. Please log into your Account if you wish to receive a copy.

There is a limit of one Registration per Eligible Participant permitted. If it is discovered that any Eligible Participant (or, an individual purporting to be an Eligible Participant) has attempted to: (i) obtain more than one Registration; and/or (ii) use or attempt to use multiple names, identities and/or more than one e-mail address to complete a Registration, then, in the sole and absolute discretion of Red Robin, you may be disqualified from participating in the Program and we may cancel your Account, de-activate or cancel all of the Red Robin Program Accounts you have registered. Further, Red Robin may refuse to allow you to re-register in the Program.

An Eligible Participant's Registration will be blocked from registering in the Program, or we may cancel your Account, if, in the sole and absolute discretion of Red Robin, any information you provide us is not truthful, accurate and complete. Use, or any attempted use, of multiple names, identities, e-mail addresses and/or any automated, macro, script, robotic or other systems(s) or program(s) to register for or otherwise participate in or disrupt this Program is strictly prohibited and is grounds for disqualification. Red Robin is not responsible for late, lost, misdirected, delayed, incomplete or incompatible Registrations (all of which are void). Red Robin reserves the right, in our sole and absolute discretion, to refuse issuance or revoke an Account to any individual that does not follow the required registration procedures as set out in these Rules, or for any other reason or no reason.

We do not anticipate having to limit the number of people that we will allow to register for the Program, but we reserve the right to do so.

We do not charge you a fee to register in the Program or to remain a member of the Program.

The Program is in no way sponsored, endorsed, or administered by Facebook or Google. If you decide to register using your Facebook or Google account, you understand that you are providing your information to Red Robin. For more information, please read our Privacy Policy.

The Benefits Of Being Royalty

Being Royalty (a member of the Program or “Royalty Member”) makes you eligible to receive Rewards. Royalty Members may earn credits toward Rewards by purchasing qualifying food items and non-alcoholic beverages at participating Red Robin restaurants. The Program offers different levels of rewards based on Members Account preferences.

For more information about receiving marketing and promotional Communications, see the Keeping in Touch With You section below.

Base Rewards

Base Rewards is conferred on those Royalty Members who choose to: 1) provide their e-mail address; and 2) provide their phone number. Base Royalty status allows you to earn credits towards Buy 9 Get 10th Item and Free and 5 Visits in 5 Weeks Rewards

Required Account Preferences – e-mail address and phone number

Surprise and Delight Rewards

Surprise and Delight Rewards is conferred on those Royalty Members who choose to: 1) provide their e-mail address; 2) provide their phone number; and  3) subscribe to receive promotional marketing communications from Red Robin, either by e-mail, Mobile App Notifications or text message. Surprise and Delight Reward status allows you to earn credits towards Buy 9 Get 10th Item Free and 5 Visits in 5 Weeks Rewards.

Required Account Preferences – e-mail address, phone number, and SMS/text message, Mobile App Notifications, or e-mail opt-in

Free Birthday Burger

Free Birthday Burger Reward is conferred on those Royalty Members who choose to: 1) provide their e-mail address; 2) provide their phone number; provide their month and year of birth; 4) validate their phone number; and 5) subscribe to receive promotional marketing communications from Red Robin, either by e-mail, Mobile App Notifications or text message. The Free Birthday Burger status allows you to receive Surprise & Delight Rewards and earn credits towards Buy 9 Get 10th Item Free and 5 Visits in 5 Weeks Rewards.

Required Account Preferences – e-mail address, SMS/text message, Mobile App Notifications or e-mail opt-in, validated phone number, and month and year of birth

For a description of the types of Rewards referenced above, see the Reward Redemption section below.
The credits you receive may depend on the specific menu items you purchase, the amount you spend (excluding sales tax and tips), where you live, how long you have been Royalty, and, for certain Rewards, other factors that we will announce when we announce that the Reward is available to Royalty. You can track the Rewards you have already earned and that you may earn by logging into your Account.

If the credits you have in your Account don't qualify for a particular Reward, we will apply the credits towards one or more other Rewards that you can claim.

Rewards and credits towards Rewards will be automatically tracked and allocated to each Royalty's Account by Red Robin in accordance with our official records. Rewards have no cash value and are not exchangeable for cash. Rewards have no value outside of this Program. Rewards cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred. Any Rewards so acquired are void. The accumulation of Rewards does not entitle the Royalty Member to any vested rights, and Red Robin does not guarantee in any way the continued availability of any Reward.

All Rewards are subject to verification at any time for any reason. Red Robin reserves the right, in our sole and absolute discretion, to invalidate any Rewards we deem to have been awarded in error, or as the result of any fraudulent or dishonest activity, or any activity not in keeping with the letter and/or spirit of these Rules, as interpreted by us in our sole and absolute discretion. Any Rewards that cannot be verified to the satisfaction of Red Robin are subject to disqualification.

The Red Robin Parties (as defined below) will not be liable for the failure of any Rewards to be captured or recorded for any reason, including, but not limited to, 1) any failure of the Website; 2) any technical malfunction or other problems relating to the telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software; and/or 3) any combination of the above.

If your Account is closed (regardless of the reason for Account closure), Red Robin will de-activate your account and you will forfeit all Rewards that you may have earned. Upon the death or personal bankruptcy of Royalty, the Royalty Member's Account will be closed and any Rewards in the Account will be forfeited. Rewards are not divisible in the case of divorce.

Red Robin Royalty® Rewards

To receive credit for your qualifying purchase and to redeem a Reward you have earned, present your Program Card or the phone number associated with your Account to your server or tabletop device at participating restaurant locations with your payment. Your server will enter your Program Card information or the phone number associated with your Account in the Program System, the fact that you visited the restaurant, and the items you purchased. Your Account will be automatically adjusted to show any credits you received and any Rewards you redeemed. If ordering through the Mobile App or Online Ordering process, you must identify your Royalty Member Account by logging in with your Royalty Account information prior to purchase.

You may redeem only one earned Reward per visit to a Red Robin restaurant, and you may redeem only two earned Rewards per day. If you have earned more than one Reward, just present your Program Card or the phone number associated with your Account to your server with your form of payment, and our Program system will apply the highest ranked Reward that you have earned to your bill (see Reward Redemption section below for Reward rankings). The Rewards you do not redeem will remain in your Account until you use them or until they expire, whichever occurs first. All Rewards are subject to availability at the time of redemption request. We may make certain Rewards available only while quantities and supplies last.

If you visit a Red Robin restaurant with other Royalty Members, please ask your server to give each Royalty Member a separate check and apply the credits for each Royalty Member's purchases to that particular Royalty Member's Account.

If you forget to provide your server with your Program Card or the phone number associated with your Account when you pay for your meal, not all is lost: you can still receive credits for your qualifying purchases by scanning and submitting your receipt to www.redrobin.com/pages/help/contact/ and selecting "Add Credit to Account." You may use this process to add credits to your account for 30 days following your restaurant visit. You will not receive credits for qualifying purchases that you purchase prior to Registration.

All costs, fees and expenses incurred by a Royalty Member in redeeming a Reward and using the Reward are the full and sole responsibility of the Royalty Member. Each Royalty Member is fully and solely responsible for any and all income and local, state, provincial and deferral taxes on the Reward they receive.

Reward Redemption

Surprise & Delight

Reward Description

Occasionally, we may send you a promotional marketing message notifying you that we have made a Surprise & Delight Reward available just for you. Surprise & Delight Rewards will be limited time offers that you may redeem only during the time stated in the message we send you. We will try to tailor Surprise & Delight Rewards to fit your menu favorites and other interests, so we may not offer you the same Surprise & Delight Rewards that we offer other Royalty Members. We also tailor these rewards to you by examining your purchase history. Valid at participating locations. One example of a previous surprise and delight was 25% off a Gourmet or Finest Burger through 09/05/2021. Valid once per day per member for dine-in or to-go occasions. Excludes modifications or add-ons, alcohol, gift card sales, and tax.

Required Account Preferences

  • Email
  • Phone Number
  • Opt-in to receive SMS, mobile app notifications or email marketing communications

5 Visits in 5 Weeks

Reward Description

If you visit a Red Robin restaurant 5 separate times during the first 5 weeks immediately after you activate your Account, and purchase a qualifying menu item during each visit and you have presented your Program Card or your phone number associated with your Account to your server or tabletop device with your form of payment, you will receive a $20 Reward that you may redeem on your 6th visit to a Red Robin or Red Robin Burger Works restaurant. To qualify for this "5-in-5" $20 Reward, you must purchase a regular priced burger, entrée, entrée full-sized salad or sandwich (each regular priced non discounted burger, entrée, entrée full-sized salad or sandwich is a "qualifying purchase" or "qualifying menu item") during each of your 5 visits. Kid's Meals, dinner/side salads, appetizers, soups, desserts, beverages, free or reduced priced items and gift cards purchased on their own do not count as a qualifying purchase or qualifying menu item. Once you earn this "5-in-5" $20 Reward, you will have 60 days in which to use it before it expires. You must use the entire $20 value of the "5-in-5" Reward during a single visit. If you do not use the entire $20 value during that single visit, then you will lose the remainder of the $20 value, and you will not be able to use that remainder at any other time.

Required Account Preferences

  • Email Address
  • Phone Number

Birthday Burger

Reward Description

We offer one free Birthday Burger Reward, valid only during the month of your birthday. Valid at participating locations only. Valid on dine-in and dine-out occasions. Offer valid once. The Birthday Burger Reward is good for one free Gourmet, Finest, Tavern Double or Big Style Tavern Burger. The Birthday Burger Reward does not apply to Entrées, Entrée Salads, Wraps, Appetizers, Sides, Desserts, Kids Meals and Beverages. The Birthday Burger Reward does not count towards Royalty Buy 9 Get 10. Discount applied to highest-priced qualifying item. Discount not valid on catering purchases.

Required Account Preferences

  • Email
  • Validated Phone Number
  • Opt-in to receive SMS, mobile app notifications or email marketing communications
  • Date of Birth Month

Every 10th Item Free

Reward Description

Every time you: (i) visit a Red Robin restaurant, (ii) purchase a qualifying menu item or make a qualifying purchase, and (iii) present your Program Card or phone number associated with your Account to your server or tabletop device with your form of payment you will receive one credit on your Account towards an earned Reward. Qualifying items are regular priced burgers, entrées, entrée full-size salads, and sandwiches (each regular priced non discounted burger, entrée, full-sized salad or sandwich is a “qualifying purchase” or “qualifying menu item”). For example, if you purchase 2 regular priced burgers and 1 regular priced entrée during a visit, and you present your Program Card or your phone number associated with your Account to your server or tabletop device, you will receive 3 credits towards your “10th Item Free” Reward. By accumulating 9 credits in your Account, you will earn a “10th Item Free” Reward, which you may redeem for a qualifying menu item that is priced at or below the lowest priced item you ordered to accumulate your 9 credits. The “10th Item Free” Reward will be valid for 60 days after you make your 9th qualifying purchase. Once you redeem a “10th Item Free” Reward within the 60 days Reward is valid, your Account will reset, and you may start accumulating credits towards another “10th Item Free” Reward. You can log into your Account on the website to view the credits you have accumulated.

*At participating locations: Donatos Pizza counts as qualifying items towards your “10th Item Free” Reward. 14” pizzas count as 2 credits towards your “10th Item Free” Reward. 12” and 10” sized pizzas count at 1 credit. Your “10th Item Free” Reward may only be redeemed for 12” and 10” pizzas.

Required Account Preferences

  • Email Address
  • Phone Number

Teen/Kids Club Reward

Reward Description

The free Kids’ Birthday Reward is available to members who have provided email, phone number and date-of-birth, and have opted in for promotional marketing emails or texts.

If your child is 17 or under, you can sign them up by adding their birthday to your Red Robin Royalty profile. The reward will be activated on your account the first day of their birthday month and may be redeemed once during that month by applying the reward to a purchase.

This is a dine-in only reward because your kiddo must be present to redeem the free Kids’ Birthday Reward.

Required Account Preferences

  • Email
  • Validated Phone Number
  • Opt-in to receive SMS, mobile app notifications or email marketing communications
  • Date of Birth Month

Keeping In Touch With You

As a part of the Program, Red Robin may send you informational marketing, and promotional materials and other Program-related communications to the contact information you have provided as part of your Registration. These may include, for example, messages informing you of improvements we make to the Program, new Rewards you may earn, Rewards you have earned that may be ready to expire, new menu items you may want to try, and events happening in Red Robin restaurants. If you change any of your Account contact information after joining the Program, you agree that Red Robin may continue to send you marketing and/or promotional or transactional messages to the new contact information.

Marketing and Promotional Communications

By participating in the Program, you acknowledge and agree that some Rewards require you to opt-in to receiving marketing and/or promotional communications through e-mail, SMS/text message, Mobile App Notifications, Social Ad Targeting, and 3rd party website advertising. Specifically, to be eligible for Surprise and Delight Rewards and the Free Birthday Burger Reward, you must “opt-in” to receive marketing and/or promotional communications, at the time of Registration or by adjusting your Account preferences.

If you no longer wish to receive such marketing and/or promotional communications, you may unsubscribe or opt-out at any time by updating your communication preferences through your Account dashboard, Mobile App settings or by following the instructions contained in the individual marketing and/or promotional message. Please note, opting out of receiving marketing and/or promotional communications may change your available rewards and you will no longer be eligible for select Royalty Rewards. We may still send you transactional communications relating to your participation in the Program (e.g. administrative and service announcements).

SMS Program

Red Robin currently offers SMS programs to those members with SMS Opt In account preferences. As a part of these programs, Red Robin may text or call you with informational and marketing messages to the phone number you provided during registration. These messages include, for example, messages about product improvements, rewards, new menu items, and events at Red Robin restaurants. These calls or texts might be placed or sent using automated technology. Consent to receive marketing communications is not a condition of purchase. You agree that any calls might be monitored and/or recorded.

Please visit redrobin.com/sms-program-terms-and-conditions to review our SMS Program Terms and Conditions or by clicking on the SMS Program link.

Privacy

We take your privacy seriously. When you participate in the Program, we use your information in the manner described in our Privacy Policy. You may read our Privacy Policy by visiting redrobin.com/privacy-policy or clicking on the Privacy Policy link on any Red Robin website.  The Privacy Policy is expressly incorporated herein by reference.

California Notice of Financial Incentive (for California residents only)

Under California law, loyalty programs may be considered a financial incentive. To view our notice of financial incentive, please visit redrobin.com/privacy-policy.

Account Security

You will need your e-mail address and password to access your Account on our Website or Mobile App, or, if you registered with your Facebook or Google account, you can log in to your Account through your Facebook account or Google account. You are responsible for keeping the information you use to access your Account (i.e., the password for your Account, Facebook account, or Google account) private and secure. If someone besides you learns your Account password or learns your Facebook or Google account information, and uses your password or Facebook account or Google account to access your Account, then you will be responsible for any actions that person takes as your Account. You must notify us immediately if you believe your password may have been used by any unauthorized person or entity.

Changes to the Program

We may, in our sole discretion, modify the Program, Rules, Rewards, benefits, eligibility, requirements for earning and redeeming Rewards (including timing) or any other feature of the Program, or may end the Program and/or any particular Reward, in whole or in part at any time, with or without notice and without incurring any liability or obligation.

We will post any changes to these Rules on the Website and will indicate at the bottom of this page the date these Rules were last revised. A Royalty Member’s continued access to and/or use of the Program following the posting of such changes constitutes his/her acceptance of and agreement to be legally bound by these Rules as revised. It is each Royalty Member’s responsibility to check these Rules from time to time to stay informed of any changes.

If we decide to end the Program or a specific Reward, we will attempt, but are not obligated, to provide you 90-days' prior notice either by e-mailing you at the e-mail address associated with your Account or by posting a notice on the Website. However, our failure to notify you that we are ending the Program or that we are ending a specific Reward will not give you any right to require us to continue the Program or the specific Reward after the date we end the Program or the specific Reward. Neither will our failure to notify you obligate us to compensate you for any Rewards or credits that you do not use before we end the Program or the specific Reward. If we end the Program, Rewards and credits you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

To the extent permitted by applicable law, when you register for the Program, you waive your rights under any law that may require us to obtain judicial permission to change these Rules or to end the Program.

How And When Membership May End

You may cancel your Program membership at any time by:

  • Sending an e-mail to [email protected]
  • Sending a letter to "Red Robin Royalty Program", Red Robin International, Inc., 6312 S. Fiddler's Green Circle, Suite 200N, Greenwood Village, CO USA 80111

As soon as you cancel your Program membership, Red Robin will de-activate your Account and you will forfeit any Rewards and/or credits that you may have earned.

We reserve the right, in our sole discretion to de-activate your Account if we reasonably believe that you are or become ineligible for the Program, that you have violated these Rules, or the Account has otherwise been flagged to be associated with fraudulent activity. We may cancel some or all of your earned Rewards and credits if we determine that you received the Rewards or credits due to an error, through fraud or deception, or in any manner not consistent with these Rules. If your Program Membership is terminated or your Account de-activated or otherwise cancelled, any Rewards and/or credits will automatically expire.

Limitation Of Liability

By registering for and/or participating in the Program, you agree that, to the fullest extent permitted by law, none of Red Robin International, Inc. and its parent company, subsidiaries, affiliates and its and their respective directors, officers, shareholders, employees, agents and franchisees and the respective parent companies, subsidiaries, directors, officers, employees, and agents of such franchisees (the “Red Robin Parties”) shall be liable to you for: (1) any claim, loss, injury, damage, delay, accident, cost or expense, including legal fees, arising out of or related to the Program, Rewards, these Rules or the Website; (2) any incidental, indirect, special, punitive, exemplary or consequential damages, arising out of or related to the Program, Rewards, these Rules or the Website, (3) any failure, delay or decision by the Red Robin Parties in administering the Program; (4) any use of your Program Card by a party that you did not authorize to use your Program Card; (5) any representation, claim, offer or statement we make about the Program; and (6) your use and acceptance of any Rewards you receive through the Program. You further agree that in no event will the Red Robin Parties be liable to you for more than USD$50 in the aggregate on account of all wrongful acts or omissions by the Red Robin Parties arising out of or relating to the Program, Rewards, these Rules or the Website.

TO THE FULLEST EXTENT UNDER APPLICABLE LAW, YOU AGREE THAT NOTICE OF ANY CLAIM MUST BE GIVEN WITHIN TWO YEARS OF ITS ACCRUAL OR IT IS WAIVED AND TIME BARRED.

No Warranties

Red Robin makes no warranty of any kind regarding the Program, which is provided on an “As-Is” and “As-Available” basis. Red Robin does not represent or warrant as to the accuracy or completeness of the information posted on the Website regarding the Program or otherwise, or that the Website will be available to you 100% of the time.

Which Law Controls

The Federal Arbitration Act (“FAA”) and the laws of the State of Colorado control, without regard to conflict of laws rules, will govern these Rules, your registration and/or participation in the Program, any Disputes (as defined below), and our performance of our obligations under the Program. To the extent any Dispute is not addressed in arbitration or small claims court as set forth below, you agree to resolve any action or dispute related to the Program or these Rules or otherwise related to your relationship with Red Robin only in the state and federal courts of appropriate jurisdiction located in the State of Colorado.  These Rules are enforceable to the fullest extent permitted under applicable law.

If applicable law prohibits us from offering the Program to you, then you may not register for the Program. If applicable law prohibits us from offering you a feature of the Program, then we may either not offer you that feature of the Program or cancel your Account.

 

Dispute Resolution

These provisions address how you and Red Robin agree to resolve Disputes in the unlikely event that they arise between us.

Pre-Arbitration Claim Resolution

For all Disputes (as defined below), you must first give Red Robin an opportunity to resolve the dispute by mailing written notification to Red Robin at the address below including (a) your name, (b) your address, (c) a detailed written description of your dispute or claim, (d) information sufficient to identify you and any relevant experience or transaction, and (e) a detailed description of the specific relief you seek and a calculation for it to the address below (the “Notice”).  The Notice must be personally signed by you.  You and Red Robin agree to work in good faith to resolve any Dispute informally.  If you and Red Robin do not resolve the Dispute within 60 days after it receives your written Notice, then you may move forward with initiating binding arbitration on an individual basis as described below.  If during this 60 day period Red Robin requests a telephone conference in an effort to resolve the Dispute, you agree to personally participate in such an individualized telephone conference (with your counsel if you are represented).  Any applicable statute of limitations shall be tolled during this 60 day period.  Compliance with this mandatory informal Pre-Arbitration Claim Resolution process is a condition precedent for you or Red Robin to initiate arbitration.  If Red Robin initiates a Dispute with you, it will send a Notice to the physical or email address it has on file for you.  A court of competent jurisdiction shall have authority to enforce this provision and to enjoin the filing or prosecution of arbitrations.  A party may raise non-compliance with Pre-Arbitration Claim Resolution process in court and/or in connection with the arbitration.

Red Robin International, Inc.
10000 East Geddes Avenue
Suite 500
Englewood, CO 80112
Attention: Chief Information Security Officer (with a copy to: Chief Legal Officer)
Telephone: (303) 846-6000

Binding Individual Arbitration – Agreement to Arbitrate All Disputes:

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO PARTICIPATE IN A CLASS ACTION, AND TO HAVE A JURY HEAR YOUR CLAIMS.

This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the applicable consumer American Arbitration Association (“AAA”) rules and procedures (“AAA Rules”) as modified by this agreement, and the right to certain remedies and forms of relief.  Except as provided herein or under the AAA Rules, the parties shall retain the right to seek the same relief that they would otherwise be entitled to seek in court.

Except for “Pre-Arbitration Claim Resolution” referenced above and small claims and requests for injunctive relief specifically referenced below, these Rules provide that any dispute, disagreement, claim, or controversy between you and Red Robin, including any dispute that in any way relates to these Rules, your relationship with Red Robin,  and/or this Program—whether any such dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal theory—will be resolved exclusively by binding individual arbitration (“Dispute”).  Dispute shall have the broadest possible meaning permitted by law.  This includes claims that arose, were asserted, or involve facts occurring before the existence of this or any prior agreement as well as claims that may arise after the termination of these Rules.  The sole exceptions to the foregoing requirement to arbitrate are set forth in the Small Claims and Injunctive Relief section set forth below and either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.  

Administrator and Fees. The arbitration will be administered by the AAA in accordance with the applicable consumer rules then in effect as modified by this agreement. The applicable AAA Rules are available at https://www.adr.org or by calling the AAA at 1-800-778-7879. If AAA is unavailable or unwilling to administer an arbitration consistent with this arbitration agreement as written, the parties will jointly select an alternative arbitration provider that will administer the arbitration consistent with this arbitration agreement as written. If the parties cannot agree on an alternative arbitration provider, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration provider that will administer an arbitration consistent with this arbitration agreement as written.  If after sixty (60) days the Pre-Arbitration Claim Resolution process set forth above is unsuccessful in resolving the parties’ Dispute, a party who desires to initiate arbitration must provide the other party with a written demand for arbitration consistent with the AAA Rules. In addition, if you initiate arbitration, you shall certify that you have complied with the Pre-Arbitration Claim Resolution process above and personally sign your demand for arbitration. The arbitration will be conducted by a single arbitrator. Your responsibility to pay any AAA filing, administrative, and/or arbitrator fees will be as set forth in the AAA Rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Red Robin will reimburse as much of the AAA fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you as compared to litigation.

Arbitrator’s Authority and Decision; Location of Arbitration. The arbitrator’s decision, judgment, or award in any such arbitration will be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof.  The arbitrator shall issue a detailed ruling that includes essential findings of fact and law.  The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) after entry of an award.  If the arbitrator finds that either the initiation of a claim, the substance of a claim, or the relief sought in arbitration was frivolous or was brought for harassment or an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11), the arbitrator may award attorneys’ fees, costs, and expenses in favor of a party.  The arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor all claims of privilege recognized at law.  In any arbitration arising out of or related to these Rules, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.  In any arbitration arising out of or related to these Rules, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.  For the avoidance of doubt, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the arbitrability of any Dispute, the scope, applicability, interpretation, and enforcement of this arbitration agreement, and the interpretation, applicability, enforcement, formation of these Rules, and/or the Terms and/or the Privacy Policy (which are expressly incorporated herein by reference).

Unless you and Red Robin otherwise agree, the arbitration will be conducted in the county where you reside or another location convenient for you. If the amount in controversy does not exceed $10,000 and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Red Robin submit to the arbitrator, unless a party requests a hearing and the arbitrator determines that a hearing is necessary. If such a hearing is determined to be necessary, you and Red Robin agree to personally attend.  If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, the right to a hearing will be determined by the AAA Rules. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this agreement. The arbitrator's award of damages and/or other relief must be consistent with these Rules, including the Limitation of Liability section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator’s award shall be binding only between the parties to the arbitration proceeding and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.

Small Claims and Injunctive Relief. This arbitration agreement does not preclude you or Red Robin from electing to have a Dispute heard in small claims court.  If the Dispute qualifies for small claims court, you or Red Robin may  elect to have the Dispute heard in small claims court so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The determination of whether a Dispute falls within the jurisdictional limits of small claims court shall be for the small claims court to decide in the first instance.  In addition, you and Red Robin both retain the right to apply to a court of competent jurisdiction for provisional or injunctive relief, including for pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Rules.  

Class Action and Collective Relief Waiver and Jury Trial Waiver; Individual Arbitration.  YOU AND RED ROBIN AGREE THAT TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, EACH MAY BRING A DISPUTE AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.A DISPUTE MAY NOT BE CONSOLIDATED WITH A CLAIM BY ANY PERSON OR ENTITY THAT IS NOT A PARTY TO THE ARBITRATION PROCEEDING, AND THE ARBITRATOR MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.  THE ARBITRATOR MAY AWARD RELIEF (INCLUDING ANY DECLARATORY OR INJUNCTIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S DISPUTE. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE PROCEEDING.  THIS CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS AN ESSENTIAL PART OF THIS AGREEMENT, AND IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR RED ROBIN IS ENTITLED TO ARBITRATION OF SUCH CLAIM OR DISPUTE. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT THE CLASS ACTION AND COLLECTIVE RELIEF WAIVER IS NOT ENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A CLAIM OR REQUEST FOR PUBLIC INJUNCTIVE RELIEF) AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF MAY PROCEED IN COURT BUT SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS AND REQUESTS FOR RELIEF.  YOU ACKNOWLEDGE AND AGREE THAT YOU AND RED ROBIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.

Additional Procedures For Multiple Case Filings/Mass Arbitrations. If twenty-five or more similar claims are asserted against Red Robin by the same or coordinated counsel or organizations or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for Red Robin shall each select 15 cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial 30 proceedings, each side shall select another 15 cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case in any bellwether process. Only one case may be assigned to each arbitrator as part of each set of bellwether proceedings unless the parties agree otherwise. The group of arbitrators for any set of bellwether proceedings shall not be identical to the group of arbitrators for any other set, though, over time, individual arbitrators might preside over more than one arbitration in connection with bellwether proceedings.  This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this section from the time the first cases are selected for a bellwether process until the time your case is selected for a bellwether process.  A court will have the authority to enforce these additional procedures, including by enjoining the mass filing or prosecution of arbitrations or the assessment or collection of AAA fees.

Enforcement and Invalidity. Subject to the provisions in the Class Action and Collective Relief Waiver above, if any part of this arbitration agreement is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), then the balance of this arbitration agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.  If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Red Robin shall be entitled to arbitrate their Dispute.  Any changes to these Rules shall not apply to any Dispute to which you or we have already provided notice to the other party notwithstanding any other provision to the contrary.

Entire Agreement

These Rules and other documents incorporated by reference into these Rules, constitute the entire agreement between the parties and set out all the covenants, promises, warranties, representations, conditions and agreements between the parties in connection with the subject matter of these Rules and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, pre-contractual or otherwise. There are no covenants, promises, warranties, representations, conditions or other agreements, whether oral or written, pre-contractual or otherwise, express, implied or collateral, whether statutory or otherwise, between the parties in connection with the subject matter of these Rules except as specifically set forth in these Rules and any agreements or documents incorporated by reference into these Rules.

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Version:  August 10, 2022