Restrictions on Use
Material from www.hooters.com, the HootClub application, and any other World Wide Web site owned, operated, licensed, or controlled by Hooters of America Corporation or any of its related, affiliated, or subsidiary companies (together, "Hooters") may not be copied or distributed, or republished, posted, uploaded, or transmitted in any way, without the prior written consent of Hooters, except that you may download one (1) copy of the material on one computer for your personal, non-commercial home use only. Modification or use of the materials for any other purpose violates Hooters’ intellectual property rights. The material in this site and our application is provided for lawful purposes only.
If you do download images or other material from our site or application, all files, images, and accompanying data are deemed to be licensed to you by Hooters, which retains full and complete title to such images and material. All of the Material available on this site or the HootClub mobile application is proprietary and the subject of copyright, author’s rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way.
You agree that the unauthorized use of this material could cause irreparable harm to Hooters and that in the event of an unauthorized use, Hooters shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
Restriction of Hooters' Liability
HOOTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE OR THE HOOTCLUB APPLICATION, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. HOOTERS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR APPLICATION, EVEN IF THERE IS NEGLIGENCE OR HOOTERS OR AN AUTHORIZED HOOTERS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Hooters’ total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site or the application.
Material You Elect To Provide to This Site
All remarks, comments, graphics, photos, or other information communicated to Hooters through this site or the HootClub application will forever be the property of Hooters. Hooters will not be required to treat your submission as confidential, and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, Hooters will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Hooters will fully cooperate with any law enforcement authorities or court order requesting or directing Hooters to disclose the identity of anyone posting any such information or materials.
Although Hooters may from time to time monitor or review postings, transmissions, and the like on the site or mobile application, Hooters is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site where you may have posted or transmitted material.
You agree that Hooters is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site or application for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By using the site and mobile application and transmitting an unsolicited submission to Hooters you agree that you are not entitled to any compensation, credit or notice whatsoever with respect to such submission, and that by sending an unsolicited submission you waive the right to make any claim against Hooters relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.
Your Registration And/Or Password
Some features that may be available on this site or our mobile application require registration. By registering at and in consideration of your use of this site and/or application, you agree to provide true, accurate, current and complete information about yourself. Some features require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. Hooters may assume that any communications Hooters receives under your password have been made by you unless Hooters receives notice otherwise.
Your use of and browsing in the site and mobile application are at your risk. Neither Hooters nor any other party involved in creating, producing, or delivering the site or application is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or application. Without limiting the foregoing, EVERYTHING ON THE SITE OR APPLICATION IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Hooters also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or mobile application or your downloading of any materials, data, text, images, video, or audio from the site or mobile application.
The material in this site could include technical inaccuracies or typographical errors. Hooters may make changes or improvements at any time.
Further, you may link to external websites (i.e., YouTube, Facebook) from this site or the application, and Hooters makes no warranties and assumes no responsibilities as to those websites. Linking to any such external sites from a Hooters site or application is at your own risk.
Trademarks and Copyrights
You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our express written consent.
Further, you do not have permission to infringe or otherwise use Hooters’ trademarks. The following trademarks used in the website and mobile application are registered and owned by Hooters: Hooters; The Soon To Be Relatively Famous; Delightfully Tacky, Yet Unrefined; The Cure for the Common Restaurant; Hooters Gear; Wingsday; Hooters Snow Angels; 3 Mile Island; Two Tickets To Paradise; World Wing Eating Championship; Daytona Beach; Hooters for Heroes.
If you believe that any material contained in Hooters’ site or mobile application infringes your copyright, you should notify Hooters of your copyright infringement claim in accordance with the following procedure.
Hooters will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent, who is:
The Legal Department, Hooters of America
Attn: Claudia Levitas
1815 The Exchange SE
Atlanta, GA 30339
To be effective, the notification must be in writing and contain the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) 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; (5) 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Jurisdiction and Applicable Law
Hooters controls and operates this site from its headquarters in Atlanta, Georgia, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. We recognize that it is possible for you to obtain access to our website from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material we provide, or your use of this site, is contrary to the laws of the place from which you access the site, then this site is not intended for your use.
If you use this site from locations outside of the United States you are responsible for compliance with applicable your local laws. Further, if you use or download materials from our site or application, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use.
Hooters or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Hooters sites and mobile application, and (b) all related documentation and all copies and installations. Hooters may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon such termination, you must destroy all materials obtained from any Hooters site or application.
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the use of this site.
If you have any questions regarding this Agreement, you may contact us using the information below.
Attn: Legal Department
1815 The Exchange
Atlanta, GA 30339
When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.
Hooters Gift Card Terms and Conditions
Hooters Gift Cards are distributed by CashStar, Inc., a Delaware corporation ("CashStar"). CashStar and Hooters of America, LLC (“Hooters”) reserve the right to change these Gift Card terms and conditions ("Ts & Cs") from time to time in their sole and absolute discretion.
BY PURCHASING A HOOTERS GIFT CARD, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS; PLEASE ENSURE THAT YOU HAVE FULLY REVIEWED THIS DOCUMENT AND CONTACT US WITH ANY QUESTIONS. PLEASE NOTE: These Terms and Conditions include an agreement to individually arbitrate any formal disputes related to the Hooters Gift Card.
1. Purchase and Limitations
Hooters Gift Cards are available for purchase here. * Hooters Gift Cards are redeemable at any Hooters restaurants in the United States and Puerto Rico. * No fees of any kind will be imposed on purchasers or recipients of Hooters Gift Cards. * Hooters Gift Cards cannot be redeemed for cash, except to the extent required by law. * Where prohibited by law, you may not use a Hooters Gift Card to pay for alcoholic beverages and Hooters® branded merchandise for resale. *
2. Nonreturnable; Not for Resale
You may not return or cancel your Hooters Gift Card after it is ordered and delivered. Purchasers who wish to cancel a Hooters Gift Card purchase order prior to its delivery to a recipient should contact Customer Support. Resale of Hooters Gift Cards is strictly prohibited.
3. Lost or Stolen Hooters Gift Cards
Hooters Gift Cards will not be replaced if lost or stolen. Hooters Gift Cards have cash value and should be safeguarded accordingly. You are solely responsible for safeguarding your Hooters Gift Cards, as well as any passwords and Personal Identification Numbers (“PIN”) associated with your Hooters Gift Cards.
Hooters reserves the right, in its sole and absolute discretion, to reject and/or to refuse to honor any Hooters Gift Cards whose security or integrity have been compromised in any way.
4. Not for Promotional Use
Use of Hooters' name, logo, trade dress, or trademarks in connection with the purchase or use of a Hooters Gift Card is strictly prohibited. Hooters Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities unless you first obtain Hooters' prior written approval.
Furthermore, using a Hooters Gift Card in any manner that states or implies that any person, entity, product, or service is sponsored by or affiliated with Hooters is prohibited.
5. Hooters Gift Card Customer Service
To view your Hooters balance, go to https://giftcards.hooters.com/BalanceInquiry.aspx?id=643 or call (800)242-5353. If you need assistance with any other aspect of your purchase, ownership, or use of your Hooters Gift Card, please contact Customer Support. Please refer to your order number or be ready to supply your email address.
6. Delivery Information and Requirements for Hooters Gift Card Purchasers
All orders of Hooters Gift Cards are subject to a process that compares purchaser information provided on the web site with information about the purchaser provided by the purchaser's financial institution. If there is a discrepancy, your Hooters Gift Card order may be delayed until it can be corrected.
If you have concerns about your order, please contact Customer Support. Please refer to your order number or be ready to supply your email address.
We are not responsible for Hooters Gift Cards that are undeliverable or not received due to your failure to enter an accurate physical address or email address for the recipient. Please check to make sure the address of the recipient is correct and contact Customer Support if you suspect the recipient did not receive his/her Hooters Gift Card.
7. Reasons for Failed Delivery of Hooters eGift Cards
Because Hooters eGift Cards are delivered via email, it is possible delivery will fail for the following reasons: * Spam filter blocked email or routed it to a bulk/spam folder * Recipient's firewall blocked the email * Email inbox is over size limit * Invalid email address If a spam filter is blocking firstname.lastname@example.org emails from getting to an inbox, the email options will need to be modified so that email@example.com emails are not considered spam.
If you need further assistance, contact Customer Support. Please refer to your order number or be ready to supply your email address.
8. Personalized Messaging and Uploaded Images for Hooters eGift Cards
If you wish to add a personal message to a Hooters Gift Card, simply type your message in the Message field on the Hooters Gift Card preview. You may also upload your own image for display on a Hooters eGift Card. There is no additional charge to include your own image.
Personal messages are limited in length to the space provided on the Hooters Gift Card. There is no additional charge to include a personalized message. Personalized Hooters Gift Cards may not contain: 1. Material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; 2. Any ideas or content that you consider proprietary; 3. Material that is inappropriate, rude, crude, derogatory, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous (as determined by CashStar or Hooters in their sole and absolute discretion); 4. Material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age (as determined by CashStar or Hooters in their sole and absolute discretion); or 5. Material that is unlawful, or in violation of or contrary to the laws or regulations in any applicable jurisdiction. Any personalized Hooters Gift Card that contains any such material may be confiscated by CashStar or Hooters and replaced with a Hooters Gift Card of equal value. If we determine an image infringes upon another party’s intellectual property, we will replace your image with the following image:
9. Limitation of Liability and Indemnification
NEITHER CASHSTAR NOR HOOTERS, AND/OR THEIR RESPECTIVE PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SERVICE PROVIDERS, AGENTS OR BROKERS (Collectively "We" or "Our") MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO HOOTERS GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IF A HOOTERS GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH HOOTERS GIFT CARD. THIS REMEDY SHALL NOT, HOWEVER, APPLY TO ANY GIFT CARDS THAT ARE LOST, STOLEN, REPRODUCED AND/OR CLONED. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURES.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, CONSEQUENTIAL, INDIRECT AND/OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE HOOTERS GIFT CARDS, EVEN IF WE ARE NEGLIGENT OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, OUR TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR A HOOTERS GIFT CARD.
YOU AGREE TO RELEASE, COVENANT NOT TO SUE AND INDEMNIFY AND HOLD HAMRLESS HOOTERS, CASHSTAR, THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS, LAWSUITS, CAUSES OF ACTIONS, LOSSES AND DAMAGES RELATED TO AND/OR INVOLVING YOUR USE OF ANY HOOTERS GIFT CARDS, ANY UNAUTHORIZED ACCESS TO AND/OR MISUSE OF YOUR HOOTERS GIFT CARDS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Disputes and Agreement to Individual Arbitration
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
Except with respect to principles of conflicts of laws, any dispute arising from these Terms and Conditions, or from any use of a Hooters Gift Card, shall be resolved in accordance with the laws of the state of Georgia, in Atlanta, GA.
Before any formal dispute is commenced, the party with a dispute must first provide notification to the other party of the potential dispute and allow a 30-day period in which the parties will attempt to informally resolve any dispute before any formal dispute can commence.
Arbitration Provision: If the issue cannot be resolved informally, the parties hereto agree that any formal dispute relating to a Hooters Gift Card will proceed in individual arbitration. This means that neither party will have the right to litigation of their claim in court or have a jury trial on that claim, and further, this means that arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class wide basis or to be brought in a purported representative capacity on behalf of others. The party filing an arbitration demand can elect to do so through JAMS (www.jamsadr.com) or the American Arbitration Association (“AAA”) (www.adr.org), by following the instructions for initiating an individual arbitration under the rules applicable to consumer arbitrations. Upon written request, CashStar and/or Hooters will consider in good faith making a temporary advance of all or part of a consumer’s share of any arbitration fees. Waivers may also be available from JAMS or AAA.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (“FAA”), and the applicable Code.
Nothing in this provision precludes an individual consumer from filing and pursuing an individual claim in small claims court in that consumer’s state or municipality, so long as the claim is pending only in that court.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Hooters, CashStar, their parent companies, subsidiaries, affiliates, franchisees and their respective officers, directors, employees, agents, representatives and service providers.
This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.
11. Fraud and Illegal Activity
Hooters reserves the right, in its sole and absolute discretion, to deactivate and/or reject any Hooters Gift Cards sold by unauthorized sellers, obtained through illegal or fraudulent means or which have been involved in any illegal and/or fraudulent activity.
Hooters also reserves the right, in its sole and absolute discretion, to: 1) require you to present your identification, a valid PIN and/or proof of purchase prior to accepting and redeeming any Hooters Gift Cards; and 2) deactivate and/or reject any Hooters Gift Cards as a result of your failure and/or inability to present your identification, PIN and/or proof of purchase of any Hooters Gift Cards.
Hooters also reserves the right, in its sole and absolute discretion, to reject all Hooters Gift Card purchases in excess of $100.00 if it suspects fraud and/or illegal activity or if the purchases violate any policies that Hooters may establish from time to time in its sole and absolute discretion.
Hooters reserves the right, in its sole and absolute discretion, to fully and completely investigate all allegations of fraud and/or illegal activity regarding your purchase and use of any Hooters Gift Cards. As part of any such investigation, Hooters may conduct a lawful criminal background check and/or perform internet and social media account searches on you as necessary. You agree to fully cooperate with Hooters related to any such investigation as requested by Hooters without expectation of remuneration.
YOU ALSO AGREE TO RELEASE, COVENANT NOT TO SUE AND INDEMNIFY AND HOLD HAMRLESS HOOTERS, CASHSTAR, THEIR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, FRANCHISEES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS, LAWSUITS, CAUSES OF ACTIONS, LOSSES AND DAMAGES RELATED TO AND/OR INVOLVING ANY SUCH INVESTIGATIONS CONDUCTED BY HOOTERS AS DESCRIBED HEREIN AND/OR YOUR PARTICIPATION AND COOPERATION IN ANY SUCH INVESTIGATIONS.