Claims Made Process. The parties agree that Individual Settlement Payments will be on a claims-made basis. That is, only individuals who submit a timely Claim Form to the Settlement Administrator using either the hard copy Claim Form provided with the Notice or the online version of such Claim Form shall be entitled to an Individual Settlement Payment. Class Counsel and their expert will calculate the individual wage and interest amounts for all individuals in the Settlement Class based on time records already produced in the Litigation and will make such figures available to Defendants’ counsel for review and verification. Such figures will be provided to the Settlement Administrator within thirty (30) days of the Court’s order granting preliminary approval. Once the claims process is complete (i.e., 60 days from the initial Notice mailing) the Settlement Administrator will notify the Parties’ counsel whether the total sum of the claimed Individual Settlement Payments exceeds the Net Settlement Amount. If it does, the Settlement Administrator will adjust the Individual Settlement Payments so that each participating Settlement Class Member receives a proportionate share of the Net Settlement Amount. Otherwise, the Individual Settlement Payments will remain as initially calculated by Class Counsel’s expert. In the event the Settlement Administrator believes an otherwise timely Claim Form is deficient for any reason, the Settlement Administrator shall immediately advise the parties’ Counsel so they may have an opportunity to confer regarding how such Claim Form will be handled. Any portion of the Net Settlement fund that is not claimed shall remain the property of Defendants, with the following exception: the sum of any checks that are returned as undeliverable or are not cashed within 90 days of mailing, shall be split 50/50 as between Defendants and the Legal Foundation of Washington.
Claims Made Process. A Merchandise Certificate, as defined above in Section 1.10, shall be issued on a claims made basis to each Class Member for whom Defendant has an incomplete or inaccurate mailing address or invalid email address (such as Class Members for whom Defendant possesses only a telephone number, if any, or where Defendant has a physical address with an incomplete name or no name information). Each Authorized Claimant shall be entitled to a Merchandise Certificate, as defined above in Section 1.10
Claims Made Process. Each Class Member for whom Defendant has an incomplete or inaccurate email or mailing address (such as Class Members for whom Defendant possesses only a zip code or telephone number, if any, or where Defendant has a physical address with an incomplete name or no name information) shall be eligible to submit a Claim for a Merchandise Certificate, as defined above. Only Authorized Claimants shall be entitled to a Merchandise Certificate, as defined above, worth $12.50.
