Common use of Requests for Exclusion (Opt-Outs) Clause in Contracts

Requests for Exclusion (Opt-Outs). Any Settlement Class Member that wishes to seek exclusion from the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants to be excluded from the WeCare RG, Inc., et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests for Exclusion must be signed and dated by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails a Request for Exclusion pursuant to option (A), it will be effective only if received by the Claims Administrator on or before ten (10) calendar days after the Opt-Out Date. The Claims Administrator shall provide to counsel for Giftly all Requests for Exclusion and documents submitted therewith, and the Claims Administrator shall prepare a summary of the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state of the person or entity requesting exclusion. Persons who opt-out are not entitled to any award or benefit from the Settlement.

Requests for Exclusion (Opt-Outs). Any 8.5.1 Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 60 days after the Administrator mails the Class Notice (plus an additional 15 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative that wishes to seek exclusion from reasonably communicates the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants election to be excluded from the WeCare RGSettlement and includes the Class Member’s name, Inc.address and email address or telephone number. To be valid, et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests a Request for Exclusion must be signed and dated timely faxed, emailed, or postmarked by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Response Deadline. 8.5.2 The Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails may not reject a Request for Exclusion pursuant as invalid because it fails to option (A), it will be effective only if received by contain all the Claims Administrator on or before ten (10) calendar days after information specified in the Opt-Out DateClass Notice. The Claims Administrator shall provide to counsel for Giftly all Requests accept any Request for Exclusion and documents submitted therewith, and as valid if the Claims Administrator shall prepare a summary of can reasonably ascertain the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or entity requesting exclusionotherwise susceptible to challenge. Persons If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge. 8.5.3 Every Class Member who opt-out are does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to any award all benefits, and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Paragraphs 6.3 and 6.4 of this Agreement, regardless of whether the Participating Class Member actually receives the Class Notice or benefit from objects to the Settlement. 8.5.4 Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 6.3 of this Agreement and are eligible for an Individual PAGA Payment.

Requests for Exclusion (Opt-Outs). Any 7.5.1. Class Members who wish to exclude themselves (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than 45 days after the Administrator mails the Class Notice (plus an additional 14 days for Class Members whose Class Notice is re-mailed). A Request for Exclusion is a letter from a Class Member or his/her representative that wishes to seek exclusion from reasonably communicates the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants election to be excluded from the WeCare RGSettlement and includes the Class Member’s name, Inc.address and email address or telephone number. To be valid, et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests a Request for Exclusion must be signed and dated timely faxed, emailed, or postmarked by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Response Deadline. 7.5.2. The Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails may not reject a Request for Exclusion pursuant as invalid because it fails to option (A), it will be effective only if received by contain all the Claims Administrator on or before ten (10) calendar days after information specified in the Opt-Out DateClass Notice. The Claims Administrator shall provide to counsel for Giftly all Requests accept any Request for Exclusion and documents submitted therewith, and as valid if the Claims Administrator shall prepare a summary of can reasonably ascertain the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or entity requesting exclusionotherwise susceptible to challenge, except for by a Court of competent jurisdiction. Persons If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge, except for by a Court of competent jurisdiction. 7.5.3. Every Class Member who opt-out are does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to any award all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Paragraphs 5.2 and 5.3 of this Agreement, regardless whether the Participating Class Member actually receives the Class Notice or benefit from objects to the Settlement. 7.5.4. Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 5.3 of this Agreement and are eligible for an Individual PAGA Payment.

Requests for Exclusion (Opt-Outs). Any 7.5.1 Class Members who wish to exclude themselves from (opt-out of) the Class Settlement must send the Administrator, by fax, email, or mail, a signed written Request for Exclusion not later than the Response Deadline. A Request for Exclusion is a letter from a Class Member or his/herrepresentative that wishes to seek exclusion from reasonably communicates the Settlement Class by “opting out” must timely submit a written request for exclusion to the Claims Administrator (a “Request for Exclusion”), notice of which will be provided as described in Exhibit A. To be effective, such Requests for Exclusion must state: (a) the Settlement Class Member’s full legal name, address and telephone number; (b) that the Settlement Class Member’s information was published on Giftly’s website; and (c) a statement that the Settlement Class Member (i) wants election to be excluded from the WeCare RGSettlement and includes the Class Member’s name, Inc.address and email address or telephone number. To be valid, et al. v. Giftly Inc. class action settlement with Giftly, and (ii) understands that by so doing, the Settlement Class Member will not be able to receive any benefits from the settlement with Giftly under the Settlement Agreement. All Requests a Request for Exclusion must be signed and dated timely faxed, emailed, or postmarked by the Settlement Class Member or its officer or legal representative, and be (A) mailed to the Claims Response Deadline. 7.5.2 The Administrator via First Class United States Mail (or United States Mail for overnight delivery) and postmarked by a date certain to be specified on the Court-approved notice to the Settlement Class (the “Opt-Out Date”), or (B) received by the Claims Administrator by the Opt-Out Date, provided, however, that if a Settlement Class Member mails may not reject a Request for Exclusion pursuant as invalid because it fails to option (A), it will be effective only if received by contain all the Claims Administrator on or before ten (10) calendar days after information specified in the Opt-Out DateClass Notice. The Claims Administrator shall provide to counsel for Giftly all Requests accept any Request for Exclusion and documents submitted therewith, and as valid if the Claims Administrator shall prepare a summary of can reasonably ascertain the opt-outs to be filed with the Court. With the Motion for Final Judgment, Class Counsel will file with the Court a complete list of Requests for Exclusion from the Settlement Class, including only the name, city, and state identity of the person as a Class Member and the Class Member’s desire to be excluded. The Administrator’s determination shall be final and not appealable or entity requesting exclusionotherwise susceptible to challenge. Persons If the Administrator has reason to question the authenticity of a Request for Exclusion, the Administrator may demand additional proof of the Class Member’s identity. The Administrator’s determination of authenticity shall be final and not appealable or otherwise susceptible to challenge. 7.5.3 Every Class Member who opt-out are does not submit a timely and valid Request for Exclusion is deemed to be a Participating Class Member under this Agreement, entitled to any award all benefits and bound by all terms and conditions of the Settlement, including the Participating Class Members’ Releases under Paragraph 5.2 of this Agreement, regardless of whether the Participating Class Member actually receives the Class Notice or benefit from objects to the Settlement. 7.5.4 Every Class Member who submits a valid and timely Request for Exclusion is a Non-Participating Class Member and shall not receive an Individual Class Payment or have the right to object to the class action components of the Settlement. Because future PAGA claims are subject to claim preclusion upon entry of the Judgment, Non-Participating Class Members who are Aggrieved Employees are deemed to release the claims identified in Paragraph 5.3 of this Agreement and are eligible for an Individual PAGA Payment.