Common use of Settlement Class Notice Clause in Contracts

Settlement Class Notice. 6.1 Defendants shall compile a list of all U.S. persons who were season pass holders and/or members during the Class Period and search for names, mailing addresses, and email addresses associated with the list. All of the information collected by Defendants, taken in total, shall be referred to as the Class Member Contact List. The Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyone. 6.2 No later than 20 calendar days after receiving the Class Member Contact List, the Claims Administrator shall run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid email address through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database to update the information provided by Defendants. 6.3 No later than 60 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall send to each person on the Class Member Contact List for whom no e-mail is available, but for whom a mailing address is available, the Postcard Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States mail. No later than 60 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall email to each person on the Class Member Contact List for whom an email address is available, the Email Settlement Class Notice substantially in the form of Exhibit D hereto. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid address, and if a new mailing address is obtained, re-mail the appropriate notice document to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a Class Action Settlement.” 6.5 No later than 50 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall publish a website on the internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx (or a similar name as agreed forth a summary of the terms of the settlement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, address, a toll-free telephone number, and e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines associated therewith, and provide instructions on how to object to and opt out of the settlement and the deadlines associated therewith. The Settlement Website also shall provide, free of charge, a viewable, printable, and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of the Actions; the Court's order preliminarily approving the settlement; the Claim Form- Cash (Exhibit A); the Claim Form-Voucher (Exhibit B); and the Long-Form Settlement Class Notice (Exhibit E). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 days before it goes live. 6.6 Unless otherwise required by the Court, nothing else shall be required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 The Parties agree that the Settlement Class Notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out, and objecting to the settlement, and the date of the final approval hearing as set by the Court.

Appears in 1 contract

Samples: Settlement Agreement

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Settlement Class Notice. 6.1 Defendants shall compile a list of all U.S. persons who were season pass holders and/or members during Named Plaintiff, Defendant, and the Settlement Administrator have agreed that they will jointly recommend the Class Period and search for namesNotice, mailing addressessubstantially in the form attached as Exhibit 1, and email addresses associated with the list. All of the information collected by Defendants, taken in total, shall be referred to as the Class Member Contact List. The Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 calendar Court for approval. After the Court enters Preliminary Approval and within twenty-one (21) days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyone. 6.2 No later than 20 calendar days after receiving the Class Member Contact ListList from Defendant, the Claims Settlement Administrator will send the Class Notice via U.S. mail, postage prepaid. Prior to mailing, the Settlement Administrator shall run all Settlement Class Members’ mailing addresses for whom utilize the Defendant does not have a valid email address through the United States U.S. Postal Service Office’s National Change of Address System. For up to forty-five (“NCOA”45) (or comparable) database days following the mailing of the Notice via U.S. Mail, the Settlement Administrator will re-mail the Class Notice via standard U.S. Mail, postage prepaid, to update those Settlement Class Members whose notices were returned as undeliverable to the information extent an alternative mailing address can be reasonably located. The Settlement Administrator will first attempt to re-mail the Notice to the extent that it received an address change notification from the U.S. Postal Service. If an address change notification form is not provided by Defendants. 6.3 No later than 60 calendar days after entry of the Court’s order preliminarily approving the settlementU.S. Postal Service, the Claims Settlement Administrator may attempt to obtain an updated address using reasonable and appropriate methods to locate an updated address. After the forty-five (45) day re-mailing period, the Settlement Administrator shall send to Plaintiff and Defendant a list of each person on the Class Member Contact List for whom no e-mail is available, but for whom a mailing address is available, the Postcard Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States mailor Claim Form returned as undeliverable. No later than 60 calendar fourteen (14) days after entry before the final fairness hearing in this Litigation, the Settlement Administrator shall file proof of the Court’s order preliminarily approving the settlement, the Claims Administrator shall email to each person on mailing of the Class Member Contact List for whom an email address is available, Notice with the Email Settlement Court. The Class Notice substantially in the form of Exhibit D hereto. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid address, and if a new mailing address is obtained, re-mail the appropriate notice document to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a Class Action Settlement.” 6.5 No later than 50 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall publish a website on the internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx (or a similar name as agreed forth a summary of the terms of the settlement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, address, a toll-free telephone number, and e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines associated therewith, and provide instructions on how explain to object to and opt out of the settlement and the deadlines associated therewith. The Settlement Website also shall provide, free of charge, a viewable, printable, and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of the Actions; the Court's order preliminarily approving the settlement; the Claim Form- Cash (Exhibit A); the Claim Form-Voucher (Exhibit B); and the Long-Form Settlement Class Notice (Exhibit E). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 days before it goes live. 6.6 Unless otherwise required by the Court, nothing else shall be required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 The Parties agree that the Settlement Class Notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making their rights to make a claim, opting-outor opt out of, and objecting or object to the settlementSettlement, and the date of deadlines by which to exercise those rights. They also summarize the final approval hearing as set by benefits provided, and the Courtclaims to be released if the Class Member does not opt out. The mailed Class Notice and Claim Form will also direct Settlement Class Members to the Settlement Website for further information.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Class Notice. 6.1 Defendants For all outbound calls for which Defendant has records that were made during the Class Period by Defendant’s customer service department to California Area Codes, Defendant shall compile a list of all U.S. persons who were season pass holders and/or members those calls’ unique telephone numbers and, to the extent that they are in Defendant’s possession and capacity to collect, the names, most recent mailing addresses, and most recent email addresses of the individuals associated with those approximately 9,632 telephone numbers. Additionally, Defendant shall determine the number of telephone calls that each of those unique telephone numbers received from Defendant during the Class Period and search for names, mailing addresses, and email addresses associated with the list(which total approximately 18,846 telephone calls). All of the information collected by DefendantsDefendant, taken in total, shall be referred to as the Settlement Class Member Contact List. The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyoneClass Action Settlement. 6.2 No later than 20 calendar days after receiving the Settlement Class Member Contact List, the Claims Administrator shall do the following: (1) run database searches in an effort to obtain the names, mailing addresses, and email addresses associated with each telephone number provided by Defendant where no corresponding contact information is available; and (2) run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid email address through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database database(s) to update the information provided by Defendantsinformation. 6.3 No later than 60 50 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each person of the persons on the Settlement Class Member Contact List for whom no e-mail is available, but an email address can be located. An Email Notice shall be sent to every email address obtained for whom a mailing address is available, the Postcard each Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States mailMember. No Additionally, no later than 60 50 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall email mail the Postcard Notice (substantially in the form of Exhibit A) to each person of the persons on the Settlement Class Member Contact List for whom an email a mailing address is available, the Email Settlement Class Notice substantially in the form of Exhibit D heretocan be located. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator immediately will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid addressaddress and, and if a new mailing address is obtained, re-mail the appropriate notice document Postcard Notice to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a Class Action Settlement.” 6.5 No later than 50 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx xxx.XXXxxxXxxxxxxxxXxxxxxxxxx.xxx (or a similar name as agreed upon by the Parties if that one is not available), which shall set forth a summary of the terms of the settlement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, address, a toll-free telephone number, and e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on regarding how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines associated therewithdeadline to do so, and provide instructions on regarding how to object to and opt out of the settlement Class Action Settlement and the deadlines associated therewithto do so. The Settlement Website also shall provide, free of charge, a viewable, printable, and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of complaint; Defendant’s answer to the Actionscomplaint; the Court's ’s order preliminarily approving the settlementClass Action Settlement; the Claim Form- Cash Form (substantially in the form of Exhibit A); the Claim Form-Voucher (Exhibit BD); and the Long-Form long- form Settlement Class Notice (substantially in the form of Exhibit EC). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date and shall be made non- operational on the 91st calendar day after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 calendar days before it goes live. 6.6 6.5 Unless otherwise required by the Court, nothing else shall be required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 6.6 The Parties agree that the Settlement Class Notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out, out and objecting to the settlementthis Agreement, and the date of the final approval hearing as set by the Court.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Class Notice. 6.1 Defendants Defendant shall compile a list of all U.S. persons who were season pass holders and/or members during the Class Period and search for names, mailing addresses, most recent mail and email addresses associated with the list. All of the information collected by Defendantsin its possession for all Settlement Class Members, taken in totali.e., shall be referred to as the Class Member Contact List. The Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 10 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyoneClass Action Settlement. 6.2 No later than 20 5 calendar days after receiving the Class Member Contact List, the Claims Administrator shall run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid email address through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database to update the information provided by DefendantsDefendant. 6.3 No later than 60 30 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall send to each person of the persons on the Class Member Contact List for whom no e-mail is available, but for whom a mailing address is available, was provided (but no email address on file) the Postcard Settlement Class Notice substantially in the form of Exhibit C B hereto by first class United States regular mail. No later than 60 30 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall email to each person of the persons on the Class Member Contact List for whom an email address is available, was provided the Email Settlement Class Notice substantially in the form of Exhibit D C hereto. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator shall mail anyone on the Class List who was emailed but where a mailing address is also provided, and for all others will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid address, and if a new mailing address is obtained, re-mail the appropriate notice document to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a Class Action Settlement.” 6.5 No later than 50 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall publish a website on the internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx (or a similar name as agreed forth a summary of the terms of the settlement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, address, a toll-free telephone number, and e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines associated therewith, and provide instructions on how to object to and opt out of the settlement and the deadlines associated therewith. The Settlement Website also shall provide, free of charge, a viewable, printable, and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of the Actions; the Court's order preliminarily approving the settlement; the Claim Form- Cash (Exhibit A); the Claim Form-Voucher (Exhibit B); and the Long-Form Settlement Class Notice (Exhibit E). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 days before it goes live. 6.6 Unless otherwise required by the Court, nothing else shall be required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 6.5 The Parties agree that the Settlement Class Notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out, and objecting to the settlementthis Agreement, and the date of the final approval hearing as set by the Court.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Class Notice. 6.1 Defendants For all callers from California Area Codes to Defendant’s customer service telephone number ((000) 000-0000) during the Class Period for which Defendant has records, Defendant shall compile a list of all U.S. persons who were season pass holders and/or members their unique telephone numbers and, to the extent in Defendant’s possession and capacity to collect, the names, most recent billing address, and most recent email address of the individuals associated with those 34,921 telephone numbers. Additionally, Defendant shall determine the number of telephone calls that each of those unique telephone numbers made to Defendant’s customer service telephone number ((000) 000-0000) during the Class Period and search for names, mailing addresses, and email addresses associated with the listPeriod. All of the information collected by DefendantsDefendant, taken in total, shall be referred to as the Settlement Class Member Contact List. The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 20 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyoneClass Action Settlement. 6.2 No later than 20 30 calendar days after receiving the Settlement Class Member Contact List, the Claims Administrator shall do the following: (1) run database searches in an effort to obtain the names, mailing addresses, and email addresses associated with each telephone number provided by Defendant where no corresponding contact information is available; and (2) run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid email address through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database database(s) to update the information provided by Defendantsinformation. 6.3 No later than 60 40 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each person of the persons on the Settlement Class Member Contact List for whom no e-mail is available, but an email address can be located. An Email Notice shall be sent to every email address obtained for whom a mailing address is available, the Postcard each Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States mailMember. No Additionally, no later than 60 40 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall email mail the Postcard Notice (substantially in the form of Exhibit A) to each person of the persons on the Settlement Class Member Contact List for whom an email a mailing address is available, the Email Settlement Class Notice substantially in the form of Exhibit D heretocan be located. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator immediately will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid addressaddress and, and if a new mailing address is obtained, re-mail the appropriate notice document Postcard Notice to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a Class Action Settlement.” 6.5 No later than 50 40 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx xxx.XXXxxxXxxxxxxxxXxxxxxxxxx.xxx (or a similar name as agreed upon by the Parties if that one is not available), which shall set forth a summary of the terms of the settlement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, address, a toll-free telephone number, and e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines associated therewithdeadline to do so, and provide instructions on how to object to and opt out of the settlement Class Action Settlement and the deadlines associated therewithto do so. The Settlement Website also shall provide, free of charge, a viewable, printable, and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of the ActionsComplaint; the Court's order preliminarily approving the settlementClass Action Settlement; the Claim Form- Cash Form (substantially in the form of Exhibit A); the Claim Form-Voucher (Exhibit BD); and the Longlong-Form form Settlement Class Notice (substantially in the form of Exhibit EC). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date and shall be made non-operational on the 91st calendar day after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 calendar days before it goes live. 6.6 6.5 Unless otherwise required by the Court, nothing else shall be required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 6.6 The Parties agree that the Settlement Class Notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out, out and objecting to the settlementthis Agreement, and the date of the final approval hearing as set by the Court.

Appears in 1 contract

Samples: Settlement Agreement

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Settlement Class Notice. 6.1 Defendants Defendant shall compile a list of all U.S. persons who were season pass holders and/or members during the Class Period and search for unique telephone numbers and, to the extent in Defendant’s possession, the names, mailing addresses, and email addresses of the individuals associated with those telephone numbers for each recording of a call to Defendant’s Rapid Rewards toll-free telephone number (000-000-0000) from a telephone number with a California Area Code at any time during the listClass Period for which Defendant has a record. Additionally, Defendant shall determine the number of telephone calls that each of these unique telephone numbers made to Defendant’s Rapid Rewards toll-free telephone number (000-000-0000) during the Class Period. All of the information collected by DefendantsDefendant, taken in total, shall be referred to as the Settlement Class Member Contact List. The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 30 20 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyoneClass Action Settlement. 6.2 No later than 20 30 calendar days after receiving the Settlement Class Member Contact List, the Claims Administrator shall do the following: (1) run database searches in an effort to obtain the names, mailing addresses, and email addresses associated with each telephone number provided by Defendant where no corresponding contact information is available; and (2) run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid addresses, where no email address exists, through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database to update the information provided by Defendantsinformation. 6.3 No later than 60 40 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each person of the persons on the Settlement Class Member Contact List for whom no e-mail is available, but an email address can be located. An Email Notice shall be sent to each email address obtained for whom a mailing address is available, the Postcard each Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States mailMember. No later than 60 40 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall email mail the Postcard Notice (substantially in the form of Exhibit A) to each person of the persons on the Settlement Class Member Contact List for whom an a valid email address is available, was not provided by Defendant or obtained by the Email Settlement Class Notice substantially in the form of Exhibit D heretoClaims Administrator. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid addressaddress and, and if a new mailing address is obtained, re-mail the appropriate notice document Postcard Notice to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate . If all efforts to send an on-line banner advertising campaign that will continue for a period Email Notice to be an individual Settlement Class Member are determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targetingto be undeliverable, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is will mail a Postcard Notice to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a that Settlement Class Action SettlementMember immediately. 6.5 6.4 No later than 50 40 calendar days after entry of the Court’s order preliminarily approving the settlementClass Action Settlement, the Claims Administrator shall publish a website on the internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx xxx.XxxxxxxxxXxxxxxxxxxXxxxXxxxxxxxxXxxxxxxxxx.xxx (or a similar name as agreed upon by the Parties if that one is not available)(the "Settlement Website"). The Settlement Website shall set forth a summary of the terms of the settlement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, its address, a toll-free telephone number, and an e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines associated therewithdeadline to do so, and provide instructions on how to object to and opt out of the settlement Class Action Settlement and the deadlines associated therewithto do so. The Settlement Website also shall provide, free of charge, a viewable, printable, printable and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of the ActionsComplaint; the Court's order preliminarily approving the settlementClass Action Settlement; the Claim Form- Cash Form (substantially in the form of Exhibit A); the Claim Form-Voucher (Exhibit BD); and the Longlong-Form form Settlement Class Notice (substantially in the form of Exhibit EC). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date and shall be made non-operational on the 91st calendar day after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 calendar days before it goes live. 6.6 6.5 Unless otherwise required by the Court, nothing else shall be required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 6.6 The Parties agree that the Settlement Class Notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out, out and objecting to the settlementthis Agreement, and the date of the final approval hearing as set by the Court.

Appears in 1 contract

Samples: Settlement Agreement

Settlement Class Notice. 6.1 4.1 Defendants shall compile a list of all U.S. persons who were season pass holders and/or members the unique telephone numbers associated with each telephone call to a toll-free telephone number associated with Defendants and Xxx Xxx from a California Area Code during the Class Period and search for names, mailing addresses, and email addresses associated with Period. Such list shall include sufficient information such that the listClaims Administrator can determine the number of telephone calls that each Settlement Class Member made that was captured by Contact One during the Class Period. All of the information collected by Defendantssuch information, taken in total, shall be referred to as the “Potential Class Member Contact List. The Potential Class Member Contact List shall be compiled complied and provided to the Claims Administrator no later than 30 20 calendar days after entry of the Court’s order preliminarily approving the settlement and shall be treated as confidential and not disclosed to anyone. 6.2 No later than 20 Preliminary Approval Order. Within seven calendar days after receiving the Potential Class Member Contact List, the Claims Administrator shall inform the Parties regarding the total number of unique telephone numbers and the total number of telephone calls associated with the Potential Class Member Contact List. 4.2 No later than 10 calendar days after receiving the Potential Class Member Contact List, the Claims Administrator shall do the following: (1) run database searches of each unique telephone number provided by Defendants in an effort to obtain names and mailing addresses associated with each telephone number during the Class Period; and (2) run all Settlement Class Members’ mailing addresses for whom the Defendant does not have a valid email address through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database to update the information provided by Defendantsinformation. 6.3 4.3 No later than 60 40 calendar days after entry of the Court’s order preliminarily approving the settlementPreliminary Approval Order, the Claims Administrator shall send to each person of the persons on the Potential Class Member Contact List for whom no e-mail is available, but for whom a mailing address is available, can be located a Claim Form and the Postcard Summary Settlement Class Notice substantially in the form of Exhibit C hereto by first class United States postal mail. No later than 60 calendar days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall email to each person on the Class Member Contact List for whom an email address is available, the Email Settlement Class Notice substantially in the form of Exhibit D hereto. If any Postcard Claim Form and Summary Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately perform a skip-trace and/or other customary address searches in an attempt to locate a valid address, and if a new mailing address is obtained, re-mail the appropriate notice document Claim Form and Summary Settlement Class Notice to that updated mailing address. 6.4 Beginning 60 days after entry of the Court’s order preliminarily approving the settlement, the Claims Administrator shall initiate an on-line banner advertising campaign that will continue for a period to be determined by the Claims Administrator that ends no later than 120 days after the Court’s order preliminarily approving the settlement. The on-line program will utilize data targeting, contextual targeting, and geo-targeting to reach adults in an area approximately 150 square miles around each Covered Park with an emphasis on users with theme park purchases and a history of visiting websites with theme park content. The online program will be developed by the Claims Administrator, and will include a live link to the Settlement Website, xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx. The online banner ads will be drafted by the Claims Administrator and approved by the Parties not less than 10 days before they go live. The intent of the online banner ads is to communicate the following information in a format suggested by the Claims Administrator and approved by the Parties: “If you used your credit or debit card at a Six Flags or Hurricane Harbor park between October 14, 2016 and September 28, 2017, inclusive, You May be Entitled to Compensation From a Class Action Settlement.” 6.5 4.4 No later than 50 40 calendar days after entry of the Court’s order preliminarily approving the settlementPreliminary Approval Order, the Claims Administrator shall publish a website on the internet Internet at the URL xxx.xxxxxxxxxXXXXXxxxxxxxxxx.xxx xxx.XXXXXXXXXxxxXxxxxxxxxXxxxxxxxxx.xxx (or a similar name as agreed upon by the Parties if that one is not available) (the previously defined, “Settlement Website”), which shall set forth a summary of the terms of the settlementAgreement, state the means by which Settlement Class Members may communicate with the Claims Administrator (including but not limited to the Claims Administrator’s business name, address, a toll-free telephone number, and e-mail address), contain a set of Frequently Asked Questions and corresponding answers, provide instructions on how to submit a Claim Form (Cash and Voucher) (both electronically and by mail) and the deadlines deadline associated therewith, and provide instructions on how to object to and opt out of the settlement Class Action Settlement and the deadlines associated therewith. The Settlement Website also shall provide, free of charge, a viewable, printable, printable and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the complaint in each of the ActionsFirst Amended Complaint; the Court's order preliminarily approving the settlementPreliminary Approval Order; the Claim Form- Cash Form (Exhibit A); the Claim Form-Voucher (Exhibit BE); and the Long-Form Settlement Class Notice (Exhibit EB). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date and shall be made non-operational on the 91st day after the Settlement Effective Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not less than 10 days before it goes live. 6.6 4.5 No later than 40 calendar days after entry of the Preliminary Approval Order, the Claims Administrator shall establish a toll-free telephone number that Settlement Class Members can call and listen to a set of Frequently Asked Questions and corresponding answers. Settlement Class Members will also be permitted to leave voicemail messages for the Claims Administrator by calling the toll-free telephone number. 4.6 Beginning no earlier than 47 calendar days after entry of the Preliminary Approval Order, the Claims Administrator shall initiate the Online Notice Plan that will continue for a period to be determined by the Claims Administrator to conclude by 100 calendar days after entry of the Preliminary Approval Order. The Online Notice Plan will utilize data targeting, contextual targeting and geo-targeting to reach adults in California with an emphasis on users with a history of visiting websites with food and dining content. The Online Notice Plan will be substantially similar to the program outlined in Exhibit D and will include a live link to the Settlement Website. The online banner ads that will actually be placed on the Internet will be provided to Parties for their approval not less than 15 calendar days before they go live. 4.7 Between 65 and 75 calendar days after the entry of the Preliminary Approval Order, the Claims Administrator shall send one reminder postcard in a form substantially similar to Exhibit C as a reminder to any persons who were originally sent the Summary Settlement Class notice but who have not yet submitted a claim, requested exclusion, or submitted an objection. 4.8 Unless otherwise required by the Court, nothing else shall be permitted or required of the Parties, Settlement Class Counsel, Defense Counsel or the Claims Administrator to provide notice of the proposed settlement and the final approval hearing as described herein. 6.7 4.9 The Parties agree that the Settlement Class Notice notice program described herein fairly informs the Settlement Class Members of the nature of the litigation, the financial and other terms of the Agreement that are particularly significant for the Settlement Class Members, the procedure for and consequences of making a claim, opting-out, and objecting to the settlementthis Agreement, and the date of the final approval hearing as set by the Court.

Appears in 1 contract

Samples: Settlement Agreement

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