Common use of Tier One Clause in Contracts

Tier One. i. Tier One will consist of Settlement Class Members who made a credit or debit card transaction at any Wawa convenience store or gas pump location between March 4, 2019 and December 12, 2019. ii. Tier One claimants must complete the Tier One Claim Form attached hereto as Exhibit “A” and as required by the Claim Form: (a) submit with the Claim Form Reasonable Proof of a Transaction at Wawa; and (b) attest under penalty of perjury on the Claim Form that they spent some amount of time after March 4, 2019 monitoring their accounts as a result of the Data Security Incident. iii. Class Members may sufficiently attest to spending time monitoring their accounts by checking a box on the Claim Form and signing the Claim Form under penalty of perjury. iv. Tier One claimants need not have experienced an actual or attempted fraudulent transaction to be eligible for Tier One relief. v. Any claimant who submits a Tier One Claim Form that does not contain sufficient requisite proof will be notified by the Claims Administrator of any deficiencies and given a reasonable opportunity to cure those deficiencies. vi. Tier One claimants will be entitled to a $5 Wawa Gift Card. Total claims in Tier One are subject to a $6 million cap and a $1 million floor. If the total value of Tier One claims does not reach the $1 million floor, the value of Wawa Gift Cards distributed to Tier One claimants will be increased on a pro rata basis such that the $1 million floor is reached. If the total value of valid claims in Tier One exceeds $6 million, the value of Wawa Gift Cards distributed to Tier One claimants will be decreased on a pro rata basis such that the aggregate of all Wawa Gift Cards in Tier One totals $6 million.

Tier One. i. Tier One will consist of Settlement Class Members who made a credit or debit card transaction at any Wawa convenience store or gas pump location between March 4, 2019 and December 12, 2019. ii. Tier One claimants must complete the Tier One Claim Form attached hereto as Exhibit “A” and as required by the Claim Form: (a) submit with the Claim Form Reasonable Proof of a Transaction at Wawa; and (b) attest under penalty of perjury on the Claim Form that they spent some amount of time after March 4, 2019 monitoring their accounts as a result of the Data Security Incident. iii. Class Members may sufficiently attest to spending time monitoring their accounts by checking a box on the Claim Form and signing the Claim Form under penalty of perjury. iv. Tier One claimants need not have experienced an actual or attempted fraudulent transaction to be eligible for Tier One relief. v. Any claimant who submits a Tier One Claim Form that does not contain sufficient requisite proof will be notified by the Claims Administrator of any deficiencies and given a reasonable opportunity to cure those deficiencies. vi. Tier One claimants will be entitled to a $5 Wawa Gift Card. Total claims in Tier One are subject to a $6 million cap and a $1 million floor. If the total value of Tier One claims does not reach the $1 million floor, the value of Wawa Gift Cards distributed to Tier One claimants will be increased on a pro rata basis such that the $1 million floor is reached. If the total value of valid claims in Tier One exceeds $6 million, the value of Wawa Gift Cards distributed to Tier One claimants will be decreased on a pro rata basis such that the aggregate of all Wawa Gift Cards in Tier One totals $6 million. vii. Wawa has been able to determine from its internal records, the email addresses of approximately 633,000 people who signed up for the Wawa mobile app before December 2019. Although purchases through the Wawa mobile app were not involved in the Data Security Incident, the Parties agree that this group of people are more likely to have been Wawa customers and also more likely to have also used a debit or credit card purchase at Wawa during the Data Security Incident. As part of continuing discussions about streamling the claims process, the Parties have therefore agreed that these individuals need not submit a proof of purchase to make an eligible Tier One claim. viii. The Settlement Administrator will send an email substantially in the form attached hereto as Exhibit “G” to the email address of the approximately 633,000 people who Wawa has identified as having signed up for the Wawa mobile app before December 2019. ix. Without needing to submit a Claim Form pursuant to subsections ii and iii above, the recipients of this email will automatically be qualified for Tier One and will be included on the distribution list described in paragraph 50, unless they: (a) affirmatively decide to decline this offer in response to the email; (b) have already submitted a valid claim for Tier Two or Tier Three, in which case they will receive the Tier Two or Tier Three amount; (c) have already timely opted out of the Settlement Class pursuant to paragraphs 56-66; or (d) in the future timely opt out of the Settlement Agreement pursuant to paragraphs 56-66.

Tier One. i. Tier One will consist of Settlement Class Members who made a credit or debit card transaction at any Wawa convenience store or gas pump location between March 4, 2019 and December 12, 2019. ii. Tier One claimants must complete the Tier One Claim Form attached hereto as Exhibit “A” and as required by the Claim Form: (a) submit with the Claim Form Reasonable Proof of a Transaction at Wawa; and (b) attest under penalty of perjury on the Claim Form that they spent some amount of time after March 4, 2019 monitoring their accounts as a result of the Data Security Incident. iii. Class Members may sufficiently attest to spending time monitoring their accounts by checking a box on the Claim Form and signing the Claim Form under penalty of perjury. iv. Tier One claimants need not have experienced an actual or attempted fraudulent transaction to be eligible for Tier One relief. v. Any claimant who submits a Tier One Claim Form that does not contain sufficient requisite proof will be notified by the Claims Administrator of any deficiencies and given a reasonable opportunity to cure those deficiencies. vi. Tier One claimants will be entitled to a $5 Wawa Gift Card. Total claims in Tier One are subject to a $6 million cap and a $1 million floor. If the total value of Tier One claims does not reach the $1 million floor, the value of Wawa Gift Cards distributed to Tier One claimants will be increased on a pro rata basis such that the $1 million floor is reached. If the total value of valid claims in Tier One exceeds $6 million, the value of Wawa Gift Cards distributed to Tier One claimants will be decreased on a pro rata basis such that the aggregate of all Wawa Gift Cards in Tier One totals $6 million. vii. Wawa has been able to determine from its internal records, the email addresses of approximately 633,000 people who signed up for the Wawa mobile app before December 2019. Although purchases through the Wawa mobile app were not involved in the Data Security Incident, the Parties agree that this group of people are more likely to have been Wawa customers and also more likely to have also used a debit or credit card purchase at Wawa during the Data Security Incident. As part of continuing discussions about streamling the claims process, the Parties have therefore agreed that these individuals need not submit a proof of purchase to make an eligible Tier One claim. viii. The Settlement Administrator will send an email substantially in the form attached hereto as Exhibit “G” to the email address of the approximately 633,000 people who Wawa has identified as having signed up for the Wawa mobile app before December 2019. ix. Without needing to submit a Claim Form pursuant to subsections ii and iii above, the recipients of this email will automatically be qualified for Tier One and will be included on the distribution list described in paragraph 50, unless (a) affirmatively decide to decline this offer in response to the email; (b) have already submitted a valid claim for Tier Two or Tier Three, in which case they will receive the Tier Two or Tier Three amount; (c) have already timely opted out of the Settlement Class pursuant to paragraphs 56-66; or (d) in the future timely opt out of the Settlement Agreement pursuant to paragraphs 56-