Common use of Claim Process Clause in Contracts

Claim Process. Settlement Class Members may elect to receive a Cash Benefit for each qualifying mattress order placed on Defendant’s website by submitting a valid Claim Form to the Settlement Administrator via a web form on the Settlement Website during the Claim Period. Settlement Class Members may, at their option, submit a paper Claim Form which will be accepted upon receipt as valid by the Settlement Administrator if the claim is otherwise valid and timely. Settlement Class Members who do not submit a Claim Form electing to receive payment in the form of a Cash Benefit shall automatically receive a Credit Voucher for each qualifying mattress order placed on Defendant’s website without the need to file a Claim or take any other affirmative step. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB The Settlement Administrator shall have the right to audit Claims, and the Settlement Administrator may request additional information from Settlement Class Members submitting Claims. If any Settlement Class Member submits a Claim Form and elects to receive a Cash Benefit but fails to follow the instructions included on the Claim Form, the Cash Benefit election shall be denied, and such Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s website. The Settlement Administrator shall maintain records of all Claim Forms until ninety (90) days after all valid Claims have been finally resolved and the Settlement Administrator has issued payment to those Settlement Class Members who submitted valid Claims and elected to receive a Cash Benefit, and such records will be made available upon request to Class Counsel and Defendant’s counsel at the end of the ninety (90) day period. The Settlement Administrator also shall provide such reports, declarations, and such other information to the Court as the Court may require or as Class Counsel or Defendant requests.

Claim Process. Settlement Class Members may elect to receive a Cash Benefit for each qualifying mattress order placed on Defendant’s website instead of a Credit Benefit by submitting a valid Claim Form to the Settlement Administrator via a web form on the Settlement Website during the Claim PeriodPeriod and choosing to receive a Cash Benefit. Settlement Class Members may, at their option, submit a paper Claim Form Form, which will be accepted upon receipt as valid by the Settlement Claims Administrator if the claim is otherwise valid and timelyvalid. Settlement Class Members who do not submit a Claim Form electing to receive payment in the form of a Cash Benefit shall automatically receive a payment in the form of Credit Voucher for each qualifying mattress order placed on Defendant’s website without Benefit as the need to file a Claim or take any other affirmative stepdefault option. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB The Settlement Administrator shall have the right to audit Claims, and the Settlement Administrator may request additional information from Settlement Class Members submitting Claims. If any Settlement Class Member submits a Claim Form and elects to receive a the Cash Benefit but fails to follow attest under penalty of perjury that they were a California, Washington, Oregon, or Missouri resident who purchased one or more products from ▇▇▇▇▇▇▇.▇▇▇ during the instructions included on Class Period and the Claim Formclaim is otherwise valid, the Cash Benefit election shall be denied, and such Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s websiteBenefit. The Settlement Administrator shall maintain records of all Claim Forms until ninety one hundred and twenty (90120) days after all valid Claims have been finally resolved and the Settlement Administrator has issued payment to those Settlement Class Members who submitted valid Claims and elected to receive a Cash Benefit, and such records will be made available upon request to Class Counsel and Defendant’s counsel at the end of the ninety one hundred twenty (90120) day period. The Settlement Administrator also shall provide such reports, declarations, and such other information to the Court as the Court may require or as Class Counsel or Defendant Defendant’s counsel requests.

Claim Process. Settlement Class Members may elect to receive a Cash Benefit for each qualifying mattress order placed on Defendant’s website instead of a Credit Benefit by submitting a valid Claim Form and Proof of Purchase to the Settlement Administrator via a web form on the Settlement Website during the Claim Period. Settlement Class Members may, at their option, submit a paper Claim Form Form, along with printed Proof of Purchase, which will be accepted upon receipt as valid by the Settlement Administrator if the claim is otherwise valid and timelyvalid. Settlement Class Members who do not submit a Claim Form electing to receive payment in the form of a Cash Benefit shall automatically receive a Credit Voucher for each qualifying mattress order placed on Defendant’s website without the need to file a Claim or take any other affirmative stepBenefit. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class DocuSign Envelope ID: 22A46851-61DB-445F-A46C-D3152294B406 member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB The Settlement Administrator shall have the right to audit Claims, and the Settlement Administrator may request additional information from Settlement Class Members submitting Claims. If any Settlement Class Member submits a Claim Form and elects to receive a Cash Benefit but fails to provide Proof of Purchase, or otherwise fails to follow the instructions included on the Claim Form, the Cash Benefit election shall be denied, and such Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s websiteBenefit. The Settlement Administrator shall maintain records of all Claim Forms until ninety sixty (9060) days after all valid Claims have been finally resolved and the Settlement Administrator has issued payment to those Settlement Class Members who submitted valid Claims and elected to receive a Cash Benefit, and such records will be made available upon request to Class Counsel and Defendant’s counsel at the end of the ninety sixty (9060) day period. The Settlement Administrator also shall provide such reports, declarations, and such other information to the Court as the Court may require or as Class Counsel or Defendant requests.

Claim Process. a. Accountholders for Settlement Class Members Accounts may elect to receive submit Claims for a Cash Benefit for each qualifying mattress order placed on Defendant’s website Settlement Payment, by submitting a valid Claim Form on or before the Claim Deadline. The Claim Form shall be substantially in the form attached as Exhibit G to this Settlement Agreement. Claim Forms may be submitted electronically via the Settlement Website or by mail. For Claim Forms submitted by mail, the Claim Deadline shall be a postmark deadline. The Email Notice, Postcard Notice, and Website Notice shall identify both the Claim Deadline and the webpage address, on the Settlement Website, where Claim Forms may be submitted electronically, and the Email Notice and Postcard Notice shall include unique personal identification numbers to facilitate the submission of Claims. The Email Notice shall also include a hyperlink to the webpage address, on the Settlement Website, where Claim Forms may be submitted electronically. b. By no later than fourteen days following the entry of the Preliminary Approval Order, AT&T shall provide the Customer Data to the Settlement Administrator via a web form on Administrator, for the Settlement Website during the Claim Period. Settlement Class Members may, at their option, submit a paper Claim Form which will be accepted upon receipt as valid by the Settlement Administrator if the claim is otherwise valid Administrator’s use in disseminating Notice and timely. Settlement Class Members who do not submit a Claim Form electing to receive payment in the form of a Cash Benefit shall automatically receive a Credit Voucher for each qualifying mattress order placed on Defendant’s website without the need to file a Claim or take any other affirmative step. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB processing Claims. c. The Settlement Administrator shall have the right to audit review and process Claims. d. Those Settlement Class Accounts for which a timely and valid Claim is submitted, and as determined by the Settlement Administrator Administrator, shall be deemed “Valid Claimants” and shall be issued Settlement Payments as described further herein. Only one valid Claim may request additional information from be submitted for each Settlement Class Members submitting Claims. If any Account. e. Settlement Class Member submits Accounts that timely and validly request exclusion from the Settlement Class, shall not be eligible for a Claim Form and elects to receive a Cash Benefit but fails to follow the instructions included on the Claim Form, the Cash Benefit election Settlement Payment. All other Settlement Class Accounts shall be denied, and such eligible to submit Claims for Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s website. Payments. f. The Settlement Administrator shall maintain records conduct reasonable audit(s) to ensure the integrity of all the Claim Forms Process, including that appropriate controls are in place to prevent fraud. g. Beginning no later than two weeks following the Notice Date and continuing until ninety (90) days after all valid the processing of Claims have been finally resolved and is completed, the Settlement Administrator has issued payment shall provide weekly updates to those Settlement Class Members who submitted valid Claims and elected to receive a Cash Benefit, and such records will be made available upon request to Class Counsel and DefendantAT&T’s counsel at the end Counsel regarding Claim submissions and regarding its review and processing of the ninety (90) day periodClaims. The Settlement Administrator also shall provide such reports, declarations, and such other information Administrator’s weekly updates to the Court as the Court may require or as Settlement Class Counsel shall not include any personally identifiable information about AT&T customers, such as account numbers, the name(s) of Accountholder(s) or Defendant requestssubscribers, email addresses, or contact information.

Claim Process. Settlement Class Members may elect to receive a Cash Benefit for each qualifying mattress order placed on Defendant’s website by submitting a valid Claim Form to the Settlement Administrator via a web form on the Settlement Website during the Claim Period. Settlement Class Members may, at their option, submit a paper Claim Form which will be accepted upon receipt as valid by the Settlement Administrator if the claim is otherwise valid and timelyvalid. Settlement Class Members who do not submit a Claim Form electing to receive payment in the form of a Cash Benefit shall automatically receive a Credit Voucher for each qualifying mattress order placed on Defendant’s website Benefit without the need to file a Claim or take any other affirmative step. The Settlement Administrator will use adequate and customary procedures and standards to prevent the payment of fraudulent claims. This may include measures such as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB The Settlement Administrator shall have the right to audit Claims, and the Settlement Administrator may request additional information from Settlement Class Members submitting Claims. If any Settlement Class Member submits a Claim Form and elects to receive a Cash Benefit but fails to follow the instructions included on the Claim Form, the Cash Benefit election shall be denied, and such Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s websiteBenefit. The Settlement Administrator shall maintain records of all Claim Forms until ninety (90) days after all valid Claims have been finally resolved and the Settlement Administrator has issued payment to those Settlement Class Members who submitted valid Claims and elected to receive a Cash Benefit, and such records will be made available upon request to Class Counsel and Defendant’s counsel at the end of the ninety (90) day period. The Settlement Administrator also shall provide such reports, declarations, and such other information to the Court as the Court may require or as Class Counsel or Defendant requests.

Claim Process. (A) Within fifteen (15) business days of receipt of the Spreadsheet and any other information identified in the previous subparagraph, the Settlement Administrator shall mail to the Class Members may elect a notice of the Settlement and consent and claim form in the forms attached as Exhibits B and C to all Class Members. Notice shall be provided in the following manners: a. Direct mail to each Class Member’s last known address; b. Reminder Notice to be issued via direct mail in a manner set forth in The Notice shall inform the Class Members of the terms of the Settlement including amount of the Settlement Payment, as well as their eligibility to receive the Further Settlement Payment by completing, signing and returning the enclosed consent and claim form, thereby becoming a Participating Class Member, as well as their anticipated settlement allocation. Class Members shall be able to submit claim forms electronically, using protocols set up by the Claims Administrator, or alternatively through returning claim forms via direct mail. Class Members will only be entitled to receive a Cash Benefit for each qualifying mattress order placed on Defendant’s website by submitting a valid Claim Form to Further Settlement Payment if they 1) submit claim forms electronically, using the Settlement Administrator via a web form on the Settlement Website during the Claim Period. Settlement Class Members may, at their option, submit a paper Claim Form which will be accepted upon receipt as valid protocol set up by the Settlement Administrator within sixty (60) days of its mailing; or 2) sign and postmark or return their consent and claim form within sixty (60) days of its mailing (“Consent/Claim Deadline”). In the event the procedures in this paragraph are followed, the Settlement Administrator shall be deemed to have satisfied its obligation to provide class notices to all putative class members, and if an intended recipient does not receive a notice, the claim is otherwise valid intended recipient shall nevertheless be bound by all terms of the Settlement Agreement and timelythe Final Approval Order. Settlement Any objection and opt-out deadlines as set forth herein shall not be extended for Class Members whose original notices are re-sent pursuant to this paragraph. (a) The parties will meet and confer in good faith if a Class Member attempts to opt in to the Settlement after the Consent Deadline. Such class member’s statute of limitations shall be tolled until after the meet and confer process has occurred. (b) No later than fourteen (14) days after the sixty (60) day claims submission period, the Settlement Administrator shall provide to Counsel for the Parties a declaration that includes, but is not limited to, the following information: (i) the total number of putative class who do not submit were sent the notices; (ii) the names and total number of members of the putative class who filed complete, accurate, and timely requests for opt-out or exclusion from the Settlement; and (iii) the total number of members of the putative class members who objected; and (iv) the total number of putative class members who submitted complete, accurate, and timely Claim Forms. (B) In addition, promptly following the Court’s entry of the Preliminary Approval Order, the Settlement Administrator shall prepare final versions of the following documents, incorporating into the documents the relevant dates and deadlines set forth in the Court’s Order: (1) a Claim Form electing to receive payment Notice of Proposed Settlement of Class Action Lawsuit and Fairness Hearing in the form attached as Exhibit A; and (2) an Opt-Out Statement in the form attached as Exhibit D. (C) Within fifteen calendar days (15) days of Defendants’ delivery of the spreadsheet, the Settlement Administrator will mail to all Class Members, via First Class United States Mail, postage prepaid, and keep a Cash Benefit written record of the date(s) of such mailing, final versions of the documents referenced in Section 6(E)(ii)(B). The date of such mailing shall automatically receive a Credit Voucher be referred to as the “Initial Mailing Deadline.” (D) The Settlement Administrator will take all reasonable steps to obtain the correct address of any Class Members for each qualifying mattress order placed on Defendant’s website without whom the need to file a Claim or take any other affirmative stepdocuments referenced in Section 6(E)(ii)(B) are returned by the post office as undeliverable. The Settlement Administrator will use adequate notify Defendants’ Counsel and customary procedures and standards Class Counsel of any such materials sent to prevent a Class Member that are returned as undeliverable after the payment of fraudulent claimsfirst mailing, as well as any such materials returned as undeliverable after any subsequent mailing(s) as set forth in this Agreement. This may include measures such For any Class Member whose mailing is returned as using a class member identifier to access and file claims and/or validating claims against Defendant’s records. DocuSign Envelope ID: AB8467E5-D83C-4ED4-9397-8D8E91EB23AB The Settlement Administrator shall have the right to audit Claims, and undeliverable for which the Settlement Administrator may request additional are unable to locate an alternative address, Defendants shall inform Class Counsel of any known alternate addresses or other contact information from Settlement Class Members submitting Claimsfor attempted re-mailings. If any Settlement All such Class Member submits a Claim Form and elects personal information will be treated as confidential information pursuant to receive a Cash Benefit but fails to follow the instructions included on the Claim Form, the Cash Benefit election Protective Order in this Litigation. In no event shall be denied, and such Settlement Class Member shall instead receive payment in the form of a Credit Voucher for each qualifying mattress order placed on Defendant’s website. The Settlement Administrator shall maintain records of all Claim Forms until ninety (90) days after all valid Claims have been finally resolved and the Settlement Administrator has issued payment attempt re-mailings of the documents referenced herein to any Class member more than forty (40) calendar days after the Initial Mailing Deadline. (E) The notices shall provide that those Settlement Class Members who submitted valid Claims and elected wish to receive object to the settlement must serve a Cash Benefitwritten statement of objection (“Notice of Objection”), within sixty (60) days of the mailing of the Notice, to the Settlement Administrator at the address set forth in the Notices, and simultaneously serve on counsel for the Parties a copy of that objection. The service date of any such records will objection shall be made available upon request to Class Counsel deemed the exclusive means for determining if a Notice of Objection is timely, unless otherwise determined by the Court. The Notice of Objection must state (a) the full name, address, and Defendant’s counsel at the end telephone number of the ninety person objecting and (90b) day periodthe basis for the objection. The Settlement Administrator also Class Members who fail to make objections in the manner specified in this subparagraph shall provide such reports, declarations, be deemed to have waived any objections and such other information shall be foreclosed from making any objection (whether by appeal or otherwise) to the Court as the Court may require or as Class Counsel or Defendant requestsSettlement Agreement.