Participating Claimants Sample Clauses
Participating Claimants. (A) Class Members who do not opt-out of the settlement pursuant to Section 2.5 may elect to become Participating Claimants by submitting a timely and valid Claim Form and Release as described below. Class Members who wish to exercise this option and certify their entitlement to payment under the Settlement must (1) fully and timely complete and sign the Claim Form and Release, and (2) timely mail, email, or fax, (i) the executed Claim Form and Release, (ii) an IRS 2015 W-9 Form, and (iii) a copy of a government- issued identification such as a passport or driver’s license (“Authorization Documents”). If the Claim Form and Release is not received by the Settlement Administrator on or before the Claim Form Deadline, then that Class Member will be deemed to have forever waived his or her right to be a Participating Claimant and receive payment under this Settlement. However, as long as any New York or California Class Member does not properly submit an Opt-Out Statement, New York and California Class Members shall be subject to the Judgment of Dismissal and release of Released State Law Claims even if they do not submit the Claim Form and Release in accordance with the above sentences. Only Participating Claimants shall be entitled to payment pursuant to this Agreement.
(B) If a Class Member submits a timely Claim Form and Release, but fails to complete the Claim Form and Release, fails to submit a complete W-9 Form, or fails to submit a copy of government issued identification, then that Class Member shall be notified by the Settlement Claims Administrator within two (2) days of receipt of the Claims Form and Release of the nature of the defect and instructions to cure the defect no later than five (5) days before the deadline for the Motion for Final Approval. This notification will be sent by U.S. Mail, and if the email and/or cell phone number of the Class Member is reasonably ascertainable, will be sent by email and/or text as well. The Settlement Claims Administrator shall further advise Class Counsel of the name and contact information for the Class Member, along with a copy of the incomplete documents. Class Counsel may communicate with that Class Member for the purpose of securing timely and complete documents. Any Class Member that fails to cure the defect on or before five (5) days before the deadline for the Motion for Final Approval shall not receive his or her settlement allocation, will not receive a Settlement Check, and said funds shall rever...
Participating Claimants. In order to Opt In to the settlement and accept their settlement offer through the Settlement Program, a Claimant must provide to the Claims Administrator on or before the Opt In Deadline (i) an Opt In Form; (ii) Release; and (iii) a Declaration of Counsel signed under penalty of perjury, each complete and properly and fully executed as specified therein. An Opt In Form and Release are irrevocable upon their receipt by the Claims Administrator, except that if Settling Defendants exercise a Walk Away Right, each Opt In Form and Release will be null and void nunc pro tunc and returned to Plaintiffs’ Counsel. On the Opt In Reporting Deadline, the Claims Administrator will provide to Settling Defendants each Participating Claimant’s Opt In Form, Release, and Declaration of Counsel.
Participating Claimants
