Common use of Settlement Class Notice Clause in Contracts

Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant shall compile a list of 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 ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period. All of the information collected by Defendant, 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 20 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement. 6.2 No later than 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 mailing addresses through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) to update the information. 6.3 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each of the persons on the Settlement Class Member Contact List for whom an email address can be located. An Email Notice shall be sent to every email address obtained for each Settlement Class Member. Additionally, no later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the Postcard Notice (substantially in the form of Exhibit A) to each of the persons on the Settlement Class Member Contact List for whom a mailing address can be located. If any Postcard Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator immediately will 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 Postcard Notice to that updated mailing address. 6.4 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (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 (both electronically and by mail) and the deadline to do so, and provide instructions on how to object to and opt out of the Class Action Settlement and the deadlines to 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; the Court's order preliminarily approving the Class Action Settlement; the Claim Form (substantially in the form of Exhibit D); and the long-form Settlement Class Notice (substantially in the form of Exhibit C). 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. 6.5 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. 6.6 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 and objecting to this Agreement, and the date of the final approval hearing as set by the Court.

Settlement Class Notice. 6.1 For all callers from California Area Codes to outbound calls for which Defendant has records that were made during the Class Period by Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has recordsdepartment to California Area Codes, Defendant shall compile a list of their those calls’ unique telephone numbers and, to the extent that they are in Defendant’s possession and capacity to collect, the names, most recent billing addressmailing addresses, and most recent email address addresses of the individuals associated with those 34,921 approximately 9,632 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 ((▇▇▇) ▇▇▇-▇▇▇▇) received from Defendant during the Class PeriodPeriod (which total approximately 18,846 telephone calls). All of the information collected by Defendant, 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 20 30 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement. 6.2 No later than 30 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 mailing addresses through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) to update the information. 6.3 No later than 40 50 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each of the persons on the Settlement Class Member Contact List for whom an email address can be located. An Email Notice shall be sent to every email address obtained for each Settlement Class Member. Additionally, no later than 40 50 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the Postcard Notice (substantially in the form of Exhibit A) to each of the persons on the Settlement Class Member Contact List for whom a mailing address can be located. If any Postcard Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator immediately will 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 Postcard Notice to that updated mailing address. 6.4 No later than 40 50 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (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 (both electronically and by mail) and the deadline to do so, and provide instructions on regarding how to object to and opt out of the Class Action Settlement and the deadlines to 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 Complaintcomplaint; Defendant’s answer to the complaint; the Court's ’s order preliminarily approving the Class Action Settlement; the Claim Form (substantially in the form of Exhibit D); and the long-long- form Settlement Class Notice (substantially in the form of Exhibit C). The Settlement Website shall remain active for 90 calendar days after the Settlement Effective Date and shall be made non-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. 6.5 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. 6.6 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 and objecting to this Agreement, and the date of the final approval hearing as set by the Court.

Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant Defendants shall compile a list of 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 ((▇▇▇) ▇▇▇-▇▇▇▇) all U.S. persons who were season pass holders and/or members during the Class PeriodPeriod and search for names, mailing addresses, and email addresses associated with the list. All of the information collected by DefendantDefendants, 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 20 30 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlementsettlement and shall be treated as confidential and not disclosed to anyone. 6.2 No later than 30 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(s) database to update the informationinformation provided by Defendants. 6.3 No later than 40 60 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlementsettlement, the Claims Administrator shall send to each person on the Email 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 B) to each of the persons on the Settlement Class Member Contact List for whom an email address can be locatedC hereto by first class United States mail. An Email Notice shall be sent to every email address obtained for each Settlement Class Member. Additionally, no No later than 40 60 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlementsettlement, the Claims Administrator shall mail email to each person on the Postcard Class Member Contact List for whom an email address is available, the Email Settlement Class Notice (substantially in the form of Exhibit A) to each of the persons on the Settlement Class Member Contact List for whom a mailing address can be locatedD hereto. If any Postcard Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately will perform a skip-trace and/or other customary address searches in an attempt to locate a valid address andaddress, and if a new mailing address is obtained, re-mail the Postcard Notice 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, ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. 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 40 50 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlementsettlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (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 deadline to do sodeadlines associated therewith, and provide instructions on how to object to and opt out of the Class Action Settlement settlement and the deadlines to do soassociated 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 Complaintcomplaint in each of the Actions; the Court's order preliminarily approving the Class Action Settlementsettlement; the Claim Form Form- Cash (substantially in Exhibit A); the form of Claim Form-Voucher (Exhibit DB); and the longLong-form Form Settlement Class Notice (substantially in the form of Exhibit CE). 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. 6.5 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. 6.6 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 out, and objecting to this Agreementthe settlement, and the date of the final approval hearing as set by the Court.

Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant 4.1 Defendants shall compile a list of their the 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 each telephone numberscall to a toll-free telephone number associated with Defendants and ▇▇▇ ▇▇▇ from a California Area Code during the Class Period. Additionally, Defendant Such list shall include sufficient information such that the Claims Administrator can determine the number of telephone calls that each of those unique telephone numbers Settlement Class Member made to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) that was captured by Contact One during the Class Period. All of the information collected by Defendantsuch information, taken in total, shall be referred to as the Settlement “Potential Class Member Contact List”. The Settlement Potential Class Member Contact List shall be compiled complied and provided to the Claims Administrator no later than 20 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement. 6.2 No later than 30 Preliminary Approval Order. Within seven calendar days after receiving the Settlement 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 the names, names and mailing addresses, and email addresses associated with each telephone number provided by Defendant where no corresponding contact information is availableduring the Class Period; and (2) run all mailing addresses through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) database to update the information. 6.3 4.3 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action SettlementPreliminary Approval Order, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each of the persons on the Settlement Class Member Contact List for whom an email address can be located. An Email Notice shall be sent to every email address obtained for each Settlement Class Member. Additionally, no later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the Postcard Notice (substantially in the form of Exhibit A) to each of the persons on the Settlement Potential Class Member Contact List for whom a mailing address can be locatedlocated a Claim Form and the Summary Settlement Class Notice substantially in the form of Exhibit C hereto by postal mail. If any Postcard Claim Form and Summary Settlement Class Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately will perform a skip-trace and/or other customary address searches in an attempt to locate a valid address andaddress, and if a new mailing address is obtained, re-mail the Postcard Claim Form and Summary Settlement Class Notice to that updated mailing address. 6.4 4.4 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action SettlementPreliminary Approval Order, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet Internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (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 (both electronically and by mail) and the deadline to do soassociated therewith, and provide instructions on how to object to and opt out of the Class Action Settlement and the deadlines to do soassociated 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 First Amended Complaint; the Court's order preliminarily approving the Class Action SettlementPreliminary Approval Order; the Claim Form (substantially in the form of Exhibit DE); and the longLong-form Form Settlement Class Notice (substantially in the form of Exhibit CB). 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. 6.5 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. 6.6 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 out, and objecting to this Agreement, and the date of the final approval hearing as set by the Court.

Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant shall compile a list of their unique telephone numbers andthe most recent mail and email addresses in its possession for all Settlement Class Members, to the extent in Defendant’s possession and capacity to collecti.e., 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 ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period. All of the information collected by Defendant, 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 20 10 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement. 6.2 No later than 30 5 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 mailing addresses through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) database to update the informationinformation provided by Defendant. 6.3 No later than 40 30 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each of the persons on the Settlement Class Member Contact List for whom an a mailing address was provided (but no email address can be located. An Email Notice shall be sent to every email address obtained for each on file) the Settlement Class MemberNotice substantially in the form of Exhibit B hereto by regular mail. Additionally, no No later than 40 30 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the Postcard Notice (substantially in the form of Exhibit A) email to each of the persons on the Settlement Class Member Contact List for whom a mailing an email address can be locatedwas provided the Email Settlement Class Notice substantially in the form of Exhibit 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 will perform a skip-trace and/or other customary address searches in an attempt to locate a valid address andaddress, and if a new mailing address is obtained, re-mail the Postcard Notice appropriate notice document to that updated mailing address. 6.4 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (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 (both electronically and by mail) and the deadline to do so, and provide instructions on how to object to and opt out of the Class Action Settlement and the deadlines to 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; the Court's order preliminarily approving the Class Action Settlement; the Claim Form (substantially in the form of Exhibit D); and the long-form Settlement Class Notice (substantially in the form of Exhibit C). 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. 6.5 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. 6.6 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 out, and objecting to this Agreement, and the date of the final approval hearing as set by the Court.

Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant shall compile a list of their the unique telephone numbers and, to the extent in Defendant’s possession and capacity to collectpossession, the names, most recent billing addressaddresses, and most recent email address addresses of the individuals associated with those 34,921 telephone numbersnumbers for each recording of a call to Defendant’s Rapid Rewards toll-free telephone number (▇▇▇-▇▇▇-▇▇▇▇) from a telephone number with a California Area Code at any time during the Class Period for which Defendant has a record. Additionally, Defendant shall determine the number of telephone calls that each of those these unique telephone numbers made to Defendant’s customer service Rapid Rewards toll-free telephone number ((▇▇▇) -▇▇▇-▇▇▇▇) during the Class Period. All of the information collected by Defendant, 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 20 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement. 6.2 No later than 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 mailing addresses addresses, where no email address exists, through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) database to update the information. 6.3 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) to each of the persons on the Settlement Class Member Contact List for whom an email address can be located. An Email Notice shall be sent to every each email address obtained for each Settlement Class Member. Additionally, no No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the Postcard Notice (substantially in the form of Exhibit A) to each of the persons on the Settlement Class Member Contact List for whom a mailing valid email address can be locatedwas not provided by Defendant or obtained by the Claims Administrator. If any Postcard Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator will immediately will 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 Postcard Notice to that updated mailing address. If all efforts to send an Email Notice to an individual Settlement Class Member are determined by the Claims Administrator to be undeliverable, the Claims Administrator will mail a Postcard Notice to that Settlement Class Member immediately. 6.4 No later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (or a similar name as agreed upon by the Parties if that one is not availableavailable)(the "Settlement Website"), which . 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 (both electronically and by mail) and the deadline to do so, and provide instructions on how to object to and opt out of the Class Action Settlement and the deadlines to 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; the Court's order preliminarily approving the Class Action Settlement; the Claim Form (substantially in the form of Exhibit D); and the long-form Settlement Class Notice (substantially in the form of Exhibit C). 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. 6.5 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. 6.6 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 and objecting to this Agreement, and the date of the final approval hearing as set by the Court.

Settlement Class Notice. 6.1 For all callers from California Area Codes to Defendant’s customer service telephone number ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period for which Defendant has records, Defendant shall compile a list of 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 ((▇▇▇) ▇▇▇-▇▇▇▇) during the Class Period. All of the information collected by Defendant, taken in total, shall be referred to as the Settlement Class Member Contact List. 7.1 The Settlement Class Member Contact List shall be compiled and provided to the Claims Administrator no later than 20 21 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement. 6.2 7.2 No later than 30 14 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, addresses and email addresses associated with each telephone number individual Fight Pass subscriber provided by Defendant where no corresponding contact information is availableDefendants, if necessary; and (2) run all mailing addresses through the United States Postal Service National Change of Address (“NCOA”) (or comparable) database(s) database to update the information. 6.3 7.3 No later than 40 45 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall send notice as follows: 7.3.1 For each person on the Class Member Contact List for whom an email address was provided by Defendants, the Claims Administrator shall send the Email Notice (substantially in the form of Exhibit B) ). The Email Notice will contain a GUID link allowing potential Class Settlement Members to directly access the Settlement Website. Defendants believe they have email addresses for most Settlement Class Members, accordingly, email will likely be the most reliable means of notifying potential Settlement Class Members of the Settlement. For any invalid email addresses or other bouncebacks, the Claims Administrator shall employ reasonable efforts to resend the Notice via U.S. Mail. 7.3.2 For those Settlement Class Members for whom an email address is unavailable, the Claims Administrator shall send to each of the persons on the Settlement Class Member Contact List for whom an email address can be located. An Email Notice shall be sent to every email address obtained for each Settlement Class Member. Additionally, no later than 40 calendar days after entry of the Court’s order preliminarily approving the Class Action Settlement, the Claims Administrator shall mail the a Postcard Notice (substantially which will include a URL code for a link directly to the Claim Form on the Settlement Website in the form of Exhibit AC) to each of the persons on the Settlement Class Member Contact List for whom a mailing address can be locatedby regular mail. The Postcard Notice If any Postcard Notice is returned to the Claims Administrator as undeliverable, the Claims Administrator immediately will perform a skip-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 Postcard Notice to that updated mailing address. 6.4 No 7.4 Not later than 40 30 calendar days after entry before the close of the CourtClaims Period, the Claims Administrator shall send a second reminder notice email to all Class Members who have not made a claim, opted out, or objected. Additional reminder notice emails may be sent by the Claims Administrator provided that it does not cause the Claims Administrator’s order preliminarily approving proposed budget to be exceeded by more than 15%. 7.5 By the Class Action Settlementtime Notice is sent, the Claims Administrator shall publish a website (the “Settlement Website”) on the internet at the URL ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (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 (both electronically and by mail) and the deadline to do so, and provide instructions on how to object to and opt out of the Class Action Settlement and the deadlines to do so. The Settlement Website also shall provide, free of chargecharge to Class Members, a viewable, printable, printable and downloadable copy, in PDF file format, of each of the following documents: this Agreement; the Complaint; the Court's ’s order preliminarily approving the Class Action Settlement; the Claim Form (substantially in the form of Exhibit DA); and the long-form Settlement Class Notice (substantially in the form of Exhibit CD). The Settlement Website shall be updated to include Plaintiff’s motion for final approval and motion for attorneys’ fees, costs and class representative service award, and all supporting papers. The Settlement Website shall remain active for 90 7 calendar days after the Settlement Effective Payment Void Date and shall be made non-operational on the 91st calendar 8th day after the Settlement Effective Payment Void Date. Defense Counsel and Settlement Class Counsel shall have the right to review and approve the Settlement Website, including its content, not no less than 10 7 calendar days before it goes live. 6.5 7.6 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. 6.6 7.7 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 this Agreement, and the date of the final approval hearing as set by the Court.