Complete Resolution. The Parties intend for this Agreement to be a complete and final resolution of all disputes between them with respect to the Litigation. APPROVED AND AGREED: ▇▇▇▇▇ ▇▇▇▇▇▇ DATED: March , 2021 ▇▇▇▇▇ ▇▇▇▇▇▇ 8/19/2021 DATED: March , 2021 SHUTTERFLY, INC. By: Name: Its: DATED: March , 2021 ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ DATED: August 20, 2021 SHUTTERFLY, INC. By:_ Name ▇▇▇▇▇▇▇▇▇▇▇ . Its: Chief Legal and People Officer . DocuSign Envelope ID: 7CA2aAs2e51C5-:713988--c4Cv6-E0-0B42F68-656-BD6L2FF5A7D1Eo9cument 98-2 Filed 08/20/21 Page 46 of 117 APPROVED AS TO FORM: DATED: March , 2021 GUTRIDE ▇▇▇▇▇▇ LLP 8/20/2021 ▇▇▇▇ ▇▇▇▇▇▇, Esq. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. Attorneys for Plaintiff August 20 ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇, DATED: M a--r-c--h- , 2021 P.C. ▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. Attorneys for Defendant There has been a class action settlement in this lawsuit. The Class includes individuals who between June 1, 2015 and April 30, 2018, in the United States, purchased a Shutterfly General Spend Groupon that was not redeemed and those who redeemed a Shutterfly General Spend Groupon purchased during that period. If your Groupon was not redeemed towards a purchase at Shutterfly, you will get codes for 110% of the original promotional value of your Groupon, plus free shipping. For example, if you paid Groupon $20 for “$40 to Spend at Shutterfly,” you will receive a code for $44 to spend at Shutterfly (110% of $40) plus free shipping. If you already redeemed your Groupon towards a purchase at Shutterfly, you will get codes for 20% of the original promotional value of your Groupon, plus free shipping. For example, if you paid Groupon $20 for “$40 to Spend at Shutterfly,” you will receive a code for $8 to spend at Shutterfly (20% of $40) plus free shipping. You have the option to get a Cash Refund by submitting this Claim Form, if you are in the Class and you already redeemed your Groupon towards a purchase at Shutterfly and you do not want the free Promotional and Shipping Codes. Your cash refund will equal 10% of the original promotional value of your Groupon, plus 50% of the amount you paid for shipping on the order you redeemed the Groupon. For example, if you paid Groupon $20 for a “$40 to Spend at Shutterfly” deal and you then paid Shutterfly $10 for shipping when you redeemed the Groupon, you will receive a cash refund of $9 (10% of $40, plus 50% of $10). Your class notice states the amount of the cash refund you could receive. Your completed claim form must be POSTMARKED OR SUBMITTED ONLINE by November 9, 2021 at 11:59 p.m., Pacific Time. You may send the form by first-class mail, or the equivalent, to the address below, or you may submit the form through ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Only settlement class members or their legal representatives may submit a Claim Form. Information you provide on this form will be kept private and will not be disclosed to anyone other than the Court, the Claim Administrator, and the settling parties in this case. The Claim Administrator will use the email address that you provide on this Claim Form to communicate with you if communication is necessary and send your Shipping Code and Promotional Code. If your email address or other contact information changes after you submit this Claim Form, please contact the Claim Administrator at: ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. You can receive additional details about the settlement at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇. If you are submitting this Claim Form via mail, please send it to: Shutterfly Claim Administrator, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. Claimant Identification Number (printed on the notice you received): Claimant Name: First Name MI Last Name Street Address: City: State: Zip Code: E-mail Address: Please select one of the following payment options: Signature: Date: • The notice concerns a case called ▇▇▇▇▇▇ v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF, pending in the United States District Court for the Northern District of California. • This class action Settlement will resolve a lawsuit against Shutterfly, Inc. (“Defendant”). The lawsuit affects all United States residents who, either (i) purchased a Shutterfly General Spend Groupon between June 1, 2015 to April 30, 2018 that was not redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. • The lawsuit contends that Defendant engaged in false and misleading advertising of deals on ▇▇▇▇▇▇▇.▇▇▇, committed breaches of contract and fraud in connection with these deals, and included an unenforceable arbitration clause in its Terms of Use. The deals involved a price paid (“Paid Value”) for the Groupon which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase within a set period of time. For example, the Groupon “$20 for $40 to Spend at Shutterfly” had a Paid Value of $20 and a Promotional Value of $40. These deals are called the “Shutterfly General Spend Groupons”. Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could be used only toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. The lawsuit seeks a Court order to mandate that Defendant provide additional notice of the terms of the Shutterfly General Spend Groupons and provide monetary compensation to customers that purchased the Shutterfly General Spend Groupons. • Defendant denies any wrongdoing. It contends that it has complied with the law in all respects and at all times and properly informed customers of the potential for these charges. • To settle the case, Defendant has agreed to provide notice in their advertising of Shutterfly General Spend Groupons that purchasers will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. In addition, Defendant will provide, to Class Members who purchased Shutterfly General Spend Groupon that were never redeemed, an automatic Shipping Code for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and a Promotional Code worth 110% of the original Promotional Value of the Shutterfly General Spend Groupon. Defendant will also provide, to Class Members who redeemed their Shutterfly General Spend Groupons, an automatic Shipping Code for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and a Promotional Code worth 20% of the original Promotional Value of the Shutterfly General Spend Groupon. Class Members who redeemed their Shutterfly General Spend Groupons and who do not want the Shipping Code and Promotional Code can instead obtain a Cash Refund equal to 10% of the Promotional Value of the Groupon, plus 50% of the amount the Class Member paid Shutterfly for shipping in connection with the order in which the Groupon was redeemed. To be eligible for a Cash Refund, the Class Member must submit a Valid Claim. • The lawyers who brought the lawsuit (“Class Counsel”) will ask the Court for up to $350,000.00 to be paid by Defendant as Attorneys’ Fees and Expenses for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also will ask for $5,000 for the Plaintiff who brought this lawsuit. That payment is called the “Class Representative Incentive Award.” • Your legal rights are affected whether or not you act. Read this notice carefully. This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, or contact the Shutterfly Claim Administrator, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ or by telephone at ▇-▇▇▇-▇▇▇-▇▇▇▇. Do Nothing and Receive a Promotion Code and Free Shipping Code You will automatically receive the Shipping Code and a Promotional Code. You also will receive the benefit of the revised notice in future advertisements of Shutterfly General Spend Groupons. You will not receive a Cash Refund. Also, you will have no right to sue later for the claims released by the Settlement. none Submit a Claim Form The only way to receive a Cash Refund under the Settlement. This option is only available to Class Members who redeemed a Shutterfly General Spend Groupon. November 9, 2021 Opt-Out Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against Defendant. You will receive no Cash Refund, Shipping Code, or Promotional Code from this Settlement. November 9, 2021 File Objection Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline.) November 9, 2021 Go to a Hearing Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above.) December 2, 2021 • These rights and options—and the deadlines to exercise them—are explained in this notice. • The Court in charge of this case still has to decide whether to approve the Settlement. Shipping Code, Promotion Codes, and Cash Refunds will be provided to Class Members only if the Court approves the Settlement. If there are appeals, these benefits will not be provided until the appeals are resolved and the Settlement becomes effective. Please be patient.
Appears in 1 contract
Sources: Class Action Settlement Agreement
Complete Resolution. The Parties intend for this Agreement to be a complete and final resolution of all disputes between them with respect to the Litigation. APPROVED AND AGREED: ▇▇▇▇▇ ▇▇▇▇▇▇ DATED: March , 2021 ▇▇▇▇▇ ▇▇▇▇▇▇ 8/19/2021 3/2/2021 DATED: March , 2021 SHUTTERFLY, INC. By: Name: Its: APPROVED AND AGREED: DATED: March February , 2021 ▇▇▇▇▇ ▇▇▇▇▇▇ DATED: February Mar, 2021 SHUTTERFLY, INC. ch4 By: Name: ▇▇▇▇▇ ▇▇▇▇▇▇ DATED: August 20, 2021 SHUTTERFLY, INC. By:_ Name ▇▇▇▇▇▇▇▇▇▇▇ . Its: Chief Legal and People Officer . DocuSign Envelope ID: 7CA2aAs2e51C5-:713988--c4Cv6-E0-0B42F68-656-BD6L2FF5A7D1Eo9cument 98-2 Filed 08/20/21 Page 46 of 117 APPROVED AS TO FORM: SVP & General Counsel DATED: March , 2021 GUTRIDE ▇▇▇▇▇▇ LLP 8/20/2021 3/2/2021 ▇▇▇▇ ▇▇▇▇▇▇, Esq. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. Attorneys for Plaintiff August 20 ▇▇▇▇▇▇▇▇DATED: March , 2021 OGLETREE, ▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇ & ▇▇▇▇▇▇▇, DATED: M a--r-c--h- , 2021 P.C. ▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. Attorneys for Defendant APPROVED AS TO FORM: DATED: February , 2021 GUTRIDE ▇▇▇▇▇▇ LLP ▇▇▇▇ ▇▇▇▇▇▇, Esq. ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Esq. Attorneys for Plaintiff DATED: March 5, 2021 P.C. ▇▇▇▇▇ ▇. ▇▇▇▇▇, Esq. There has been a class action settlement in this lawsuit. The Class includes individuals who between June 1, 2015 and April 30, 2018, in the United States, purchased a Shutterfly General Spend Groupon that was not redeemed and those who redeemed a Shutterfly General Spend Groupon purchased during that period. If your Groupon was not redeemed towards a purchase at Shutterfly, you will get codes for 110% of the original promotional value of your Groupon, plus free shipping. For example, if you paid Groupon $20 for “$40 to Spend at Shutterfly,” you will receive a code for $44 to spend at Shutterfly (110% of $40) plus free shipping. If you already redeemed your Groupon towards a purchase at Shutterfly, you will get codes for 20% of the original promotional value of your Groupon, plus free shipping. For example, if you paid Groupon $20 for “$40 to Spend at Shutterfly,” you will receive a code for $8 to spend at Shutterfly (20% of $40) plus free shipping. You have the option to get a Cash Refund by submitting this Claim Form, if you are in the Class and you already redeemed your Groupon towards a purchase at Shutterfly and you do not want the free Promotional and Shipping Codes. Your cash refund will equal 10% of the original promotional value of your Groupon, plus 50% of the amount you paid for shipping on the order you redeemed the Groupon. For example, if you paid Groupon $20 for a “$40 to Spend at Shutterfly” deal and you then paid Shutterfly $10 for shipping when you redeemed the Groupon, you will receive a cash refund of $9 (10% of $40, plus 50% of $10). Your class notice states for the amount of the cash refund you could receive. Your completed claim form must be POSTMARKED OR SUBMITTED ONLINE by November 9, 2021 [Date] at 11:59 p.m., Pacific Time. You may send the form by first-class mail, or the equivalent, to the address belowat the bottom of this form, or you may submit the form through ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Only settlement class members or their legal representatives may submit a Claim Form. Information you provide on this form will be kept private and will not be disclosed to anyone other than the Court, the Claim Administrator, and the settling parties in this case. The Claim Administrator will use the email address that you provide on this Claim Form to communicate with you if communication is necessary and send your Shipping Code and Promotional Code. If your email address or other contact information changes after you submit this Claim Form, please contact the Claim Administrator at: ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇[email address]. You can receive additional details about the settlement at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇[phone number]. If you are submitting this Claim Form via mail, please send it to: Shutterfly Claim Administrator, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇. [ADDRESS] Claimant Identification Number (printed on the notice you received): Claimant Name: First Name MI Last Name Street Address: City: State: Zip Code: E-mail Address: Please select one of the following payment options: Signature: Date: • The notice concerns a case called ▇▇▇▇▇▇ v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF, pending in the United States District Court for the Northern District of California. • This class action Settlement will resolve a lawsuit against Shutterfly, Inc. (“Defendant”). The lawsuit affects all United States residents who, either (i) purchased a Shutterfly General Spend Groupon between June 1, 2015 to April 30, 2018 that was not redeemed; or, (ii) redeemed a Shutterfly General Spend Groupon purchased during that period. • The lawsuit contends that Defendant engaged in false and misleading advertising of deals on ▇▇▇▇▇▇▇.▇▇▇, committed breaches of contract and fraud in connection with these deals, and included an unenforceable arbitration clause in its Terms of Use. The deals involved a price paid (“Paid Value”) for the Groupon which could be redeemed at a greater dollar value (“Promotional Value”) towards a Shutterfly purchase within a set period of time. For example, the Groupon “$20 for $40 to Spend at Shutterfly” had a Paid Value of $20 and a Promotional Value of $40. These deals are called the “Shutterfly General Spend Groupons”. Plaintiff alleges that Shutterfly failed to disclose to purchasers that they would receive a promotional code that could be used only toward full priced items and could not be combined with any other discounts offered on the Shutterfly website, including product discounts and free shipping. The lawsuit seeks a Court order to mandate that Defendant provide additional notice of the terms of the Shutterfly General Spend Groupons and provide monetary compensation to customers that purchased the Shutterfly General Spend Groupons. • Defendant denies any wrongdoing. It contends that it has complied with the law in all respects and at all times and properly informed customers of the potential for these charges. • To settle the case, Defendant has agreed to provide notice in their advertising of Shutterfly General Spend Groupons that purchasers will receive a promotional code that cannot be combined with any other Shutterfly promotional codes or shipping codes. In addition, Defendant will provide, to Class Members who purchased Shutterfly General Spend Groupon that were never redeemed, an automatic Shipping Code for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and a Promotional Code worth 110% of the original Promotional Value of the Shutterfly General Spend Groupon. Defendant will also provide, to Class Members who redeemed their Shutterfly General Spend Groupons, an automatic Shipping Code for free shipping on a future purchase from ▇▇▇▇▇▇▇▇▇▇.▇▇▇ and a Promotional Code worth 20% of the original Promotional Value of the Shutterfly General Spend Groupon. Class Members who redeemed their Shutterfly General Spend Groupons and who do not want the Shipping Code and Promotional Code can instead obtain a Cash Refund equal to 10% of the Promotional Value of the Groupon, plus 50% of the amount the Class Member paid Shutterfly for shipping in connection with the order in which the Groupon was redeemed. To be eligible for a Cash Refund, the Class Member must submit a Valid Claim. • The lawyers who brought the lawsuit (“Class Counsel”) will ask the Court for up to $350,000.00 to be paid by Defendant as Attorneys’ Fees and Expenses for investigating the facts, litigating the case, and negotiating the Settlement. Class Counsel also will ask for $5,000 for the Plaintiff who brought this lawsuit. That payment is called the “Class Representative Incentive Award.” • Your legal rights are affected whether or not you act. Read this notice carefully. This notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇[website], or contact the Shutterfly Claim Administrator, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Administrator at [address] or by telephone at ▇-▇▇▇-▇▇▇-▇▇▇▇[phone number]. Do Nothing and Receive a Promotion Code and Free Shipping Code You will automatically receive the Shipping Code and a Promotional Code. You also will receive the benefit of the revised notice in future advertisements of Shutterfly General Spend Groupons. You will not receive a Cash Refund. Also, you will have no right to sue later for the claims released by the Settlement. none Submit a Claim Form The only way to receive a an Cash Refund under the Settlement. This option is only available to Class Members who redeemed a Shutterfly General Spend Groupon. November 9, 2021 [DATE] Opt-Out Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against Defendant. You will receive no Cash Refund, Shipping Code, or Promotional Code from this Settlement. November 9, 2021 [DATE] File Objection Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline.) November 9, 2021 [DATE] Go to a Hearing Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline noted above.) December 2, 2021 [DATE] • These rights and options—and the deadlines to exercise them—are explained in this notice. • The Court in charge of this case still has to decide whether to approve the Settlement. Shipping Code, Promotion Codes, and Cash Refunds will be provided to Class Members only if the Court approves the Settlement. If there are appeals, these benefits will not be provided until the appeals are resolved and the Settlement becomes effective. Please be patient.
Appears in 1 contract
Sources: Class Action Settlement Agreement