Common use of REQUESTS FOR EXCLUSION AND OBJECTIONS Clause in Contracts

REQUESTS FOR EXCLUSION AND OBJECTIONS. 7.1 The Notice will direct Settlement Class Members to the settlement website for more information about the settlement. As set forth in Paragraph 6.1, the settlement website will include the “Detailed Class Notice,” in substantially the same form as Exhibit B attached hereto, which will advise Settlement Class Members of their rights: (a) to exclude themselves from this Settlement Agreement and forgo its benefits but preserve any rights they may have to pursue claims against Sephora; and (b) to object to this Settlement Agreement personally or through counsel. The settlement website will include a fillable online “Opt-Out Form” that Settlement Class Members may use to exclude themselves from the Settlement Agreement. 7.2 Any Settlement Class Member other than Plaintiff may request to be excluded from this Settlement Agreement by completing and submitting the fillable online “Opt-Out Form” on the settlement website on or before the date that is forty-nine (49) days after the Notice Date (such 49th day after the Notice Date is the “Objection/Exclusion Deadline”) or by mailing a letter via first class mail to the Settlement Administrator postmarked on or before the Objection/Exclusion Deadline. For a letter to be a “complete” exclusion request, it must include the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, a statement that the Settlement Class Member requests to be excluded from the settlement, and the Settlement Class Member’s signature. An exclusion request submitted via the “Opt-Out Form” will be deemed a “complete” exclusion request so long as all required fields are filled in with the requested information, which will include: the Settlement Class Member’s first and last names, the unique identifying code from the Settlement Class Member’s Notice, and a checkbox or similar field serving as the electronic equivalent of a signature and affirming that the Settlement Class Member requests to be excluded from the settlement. A request for exclusion may only be brought on behalf of the individual Settlement Class Member making the request, and “mass” or “class” requests for exclusion will not be valid and will have no effect. Any Settlement Class Member who submits a timely and complete exclusion request pursuant to the requirements of this Paragraph will no longer be a Settlement Class Member, will not be bound by this Settlement Agreement or the Final Approval Order, will not be entitled to any rights, relief, or benefits under or by virtue of this Settlement Agreement, and will not be entitled to object to or otherwise contest this Settlement Agreement. Any Settlement Class Member who fails to submit a timely and complete exclusion request will continue to be a Settlement Class Member, will not be excluded from this Settlement Agreement, and will be bound by this Settlement Agreement upon the issuance of the Final Approval Order. 7.3 Any Settlement Class Member other than Plaintiff may object to this Settlement Agreement by mailing a letter via first class mail to the Settlement Administrator postmarked on or before the Objection/Exclusion Deadline. To be a “complete” objection (without regard to whether the objection has factual or legal merit), the letter must include the Settlement Class Member’s first and last names; the unique identifying code from the Settlement Class Member’s Notice; all arguments, citations, and evidence supporting the objection (including copies of any documents relied upon); the name and contact information of the Settlement Class Member’s counsel, if any; a statement whether the Settlement Class Member or counsel intends to appear at the Final Approval Hearing; and the Settlement Class Member’s signature. Any Person who fails to submit a timely and complete objection pursuant to the requirements of this Paragraph will be deemed to have waived any and all objections and will not be permitted to object to this Settlement Agreement in any manner, in the Action or any other proceeding. 7.4 Plaintiff is conclusively deemed to be a Settlement Class Member and is not permitted to object to or request exclusion from this Settlement Agreement, and any such objection or exclusion request will not be valid and will have no effect. 7.5 On the date that is fourteen (14) days after the Objection/Exclusion Deadline, the Settlement Administrator will provide to the Parties a list of the unique identifying codes corresponding to the Persons who have submitted timely and complete requests for exclusion. The Settlement Administrator will supplement the list from time to time to the extent it receives further timely and complete requests for exclusion. 7.6 If the total number of Persons who submit timely and complete requests for exclusion exceeds fifteen percent (15%) of the number of Notices that were sent by the Settlement Administrator, not including emailed Notices that were not delivered and mailed Notices that were returned undeliverable, Sephora (but not Plaintiff) will have the option in its sole discretion to terminate this Settlement Agreement; provided, however, that such option must be exercised within fourteen (14) days after receiving notice of the facts supplying the basis for the termination. 7.7 Should the Settlement Administrator receive any requests for exclusion that it believes are not timely or are not complete, it will notify the Parties and will provide copies of the materials received, and reports summarizing the materials received, to the Parties upon request. 7.8 Should the Settlement Administrator receive any objections, whether or not timely or complete, it will promptly provide the Parties with copies of the materials received. 7.9 Should the Settlement Administrator receive any other correspondence in connection with administering this Settlement Agreement, it will promptly provide the Parties with copies of the materials received.