Common use of Submission of Claims Clause in Contracts

Submission of Claims. Subject to the rights and limitations set forth in this Agreement, every Settlement Class Member shall have the right to submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Claim Form pursuant to, and in compliance with, the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of the Settlement Class Member, Claim Forms may be submitted in paper via first class mail or online via the Settlement Website. Claim Forms must be postmarked or submitted online no later than the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will not be Valid Claims. 4.5.2 Claim Forms submitted in paper via first class mail must include in a single mailing any Proof of Purchase submitted in connection with the claim. Proof of Purchase that is not submitted in the same mailing as the Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, and to print a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Form, the Settlement Class Member must provide and certify the truth and accuracy of the following information under penalty of perjury, including by signing the Claim Form physically or by e- signature, or the claim will not be considered a Valid Claim by the Claim Administrator: (a) The Settlement Class Member’s name and mailing address; (b) The Settlement Class Member’s email address (unless the Settlement Class Member submits the Claim Form in paper via first class mail, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of the claimed purchases and, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Household.

Submission of Claims. Subject 8.1 In order to receive a share of the rights and limitations set forth in this AgreementNet Settlement Fund, every a Settlement Class Member shall have the right to must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Form, and that Claim Form pursuant to, and in compliance with, must be validated by the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of the Settlement Class Member, Claim Forms may be submitted in paper via first class mail or online via the Settlement WebsiteClaims Administrator. Claim Forms must be postmarked or submitted online received electronically no later than 90 calendar days after the Claims Administrator sends the Settlement Class Notice. Unless otherwise ordered by the Court or agreed upon by the Parties, any Claim Form that is postmarked or received electronically after the end of the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will not Period shall be Valid Claimsrejected. 4.5.2 8.2 The Claim Forms submitted in paper via first class mail must include in Form shall require Settlement Class Members to certify that their telephone number, the last four digits of which shall be pre-populated on the online Claim Form and the Postcard Notice tear off Claim Form, belongs to the Settlement Class Member and was used to communicate with Intoxalock during the Class Period. Each Settlement Class Member who submits an approved Claim Form shall receive a single mailing any Proof pro-rata share of Purchase submitted in connection with the claim. Proof Net Settlement Fund, subject to a per person cap of Purchase that is not submitted in $5,000.00 provided the same mailing as Authorized Claimant timely submits his/her TIN to the Claims Administrator, pursuant to the instructions on the Claim Form will and the Settlement Website. If an Authorized ▇▇▇▇▇▇▇▇’s pro rata share of the Net Settlement Fund is $600 or greater and the Claimant does not timely provide his/her TIN to the Claims Administrator, that Authorized Claimant’s Settlement Payment shall be considered by the Claim Administrator. For Claim Forms that are submitted onlinereduced to no more than $599.00. 8.3 To help prevent against fraudulent claims, the Class Member shall have the opportunity GUID link to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, and to print a page immediately after the Claim Form has been submitted showing contained in the information entered, the names of image files uploaded, Email Notice and the date and time QR code to the Claim Form was submittedcontained in the Postcard Notice will be unique for each Class Member. Settlement Class Members who submit an online Claim Form without clicking through the GUID link or scanning the QR code (i.e., by visiting the settlement website) will be required to provide a unique code, which shall appear on their Email Notice and Postcard Notice, and which shall also be pre-populated on the Postcard Notice tear off Claim Form. Settlement Class Members also may obtain their required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 4.5.3 On 8.4 The Claims Administrator will develop and post an online version of the Claim Form that may be “certified” and submitted electronically. If a Settlement Class Member fails to properly complete or electronically sign the Claim Form, they will be automatically notified that they need to complete that portion before they can submit the Claim Form. Upon completion of the electronic Claim Form, the Settlement Class Member must will be asked whether they want their Settlement Payment via Electronic Services or mailed check and to verify or provide such information as is reasonably necessary in order process the Settlement Payment accordingly. 8.5 The Claims Administrator will use adequate and certify customary procedures and standards to determine whether a Claim Form meets the truth requirements set forth in this Settlement Agreement, to prevent the payment of duplicate or fraudulent claims, and accuracy to pay only valid and eligible clams. Each Claim Form shall be submitted to, and reviewed by, the Claims Administrator, who shall determine if each claim shall be allowed. The Claims Administrator will use all reasonable efforts and means to pay only valid and eligible claims, and to prevent the payment of duplicative or fraudulent claims, including, without limitation, indexing all payments to be made to Settlement Class Members, and meeting and conferring with Class Counsel and Defense Counsel as necessary. 8.6 If any Settlement Class Member submits a deficient Claim Form, the Claims Administrator shall promptly provide a notice to that Settlement Class Member informing him or her of the following information under penalty deficiency and that he or she has 30 calendar days from the date of perjury, including by signing notice (which shall be the date the notice is sent) to cure the deficiency. A Claim Form is deficient if it deviates from the instructions embodied in the Claim Form physically or by e- signatureForm, or if it is submitted from two or more individuals asserting entitlement to payment arising from the claim will not be considered same telephone call. In the case of a Valid dispute between claimants (and prior to sending notice of deficiency), the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants) to determine whether a Claim by the Claim Administrator: (a) Form is valid. The Claims Administrator shall keep Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel apprised of invalid Claims and those that have been timely cured as well as any disputes that arise, which Settlement Class Member’s email address (unless Counsel and Defense Counsel shall work in good faith to resolve. If, after attempting in good faith to resolve a disputed claim counsel are unable to do so, either Party may bring the matter to the Court for resolution. If a deficiency is not timely cured, the Settlement Class Member submits who submitted the deficient Claim Form in paper via first class mail, in which case an email address is optional); (c) Which Covered Products were purchased during shall not receive any portion of the Class Period; (d) The number Net Settlement Fund but shall remain a member of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of whose rights and claims with respect to the claimed purchases andissues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Householdrights to pursue any claims covered by the Action shall be extinguished. 8.7 Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive a Settlement Payment under this Agreement. 8.8 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion per Section 10 shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. Subject to the rights and limitations set forth in this Agreement, every 8.1 For a Settlement Class Member shall have to be paid from the right to Net Settlement Fund, he or she must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Claim Form pursuant to, and in compliance with, the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Forms Form (Exhibit D) that may be “certified” and submitted in paper via first class mail electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or online via her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time shall be granted and shall promptly communicate that decision to the Settlement Class Member making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member submitting a Claim Form will be required to provide a unique code. The code will be provided on the Email Notice and/or Postcard Notice (Exhibits B and C, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or submitted online received electronically no later than 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement. This time period shall be referred to herein as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will Period shall not be Valid Claimsaccepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and shall promptly communicate that decision to the individual making the request. 4.5.2 8.6 If any Settlement Class Member timely submits a deficient Claim Forms submitted Form which deviates from the instructions embodied in paper via first class the Claim Form, the Claims Administrator shall promptly mail must include in a single mailing any Proof notice to that Settlement Class Member informing him or her of Purchase submitted in connection the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the claimdeficiency has been timely cured. Proof of Purchase that If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the same mailing as Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, valid unless either it is completed properly and to print matches a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Form, telephone number on the Settlement Class Member must provide and certify Contact List or if counsel for the truth and accuracy Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the following information discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under penalty of perjurythis Section, including the Claims Administrator will by signing email (if a valid email address is available) or by letter (if a valid email address is not available) so notify the person who submitted the Claim Form physically or by e- signature, or and will set forth the claim will not be considered a Valid Claim by reason(s) for its invalidity. The person who submitted the Claim Administrator: (aForm shall have a 20-calendar-day period beginning on the date on which the person was sent notification of the reason(s) for the invalidity to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Member’s email address Counsel and Defense Counsel thereafter shall promptly meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (unless which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class Member submits whose rights and claims with respect to the Claim Form issues raised in paper via first class mailthe Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of the claimed purchases and, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Household's rights to pursue any claims covered by the Action shall be extinguished.

Submission of Claims. Subject to the rights and limitations set forth in this Agreement, every 8.1 For a Settlement Class Member shall have to be paid from the right to Net Settlement Fund, he or she must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Claim Form pursuant to, and in compliance with, the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Forms Form (Exhibit D) that may be “certified” and submitted in paper via first class mail electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or online via her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time shall be granted and promptly shall communicate that decision to the Settlement Class Member making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member submitting a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or submitted online received electronically no later than 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will Period shall not be Valid Claimsaccepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under to this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 4.5.2 8.6 If any Settlement Class Member timely submits a deficient Claim Forms submitted Form which deviates from the instructions embodied in paper via first class the Claim Form, the Claims Administrator promptly shall mail must include in a single mailing any Proof notice to that Settlement Class Member informing him or her of Purchase submitted in connection the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the claimdeficiency has been timely cured. Proof of Purchase that If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the same mailing as Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member's rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files valid unless (e.g. jpg, tif, pdfa) prior to submitting the claim, either it is completed properly and to print matches a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Form, telephone number on the Settlement Class Member must provide and certify Contact List or (b) counsel for the truth and accuracy Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the following information discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under penalty of perjurythis Section, including the Claims Administrator will by signing letter (and by email if a valid email address is available) so notify the person who submitted the Claim Form physically or by e- signature, or and will set forth the claim will not be considered a Valid Claim by reason(s) for its invalidity. The person who submitted the Claim Administrator: (aForm shall have a 20- calendar-day period beginning on the date on which the person was sent notification of the reason(s) for the invalidity to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Member’s email address Counsel and Defense Counsel thereafter promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (unless which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class Member submits whose rights and claims with respect to the Claim Form issues raised in paper via first class mailthe Action are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Action. Thus, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of the claimed purchases and, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Household's rights to pursue any claims covered by the Action shall be extinguished.

Submission of Claims. Subject to the rights and limitations set forth in this Agreement, every 8.1 For a Settlement Class Member shall have to be paid from the right to Net Settlement Fund, he or she must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Claim Form pursuant to, and in compliance with, the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Forms Form (Exhibit D) that may be “certified” and submitted in paper via first class mail electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or online via her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time will be granted and promptly shall communicate the resulting decision to the Settlement Class Member who made the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member who submits a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or submitted online received electronically no later than 110 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will Period shall not be Valid Claimsaccepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 4.5.2 8.6 If any Settlement Class Member timely submits a deficient Claim Forms submitted Form which deviates from the instructions embodied in paper via first class the Claim Form, the Claims Administrator promptly shall mail must include in a single mailing any Proof notice to that Settlement Class Member informing him or her of Purchase submitted in connection the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the claimdeficiency has been timely cured. Proof of Purchase that If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the same mailing as Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files valid unless (e.g. jpg, tif, pdfa) prior to submitting the claim, either it is completed properly and to print matches a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Form, telephone number on the Settlement Class Member must provide and certify Contact List or (b) counsel for the truth and accuracy Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the following information discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under penalty of perjurythis Section, including the Claims Administrator will by signing letter (and by email if a valid email address is available) so notify the person who submitted the invalid Claim Form and will set forth the reason(s) for its invalidity. The person who submitted the Claim Form physically or by e- signature, or shall have a 20- calendar-day period (beginning on the claim will not be considered a Valid date on which the notification of the reason(s) for the invalidity was mailed to the person) to cure the invalid Claim by the Claim Administrator: (a) Form. The Claims Administrator shall notify Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In the event of a dispute between or among claimants, Settlement Class Member’s email address Counsel and Defense Counsel promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (unless which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class Member submits whose rights and claims with respect to the Claim Form issues raised in paper via first class mailthe Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of the claimed purchases and, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Householdrights to pursue any claims that were or are covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. Subject to 9.1 To receive a share of the rights and limitations set forth in this AgreementNet Settlement Fund, every a Settlement Class Member shall have the right to must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Form, and that Claim Form pursuant to, and in compliance with, must be validated by the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of the Settlement Class Member, Claim Forms may be submitted in paper via first class mail or online via the Settlement WebsiteClaims Administrator. Claim Forms must be postmarked or submitted online received electronically no later than 90 calendar days after the Claims Administrator sends the Settlement Class Notice. Unless otherwise ordered by the Court or agreed upon by the Parties, any Claim Filing Deadline. Claim Forms Form that is postmarked or submitted online received electronically after the end of the Claims Period shall be rejected. Notwithstanding the requirement in section 9.1 above that date Class Members must submit a claim form to receive a monetary distribution, Active Subscribers will not receive two (2) months free service, to be Valid Claimsapplied to their current Fight Pass subscription, without needing to submit a claim. Otherwise, all Class Members must submit a claim form. 4.5.2 9.2 The Claim Forms submitted in paper via first class mail must include in Form shall require Settlement Class Members to certify that they are either a single mailing any Proof current or former Fight Pass subscriber and the Settlement Class Member was unaware Fight Pass was a subscription service billed periodically and/or that they were unaware of Purchase submitted in connection with the claim. Proof cancellation policy for their Fight Pass subscription. 9.3 To help prevent against fraudulent claims, each Settlement Class Member submitting a Claim Form will also be required to provide a unique code, which appears on their Email Notice or Postcard Notice. 9.4 The Claims Administrator will develop and post an online version of Purchase that is not submitted in the same mailing as the Claim Form will not that may be considered by “certified” and submitted electronically. If a Settlement Class Member fails to properly complete or electronically sign the Claim Administrator. For Claim Forms Form, they will be automatically notified that are submitted online, the Class Member shall have the opportunity they need to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, and to print a page immediately after complete that portion before they can submit the Claim Form has been submitted showing Form. Upon completion of the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the electronic Claim Form, the Settlement Class Member must will be asked whether they want their Settlement Payment via Electronic Services or mailed check and to verify or provide such information as is reasonably necessary in order process the Settlement Payment accordingly. 9.5 The Claims Administrator will use adequate and certify customary procedures and standards to determine whether a Claim Form meets the truth requirements set forth in this Settlement Agreement, to prevent the payment of duplicate or fraudulent claims, and accuracy to pay only valid and eligible clams. Each Claim Form shall be submitted to, and reviewed by, the Claims Administrator, who shall determine if each claim shall be allowed. The Claims Administrator will use all reasonable efforts and means to pay only valid and eligible claims, and to prevent the payment of duplicative or fraudulent claims, including, without limitation, indexing all payments to be made to Settlement Class Members, and meeting and conferring with Class Counsel and Defendants’ counsel as necessary. 9.6 If any Settlement Class Member submits a deficient Claim Form, the Claims Administrator shall promptly provide a notice to that Settlement Class Member informing him or her of the following information under penalty deficiency and that he or she has 14 calendar days from the date of perjurynotice (which shall be the date the notice is sent) to cure the deficiency. In the case of a dispute between claimants (and prior to sending notice of deficiency), including by signing the Claims Administrator shall make a reasonable investigation of the discrepancy (which may include contacting the claimants) to determine whether a Claim Form physically or by e- signature, or the claim will not be considered a Valid Claim by the Claim Administrator: (a) is valid. The Claims Administrator shall keep Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel apprised of invalid Claims and those that have been timely cured as well as any disputes that arise, which Settlement Class Member’s email address (unless Counsel and Defense Counsel shall work in good faith to resolve. The Claims Administrator shall have the authority to make a final and binding resolution to determine whether a deficiency has been timely cured or resolve any dispute between claimants, which may include a split of the payment between the two claimants. If a deficiency is not timely cured, the Settlement Class Member submits who submitted the deficient Claim Form in paper via first class mail, in which case an email address is optional); (c) Which Covered Products were purchased during shall not receive any portion of the Class Period; (d) The number Net Settlement Fund but shall remain a member of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of whose rights and claims with respect to the claimed purchases andissues raised in the Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Householdrights to pursue any claims covered by the Action shall be extinguished. 9.7 Unless the Parties otherwise agree or the Court directs, and only as directed in this Agreement will persons receive a Settlement Payment. 9.8 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion per Section 11 shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. Subject to the rights and limitations set forth in this Agreement, every 7.1 For a Settlement Class Member to be compensated from the Cash Settlement Fund, he or she must complete and timely submit a valid Claim Form-Cash along with proof demonstrating that he or she used a credit or debit card at a Covered Park during the applicable park location class period. Acceptable forms of proof are park credit or debit card receipts, credit card statements, or bank statements showing debit card transactions. Claim Forms- Cash may be subject to validation by the Claims Administrator as provided in Section 7.6 below. A Claim Form-Cash shall have be deemed deficient by the right Claims Administrator if it is not fully completed (including the required proof of purchase) and signed, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 7.5 below. 7.2 Settlement Class Members not entitled to an Automatic Voucher must complete and timely submit a Claim Form-Voucher certifying that he or she used a credit or debit card at a Covered Park during that park’s applicable class period to receive a $13.00 voucher. Claim Forms-Voucher may be subject to validation by the Claims Administrator as provided in Section 7.6 below. The Claim Form-Voucher shall be deemed deficient by the Claims Administrator if it is not fully completed and signed, and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 7.5 below. 7.3 The Claims Administrator will develop and post an online version of each Claim Form (Cash and Voucher) that may be “certified” and submitted electronically. 7.4 Claim Forms (Cash and Voucher) must be postmarked or received electronically no later than 120 days after entry of the Court’s order preliminarily approving the settlement. This time period shall be referred to herein as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Period shall not be accepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted pursuant to this Section 7; provided however, that if an individual requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Settlement Class Counsel and Defense Counsel, following which the Claims Administrator shall make the final decision if the request for Settlement Benefits. A claim additional time shall be granted and shall promptly communicate that decision to the individual making the request. 7.5 If any Class Member timely submits a Valid Claim only if submitted on the deficient Claim Form pursuant to, and (Cash or Voucher) which deviates from the instructions embodied in compliance withthe applicable claim form, the procedures set forth herein. Submission of Claims Administrator shall promptly mail a claim, regardless of whether it is determined notice to be a Valid Claim, shall confer no rights that Class Member informing him or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election her of the Settlement Class Member, Claim Forms may deficiency and that he or she has 20 calendar days from the date of the notice (which shall be submitted in paper via first class mail or online via the Settlement Websitedate the deficiency notice is mailed) to cure the deficiency (“Deficiency Cure Period”). Claim Forms must be postmarked or submitted online no later than The Claims Administrator shall make a final and binding resolution with regard to whether the Claim Filing Deadlinedeficiency has been timely cured. Claim Forms postmarked or submitted online after that date will not be Valid Claims. 4.5.2 Claim Forms submitted in paper via first class mail must include in a single mailing any Proof of Purchase submitted in connection with If the claim. Proof of Purchase that deficiency is not submitted in the same mailing as the Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, and to print a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Formtimely cured, the Settlement Class Member must provide and certify who submitted the truth and accuracy deficient claim form shall not receive any portion of the following information under penalty Cash Settlement Fund or a $13.00 voucher but shall remain a member of perjurythe Settlement Class whose rights and claims with respect to the issues raised in the Actions are determined by the Court's Final Approval Order and Judgment and by the other rulings in the Actions. Thus, including that Settlement Class Member's rights to pursue any claims covered by signing the Actions shall be extinguished. 7.6 If a Claim Form-Cash is submitted from two or more individuals asserting entitlement to payment arising from the same transaction, the Claims Administrator shall make a reasonable investigation (which may include contacting the claimants, Defendants and/or counsel for the Parties) of the discrepancy to determine whether any or all of such submitted claim forms are valid. In case of a dispute between claimants, Settlement Class Counsel and Defense Counsel shall promptly meet and confer to determine if there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (which may include contacting the claimants, Defendants and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. 7.7 Any Claim Form physically (Cash or by e- signature, or the claim will not be considered a Valid Claim Voucher) that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 7.8 Any Settlement Class Member who fails to submit a valid and timely Claim Administrator: Form (aCash or Voucher) The or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Actions will be finally adjudicated by the Court’s order approving the settlement and the Final Approval Order and Judgment. That Settlement Class Member’s name and mailing address; (b) The Settlement Class Member’s email address (unless rights to pursue recovery from the Settlement Class Member submits the Claim Form in paper via first class mail, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual settlement or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of the claimed purchases and, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Householdotherwise will be extinguished.

Submission of Claims. Subject to the rights and limitations set forth in this Agreement, every 8.1 For a Settlement Class Member shall have to be paid from the right to Net Settlement Fund, he or she must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Claim Form pursuant to, and in compliance with, the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of certifying the Settlement Class Member’s entitlement to make a claim. The Claim Form shall be deemed deficient by the Claims Administrator if it is not fully completed and signed and, accordingly, will be rejected upon receipt subject to the ability to cure the deficiency as described in Section 8.6 below. 8.2 The Claims Administrator will develop and post an online version of the Claim Forms Form (Exhibit D) that may be “certified” and submitted in paper via first class mail electronically. 8.3 An individual Settlement Class Member may contact the Claims Administrator before submitting a Claim Form to ask how many qualifying calls are shown for him or online via her on the Settlement Class Member Contact List. A Settlement Class Member may dispute the number of telephone calls associated with his or her telephone number or numbers by contacting the Claims Administrator to submit a dispute. Detailed instructions on how to submit a dispute regarding the number of qualifying calls will be provided on the Settlement Website, including in the long-form Settlement Class Notice (Exhibit C). The Claims Administrator may require individual Settlement Class Members to provide proof of their telephone calls to or from Defendant during the Class Period. All disputes must be submitted by the deadline to submit a claim; provided, however, that if an individual requests an extension of time to submit a dispute, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant and decide whether the request for additional time shall be granted and promptly shall communicate that decision to the Settlement Class Member making the request. The Claims Administrator shall make a final and binding resolution of any disputes submitted under this Section 8.3. 8.4 Each Settlement Class Member submitting a Claim Form will be required to provide a unique code. The code will be provided on the Postcard Notice and the Email Notice (Exhibits A and B, respectively). Settlement Class Members also may obtain the required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 8.5 In order to receive a share of the Net Settlement Fund, a Settlement Class Member must complete and timely submit a Claim Form, and that Claim Form must be validated by the Claims Administrator as provided in Section 8.7 below. Claim Forms must be postmarked or submitted online received electronically no later than 100 days after entry of the Court’s order preliminarily approving the Class Action Settlement. That time period shall be referred to as the “Claim Period.” Unless otherwise ordered by the Court or agreed upon by the Parties, any completed Claim Form that is received by the Claims Administrator and postmarked or received electronically after the end of the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will Period shall not be Valid Claimsaccepted and processed. The Claims Administrator shall make a final and binding resolution of any disputes submitted under to this Section 8; provided however, that if a Settlement Class Member requests an extension of time to submit a claim form, the Claims Administrator shall review that request with Class Counsel and Counsel for Defendant, following which the Claims Administrator shall make the final decision whether the request for additional time shall be granted and promptly shall communicate that decision to the individual making the request. 4.5.2 8.6 If any Settlement Class Member timely submits a deficient Claim Forms submitted Form which deviates from the instructions embodied in paper via first class the Claim Form, the Claims Administrator promptly shall mail must include in a single mailing any Proof notice to that Settlement Class Member informing him or her of Purchase submitted in connection the deficiency and that he or she has 20 calendar days from the date of the notice (which shall be the date the notice is mailed) to cure the deficiency. The Claims Administrator shall make a final and binding resolution with regard to whether the claimdeficiency has been timely cured. Proof of Purchase that If the deficiency is not timely cured, the Settlement Class Member who submitted the deficient Claim Form shall not receive any portion of the Net Settlement Fund but shall remain a member of the Settlement Class whose rights and claims with respect to the issues raised in the same mailing as Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, that Settlement Class Member’s rights to pursue any claims covered by the Action shall be extinguished. 8.7 The Claims Administrator will determine the validity of each Claim Form by comparing the name and telephone number on the Claim Form against the names and telephone numbers on the Settlement Class Member Contact List, or by taking other reasonable steps approved by Settlement Class Counsel and Defense Counsel to determine whether the claim is valid. A Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files valid unless (e.g. jpg, tif, pdfa) prior to submitting the claim, either it is completed properly and to print matches a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Form, telephone number on the Settlement Class Member must provide and certify Contact List or (b) counsel for the truth and accuracy Parties otherwise agree to accept the claim as valid. If a Claim Form is submitted from two or more 19 FA individuals asserting entitlement to payment arising from the same telephone call, the Claims Administrator shall make a reasonable investigation of the following information discrepancy (which may include contacting the claimants, Defendant and/or counsel for the Parties) to determine whether any or all of those submitted Claim Forms are valid. If the Claims Administrator receives any Claim Form that is invalid under penalty of perjurythis Section, including the Claims Administrator will by signing letter (and by email if a valid email address is available) so notify the person who submitted the Claim Form physically or by e- signature, or and will set forth the claim will not be considered a Valid Claim by reason(s) for its invalidity. The person who submitted the Claim Administrator: (aForm shall have a 20-calendar- day period beginning on the date on which the person was sent notification of the reason(s) for the invalidity to cure the invalid Claim Form. The Claims Administrator shall notify Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel whether the person who submitted the invalid Claim Form has, in its determination, timely cured the invalidity. In case of a dispute between claimants, Settlement Class Member’s email address Counsel and Defense Counsel thereafter promptly shall meet and confer to determine whether there is any reasonable means to resolve the dispute. If the Parties cannot resolve the dispute using reasonable efforts (unless which may include contacting the claimants, Defendant and/or counsel for the Parties), the Claims Administrator shall make a final and binding resolution of the dispute, which may include a split of the payment between two claimants. If an invalidity is not timely cured, the person who submitted the invalid Claim Form shall not receive any portion of the Net Settlement Fund but shall, if he or she was a member of the Settlement Class, remain a member of the Settlement Class Member submits whose rights and claims with respect to the Claim Form issues raised in paper via first class mailthe Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Action. Thus, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of the claimed purchases and, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Householdrights to pursue any claims covered by the Action shall be extinguished. 8.8 Settlement Class Members who submit timely and valid Claim Forms, as well as Settlement Class Members who timely cure their invalid or deficient Claim Forms, will be referred to as “Authorized Claimants.” Unless the Parties otherwise agree or the Court otherwise directs, only Authorized Claimants will receive settlement payments under this Agreement. 8.9 Any Claim Form that has been approved by the Claims Administrator shall be deemed valid and the Settlement Class Member shall be deemed an Authorized Claimant. 8.10 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Action will be finally adjudicated by the Court’s order approving the Class Action Settlement, the Final Approval Order and Judgment, and any other relevant rulings in the Action. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.

Submission of Claims. Subject 5.4.1 Settlement Class Members may submit electronically verified Claim Forms and any documentation to the rights and limitations set forth in this Agreement, every Settlement Class Member shall have Administrator through the right to submit a claim for Settlement Benefits. A claim shall be a Valid Website or may download Claim only if submitted on the Claim Form pursuant to, and in compliance with, the procedures set forth herein. Submission of a claim, regardless of whether it is determined Forms to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of filled out and submitted physically with documentation by mail to the Settlement Class Member, Claim Forms may be submitted in paper via first class mail or online via the Settlement WebsiteAdministrator. Claim Forms must be submitted electronically or postmarked during the Claims Period and on or submitted online no later than before the Claim Filing Claims Deadline. Claim Forms postmarked or submitted online after that date will not be Valid Claims. 4.5.2 5.4.2 The Settlement Administrator will review Claim Forms submitted in paper via first class mail must include in a single mailing any Proof of Purchase submitted in connection with the claim. Proof of Purchase that is not submitted in the same mailing as the Claim Form will not be considered by the Claim Administrator. For Claim Forms that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, and to print a page immediately after the Claim Form has been submitted showing the information entered, the names of image files uploaded, and the date and time the Claim Form was submitted. 4.5.3 On the Claim Form, the Settlement Class Member must provide and certify the truth and accuracy of the following information under penalty of perjury, including by signing the Claim Form physically or by e- signature, or the claim will not be considered a Valid Claim by the Claim Administrator:Members to determine whether they are eligible for settlement payment. (a) The Settlement Administrator shall evaluate Claims for Out-of- Pocket Losses and determine whether the Claims are valid and plausibly traceable to the Security Incident. Out-of-Pocket Losses shall be deemed plausibly traceable to the Security Incident if (i) they were incurred on or after May 5, 2014, through the date of the Settlement Class Member’s name Claim submission; (ii) the Settlement Class Member certifies that they incurred such Out-of- Pocket Losses as a result of the Security Incident; and mailing address;(iii) the Settlement Class Member has Reasonable Documentation to support the Claims. (b) The If the Settlement Administrator rejects a Settlement Class Member’s email address (unless claims for Out-of-Pocket Losses, the Settlement Class Member submits the Claim Form in paper via first class mailshall automatically qualify for a Default Settlement Payment, in which case an email address is optional); (c) Which Covered Products were purchased during the Class Period; (d) The number of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether Settlement Administrator shall automatically determine whether the Settlement Class Member is submitting Proof eligible for a Default Settlement Payment. 5.4.3 The Settlement Administrator shall reject any Claim Forms that are incomplete, inaccurate, or not timely received, and is not required to, but may first request additional information. To the extent the Settlement Administrator determines a Claim for Out-of- Pocket Losses is deficient, within ten (10) days of Purchase for any of the claimed purchases and, if somaking such a determination, the number of Covered Products for which Settlement Administrator shall notify the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither deficiencies and give the Settlement Class Member nor any person in his or her Household has previously received a refund for thirty (30) days to cure the claimed purchases, with deficiencies. The Settlement Administrator shall have the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether sole discretion and authority to determine whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for has cured the claimed purchases and, if so, the total amount of Recall Reimbursement received deficient Claim. 5.4.4 Information submitted by any person in that Settlement Class Member’s HouseholdMembers pursuant Section IV - Settlement Benefits of this Settlement Agreement shall be deemed confidential and protected as such by the Settling Parties and the Settlement Administrator.

Submission of Claims. Subject 8.1 In order to receive a share of the rights and limitations set forth in this AgreementNet Settlement Fund, every a Settlement Class Member shall have the right to must complete and timely submit a claim for Settlement Benefits. A claim shall be a Valid Claim only if submitted on the Form, and that Claim Form pursuant to, and in compliance with, must be validated by the procedures set forth herein. Submission of a claim, regardless of whether it is determined to be a Valid Claim, shall confer no rights or obligations on any Party, any Settlement Class Member, or any other Person, except as expressly provided herein. 4.5.1 At the election of the Settlement Class Member, Claim Forms may be submitted in paper via first class mail or online via the Settlement WebsiteClaims Administrator. Claim Forms must be postmarked or submitted online received electronically no later than 90 calendar days after the Claim Filing Deadline. Claim Forms postmarked or submitted online after that date will not be Valid Claims. 4.5.2 Claim Forms submitted in paper via first class mail must include in a single mailing any Proof of Purchase submitted in connection with the claim. Proof of Purchase that is not submitted in the same mailing as Notice Deadline (i.e., the Claim Form will not be considered Deadline). Unless otherwise ordered by the Court or agreed upon by the Parties, any Claim Administrator. For Claim Forms Form that are submitted online, the Class Member shall have the opportunity to upload Proof of Purchase image files (e.g. jpg, tif, pdf) prior to submitting the claim, and to print a page immediately is postmarked or received electronically after the Claim Form has been submitted showing the information enteredDeadline shall be rejected. 8.2 To help protect against fraudulent claims, the names of image files uploaded, and the date and time QR code to the Claim Form was submittedcontained in the Postcard Notice will be unique for each Class Member. Settlement Class Members who submit an online Claim Form without using the QR code (i.e., by visiting the settlement website) will be required to provide a unique code, which shall appear on their Postcard Notice, and which shall also be pre-populated on the Postcard Notice tear off Claim Form. Settlement Class Members also may obtain their required code by contacting the Claims Administrator by telephone or email, as described in the notices and as posted on the Settlement Website. 4.5.3 On 8.3 The Claims Administrator will develop and post an online version of the Claim Form that may be certified and submitted electronically. If a Settlement Class Member fails to properly complete or electronically sign the Claim Form, they will be automatically notified that they need to complete or electronically sign the Claim Form for the Claim Form to be submitted. Upon completion of the electronic Claim Form, the Settlement Class Member must will be asked to elect to receive their Settlement Payment via Electronic Services or mailed check, and to verify or provide such information as is reasonably necessary to process the Settlement Payment accordingly. 8.4 The Claims Administrator will use adequate and certify customary procedures and standards to determine whether a Claim Form meets the truth requirements set forth in this Settlement Agreement, to prevent the payment of duplicate or fraudulent claims, and accuracy to pay only valid and eligible claims. Each Claim Form shall be submitted to, and reviewed by, the Claims Administrator, who shall determine if each claim shall be allowed. The Claims Administrator will use all reasonable efforts and means to pay only valid and eligible claims, and to prevent the payment of duplicative or fraudulent claims, including, without limitation, indexing all payments to be made to Settlement Class Members, and meeting and conferring with Class Counsel and Defense Counsel as necessary. 8.5 Claim Forms that do not meet the terms and conditions of this Settlement shall be promptly rejected by the Settlement Administrator and the Settlement Administrator shall advise the Claimant or Settlement Class Member of the following information under penalty of perjury, including by signing reason(s) why the Claim Form physically was rejected. If any Settlement Class Member submits a deficient Claim Form, the Claims Administrator shall promptly provide a notice to that Settlement Class Member informing him or by e- signature, her of the deficiency and that he or she has 15 calendar days to cure the claim will not be considered a Valid deficiency. A Claim by Form is deficient if it deviates from the instructions embodied in the Claim Administrator: (a) Form. The Claims Administrator shall keep Settlement Class Member’s name Counsel and mailing address; (b) The Defense Counsel apprised of invalid Claims and those that have been timely cured, as well as any disputes that arise, which Settlement Class Member’s email address (unless Counsel and Defense Counsel shall work in good faith to resolve. If, after attempting in good faith to resolve a disputed claim and counsel are unable to do so, either Party may bring the matter to the Court for resolution. If a deficiency is not timely cured, the Settlement Class Member submits who submitted the deficient Claim Form in paper via first class mail, in which case an email address is optional); (c) Which Covered Products were purchased during shall not receive any portion of the Class Period; (d) The number Net Settlement Fund but shall remain a member of Covered Products purchased during the Class Period and the actual or approximate date(s) of purchase; (e) Whether the Settlement Class Member is submitting Proof of Purchase for any of whose rights and claims with respect to the claimed purchases andissues raised in the Consolidated Action are determined by the Court’s Final Approval Order and Judgment and by the other rulings in the Consolidated Action. Thus, if so, the number of Covered Products for which the Settlement Class Member is submitting Proof of Purchase; (f) That the claimed purchases were not made for purposes of resale; (g) That neither the Settlement Class Member nor any person in his or her Household has previously received a refund for the claimed purchases, with the exception of any Recall Reimbursement provided by Defendant in connection with the Recall; and (h) Whether the Settlement Class Member or any person in his or her Household received any Recall Reimbursement from Defendant for the claimed purchases and, if so, the total amount of Recall Reimbursement received by any person in that Settlement Class Member’s Householdrights to pursue any claims covered by the Consolidated Action shall be extinguished. 8.6 Unless the Parties otherwise agree or the Court directs, only Authorized Claimants will receive a Settlement Payment under this Agreement. 8.7 Any Settlement Class Member who fails to submit a timely and valid Claim Form or fails to submit in writing a timely request for exclusion per Section 10 shall automatically be deemed a Settlement Class Member whose rights and claims with respect to the issues raised in the Consolidated Action will be finally adjudicated by the Final Approval Order and Judgment. That Settlement Class Member’s rights to pursue recovery from the Net Settlement Fund or otherwise will be extinguished.