(a) Class Members who elect to return their Applicable Record(s) in their original covers and/or boxes, in complete and undamaged condition except for normal wear Case 2:22-cv-01081-JLR Document 28 Filed 02/02/23 Page 16 of 70 14 and tear, shall receive a refund of their actual purchase price (not to exceed 110% of the manufacturer’s suggested retail list price at the time of purchase (“MSRLP”)), plus tax and shipping, in the form of a check or electronic payment (e.g., PayPal, Venmo, etc.) (the “Return Refund). For each Applicable Record purchased online directly from either Defendant MoFi’s “mofi.com” website, or Defendant Music Direct’s “musicdirect.com” website, the Class Member’s actual purchase price will be used in calculating the amount of their Return Refund. For each Applicable Record purchased from retail merchants other than Defendants, the Class Member’s actual purchase price not to exceed 110% of the MSLRP at time of purchase will be used in calculating the amount of their Return Refund. A list of MSLRPs by date shall be posted on the Settlement Website.
(b) Class Members who elect to keep their Applicable Record(s), shall have the option of receiving, either (i) payment of five percent (5%) of the actual purchase price (not to exceed 110% of the MSRLP), in the form of a check or electronic payment (e.g., PayPal, Venmo, etc.) (the “5% Payment”), or (ii) a coupon in the amount of ten percent (10%) of the actual purchase price (not to exceed 110% of the MSRLP), redeemable for retail purchase use at Defendant Music Direct’s “musicdirect.com” retail website (the “10% Coupon” or “Coupon”) (with the Return Refund, 5% Payment, and 10% Coupon being hereinafter individually and collectively referred to as the “Settlement Payment”).
(c) Each Coupon will contain a code that may be used to redeem its full value for one or more retail purchases by the Class Member. Each coupon, including any unused amounts will expire one hundred and eighty (180) days after issuance (the “Redemption Period”) and shall not be transferable. Coupons may be redeemed in combination on one or more purchases. Any unused amounts will be placed on account for use during the Redemption Period Case 2:22-cv-01081-JLR Document 28 Filed 02/02/23 Page 17 of 70 15 by the Class Member. All MoFi products currently in stock and available for sale shall be available for Coupon redemption along with any and all other products offered for sale at “musicdirect.com.”
(d) Class Members shall be entitled to designate their preference of a Return Refund, 5% Payment, or 10% Coupon Settlement Payment for each individual Applicable Record on their Claim Form.
