Shutterfly Promo Settlement Notice

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

Attention All Persons Who Purchased a Shutterfly General Spend Groupon

Between June 1, 2015 and April 30, 2018 that Was Not Redeemed, and/or Redeemed

a Shutterfly General Spend Groupon Purchased During that Period

This notice may affect your rights. Please read it carefully.

A court has authorized this notice. This is not a solicitation from a lawyer.

• The notice concerns a case called Taylor 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; and/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

Groupon.com, 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 Groupons

that were never redeemed, for

each Groupon that was not redeemed, an automatic Shipping Code for free shipping on a future

purchase from Shutterfly.com 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,

for each Groupon that was redeemed an

automatic Shipping Code for free shipping on a future purchase from Shutterfly.com and a

Promotional Code worth 20%

of the original Promotional Value of the Shutterfly General Spend

Groupon. Class Members who redeemed one or more Shutterfly General Spend Groupons and

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

who do not want the Shipping Code and Promotional Code can instead obtain a Cash Refund

equal to 10% of the Promotional Value of each redeemed Groupon, plus 50% of the amount the

Class Member paid Shutterfly for shipping in connection with the order(s) in which the

Groupon(s) were 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 www.shutterflypromosettlement.com, or

contact the Shutterfly Claim Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103 or by

telephone at 1-833-411-1404.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO

INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT

DEADLINE

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.

• Fairness Hearing

On December 2, 2021, at 9:00 a.m., the Court will hold a hearing to determine: (1) whether the

proposed Settlement should be approved as fair, reasonable, and adequate and should receive final

approval; (2) whether Class Counsel’s Application for Attorneys’ Fees and Expenses should be

granted; and (3) whether the application for the Class Representative Incentive Award should be

granted. The hearing will be held in the United States District Court of the Northern District of

California, before the Honorable Beth Labson Freeman, 280 South 1st Street, San Jose, CA 95113,

in courtroom 3 on the Fifth Floor, or such other judge assigned by the Court. This hearing date

may change without further notice to you. Consult the Settlement Website at

www.shutterflypromosettlement.com, or the Court docket in this case available through Public

Access to Court Electronic Records (“PACER”) (http://www.pacer.gov), for updated information

on the hearing date and time.

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

Important Dates

November 9, 2021

Claims Deadline

November 9, 2021

Objection Deadline

November 9, 2021

Opt-Out Deadline

December 2, 2021

Fairness Hearing

Table of Contents

1. How Do I Know If I Am Affected By The Settlement? ................................................................. 1

2. What Is The Lawsuit About? .......................................................................................................... 1

3. Why Is There A Lawsuit? ............................................................................................................... 1

4. Why Is This Case Being Settled?.................................................................................................... 1

5. What Can I Get In The Settlement? ................................................................................................ 2

6. How Do I Make A Claim? .............................................................................................................. 3

7. When Do I Get My Benefits? ......................................................................................................... 3

8. What Do Plaintiffs And Their Lawyers Get? ................................................................................. 3

9. What Happens If I Do Not Opt-Out From The Settlement? ........................................................... 4

10. How Do I Opt-Out From The Settlement? ..................................................................................... 5

11. How Do I Object To The Settlement? ............................................................................................ 5

12. When Will The Court Decide If The Settlement Is Approved? ...................................................... 6

13. How Do I Get More Information? .................................................................................................. 7

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

How Do I Know If I Am Affected By The Settlement?

If you are a United States resident who, any time between June 1, 2015 to April 30, 2018, (i)

purchased a Shutterfly General Spend Groupon that was never redeemed; and/or, (ii) redeemed a

Shutterfly General Spend Groupon that was purchased during that period.

This lawsuit is a class action. A class action is a lawsuit in which the claims and rights of many

people are decided in a single court proceeding. One or more people—sometimes called “class

representatives”—sue on behalf of people who have similar claims. All of the people who have similar

claims form a “class” and are “class members.” A settlement in a class action—if approved by the Court

as fair, reasonable, and adequate—resolves the claims for all class members, except those who choose to

exclude themselves from the class.

What Is The Lawsuit About?

A lawsuit was brought by Plaintiff relating to Defendant’s advertising of deals on Groupon.com.

These deals were sold for a price paid (“Paid Value”) which could be redeemed at a greater dollar value

(“Promotional Value”) towards a purchase at Shutterfly 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.

The 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 only be used toward full

priced items and could not be combined with any other discounts offered on the Shutterfly website,

including product discounts and free shipping. Plaintiff contends that Defendant’s conduct is deceptive

and unlawful.

Defendant denies that there is any factual or legal basis for Plaintiff’s allegations. Defendant denies

making any misrepresentations and, therefore denies any liability. In the lawsuit, Defendant has asserted

defenses to the claims raised by Plaintiff on behalf of the Class. The Court has not determined whether

Plaintiff or Defendant is correct. If the Settlement does not become effective (for example, because it is

not finally approved, or the approval is reversed on appeal), then this litigation will continue.

Why Is There A Lawsuit?

Defendant denies that there is any legal entitlement to a refund or any other monetary relief.

Plaintiff contends that the Defendant engaged in a scheme to mislead consumers about the Shutterfly

General Spend Groupons and how they could be redeemed on the Shutterfly website. Among other things,

the lawsuit seeks to recover, on behalf of all Class Members, money damages as a result of the alleged

misrepresentations.

Why Is This Case Being Settled?

The Court has not decided in favor of either side in the lawsuit. Neither Plaintiff nor Defendant

has won or lost.

Instead, Class Counsel have investigated the facts and applicable law concerning the Plaintiff’s

and Class’s claims and Defendant’s defenses and determined that the proposed settlement is in the best

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

interests of the Class. Plaintiff filed her original lawsuit on December 12, 2017 in Santa Clara County

Superior Court on behalf of herself and a proposed class of other persons who, between December 8, 2013

and the present, purchased in the United States a Shutterfly General Spend Groupon. Defendant removed

the lawsuit to the United States District Court of the Northern District of California on January 11, 2018.

Defendant asked the Court to compel the Plaintiff to arbitrate her claims individually, rather than

proceeding in Court on behalf of a Class. Plaintiff opposed the motion by arguing that the arbitration

provision was unenforceable. The Court granted Defendant’s motion to compel arbitration, ruling that the

issue of enforceability was for the arbitrator to decide, and stayed the Litigation pending that decision.

Plaintiff initiated arbitration. Plaintiff then successfully argued that the arbitrator should refuse to hear the

arbitration because the agreement was unenforceable. The Court confirmed the arbitrator’s decision and

allowed the lawsuit to proceed. Defendant then moved to strike Plaintiff’s class allegations or deny

certification of the Class. The Court denied that motion.

Class Counsel has conducted a thorough examination and investigation into the facts and law at

issue. The parties participated in a mediation session with the Honorable Richard Kramer, retired San

Francisco Superior Court judge.

Counsel for both Plaintiffs and Defendant have determined that there is significant risk to both

sides in continuing the litigation. For example, Class Counsel has concluded that there may be substantial

difficulties establishing that statements or alleged omissions in Defendant’s materials were likely to

deceive reasonable consumers and the amount of damages or restitution due to the Class or to any Class

Member. And both sides want to avoid the uncertainty, delay, and expense of continuing to litigate.

The Parties have engaged in mediation and several rounds of settlement discussions. After

considering the risks and costs of further litigation, the Parties have concluded that it is desirable that the

Plaintiff’s claims be settled and dismissed on the terms of the Settlement Agreement.

Plaintiff and Class Counsel have concluded that the terms and conditions of the Settlement are fair,

reasonable, adequate, and equitable, and that the Settlement is in the best interest of the Class Members.

The Settlement allows Class Members to obtain a Shipping Code for free shipping on a future order from

the Shutterfly Website and a Promotional Code redeemable towards the purchase price on a future order

from the Shutterfly Website automatically, without having to submit a claim. Alternatively, Class

Members who redeemed Shutterfly General Spend Deals can instead choose to submit a Claim to receive

a Cash Refund equal to 10% of the Promotional Value of the Groupon redeemed, plus 50% of the amount

the Class Member paid Shutterfly for shipping in connection with the order in which the Groupon was

redeemed.

What Can I Get In The Settlement?

If you purchased one or more Shutterfly General Spend Groupons that were never redeemed, you

will automatically receive, without having to submit a Claim, for each unredeemed Groupon, a Shipping

Code for free shipping on a future order from the Shutterfly Website and a Promotional Code worth 110%

of the Promotional Value of the Groupon purchased. The Promotional Code is redeemable towards the

purchase price of a future order from the Shutterfly Website. The 18-digital code associated with the

Shutterfly General Spend Groupon you purchased will no longer be valid.

If you redeemed one or more Shutterfly General Spend Groupons, you will automatically receive,

without having to submit a Claim, for each redeemed Groupon, a Shipping Code for free shipping on a

future order from the Shutterfly Website and a Promotional Code worth 20% of the Promotional Value of

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

the Groupon you redeemed. The Promotional Code is redeemable towards the purchase price of a future

order from the Shutterfly Website. If you redeemed one or more Shutterfly General Spend Groupons, and

you do not want a Shipping Code and Promotional Code, you can instead file a claim. If you timely submit

a Valid Claim form, you will receive a Cash Refund equal to 10% of the Promotional Value of each

Groupon you redeemed, plus 50% of the amount you paid for shipping in connection with the order(s) in

which the Groupon(s) were redeemed. Claims will be paid only if deemed valid and only after the Court

approves the Settlement.

The Settlement also requires Defendant to clarify that future purchasers of any Shutterfly

General Spend Deals will receive a promotional code that cannot be used with any other Shutterfly

promotional code or free shipping code on the same order to obtain additional discounts.

How Do I Make A Claim?

To make a Claim for a Cash Refund, you must fill out the Claim Form available on this Settlement

Website, www.shutterflypromosettlement.com. You can submit the Claim Form online, or you can print

it and mail it to the Shutterfly Claim Administrator at 1650 Arch Street, Suite 2210, Philadelphia, PA

19103. Claim Forms must be submitted online or postmarked on or before 11:59 p.m. Pacific Time on

November 9, 2021 by the Claim Administrator.

Please note that a Claim Form that is not properly filled out and signed or that is not submitted or

postmarked by the deadline or is determined to be fraudulent will be invalid and disregarded by the Claim

Administrator.

When Do I Get My Benefits?

Timely submitting a Claim Form does not provide a guaranteed benefit. A Final Approval Hearing

is scheduled for December 2, 2021. If the Court approves the Settlement and there are no appeals, then

the Shipping Codes, Promotional Codes, and Cash Refunds will be distributed approximately 35 days

after the Settlement is no longer subject to appeal or review, unless otherwise ordered by the Court. If the

Court does not approve the Settlement, or if the Settlement is overturned on appeal, no Shipping Code,

Promotional Codes, or Cash Refunds will be issued.

What Do Plaintiffs And Their Lawyers Get?

To date, Class Counsel has not been compensated for any of their work on this case. As part of the

Settlement, Class Counsel may apply to the Court to award them an amount not to exceed $350,000 from

Defendant to pay their Attorneys’ Fees and Expenses.. An award to Class Counsel does not reduce the

funds available to pay members of the Class.

In addition, the named Class Representative in this case may apply to the Court for a Class

Representative Incentive Award up to $5,000. This payment is designed to compensate the named Class

Representative for the time, effort, and risks she undertook in pursuing this litigation to benefit the Class.

A copy of Class Counsel’s motion for an award for Attorneys’ Fees and Expenses and for a Class

Representative Incentive Award is available on the Settlement Website. The Court will determine the

amount of Attorneys’ Fees and Expenses as well as the amount of Class Representative Incentive Award.

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

What Happens If I Do Not Opt-Out From The Settlement?

If you are a Class Member and you do not Opt-Out from the Settlement, you will be legally bound

by all orders and judgments of the Court, and you will also be legally bound to the Releases of the Claims

in the Settlement. This means that in exchange for being a Class Member and being eligible for the

Shipping Code, Promotional Code, and Cash Refunds in the Settlement, you will not be able to sue,

continue to sue, or be part of any other lawsuit against Shutterfly, Inc., Groupon, Inc. and/or any of the

Released Parties that involves the same legal Claims as those resolved through this Settlement.

You will not be responsible for any out-of-pocket costs or attorneys’ fees concerning this case

if you stay in the class.

Staying in the class means that you agree to the following terms of the Settlement that describe

exactly the legal claims that you give up:

If the Court grants final approval of the settlement, Class Members, including any person

claiming derivative rights of the Class Class Member as such person’s parent, child, heir,

guardian, associate, co-owner, attorney, agent, administrator, executor, devisee, predecessor,

successor, assignee, assigns, representative of any kind, shareholder, partner, director,

employee or affiliate, shall have unconditionally, completely, and irrevocably released and

discharged the Released Parties from the Released Claims. “Released Claims” means all

claims that were, or could have been, asserted in the Litigation that arise out of or relate to

(i) the allegations that the Shutterfly General Spend Groupon promotions were false,

misleading or deceptive, (ii) the allegations that Shutterfly committed breaches of contract or

fraud in connection with the Shutterfly General Spend Groupon promotions, (iii) the

allegations that Shutterfly is liable for damages or penalties for including and/or trying to

enforce an unlawful or unenforceable arbitration agreement in its Terms of Use, or (iv) the

allegations that Shutterfly engaged in unfair or unlawful business practices with respect to its

General Spend Groupon promotions and/or the arbitration agreement in its Terms of Use. The

Released Parties are Defendant, Groupon, Inc., and each of their respective current and former

parent companies, subsidiaries, divisions, and current and former affiliated individuals and

entities, legal successors, predecessors (including companies they have acquired, purchased,

or absorbed), assigns, joint ventures, and each and all of their respective officers, partners,

directors, owners, stockholders, servants, agents, shareholders, members, managers,

principals, investment advisors, consultants, employees, representatives, attorneys,

accountants, lenders, underwriters, benefits administrators, investors, funds, and insurers,

past, present and future, and all persons acting under, by, through, or in concert with any of

them.

b) With respect to the Released Claims set forth in the preceding paragraph, each Class Member shall

be deemed to have waived and relinquished, to the fullest extent permitted by law, the provisions,

rights and benefits conferred by any law of any state of the United States, or principle of common

law or otherwise, which is similar, comparable, or equivalent to section 1542 of the California

Civil Code, which provides:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE

CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN

BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER

SETTLEMENT WITH THE DEBTOR.

The Class Members understand and acknowledge the significance of these waivers of California

Civil Code section 1542 and any other applicable federal or state statute, case law, rule or

regulation relating to limitations on releases. In connection with such waivers and relinquishment,

the Class Members acknowledge that they are aware that they may hereafter discover facts in

addition to, or different from, those facts that they now know or believe to be true with respect to

the subject matter of the Settlement, but that it is their intention to release fully, finally, and forever

all Released Claims with respect to the Released Parties, and in furtherance of such intention, the

release of the Released Claims will be and remain in effect notwithstanding the discovery or

existence of any such additional or different facts.

c) The Parties shall be deemed to have agreed that the release set forth herein will be and may be

raised as a complete defense to and will preclude any action or proceeding based on the Released

Claims.

The full text of the settlement agreement, which includes all of the provisions about settled claims and

releases, is available at www.shutterflypromosettlement.com.

How Do I Opt-Out From The Settlement?

You can Opt-Out from the Class—that is, be excluded from the Class—if you wish to retain the

right to sue Defendant separately for the Released Claims. If you Opt-Out, you cannot obtain any benefits

from the Settlement, such as a Shipping Code, Promotional Code, or Cash Refund. In addition, if you Opt-

Out, you cannot submit an Objection to the Settlement.

To Opt-Out, you must complete the online form at the Settlement Website or mail an Opt-Out

request to the Shutterfly Claim Administrator at 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. If

mailed, the Opt-Out request must be signed by the Class member requesting exclusion, contain the Class

member’s full name and address; and the following statement: “I request to be excluded from the proposed

class settlement in Taylor v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (N.D. Cal.).”

To be valid, the Opt-Out request must be submitted online or postmarked on or before the

Opt-Out Deadline, which is November 9, 2021.

How Do I Object To The Settlement?

You can ask the Court to deny approval of the Settlement by timely filing an Objection with the

Court. You can’t ask the Court to require a larger Settlement; the Court can only approve or disallow the

Settlement. If the Court denies approval to the Settlement, no Shipping Codes, Promotonal Codes, or Cash

Refunds will be issued, and the lawsuit will continue.

You can also ask the Court to disapprove the requested payments to Plaintiff and to Class Counsel.

If those payments are disapproved, no additional money will be paid to the Class. Instead, the funds

earmarked for Plaintiff and her attorneys will be retained by Defendant.

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

You may also appear at the Final Approval Hearing, either in person or through your own attorney.

If you appear through your own attorney, you are responsible for paying that attorney. If you want to

raise an objection to the Settlement at the Final Approval Hearing, you must submit that objection

in writing, by the Objection Deadline, which is November 9, 2021.

If you want to raise an Objection to the Settlement at the Final Approval Hearing, you must submit

that Objection in writing to the Class Action Clerk, United States District Court for the Northern District

of California, San Jose Courthouse, 280 South 1st Street, San Jose, CA 95113, or file via the Court’s

electronic filing system (ECF). Your Objection must be postmarked (if mailed) or submitted via ECF by

the Objection Deadline set forth above. Any Objection must include: (a) a reference to this case, Taylor

v. Shutterfly, Inc., Case No. 5:18-cv-00266-BLF (N.D. Cal.) and the name of the presiding judge, the Hon.

Beth Labson Freeman; (b) the name, address, telephone number, and, if available, the email address of

the Person objecting, and if represented by counsel, of his/her counsel; (c) a written statement of all

grounds for the Objection, accompanied by any legal support for such Objection; (d) whether he/she

intends to appear at the Final Approval Hearing, either with or without counsel; and (e) a statement of

his/her membership in the Class, including all information required by the Claim Form. Failure to include

this information and documentation may be grounds for overruling and rejecting your Objection.

If you want to appear, either personally or through counsel, at the Final Approval Hearing in order

to present argument regarding your Objection, you also must include in your Objection a Notice of

Intention to Appear. The Notice of Intention to Appear must include copies of any papers, exhibits, or

other evidence that you or your attorney will present to the court in connection with the Final Approval

Hearing. If you fail to submit a proper Notice of Intention to Appear, you (or your attorney) may not be

heard during the Final Approval Hearing.

If you fail to comply with these requirements or fail to submit your Objection and Notice of

Intention to Appear by the deadline (which is November 9, 2021), you may be deemed to have

waived all objections and may not be entitled to speak at the Final Approval Hearing on December

2, 2021.

If you file an Objection to the Settlement but still want to submit a Claim in the event the Court

approves the Settlement, you must still timely submit a Claim Form according to the instructions described

above.

When Will The Court Decide If The Settlement Is Approved?

The Court will hold a hearing on December 2, 2021, to consider whether to approve the Settlement.

The hearing will be held in the United States District Court of the Northern District of California, before

the Honorable Beth Labson Freeman, in the San Jose Courthouse, 280 South 1st Street, San Jose, CA

95113, or such other judge assigned by the Court. The courtroom will be assigned later and can be obtained

from the Settlement Website or the Clerk of the Court. Virtual attendance may be possible; please check

the Settlement Website and the Court’s website at cand.uscourts.gov for more information

The hearing is open to the public. This hearing date may change without further notice to you.

Consult the Settlement Website at www.shutterflypromosettlement.com or the Court docket in this case

available through Public Access to Court Electronic Records PACER (http://www.pacer.gov), for updated

information on the hearing date and time.

Questions? Visit www.shutterflypromosettlement.com or call 1-833-411-1404

How Do I Get More Information?

You can inspect many of the court documents connected with this case on the Settlement Website.

Other papers filed in this lawsuit are available by accessing the Court docket in this case available through

PACER (http://www.pacer.gov).

You can contact the Shutterfly Claim Administrator at 1650 Arch Street, Suite 2210, Philadelphia,

PA 19103 or by telephone at 1-833-411-1404.

You can also obtain additional information by contacting Class Counsel:

Marie A. McCrary

GUTRIDE SAFIER LLP

100 Pine Street, Suite 1250

San Francisco, CA 94111

Tel: 415-639-9090

www.gutridesafier.com

Please do not address any questions about the Settlement or Litigation to the Clerk of the Court

or the Judge.