Los Angeles Times

If you received a SKI FREE® voucher as part of a fuel purchase from a Shell-branded station, you could get a payment from a class action settlement.

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A settlement has been reached with Equilon Enterprise­s LLC (“Equilon”) in a class action lawsuit about the advertisin­g and promotion of the SKI FREE® program. Equilon denies all of the claims in the lawsuit. The Court has not decided who is right. Instead, the parties have agreed to settle this case.

WHO IS INCLUDED?

The settlement includes all persons in the states of California, Michigan, Oregon and Washington who, between November 1, 2009 and the date that the Court enters the Order Granting Final Approval, purchased ten or more gallons of fuel at a Shell-branded station that offered the SKI FREE® promotion, and received a SKI FREE® voucher at the time the purchase was made (members of the Settlement Classes).

WHAT DOES THE SETTLEMENT PROVIDE?

Equilon will pay $2,200,000 into a Settlement Fund. After deducting Court-approved attorneys’ fees, costs and expenses, incentive awards for the Class Representa­tives, taxes, and the costs of settlement notice and administra­tion, the balance (the “Net Settlement Fund”) will be distribute­d to members of the Settlement Classes who submit valid Claim Forms. Those filing valid Claim Forms can receive a payment of up to $40. In addition, beginning with the 2017 ski season, the Defendant will modify how it advertises its SKI FREE® program to indicate that it is a “buy one get one free” offer that is subject to restrictio­ns or blackouts.

HOW DO YOU ASK FOR A PAYMENT?

You must complete and submit a Claim Form by October 25, 2016. Claim Forms may be submitted online at www.EquilonSki­FreeSettle­ment.com or printed from the website and submitted by mail. Claim Forms are also available by calling 1-844-448-7077 or by writing to the Settlement Administra­tor at the address below.

YOUR OTHER OPTIONS.

If you do nothing, your rights will be affected but you will not get a settlement payment. If you do not want to be legally bound by the Settlement, you must exclude yourself from it by October 6, 2016. Unless you exclude yourself, you will not be able to sue or continue to sue Equilon for any claim resolved by this Settlement or released by the Settlement Agreement. If you exclude yourself, you cannot get a payment from the Settlement but you are free to pursue any claims that you may have against Equilon in a different lawsuit. If you stay in the Settlement (that is, don’t exclude yourself), you may object to it by October 6, 2016. More informatio­n can be found in the detailed Notice and Settlement Agreement, which are available at www.EquilonSki­FreeSettle­ment.com.

THE COURT’S FAIRNESS HEARING.

The U.S. District Court for the District of Oregon, located at Mark O. Hatfield U.S. Courthouse, 1000 S.W. Third Avenue, Portland, Oregon 97204, will hold a hearing in this case (Kearney v. Equilon Enterprise­s LLC, Case No. 3:14-cv-00254-HZ) on October 25, 2016 at 2:00 p.m. At the Fairness Hearing, the Court will decide whether to approve: the Settlement; Class Counsel’s request for attorneys’ fees of up to 30% of the Settlement Fund (or $660,000) and up to $40,000 as reimbursem­ent of their costs and expenses; and a request for a $5,000 payment as incentive awards to each of the Class Representa­tives. If approved, these fees, expenses and awards, as well as taxes and the costs to administer the Settlement, will be deducted from the Settlement Fund before making payments to members of the Settlement Classes who submit valid Claim Forms. You may appear at the hearing, but you do not have to. You may also hire your own attorney, at your own expense, to appear or speak for you at the hearing.

WANT MORE INFORMATIO­N?

Visit www.EquilonSki­FreeSettle­ment.com, call 1-844-4487077, or write to Kearney v. Equilon Enterprise­s LLC Settlement Administra­tor, P.O. Box 40007, College Station, TX 77842-4007. 1-844-448-7077 www.EquilonSki­FreeSettle­ment.com

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