NOTICE OF PROPOSED CLASS ACTION SETTLEMENT Lockett v. MoGreet, Inc., Case No. 2013-CH-21352 (Cir. Ct. Cook Cnty., Ill.) If you were sent a text message from any of the following Retailers, you may be entitled to a $105 payment from a Class Action Settlement. An Illinois State Court authorized this Notice. This is not a solicitation from a lawyer. IMPORTANT PLEASE READ THIS NOTICE CAREFULLY THIS NOTICE RELATES TO THE PENDENCY OF A CLASS ACTION LAWSUIT AND IF YOU ARE A SETTLEMENT CLASS MEMBER, CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS TO MAKE A CLAIM UNDER THE SETTLEMENT OR TO OBJECT TO THE SETTLEMENT (A court authorized this notice. This is not a solicitation from a lawyer.) Your legal rights are affected whether or not you act. Please read this notice carefully. YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT SUBMIT A CLAIM FORM

The only way to receive a cash payment.

EXCLUDE YOURSELF FROM THE CLASS BY FEBRUARY 18, 2014

Receive no cash payment. This is the only option that allows you to pursue claims alleged in the Action against the Defendant by filing your own lawsuit at your own expense.

OBJECT BY FEBRUARY 18, 2014

Write to the Court about why you do, or do not, like the Settlement. You must remain in the Settlement Class to comment in support of or in opposition to the Settlement.

ATTEND A HEARING ON MARCH 5, 2014

Ask to speak to the Court about the fairness of the Settlement. (The date and time of the final Fairness Hearing is subject to change by Court Order. See Question 19 below.)

DO NOTHING

Receive no cash payment and give up your right to sue. You will, however, receive the benefit of the prospective relief under the Settlement, which will apply to everyone.



These rights and options, and the deadlines to exercise them, are explained in this Notice.



The Court overseeing this case still has to decide whether to approve the Settlement. Payments and other Settlement Benefits will be provided if the Court approves the Settlement and after any appeals are resolved.

QUESTIONS? CALL 1-888-985-9195 TOLL FREE, OR VISIT WWW.LOCKETTCLASSACTION.COM 1

BASIC INFORMATION 1. Why was this Notice issued? This notice is to inform you of the Settlement of a class action lawsuit in the case captioned Lockett v. MoGreet, Inc., Case No. 2013-CH-21352 (Cir. Ct. Cook Cnty., Ill.) (the “Action”), brought on behalf of the Settlement Class, and pending in the Circuit Court of Cook County, Illinois, County Department, Chancery Division. You do not need to live in Illinois to get a benefit under the Settlement, but you must live in the United States or one of its territories. The Court has granted preliminary approval of the Settlement and has set a final fairness hearing to take place on March 5, 2014 at 10:30 a.m. in Courtroom 2308 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602 to determine if the Settlement is fair, reasonable and adequate, and to consider the request by Class Counsel for attorneys’ fees, expenses, and Incentive Awards for the Class Representative and Named Plaintiffs. This Notice describes the Settlement. Please read this Notice carefully to determine whether you wish to participate in the Settlement. Your rights and options— and the deadlines to exercise them—are explained in this Notice. Your legal rights are affected regardless of whether you act. 2. What is a Class Action? In a class action, one or more people called class representatives (in this case, David Lockett) sue on behalf of a group or a “class” of people who have similar claims. In a class action, the court resolves the issues for all class members, except for those who exclude themselves from the class. 3. What is this Lawsuit about? This lawsuit involves text message advertisements that were sent from certain retail companies (the “Retailers”) through Defendant MoGreet’s mobile platform or through one of its affiliated Service Providers, YesMail, Inc. and InfoGroup, Inc. (the “Service Providers”). The lawsuit claims that, in certain instances, when a consumer provided his or her cell phone number to a Retailer, the Retailer would send text message advertisements via the Service Providers’ mobile platform without first getting the consumer’s express consent. The lawsuit claims that, through this conduct, the Retailers and Service Providers violated the federal Telephone Consumer Protection Act. Click here for a list of the Retailers in this Settlement. Although Defendant denies Plaintiff’s claims of wrongdoing, the Parties have agreed to settle the lawsuit by entering into a written settlement agreement entitled “Class Action Settlement Agreement” (the “Agreement” or “Settlement”). The individuals on whose behalf the Settlement has been made are called “Settlement Class Members.” The individuals who make up the Settlement Class (i.e., the Settlement Class Members) are described in Question 5 below. The Agreement has already been preliminarily approved by the Court. Nevertheless, because the settlement of a class action determines the rights of all members of the proposed class, the Court has ordered this notice to be sent to the Settlement Class and is required to hold what’s known as a fairness hearing to determine whether final approval may be granted to the Settlement, before it can take effect. The Court has conditionally certified the Settlement Class for settlement purposes, so that Settlement Class Members can be given this notice and the opportunity to exclude themselves from the Settlement Class, voice their support or opposition to the Settlement, and explain how those who do not exclude themselves from the Settlement Class may submit a Claim Form to get a payment offered by the Settlement. If the Settlement is not granted final approval by the Court, or the Parties terminate it, the Settlement will be void, and the lawsuit will continue as if there had been no Settlement and no certification of the Settlement Class. 4. Why is there a settlement? The Court has not decided in favor of either side in the case. The Defendant denies all allegations of wrongdoing or liability against it and claims that its conduct was lawful. The Defendant is settling to avoid the expense, inconvenience, and inherent risk and disruption of litigation. Plaintiff and his attorneys believe that the Settlement is in the best interests of the Settlement Class because it provides an appropriate recovery for Settlement Class Members now while avoiding the risk, expense, and delay of pursuing the case through trial and any appeals.

QUESTIONS? CALL 1-888-985-9195 TOLL FREE, OR VISIT WWW.LOCKETTCLASSACTION.COM 2

WHO’S INCLUDED IN THE SETTLEMENT? 5. How do I know if I am in the Settlement Class? The Court decided that everyone who fits this description is a member of the Settlement Class: All Persons in the United States and its territories who received an unauthorized Text Message transmitted from or through a Retailer or Service Provider. A complete list of the Retailers involved in this lawsuit is provided in Question 6. 6. What type of text message ads were sent? This Settlement covers text message advertisements that were sent from any of the Retailers identified below to customers’ cell phones through Defendant MoGreet’s mobile platform, or through the mobile platforms of its affiliated Service Providers, YesMail, Inc. and/or InfoGroup, Inc. The term “Retailers” means the following companies: Burger King Corporation Cash America International, Inc. Charlotte Russe Merchandising, Inc. Charlotte Russe, Inc. Commodity Update, LLC Cox Media Group, LLC Domino’s Pizza, Inc. Emmis Operating Group EMN8, Inc. Entravision Communications Corporation Gamefly, Inc. Genesco, Inc.

Horizon Media, Inc. Jack in the Box Inc. Mattel, Inc. Mr. Checkpoint, LLC Outerwall Inc. Partners Trust, Inc. Real Estate Brokerage & Acquisitions Saveology, Inc. The Gymboree Corporation University of Southern California VANS, Inc., d/b/a VANS VF Corp.

THE SETTLEMENT BENEFITS 7. What does the Settlement provide? Defendant has created a Settlement Fund in the amount of Sixteen Million Dollars ($16,000,000), from which Class Members may submit claims for cash payments of up to One Hundred and Five Dollars ($105). The Settlement Fund will also be used to pay for all notice and Settlement Administration expenses, special master fees, the incentive award, and attorneys’ fees and costs. (See Question 14.) To that end, the Settlement obligates the Service Providers to, among other things, contractually require all persons transmitting text messages over the Service Providers’ systems, including Retailers, to receive an “opt in” communication prior to sending such text messages to recipients. You can read a detailed description of the future protection applicable to Defendant in the Settlement Agreement. 8. How much will my payment be? If you are member of the Settlement Class and the Court gives final approval to the Settlement, you may be entitled to receive up to $105. The amount of your exact payment cannot be calculated at this time. Your payment will depend on the total number of valid claims that are filed. Your payment may be reduced if the amount required to pay all claims made by the Settlement Class exceeds the amount available from the Settlement Fund after paying all fees and expenses. In the event this occurs, each Class Member who filed a valid claim shall receive a reduced proportionate share of that Settlement Fund. 9. When will I get my payment? You should receive a check from the Settlement Administrator within 70 days after the Settlement has been finally approved and/or after any appeals have been resolved in favor of the Settlement. The hearing to consider the final fairness of the Settlement is scheduled for March 5, 2014 at 10:30 a.m. All checks will expire and become void 90 days after they are issued, and the funds of any uncashed checks will revert to the Illinois Bar Foundation.

QUESTIONS? CALL 1-888-985-9195 TOLL FREE, OR VISIT WWW.LOCKETTCLASSACTION.COM 3

HOW TO GET BENEFITS 10. How do I get benefits? If you are a Class Member and you want to participate in the Settlement, you must complete and submit a truthful Claim Form by May 4, 2014, or 60 days after the entry of the final judgment, whichever is later in time. You should have received a Claim Form in the mail or as a link in an email with a summary of this notice. If you did not receive a Claim Form, a copy can be found on this webpage or by calling, toll free, 1-888-985-9195. The Claim Form can be submitted online at this website or by mail. We also encourage you to submit your claim electronically. Not only is it easier and more secure, but it is completely free and takes only minutes. REMAINING IN THE SETTLEMENT 11. What am I giving up if I stay in the Class? If the Settlement becomes final, you will give up your right to sue the Defendant for the claims being resolved by this Settlement. The specific claims you are giving up against the Defendant are described in Section 3 of the Settlement Agreement. You will be “releasing” the Defendant and all the “Released Parties” as described in Section 1 of the Settlement Agreement. Unless you exclude yourself (see Question 15), you are “releasing” the claims, regardless of whether you submit a claim or not. The Settlement Agreement is available through the “court documents” link on this website. The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions you can talk to the lawyers listed in Question 13 for free, or you can, of course, talk to your own lawyer if you have questions about what this means. 12. What happens if I do nothing at all? If you do nothing, you won’t get any benefits from this Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendant for the claims being resolved by this Settlement. THE LAWYERS REPRESENTING YOU 13. Do I have a lawyer in the case? The Court has appointed Rafey S. Balabanian and Ari J. Scharg of Edelson LLC to be the attorneys representing the Settlement Class. They are called “Class Counsel.” They believe, after conducting an extensive investigation, that the Settlement Agreement is fair, reasonable, and in the best interests of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your expense. 14. How will the lawyers be paid? Subject to Court approval, Defendant has agreed to pay Class Counsel up to $2,850,000 from the Settlement Fund for attorneys’ fees and expenses for investigating the facts, litigating the case, and negotiating the Settlement in this matter. The Court may award less than this amount. Under the Settlement Agreement, any amount awarded to Class Counsel will be paid out of the Settlement Fund. Subject to approval by the Court, Defendant has also agreed to pay, from the Settlement Fund, a collective incentive award of $15,000 to the Class Representative and Named Plaintiffs for their services in helping to settle this case. EXCLUDING YOURSELF FROM THE SETTLEMENT 15. How do I get out of the Settlement? You can get out of the Settlement Class by “excluding” yourself. If you exclude yourself, you won’t be able to submit a Claim Form, and you won’t be allowed to receive any of the relief offered by the Settlement (other than the prospective relief which applies to everyone). If you exclude yourself from the Settlement Class, you can pursue whatever legal rights you may have in any separate proceeding if you choose to do so, but you will have to do so at your own expense. To exclude yourself from the Settlement, you must mail or otherwise deliver a letter (or request for exclusion) stating that you want to be excluded from the Lockett v. MoGreet, Inc., No. 2013-CH-21352 Settlement. Your letter or request for QUESTIONS? CALL 1-888-985-9195 TOLL FREE, OR VISIT WWW.LOCKETTCLASSACTION.COM 4

exclusion must also include your name, your address, the cell phone number that received the unauthorized text message(s), and your signature. You must mail your exclusion request no later than February 18, 2014 to Lockett v. MoGreet, Inc., Settlement Administrator, c/o GCG, P.O. Box 35110, Seattle, WA 98124-5110. A request for exclusion that does not include all of the above information, that is sent to an address other than the one listed above, or that is not received on time, will not be valid and the person asking to be excluded will be considered a member of the Settlement Class, and will be bound as a Settlement Class Member. If you elect to exclude yourself, you will (i) not have any rights as a member of the Settlement Class pursuant to the Agreement, (ii) not be able to receive any Settlement Benefit as provided in the Agreement, (iii) not be bound by any further orders or judgments in this case, and (iv) not be entitled to object to any aspect of the Agreement. If you proceed on an individual basis, you might receive more, or less, of a benefit than you would otherwise receive under the Agreement, or no benefit at all. 16. If I don’t exclude myself, can I sue the Defendant for the same thing later? No. Unless you exclude yourself, you give up any right to sue the Defendant for the claims being resolved by this Settlement. OBJECTING TO THE SETTLEMENT 17. How do I object to the Settlement? If you’re a Class Member, you can object to the Settlement if you don’t like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must file with the Court a letter or brief stating that you object to the Settlement in Lockett v. MoGreet, Inc., No. 2013-CH-21352, identify all your reasons for your objections (including citations and supporting evidence), and attach any materials you rely on for your objections. Your letter or brief must also include your name, your address, your cell phone number that received the unauthorized text message(s), your signature, and a statement that you are a member of the Settlement Class. You must also mail or deliver a copy of your letter or brief to Class Counsel and Defendant’s Counsel (listed below). If you want to appear and speak at the Final Approval Hearing to object to the Settlement, with or without a lawyer (as explained in the answer to Question 21), you must say so in your letter or brief. File your objection with the Court and mail a copy to both Class Counsel and Defendant’s Counsel no later than February 18, 2014. Court Clerk of the Circuit Court Richard J. Daley Center, Rm 1001 50 West Washington Street Chicago, Illinois 60602

Defendant’s Counsel

Class Counsel Rafey S. Balabanian EDELSON LLC 350 North LaSalle, Suite 1300 Chicago, Illinois 60654

Ari N. Rothman VENABLE LLP 575 7th Street, NW Washington, DC 20004

18. What’s the difference between objecting to and excluding myself from the Settlement? Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself from the Class is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you. THE COURT’S FINAL APPROVAL HEARING 19. When and where will the Court decide whether to approve the Settlement? The Court will hold the Fairness Hearing at 10:30 a.m. on March 5, 2014 in Courtroom 2308 of the Richard J. Daley Center, 50 West Washington Street, Chicago, Illinois 60602. The purpose of the hearing will be for the Court to determine whether to approve the Settlement as fair, reasonable, adequate, and in the best interests of the Class, to consider Class Counsel’s request for $2,850,000 of the Settlement Fund for attorneys’ fees and expenses, and to consider the request for an incentive award to the Class Representative and Named Plaintiffs in the amount of $15,000. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the Settlement. The hearing may be postponed to a different date or time without notice, so it is a good idea to check this website or call 1-888-985-9195. If, however, you timely objected to the Settlement and advised the Court that you intend to appear and speak at the Fairness Hearing, you will receive notice of any change in the date of such Fairness Hearing. QUESTIONS? CALL 1-888-985-9195 TOLL FREE, OR VISIT WWW.LOCKETTCLASSACTION.COM 5

20. Do I have to come to the hearing? No. Class Counsel will answer any questions the Court may have. But, you are welcome to come at your own expense. If you send an objection or comment, you don’t have to come to Court to talk about it. As long as you filed and mailed your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but it’s not required. 21. May I speak at the hearing? Yes. You may ask the Court for permission to speak at the Fairness Hearing. To do so, your letter or brief objecting to the Settlement must include “Notice of Intent to Appear in Lockett v. MoGreet, Inc., No. 2013-CH-21352.” It must include your name, address, telephone number, and signature as well as the name and address of your lawyer, if one is appearing for you. Your objection and notice of intent to appear must be filed with the Court, postmarked, and sent to Class Counsel and Defendant's Counsel at the addresses listed in Question 17 no later than February 18, 2014. 22. What is the effect of final approval of the Settlement? If the Court grants final approval to the Settlement, the Court will enter a final order and judgment and dismiss the case against the Defendant. Claim Forms and payments under the Settlement will then be processed and distributed. The release by Settlement Class Members will also take effect. All members of the Settlement Class will release, acquit and forever discharge the Defendant and each of the Released Parties from any and all Released Claims (as defined in the Settlement Agreement). Please refer to Section 3 of the Settlement Agreement for a full description of the claims and persons that will be released upon final approval of the Settlement. Whether you consider the Settlement favorable or unfavorable, any and all members of the Settlement Class who do not exclude themselves from the Settlement Class will not be permitted to bring or to continue to assert Released Claims in any other litigation against the Defendant or other persons and entities covered by the Release. You can obtain a copy of the Agreement from the Clerk of the Court, online at www.LockettClassAction.com, or by writing to the Settlement Administrator at Lockett v. MoGreet, Inc., Settlement Administrator, c/o GCG, P.O. Box 35110, Seattle, WA 98124-5110. If you do not wish to be a Settlement Class Member, you must exclude yourself from the Settlement Class (see Question 15, above). If the Settlement is not approved, the case will proceed as if no settlement had been attempted or reached. There can be no assurance that if the Settlement is not approved and the case resumes, the Settlement Class will recover more than is provided for under the Agreement, or will recover anything at all. GETTING MORE INFORMATION 23. Where do I get more information? This Notice summarizes the Settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement at www.LockettClassAction.com. You may also write with questions to Lockett v. MoGreet, Inc., Settlement Administrator, c/o GCG, P.O. Box 35110, Seattle, WA 98124-5110. You can call the Settlement Administrator at 1-888-985-9195 or Class Counsel at 1-866-354-3015, if you have any questions. Before doing so, however, please read this full Notice carefully. You may also find additional information elsewhere on the case website.

QUESTIONS? CALL 1-888-985-9195 TOLL FREE, OR VISIT WWW.LOCKETTCLASSACTION.COM 6