Magic Money Refund

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS

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

• There is a proposed settlement with Magic Money LLC, Ceremony of Roses, LLC, Cor Merchandising, LLC, Scoremore Holdings, LLC, Live Nation Worldwide, Inc., and Live Nation Entertainment, Inc. (“Defendants”) involving the purchases of Magic Money intended for use at the Astroworld Festival, which was scheduled to take place November 5-6, 2021, in Houston, Texas (“Festival” or “Astroworld Festival 2021”).

• The proposed settlement offers certain refunds and reimbursements of Magic Money purchases to eligible people who purchased Magic Money for the Festival.

• 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. If it does, and after any appeals are resolved, certain refunds and reimbursements will be distributed to those who qualify. Please be patient.

• Please be aware that certain deadlines and instructions are subject to change. It is your responsibility to check the website for updated information and to adhere to such deadlines and instructions.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

QUESTIONS?
Visit the website www.magicmoneyrefund.com
Contact the Potts Law Firm at 713.963.8881 or [email protected]
Para mas información en español, visite nuestro sitio de internet.

BASIC INFORMATION

1. Why is this Notice being provided?

2. What is this lawsuit about?

3. Why is this a class action?

4. Why is there a proposed settlement?

WHO IS IN THE SETTLEMENT

5. How do I know if I am part of the settlement?

6. Are there exceptions to being included?

7. What if I am not sure whether I am included in the settlement?

THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY

8. What does the settlement provide?

9. What refund or reimbursement can I get? And how can I get it?

10. How will the refunds and reimbursements be decided?

HOW TO GET A REFUND OR REIMBURSEMENT

11. How can I get a refund or reimbursement?

12. When will I get my refund or reimbursement?

13. What am I giving up as part of the settlement?

EXCLUDING YOURSELF FROM THE SETTLEMENT

14. If I exclude myself, can I get anything from this settlement?

15. If I do not exclude myself, can I sue later?

16. How do I get out of the settlement?

THE LAWYERS REPRESENTING YOU

17. Do I have a lawyer in the case?

18. How will the lawyers be paid?

OBJECTING TO THE SETTLEMENT

19. How do I tell the Court if I do not like the settlement?

20. What is the difference between objecting and asking to be excluded?

THE COURT’S FAIRNESS HEARING

21. When and where will the Court decide whether to approve the settlement?

22. Do I have to come to the hearing?

23. May I speak at the hearing?

IF YOU DO NOTHING

24. What happens if I do nothing?

GETTING MORE INFORMATION

25. How do I get more information about the proposed settlement?

A Court authorized this notice because you have a right to know about a proposed settlement of this class action lawsuit and about all of your options before the Court decides whether to give “final approval” to the proposed settlement. If the proposed settlement is ultimately approved, then certain refunds and reimbursements will be issued to those who are eligible. This notice explains the lawsuit, the proposed settlement, your legal rights, the refunds and reimbursements that are available, who may be eligible for those refunds and reimbursements, and how to get them.

Chief Judge Lee H. Rosenthal of the United States District Court for the Southern District of Texas is overseeing this class action. The case is known as Brenda Wong, et al. v. Magic Money LLC, et al., Civil Action No. 4:21-cv-04169.

The people who sued are called the “Plaintiffs,” and the companies they sued, Magic Money LLC, Ceremony of Roses, LLC, Cor Merchandising, LLC, Scoremore Holdings, LLC, Live Nation Worldwide, Inc., and Live Nation Entertainment, Inc., are called the “Defendants.”

The lawsuit arose after the Astroworld Festival 2021, which was to take place from November 5-6, 2021, in Houston, Texas, was canceled due to a mass casualty event. Plaintiffs contend Defendants owe them a refund and other damages because they purchased Magic Money intended for use at the Astroworld Festival 2021. Magic Money was the exclusive means to participate in the carnival rides and games at the Astroworld Festival 2021. Plaintiffs asserted various claims against Defendants, including those for breach of contract and deceptive trade practices.

Defendants deny all of Plaintiffs’ claims and say that they did nothing wrong. Specifically, Defendants disagree with the allegations and say that they have many defenses, that they are not liable to Plaintiffs, and that Plaintiffs are not entitled to any money or other damages from the litigation.

In a class action, one or more people called “Representative Plaintiffs” (in this case, Brenda Wong, Parker Jerrell, Jose Box, and Amber Palmer) sue on behalf of people who have similar claims. All of these people are a “Settlement Class” or “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class.

The Court did not decide in favor of Plaintiffs or Defendants. Instead, both sides agreed to settle this case to avoid the cost and risk of a trial. The proposed settlement does not mean that any law was violated or that Defendants did anything wrong. Defendants deny all legal claims in this case. The Representative Plaintiffs and their lawyers think the proposed settlement is best for all Settlement Class Members.

To see if you will be affected by this proposed settlement or if you will get a refund or reimbursement from the proposed settlement, you first have to determine if you are a Settlement Class Member.

The Court decided that the Settlement Class includes nearly everyone who purchased Magic Money for the Astroworld Festival 2021 and was not issued a chargeback or refund for their Magic Money purchase. A chargeback is the reversal or return of credit or debit card funds.

There are two exclusions from the Settlement Class: (1) anyone who purchased Magic Money for the Astroworld Festival 2021 and was issued a chargeback or refund for their Magic Money purchase, and (2) Defendants and its officers and directors.

If you are not sure whether you are in the Settlement Class or have any other questions about the proposed settlement, call or email the Potts Law Firm at telephone number 713.963.8881 or email address [email protected].

If the settlement is ultimately approved and becomes final, then it will provide certain refunds and reimbursements to Settlement Class Members.

The settlement provides for Settlement Class Members with valid claims to receive a certain refund or reimbursement under the terms and conditions of the Settlement Agreement. Settlement Class Members who mainly paid with debit and credit cards should receive an automatic refund of each of their Magic Money purchases for the Astroworld Festival 2021. The automatic refund will be paid directly via their original payment method for the Magic Money purchase for the Astroworld Festival 2021. Settlement Class Members who paid with cash or any payment means other than debit and credit card and did not receive an automatic refund should receive a reimbursement of each of their Magic Money purchases for the Astroworld Festival 2021 by check after submitting a valid claim.

No refund or reimbursement shall be provided if a chargeback or refund was previously received on the transaction.

Refunds will be funded from a Total Settlement Fund of $335,000. The Total Settlement Fund is intended to compensate for certain refunds and reimbursements, attorney fees, costs, and expenses, and incentive awards.

More details on the settlement and the refunds and reimbursements are available in the Settlement Agreement, which can be found at www.magicmoneyrefund.com.

If you are a Settlement Class Member with a valid claim, and you paid by debit or credit card, you should automatically receive a certain refund of each of your Magic Money purchases for the Astroworld Festival 2021. The refund will be issued via your original payment method for the Magic Money purchase for the Astroworld Festival 2021.

If you are a Settlement Class Member with a valid claim, and you paid with cash or any payment means other than debit and credit card, and did not receive an automatic refund, you must submit a claim for reimbursement to Settlement Class Counsel by mail or email. Any claim for reimbursement must include your name, address, telephone number, and email address. You must also include information regarding each of your Magic Money purchases for the Astroworld Festival 2021, including either (a) proof of each purchase for which reimbursement is sought, including the amount of each purchase and the payment type and account number used for each purchase, or (b) an affidavit setting forth in as much detail as can reasonably be provided information on each Magic Money purchase for the Astroworld Festival 2021 for which a reimbursement is sought.

You must mail or email your claim for reimbursement postmarked or timestamped no later than April 9, 2024, to:

Potts Law Firm
Attn: Magic Money Refund
3737 Buffalo Speedway
Suite 1900
Houston, Texas 77098
[email protected]

The amount of any refunds and reimbursements will be reduced proportionally based on the amount of the Total Settlement Fund after attorney fees, costs and expenses, and incentive awards have been deducted as well as the expenses and costs and other considerations of the method of distribution.

All refunds will be issued based on the records of Magic Money transactions for the Astroworld Festival 2021 provided by the original processing company for such transactions, commonly known as First Data. All reimbursements will be issued based on the information provided in the claim for reimbursement submitted to Settlement Class Counsel.

If there is a dispute regarding a refund or reimbursement of a valid claim, you must submit a dispute to Settlement Class Counsel by mail or email. For the dispute, your documentation must bear your full name, address, telephone number, and email address. You must also provide information regarding each of your Magic Money purchases for the Astroworld Festival 2021 that you are disputing, such as either (a) proof of each purchase for which a refund or reimbursement is sought, which includes proof of the amount of each purchase and the payment type and account number used for each purchase, or (b) an affidavit setting forth in as much detail as can reasonably be provided information on each Magic Money purchase for the Astroworld Festival 2021 for which a refund or reimbursement is sought.

For example, if a debit or credit card was used to purchase Magic Money for the Astroworld Festival 2021, you must submit information on the debit or credit card used (type, number, name, and expiration date) and verification that the card was processed for Magic Money for the Astroworld Festival 2021 and of each transaction amount.

You must mail or email your dispute postmarked or timestamped no later than May 19, 2024, to:

Potts Law Firm
Attn: Magic Money Refund
3737 Buffalo Speedway
Suite 1900
Houston, Texas 77098
[email protected]

Settlement Class Counsel, the Potts Law Firm, will determine on a “more likely than not” basis whether the documentation submitted validates the claim.

If you qualify for a refund, you need not take any action if you are a Settlement Class Member with a valid claim who paid with a debit or credit card. You should receive an automatic refund of your Magic Money purchases for the Astroworld Festival 2021.

However, if you purchased Magic Money for the Astroworld Festival 2021 and you paid with cash or any payment means other than debit and credit card and did not receive a chargeback, a refund, or the automatic refund mentioned above, you must submit a claim for reimbursement to Settlement Class Counsel. If so, please follow the relevant instructions in Section Nine, “What refund or reimbursement can I get? And how can I get it?”

If there is a dispute regarding a refund or reimbursement of a valid claim, you must submit a dispute to Settlement Class Counsel. Please follow the relevant instructions in Section Ten, “How will refunds and reimbursements be decided?”

If you would like more information on whether you are in the Settlement Class, call or email the Potts Law Firm at telephone number 713.963.8881 or email address [email protected].

Refunds and reimbursements will be disbursed to Settlement Class Members with valid claims, after the Court grants “final approval” of the settlement and after any appeals are resolved. If the Court approves the settlement after a hearing on December 1, 2023 (see Section 21, “The Court’s Fairness Hearing”), there may be appeals. It is always uncertain whether these appeals can be resolved and resolving them can take time. Also, refunds and reimbursements will be sent only when the terms of the settlement are finalized. Please be patient.

If the proposed settlement becomes final, Settlement Class Members will be releasing Defendants and all related people and entities from all of the claims described and identified in the Settlement Agreement. This means you will no longer be able to sue Defendants regarding any of the released claims described in the Settlement Agreement. Importantly, Settlement Class Members are not releasing any claims for personal injuries or other injuries or damages not pertaining to Magic Money purchases for Astroworld Festival 2021.

The Settlement Agreement is available at www.magicmoneyrefund.com. The Settlement Agreement provides more detail regarding the release and describes the released claims with specific descriptions in necessary and accurate legal terminology, so read it carefully. You can talk to the lawyers at the Potts Law Firm representing the Settlement Class for free or you can, at your own expense, talk to your own lawyer if you have any questions about the released claims or what they mean.

If you do not want to participate in this proposed settlement and you want to keep the right to sue Defendants about the legal issues in this case, then you must take steps to get out of the proposed settlement. This is called asking to be excluded from, or sometimes called “opting-out” of the Settlement Class.

No. If you exclude yourself, you will not receive a refund or reimbursement under the proposed settlement and you cannot object to the proposed settlement. If you ask to be excluded, however, you may sue or be part of a different lawsuit against Defendants in the future. You will not be bound by anything that happens in this lawsuit.

Unless you exclude yourself, you give up the right to sue Defendants for all of the claims that the proposed settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or be part of any different lawsuit relating to such claims.

To exclude yourself from the proposed settlement, you must send a letter or other written document to Settlement Class Counsel by mail or email saying that you want to be excluded from Brenda Wong, et al. v. Magic Money LLC, et al. Be sure to include the case number (No. 4:21-cv-04169), your full name, address, telephone number, email address, signature, and date. You must also include information regarding each of your Magic Money purchases for the Astroworld Festival 2021, including the amount of each purchase and the payment type and account number used for each purchase, or (b) an affidavit setting forth in as much detail as can reasonably be provided information on each Magic Money purchase for the Astroworld Festival 2021 for which a refund or reimbursement may be sought.

You must mail or email your request for exclusion postmarked or timestamped no later than October 15, 2023, to:

Potts Law Firm
Attn: Magic Money Refund
3737 Buffalo Speedway
Suite 1900
Houston, Texas 77098
[email protected]

You cannot ask to be excluded on the phone or at the website.

The Court appointed Derek H. Potts, Potts Law Firm, LLP, of Houston, Texas as “Settlement Class Counsel” to represent you and other Settlement Class Members. 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 own expense.

Settlement Class Counsel has proposed the payment of attorney fees and reimbursement of costs and expenses in the total amount of $85,925. Settlement Class Counsel also will request incentive award payments of $200 for each of the Representative Plaintiffs for their services on behalf of the entire Settlement Class. The Court may award less than these amounts. Please note that First Data may submit a separate request for attorney fees, costs, and expenses for the Court’s approval. The Total Settlement Fund accounts for attorney fees, costs, and expenses and incentive awards to be awarded by the Court.

If you disagree with any aspect of the proposed settlement, you may express your views to the Court through a written response to the proposed settlement. The Court will consider your views. You must object to the proposed settlement in writing. In your written objection, be sure to include the following information:

1. the name and title of the lawsuit, Brenda Wong, et al. v. Magic Money LLC, et al., Civil Action No. 4:21-cv-04169;
2. your full name, address, telephone number, email address, and signature; and
3. information regarding each of your Magic Money purchases for the Astroworld Festival 2021, including:
4. proof of each purchase for which a refund or reimbursement is sought, including the amount of each purchase and the payment type and account number used for each purchase, or
5. an affidavit setting forth in as much detail as can reasonably be provided information on each Magic Money purchase for the Astroworld Festival 2021 for which a refund or reimbursement is sought.

Your written objection also must include the reasons why you object to the proposed settlement and any documentation supporting your objection, as well as a statement of whether you intend to appear at the Fairness Hearing. You should also provide the name and full contact information for any counsel that is representing you. Also, for your objection to be effective, you should identify by case name, court, and docket number all other cases in which you (directly or through counsel) or your counsel (on behalf of any person or entity) have filed an objection to any other proposed class action settlement, or whether you have been a representative plaintiff in any class action or your counsel has served as class counsel.

Send copies of any objection by mail to the Court, Settlement Class Counsel, and each of Defendants’ Counsels listed below, postmarked no later than October 15, 2023.

Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you cannot object to the settlement because the case no longer affects you, and you will not be eligible to apply for any refund or reimbursement under the settlement.

The Court will hold a Fairness Hearing at 10 a.m. on December 1, 2023, at the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas. At the Fairness Hearing, the Court will consider whether the proposed settlement is fair, reasonable, and adequate. The Court will also consider the requests for attorney fees, costs, and expenses, and incentive awards. If there are objections, the Court will consider them. After the Fairness Hearing, the Court will decide whether to approve the proposed settlement and how much to award to Settlement Class Counsel as attorney fees, costs, and expenses, and to the Representative Plaintiffs as incentive awards.

The Fairness Hearing may be moved to a different date without additional notice, so it is recommended that you periodically check www.magicmoneyrefund.com for updated information.

No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend the hearing at your own expense. If you send in a written objection, you do not have to come to the Fairness Hearing to talk about it. As long as you timely and properly submit your written objection, the Court will consider it. You may also pay your own lawyer to attend the Fairness Hearing, but it is not necessary.

To speak at the Fairness Hearing, you must send a letter or other written document saying that the letter or document is your “Notice of Intent to Appear” in Brenda Wong, et al. v. Magic Money LLC, et al., Civil Action No. 4:21-cv-04169. Be sure to include your name, address, telephone number, email address, and your signature. You also must include information about what you intend to say at the hearing. If you intend to have counsel appear and represent you at the hearing, please indicate so and provide the full name and contact information for that counsel. Also, please list anyone you or your counsel will call to testify in support of your objection at the hearing. Please send copies of your “Notice of Intent to Appear” to the Court, Settlement Class Counsel, and each of Defendants’ Counsels as listed in Section 19, “How do I tell the Court if I do not like the settlement?” It must be postmarked no later than October 15, 2023. The Court will decide if you will be allowed to speak at the Fairness Hearing.

If you do nothing, then you qualify as a Settlement Class Member if you have a valid claim and you should receive an automatic refund if you paid with a debit or credit card. However, you may need to act to receive a certain refund or reimbursement in two situations. The first is if you are a Settlement Class Member who paid with cash or any payment means other than debit and credit card and did not receive an automatic refund, then you must submit a claim for reimbursement. The second is if there is a dispute regarding a refund or reimbursement of a valid claim, then you must submit a dispute. If either of these situations applies to you and you do not take the necessary steps, you are at risk of not receiving a refund or reimbursement.

This notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement at www.magicmoneyrefund.com. You may call or email the Potts Law Firm at telephone number 713.963.8881 or email address [email protected].

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October 15, 2023
Mail or email your request for exclusion from the proposed settlement by this date.

October 15, 2023
Send copies of any objection to the proposed settlement by mail to the Court and Counsels by this date.

December 1, 2023
The Fairness Hearing is scheduled for 10 a.m.

April 14, 2024
Mail or email your claim for reimbursement by this date.

May 24, 2024
Mail or email any dispute regrading a refund or reimbursement by this date.