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Notice

TO THOSE WHO PLAYED OR ATTEMPTED TO PLAY A McDONALD’S GAME

NOTICE OF PROPOSED SETTLEMENT, CLASS CERTIFICATION, AND HEARING TO THE FOLLOWING CLASS: All persons who, from January 1, 1979, through December 31, 2001, participated in, or obtained or attempted to obtain an official game piece, stamp or card in any game of chance, or chance and skill, whereby prizes were to be distributed among participants through the use of game pieces, stamps, cards, random drawings or random selection sponsored by McDonald’s or any McDonald’s restaurants in the U.S., Canada, Puerto Rico, Guam, U.S. Virgin Islands, Aruba, Jamaica, Bahamas, Curacao, Saipan, St. Maarten, Suriname, and Trinidad (“Giveaway Territory”) other than those who were employed by or agents of Simon Marketing or McDonald’s.

Plaintiffs in a case pending in the Circuit Court of Cook County, Illinois, individually and on behalf of the Class, have sued Simon Marketing, Inc. and McDonald's Corporation ("Defendants") relating to the embezzlement of winning prizes from McDonald's games. The suit alleges unjust enrichment and violations of consumer fraud laws of all fifty states. McDonald's has agreed to a settlement. In doing so, McDonald's continues to vigorously deny that it violated any law. Your rights may be affected by the settlement. The Honorable Stephen A. Schiller ("Court") has preliminarily approved the settlement and scheduled a Final Fairness Hearing ("Hearing"). The Court has appointed plaintiffs in Boland et al. v. Simon Marketing, Inc. and McDonald's, case no. 01CH13803 as Class representatives and Ben Barnow, Aron D. Robinson, and Steven G. Schulman as Plaintiffs' Lead Counsel ("Class Counsel"). Plaintiffs and Class Counsel believe the settlement confers substantial benefits upon the Class and that it is fair, adequate, reasonable and in the best interest of the Class.

THE RELEASE TO BE GIVEN TO DEFENDANTS IN THE SETTLEMENT IS BROAD AND WILL RELEASE OTHER CLAIMS UNDER FEDERAL AND STATE LAW WHICH YOU MAY HAVE AGAINST DEFENDANTS. IF YOU BELIEVE YOU HAVE OTHER CLAIMS, YOU SHOULD CAREFULLY CONSIDER WHETHER YOU WISH TO REMAIN A MEMBER OF THE CLASS, OR WHETHER YOU SHOULD EXCLUDE YOURSELF FROM THE CLASS.

Under the terms of the settlement, McDonald's has agreed to: (1) run a prize giveaway in which fifteen $1 million prizes (twenty annual $50,000 payments) will be randomly awarded to persons in attendance at McDonald's restaurants in the Giveaway Territory with no purchase necessary; (2) expend not less than $2 million to publish notice of the settlement and administer the giveaway; (3) pay legal fees and expenses awarded by the Court; Class Counsel will seek no more than $3 million; and (4) permit Class Counsel to seek approval to pay incentive awards to Class representatives ($1,000) and certain named plaintiffs ($500).

If you agree with the settlement and wish to participate, you need do nothing. You have a right to exclude yourself from the Class, or to object to the terms of the proposed settlement. Requests for exclusion and/or objections must be in writing and signed by you personally, or by your legal representative or counsel, in accordance with these procedures: (A) If you choose to exclude yourself, your request for exclusion must state: (1) your name and address, and (2) if you can, to the best of your recollection, the name(s) of the McDonald's game(s) you played and the approximate date(s) and city(ies) of your participation. Your request must be sent by mail to P.O. Box 3009, Oak Brook, IL 60522-3009 and postmarked no later than August 28, 2002; and (B) If you choose to object, you must: (1) submit documentary proof or affidavit that you are a member of the Class; (2) state the basis for your objection(s); (3) if you choose to appear at the Hearing, file a written notice of your intention to appear with the Clerk of the Court, Circuit Court of Cook County, 8th Floor, Richard J. Daley Center, Chicago, Illinois 60602 by August 28, 2002; and (4) serve copies of the foregoing papers, by the same date, to the following: Ben Barnow, Esq., Barnow and Associates, P.C., One N. LaSalle Street, Suite 4600, Chicago, IL 60602 and David J. Doyle, Esq., Winston & Strawn, 35 W. Wacker Drive, Chicago, IL 60601.

If you timely exclude yourself from the Class, you will not be bound by the settlement, nor will you be eligible to win any of the $1 million prizes in the giveaway. If you remain a member of the Class and there is final approval of the Class settlement, you will be bound by its terms and you will have fully and finally released McDonald's Corporation, all McDonald's franchisees, Simon Marketing Inc., Simon Worldwide, Inc., each of their past, present and future parents, subsidiaries, affiliates, predecessors, successors in interest, assignees, nominees, divisions, and each of their respective past, present and future officers, directors, employees, stockholders, attorneys, servants, representatives, partners, agents, brokers, vendors, printers, suppliers, prize suppliers, licensees, accounting and auditing firms, contractors, advisors, insurers (including Fireman's Fund Insurance Company and American Dynasty Surplus Lines Insurance Company), consultants, including without limitation Jerome Jacobson, Dittler Brothers, Inc., Quebecor World Direct, Quebecor World Dittler Brothers, Arthur Young, Coopers & Lybrand LLP, Laventhal & Horvath, Ernst & Young, KPMG Inc., Arthur Anderson, PriceWaterhouseCoopers LLP and their heirs, spouses, administrators, executors, and insurers, as well as any and all companies engaged in the development, production or distribution of materials for the McDonald's Promotional Games, including, but not limited to, Perseco, a division of the Havi Group L.P., its subsidiaries, and its affiliates, from all claims (including unknown claims), any and all actions, causes of action, obligations, demands, rights to reimbursement, public or private injunctive relief, disgorgement or restitution or any other rights or liabilities, whether based on federal, state or local law, statute, ordinance, regulation, contract, common law or any other source, including, without limitation, claims for fraud, negligent misrepresentation, breach of express or implied warranty, strict liability, breach of fiduciary duty, unjust enrichment, negligence, breach of contract, rescission, unfair competition, consumer fraud, unfair and deceptive trade or business practices, false advertising, violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), civil conspiracy, conversion, constructive trust, attorney fees, actual or statutory damages, punitive damages, civil penalties, costs or any other similar or equivalent claim, whether brought individually, on behalf of a class of persons, or on behalf of the public or members of the public in the capacity of private attorney general, including, without limitation, under California Business and Professions Code §17200 et seq. and §17500 et seq., and California Civil Code §1750 et. seq. (Consumer Legal Remedies Act or "CLRA"), or under any other consumer protection statute or law of any other jurisdiction, that have been or could or might have been alleged by any Class Member in any forum in the United States of America, as part of any action, arbitration or proceeding, based upon, related to or arising out of, during the period of 1/1/79 to 12/31/01: (1) the theft, conversion, misappropriation, seeding, dissemination, redemption or non-redemption of a winning prize or winning game piece in any McDonald's game; (2) any advertisement, publication, representation, statement, assertion or omission directly pertaining to any McDonald's game; (3) the administration, execution or operation of any McDonald's game; and (4) the $10 million Instant Giveaway by McDonald's over Labor Day weekend of 2001 (other than obligations to pay the prizes awarded).

All persons who do not validly exclude themselves from this Class will be precluded from instituting or continuing to pursue other lawsuits against Defendants if this settlement is approved.

The Hearing has been scheduled for September 17, 2002 at 2:00 p.m., in the Circuit Court of Cook County, Richard J. Daley Center, Chicago, Illinois, Room 2402, before the Court to determine whether the proposed settlement should be finally approved as fair, reasonable, and adequate; to hear and rule upon objections, if any; and to determine whether and in what amount legal fees and expenses should be awarded. The terms of the settlement are set forth in detail in the parties' Settlement Agreement, which is available at www.gamessettlement.com or at the office of the Clerk of the Court, Circuit Court of Cook County, 8th Floor, Richard J. Daley Center, Chicago, Illinois 60602. By Order of the Honorable Stephen A. Schiller, Judge of the Circuit Court of Cook County, Illinois, County Department, Chancery Division.