PROOF OF CLAIM AND RELEASE FORM
Deadline for Submission: September 2, 2025
TERMS NOT DEFINED HEREIN HAVE THE SAME MEANING AS SET FORTH IN THE NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION (“NOTICE”) THAT ACCOMPANIES THIS PROOF OF CLAIM AND RELEASE AND THE STIPULATION OF SETTLEMENT, DATED AS OF MARCH 5, 2025. (THE “STIPULATION”).
IF YOU PURCHASED OR OTHERWISE ACQUIRED PLAYSTUDIOS, INC. (“PLAYSTUDIOS” OR THE “COMPANY”) COMMON STOCK (INCLUDING BY WAY OF EXCHANGE OF PUBLICLY-LISTED ACIES SHARES) PURSUANT TO OR TRACEABLE TO THE PROXY/REGISTRATION STATEMENT FILED BY THE COMPANY WITH THE SEC ON FORM S-4 ON FEBRUARY 16, 2021, AND AMENDED ON FORMS S-4/A ON MARCH 26, 2021, MAY 10, 2021, MAY 18, 2021, AND MAY 20, 2021, AND THE BODY OF WHICH WAS INCORPORATED INTO THE FINAL PROSPECTUS ON FORM 424(B)(3) FILED ON MAY 25, 2021 (HEREAFTER THE “PROXY/REGISTRATION STATEMENT”); WERE SOLICITED TO APPROVE THE MERGER BETWEEN PLAYSTUDIOS AND ACIES ACQUSITION CORP. (“ACIES”) AND EXCHANGED PUBLICLY LISTED ACIES SHARES FOR PLAYSTUDIOS CLASS A ORDINARY SHARES RATHER THAN REDEEMING THE SAME PURSUANT TO THE PROXY/REGISTRATION STATEMENT; OR PURCHASED OR OTHERWISE ACQUIRED PLAYSTUDIOS COMMON STOCK BETWEEN AUGUST 11, 2021 AND MAY 5, 2022, BOTH DATES INCLUSIVE (THE “10(b) CLASS PERIOD”); AND AS TO ANY OF THE FOREGOING WERE ALLEGEDLY DAMAGED THEREBY, YOU ARE A “SETTLEMENT CLASS MEMBER” AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT PROCEEDS. (EXCLUDED FROM THE CLASS ARE DEFENDANTS AND THEIR IMMEDIATE FAMILIES, CURRENT AND FORMER DIRECTORS OR OFFICERS OF PLAYSTUDIOS OR ACIES; ANY ENTITY THAT HAS ENTERED INTO A STOCKHOLDER AGREEMENT OR CO-VENTURE AGREEMENT WITH PLAYSTUDIOS, OR WAS A PRIVATE INVESTMENT IN PUBLIC EQUITIES INVESTOR IN PLAYSTUDIOS; ANY ENTITY CONTROLLED, MAJORITY-OWNER OR WHOLLY OWNED, OR AFFILIATED WITH ANY OF THE ABOVE. (ALSO EXCLUDED FROM THE SETTLEMENT CLASS ARE THOSE PERSONS WHO FILE VALID AND TIMELY REQUESTS FOR EXCLUSION IN ACCORDANCE WITH THE COURT’S ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT.)
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU MUST COMPLETE AND SUBMIT THIS PROOF OF CLAIM AND RELEASE FORM (“PROOF OF CLAIM AND RELEASE FORM”) IN ORDER TO BE ELIGIBLE FOR ANY SETTLEMENT BENEFITS. YOU CAN COMPLETE AND SUBMIT THE ELECTRONIC VERSION OF THIS PROOF OF CLAIM AND RELEASE FORM BY 11:59 P.M. EST ON SEPTEMBER 2, 2025.
SUBMISSION OF A PROOF OF CLAIM DOES NOT ASSURE THAT YOU WILL SHARE IN THE PROCEEDS OF THE SETTLEMENT.
1. I (we) purchased PLAYSTUDIOS, Inc. (“Playstudios”) common stock during the Class Period; purchased or otherwise acquired Playstudios common stock pursuant to or traceable to the Proxy/Registration Statement; or was (were) solicited to approve the merger between Playstudios and Acies and exchanged publicly listed Acies shares for Playstudios common stock rather than redeeming the same pursuant to the Proxy/Registration statement; or purchased or otherwise acquired Playstudios common stock between August 11, 2021 and May 5, 2022; and as to any of the foregoing was (were) allegedly damaged thereby. (Do not submit this Proof of Claim and Release Form if you (a) did not purchase Playstudios common stock between August 11, 2021 and May 5, 2022, (b) did not purchase or otherwise acquire Playstudios common stock pursuant to or traceable to the Proxy/Registration statement, or (c) did not exchange publicly listed Acies shares for Playstudios common stock rather than redeeming the same pursuant to the Proxy/Registration Statement.)
2. By submitting this Proof of Claim and Release Form, I (we) state that I (we) believe in good faith that I am (we are) a Settlement Class Member(s) as defined above and in the Notice of Pendency and Proposed Settlement of Class Action (the “Notice”), or am (are) acting for such person(s); that I am (we are) not a Defendant in the Action or anyone excluded from the Settlement Class; that I (we) have read and understand the Notice; that I (we) believe that I am (we are) entitled to receive a share of the Net Settlement Fund, as defined in the Notice; that I (we) elect to participate in the proposed Settlement described in the Notice; and that I (we) have not filed a request for exclusion. (If you are acting in a representative capacity on behalf of a Settlement Class Member [e.g., as an executor, administrator, trustee, or other representative], you must submit evidence of your current authority to act on behalf of that Settlement Class Member. Such evidence would include, for example, letters testamentary, letters of administration, or a copy of the trust documents.)
3. I (we) consent to the jurisdiction of the Court with respect to all questions concerning the validity of this Proof of Claim and Release Form. I (we) understand and agree that my (our) claim may be subject to investigation and discovery under the Federal Rules of Civil Procedure, provided that such investigation and discovery shall be limited to my (our) status as a Settlement Class Member(s) and the validity and amount of my (our) claim. No discovery shall be allowed on the merits of the Action or Settlement in connection with processing of the Proof of Claim and Release Form.
4. I (we) have set forth where requested below all relevant information with respect to each purchase of Playstudios, and each sale, if any, of such common stock. I (we) agree to furnish additional information to the Claims Administrator to support this claim if requested to do so.
5. I (we) have enclosed photocopies of the stockbroker’s confirmation slips, stockbroker’s statements, or other documents evidencing each purchase and sale of Playstudios listed below in support of my (our) claim. (IF ANY SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN A COPY OR EQUIVALENT DOCUMENTS FROM YOUR BROKER OR TAX ADVISOR BECAUSE THESE DOCUMENTS ARE NECESSARY TO PROVE AND PROCESS YOUR CLAIM.)
6. I (we) understand that the information contained in this Proof of Claim and Release Form is subject to such verification as the Claims Administrator may request or as the Court may direct, and I (we) agree to cooperate in any such verification. (The information requested herein is designed to provide the minimum amount of information necessary to process most simple claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your Recognized Loss. In some cases, the Claims Administrator may condition acceptance of the claim based upon the production of additional information).
7. Upon the occurrence of the Court’s approval of the Settlement, as detailed in the Notice, I (we) agree and acknowledge that my (our) signature(s) hereto shall effect and constitute a full and complete release, remise and discharge by me (us) and my (our) heirs, representatives, affiliates, trustees, joint tenants, tenants in common, beneficiaries, executors, administrators, predecessors, successors, attorneys, insurers and assigns (or, if I am (we are) submitting this Proof of Claim and Release Form on behalf of a corporation, a partnership, estate or one or more other persons, by it, him, her or them, and by its, his, her or their heirs, executors, administrators, predecessors, successors, and assigns) of each of the “Released Parties” of all “Released Claims,” as those terms are defined below.
8. Upon the occurrence of the Court’s approval of the Settlement, as detailed in the Notice, I (we) agree and acknowledge that my (our) signature(s) hereto shall effect and constitute a covenant by me (us) and my (our) heirs, representatives, affiliates, trustees, joint tenants, tenants in common, beneficiaries, executors, administrators, predecessors, successors, attorneys, insurers and assigns (or, if I am (we are) submitting this Proof of Claim and Release Form on behalf of a corporation, a partnership, estate or one or more other persons, by it, him, her or them, and by its, his, her or their heirs, executors, administrators, predecessors, successors, and assigns) to permanently refrain from prosecuting or attempting to prosecute any Released Claims against any of the Released Parties.
9. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
10. “Released Parties” means (i) each Defendant; (ii) the immediate family members of the Individual Defendants; (iii) direct or indirect parent entities, direct and indirect subsidiaries, related entities, and affiliates of Playstudios or Acies; (iv) any trust of which any Individual Defendant is the settlor or which is for the benefit of any Individual Defendant and/or his or her immediate family members; (v) for any of the persons or entities listed in parts (i) through (iv), as applicable, their respective past, present, and future general partners, limited partners, principals, shareholders, joint venturers, officers, directors, managers, managing directors, supervisors, employees, contractors, consultants, experts, auditors, accountants, financial advisors, insurers, reinsurers, indemnitors, trustees, trustors, agents, attorneys, predecessors, successors, assigns, heirs, executors, administrators, estates, and any controlling person thereof; and (vi) any entity in which a Defendant has a controlling interest; all in their capacities as such.
11. “Released Claims” means all claims, actions, causes of action, demands, losses, rights, duties, obligations, debts, sums of money, suits, contracts, agreements, judgments, matters, issues, promises, damages and liabilities of every nature and description, whether known claims or Unknown Claims, contingent or absolute, mature or not mature, liquidated or unliquidated, accrued or not accrued, concealed or hidden, regardless of legal or equitable theory, and whether direct, class, or individual in nature, whether arising under federal, state, common or foreign law, that Plaintiffs, any other Settlement Class Member, or any other Releasing Plaintiffs’ Party: (i) asserted in the Action; (ii) could have asserted in the Action, or in the future can or might assert in the Action, or in any forum, that arise out of, are based upon, or relate to any of the allegations, transactions, facts, matters or occurrences, representations, statements or omissions involved, set forth, or referred to in the Action, including any previous complaint in the Action; or (iii) that relate to the purchase, or other acquisition of PLAYSTUDIOS’ publicly traded securities, including by way of exchange in PLAYSTUDIOS’ merger with Acies, or the solicitation to approve the merger and to retain rather than redeem Acies shares pursuant to the Proxy/Registration Statement. Released Claims shall not include (i) any claims relating to the enforcement of the settlement; and (ii) any claims of any person or entity who or which submits a request for exclusion from the Settlement Class that is accepted by the Court. Released Claims include Unknown Claims (as defined below), notwithstanding California Civil Code § 1542 or any other similar provision of law.
12. “Unknown Claims” means any and all Released Claims that any Plaintiff or any Settlement Class Member does not know or suspect to exist in his, her, or its favor at the time of the release of the released persons, which if known by him, her or it might have affected his, her or its settlement with and release of the Released Parties or might have affected his, her or its decision not to object to the Settlement or not to exclude himself, herself or itself from the Settlement Class. With respect to any and all Released Claims, Plaintiffs and every member of the Settlement Class expressly waive, and by operation of the final judgment shall be deemed to have waived, to the fullest extent permitted by law, any and all provisions, rights and benefits conferred by California Civil Code § 1542 (to the extent applicable), and any law of any state or territory of the United States, or principle of common law, or the law of any foreign jurisdiction, that is similar, comparable or equivalent to California Civil Code § 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her 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.
Plaintiffs and Settlement Class Members may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of the Released Claims, but Plaintiffs shall expressly settle and release and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, disclosed or undisclosed, matured or unmatured, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts.
13. I (We) acknowledge that the inclusion of “Unknown Claims” in the definition of claims released pursuant to the Stipulation was separately bargained for and is a material element of the Settlement of which this release is a part.
14. NOTICE REGARDING INSTITUTIONAL FILERS: Representatives with authority to file on behalf of (a) accounts of multiple Settlement Class Members and/or (b) institutional accounts with large numbers of transactions (“Representative Filers”) must submit information regarding their transactions in an electronic spreadsheet format. If you are a Representative Filer, you must contact the Claims Administrator at 877-307-6170 or visit their website at www.PlaystudiosSecuritiesLitigation.com to obtain the required file layout. Claims which are not submitted in electronic spreadsheet format and in accordance with the Claims Administrator’s instructions may be subject to rejection. All Representative Filers MUST also submit a manually signed Proof of Claim and Release Form, as well as proof of authority to file (see Item 2 of the Claimant’s Statement), along with the electronic spreadsheet format. No claims submitted in electronic spreadsheet format will be considered to have been properly submitted unless the Claims Administrator issues to the Claimant a written acknowledgment of receipt and acceptance of electronically submitted data.
15. NOTICE REGARDING ONLINE FILING: Claimants who are not Representative Filers may submit their claims online using the electronic version of the Proof of Claim and Release Form hosted at www.PlaystudiosSecuritiesLitigation.com. If you are not acting as a Representative Filer, you do not need to contact the Claims Administrator prior to filing; you will receive an automated e-mail confirming receipt once your Proof of Claim and Release Form has been submitted. If you are unsure if you should submit your claim as a Representative Filer, please contact the Claims Administrator at info@PlaystudiosSecuritiesLitigation.com or 877- 307-6170. If you are not a Representative Filer, but your claim contains a large number of transactions, the Claims Administrator may request that you also submit an electronic spreadsheet showing your transactions to accompany your Proof of Claim and Release Form.
TERMS NOT DEFINED HEREIN HAVE THE SAME MEANING AS SET FORTH IN THE NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION (“NOTICE”) THAT ACCOMPANIES THIS PROOF OF CLAIM AND RELEASE AND THE STIPULATION OF SETTLEMENT, DATED AS OF MARCH 5, 2025. (THE “STIPULATION”).
IF YOU PURCHASED OR OTHERWISE ACQUIRED PLAYSTUDIOS, INC. (“PLAYSTUDIOS” OR THE “COMPANY”) COMMON STOCK (INCLUDING BY WAY OF EXCHANGE OF PUBLICLY-LISTED ACIES SHARES) PURSUANT TO OR TRACEABLE TO THE PROXY/REGISTRATION STATEMENT FILED BY THE COMPANY WITH THE SEC ON FORM S-4 ON FEBRUARY 16, 2021, AND AMENDED ON FORMS S-4/A ON MARCH 26, 2021, MAY 10, 2021, MAY 18, 2021, AND MAY 20, 2021, AND THE BODY OF WHICH WAS INCORPORATED INTO THE FINAL PROSPECTUS ON FORM 424(B)(3) FILED ON MAY 25, 2021 (HEREAFTER THE “PROXY/REGISTRATION STATEMENT”); WERE SOLICITED TO APPROVE THE MERGER BETWEEN PLAYSTUDIOS AND ACIES ACQUSITION CORP. (“ACIES”) AND EXCHANGED PUBLICLY LISTED ACIES SHARES FOR PLAYSTUDIOS CLASS A ORDINARY SHARES RATHER THAN REDEEMING THE SAME PURSUANT TO THE PROXY/REGISTRATION STATEMENT; OR PURCHASED OR OTHERWISE ACQUIRED PLAYSTUDIOS COMMON STOCK BETWEEN AUGUST 11, 2021 AND MAY 5, 2022, BOTH DATES INCLUSIVE (THE “10(b) CLASS PERIOD”); AND AS TO ANY OF THE FOREGOING WERE ALLEGEDLY DAMAGED THEREBY, YOU ARE A “SETTLEMENT CLASS MEMBER” AND YOU MAY BE ENTITLED TO SHARE IN THE SETTLEMENT PROCEEDS. (EXCLUDED FROM THE CLASS ARE DEFENDANTS AND THEIR IMMEDIATE FAMILIES, CURRENT AND FORMER DIRECTORS OR OFFICERS OF PLAYSTUDIOS OR ACIES; ANY ENTITY THAT HAS ENTERED INTO A STOCKHOLDER AGREEMENT OR CO-VENTURE AGREEMENT WITH PLAYSTUDIOS, OR WAS A PRIVATE INVESTMENT IN PUBLIC EQUITIES INVESTOR IN PLAYSTUDIOS; ANY ENTITY CONTROLLED, MAJORITY-OWNER OR WHOLLY OWNED, OR AFFILIATED WITH ANY OF THE ABOVE. (ALSO EXCLUDED FROM THE SETTLEMENT CLASS ARE THOSE PERSONS WHO FILE VALID AND TIMELY REQUESTS FOR EXCLUSION IN ACCORDANCE WITH THE COURT’S ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT.)
IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU MUST COMPLETE AND SUBMIT THIS PROOF OF CLAIM AND RELEASE FORM (“PROOF OF CLAIM AND RELEASE FORM”) IN ORDER TO BE ELIGIBLE FOR ANY SETTLEMENT BENEFITS. YOU CAN COMPLETE AND SUBMIT THE ELECTRONIC VERSION OF THIS PROOF OF CLAIM AND RELEASE FORM BY 11:59 P.M. EST ON SEPTEMBER 2, 2025.
Playstudios Securities Litigation
c/o A.B. Data, Ltd.
P.O. Box 173029
Milwaukee, WI 53217
Tel.: 877-307-6170
info@PlaystudiosSecuritiesLitigation.com
SUBMISSION OF A PROOF OF CLAIM DOES NOT ASSURE THAT YOU WILL SHARE IN THE PROCEEDS OF THE SETTLEMENT.
CLAIMANT’S STATEMENT
1. I (we) purchased PLAYSTUDIOS, Inc. (“Playstudios”) common stock during the Class Period; purchased or otherwise acquired Playstudios common stock pursuant to or traceable to the Proxy/Registration Statement; or was (were) solicited to approve the merger between Playstudios and Acies and exchanged publicly listed Acies shares for Playstudios common stock rather than redeeming the same pursuant to the Proxy/Registration statement; or purchased or otherwise acquired Playstudios common stock between August 11, 2021 and May 5, 2022; and as to any of the foregoing was (were) allegedly damaged thereby. (Do not submit this Proof of Claim and Release Form if you (a) did not purchase Playstudios common stock between August 11, 2021 and May 5, 2022, (b) did not purchase or otherwise acquire Playstudios common stock pursuant to or traceable to the Proxy/Registration statement, or (c) did not exchange publicly listed Acies shares for Playstudios common stock rather than redeeming the same pursuant to the Proxy/Registration Statement.)
2. By submitting this Proof of Claim and Release Form, I (we) state that I (we) believe in good faith that I am (we are) a Settlement Class Member(s) as defined above and in the Notice of Pendency and Proposed Settlement of Class Action (the “Notice”), or am (are) acting for such person(s); that I am (we are) not a Defendant in the Action or anyone excluded from the Settlement Class; that I (we) have read and understand the Notice; that I (we) believe that I am (we are) entitled to receive a share of the Net Settlement Fund, as defined in the Notice; that I (we) elect to participate in the proposed Settlement described in the Notice; and that I (we) have not filed a request for exclusion. (If you are acting in a representative capacity on behalf of a Settlement Class Member [e.g., as an executor, administrator, trustee, or other representative], you must submit evidence of your current authority to act on behalf of that Settlement Class Member. Such evidence would include, for example, letters testamentary, letters of administration, or a copy of the trust documents.)
3. I (we) consent to the jurisdiction of the Court with respect to all questions concerning the validity of this Proof of Claim and Release Form. I (we) understand and agree that my (our) claim may be subject to investigation and discovery under the Federal Rules of Civil Procedure, provided that such investigation and discovery shall be limited to my (our) status as a Settlement Class Member(s) and the validity and amount of my (our) claim. No discovery shall be allowed on the merits of the Action or Settlement in connection with processing of the Proof of Claim and Release Form.
4. I (we) have set forth where requested below all relevant information with respect to each purchase of Playstudios, and each sale, if any, of such common stock. I (we) agree to furnish additional information to the Claims Administrator to support this claim if requested to do so.
5. I (we) have enclosed photocopies of the stockbroker’s confirmation slips, stockbroker’s statements, or other documents evidencing each purchase and sale of Playstudios listed below in support of my (our) claim. (IF ANY SUCH DOCUMENTS ARE NOT IN YOUR POSSESSION, PLEASE OBTAIN A COPY OR EQUIVALENT DOCUMENTS FROM YOUR BROKER OR TAX ADVISOR BECAUSE THESE DOCUMENTS ARE NECESSARY TO PROVE AND PROCESS YOUR CLAIM.)
6. I (we) understand that the information contained in this Proof of Claim and Release Form is subject to such verification as the Claims Administrator may request or as the Court may direct, and I (we) agree to cooperate in any such verification. (The information requested herein is designed to provide the minimum amount of information necessary to process most simple claims. The Claims Administrator may request additional information as required to efficiently and reliably calculate your Recognized Loss. In some cases, the Claims Administrator may condition acceptance of the claim based upon the production of additional information).
7. Upon the occurrence of the Court’s approval of the Settlement, as detailed in the Notice, I (we) agree and acknowledge that my (our) signature(s) hereto shall effect and constitute a full and complete release, remise and discharge by me (us) and my (our) heirs, representatives, affiliates, trustees, joint tenants, tenants in common, beneficiaries, executors, administrators, predecessors, successors, attorneys, insurers and assigns (or, if I am (we are) submitting this Proof of Claim and Release Form on behalf of a corporation, a partnership, estate or one or more other persons, by it, him, her or them, and by its, his, her or their heirs, executors, administrators, predecessors, successors, and assigns) of each of the “Released Parties” of all “Released Claims,” as those terms are defined below.
8. Upon the occurrence of the Court’s approval of the Settlement, as detailed in the Notice, I (we) agree and acknowledge that my (our) signature(s) hereto shall effect and constitute a covenant by me (us) and my (our) heirs, representatives, affiliates, trustees, joint tenants, tenants in common, beneficiaries, executors, administrators, predecessors, successors, attorneys, insurers and assigns (or, if I am (we are) submitting this Proof of Claim and Release Form on behalf of a corporation, a partnership, estate or one or more other persons, by it, him, her or them, and by its, his, her or their heirs, executors, administrators, predecessors, successors, and assigns) to permanently refrain from prosecuting or attempting to prosecute any Released Claims against any of the Released Parties.
9. I (We) hereby warrant and represent that I (we) have not assigned or transferred or purported to assign or transfer, voluntarily or involuntarily, any matter released pursuant to this release or any other part or portion thereof.
10. “Released Parties” means (i) each Defendant; (ii) the immediate family members of the Individual Defendants; (iii) direct or indirect parent entities, direct and indirect subsidiaries, related entities, and affiliates of Playstudios or Acies; (iv) any trust of which any Individual Defendant is the settlor or which is for the benefit of any Individual Defendant and/or his or her immediate family members; (v) for any of the persons or entities listed in parts (i) through (iv), as applicable, their respective past, present, and future general partners, limited partners, principals, shareholders, joint venturers, officers, directors, managers, managing directors, supervisors, employees, contractors, consultants, experts, auditors, accountants, financial advisors, insurers, reinsurers, indemnitors, trustees, trustors, agents, attorneys, predecessors, successors, assigns, heirs, executors, administrators, estates, and any controlling person thereof; and (vi) any entity in which a Defendant has a controlling interest; all in their capacities as such.
11. “Released Claims” means all claims, actions, causes of action, demands, losses, rights, duties, obligations, debts, sums of money, suits, contracts, agreements, judgments, matters, issues, promises, damages and liabilities of every nature and description, whether known claims or Unknown Claims, contingent or absolute, mature or not mature, liquidated or unliquidated, accrued or not accrued, concealed or hidden, regardless of legal or equitable theory, and whether direct, class, or individual in nature, whether arising under federal, state, common or foreign law, that Plaintiffs, any other Settlement Class Member, or any other Releasing Plaintiffs’ Party: (i) asserted in the Action; (ii) could have asserted in the Action, or in the future can or might assert in the Action, or in any forum, that arise out of, are based upon, or relate to any of the allegations, transactions, facts, matters or occurrences, representations, statements or omissions involved, set forth, or referred to in the Action, including any previous complaint in the Action; or (iii) that relate to the purchase, or other acquisition of PLAYSTUDIOS’ publicly traded securities, including by way of exchange in PLAYSTUDIOS’ merger with Acies, or the solicitation to approve the merger and to retain rather than redeem Acies shares pursuant to the Proxy/Registration Statement. Released Claims shall not include (i) any claims relating to the enforcement of the settlement; and (ii) any claims of any person or entity who or which submits a request for exclusion from the Settlement Class that is accepted by the Court. Released Claims include Unknown Claims (as defined below), notwithstanding California Civil Code § 1542 or any other similar provision of law.
12. “Unknown Claims” means any and all Released Claims that any Plaintiff or any Settlement Class Member does not know or suspect to exist in his, her, or its favor at the time of the release of the released persons, which if known by him, her or it might have affected his, her or its settlement with and release of the Released Parties or might have affected his, her or its decision not to object to the Settlement or not to exclude himself, herself or itself from the Settlement Class. With respect to any and all Released Claims, Plaintiffs and every member of the Settlement Class expressly waive, and by operation of the final judgment shall be deemed to have waived, to the fullest extent permitted by law, any and all provisions, rights and benefits conferred by California Civil Code § 1542 (to the extent applicable), and any law of any state or territory of the United States, or principle of common law, or the law of any foreign jurisdiction, that is similar, comparable or equivalent to California Civil Code § 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her 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.
Plaintiffs and Settlement Class Members may hereafter discover facts in addition to or different from those which he, she or it now knows or believes to be true with respect to the subject matter of the Released Claims, but Plaintiffs shall expressly settle and release and each Settlement Class Member, upon the Effective Date, shall be deemed to have, and by operation of the Judgment shall have, fully, finally, and forever settled and released any and all Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, disclosed or undisclosed, matured or unmatured, whether or not concealed or hidden, which now exist, or heretofore have existed, upon any theory of law or equity now existing or coming into existence in the future, including, but not limited to, conduct which is negligent, intentional, with or without malice, or a breach of any duty, law or rule, without regard to the subsequent discovery or existence of such different or additional facts.
13. I (We) acknowledge that the inclusion of “Unknown Claims” in the definition of claims released pursuant to the Stipulation was separately bargained for and is a material element of the Settlement of which this release is a part.
14. NOTICE REGARDING INSTITUTIONAL FILERS: Representatives with authority to file on behalf of (a) accounts of multiple Settlement Class Members and/or (b) institutional accounts with large numbers of transactions (“Representative Filers”) must submit information regarding their transactions in an electronic spreadsheet format. If you are a Representative Filer, you must contact the Claims Administrator at 877-307-6170 or visit their website at www.PlaystudiosSecuritiesLitigation.com to obtain the required file layout. Claims which are not submitted in electronic spreadsheet format and in accordance with the Claims Administrator’s instructions may be subject to rejection. All Representative Filers MUST also submit a manually signed Proof of Claim and Release Form, as well as proof of authority to file (see Item 2 of the Claimant’s Statement), along with the electronic spreadsheet format. No claims submitted in electronic spreadsheet format will be considered to have been properly submitted unless the Claims Administrator issues to the Claimant a written acknowledgment of receipt and acceptance of electronically submitted data.
15. NOTICE REGARDING ONLINE FILING: Claimants who are not Representative Filers may submit their claims online using the electronic version of the Proof of Claim and Release Form hosted at www.PlaystudiosSecuritiesLitigation.com. If you are not acting as a Representative Filer, you do not need to contact the Claims Administrator prior to filing; you will receive an automated e-mail confirming receipt once your Proof of Claim and Release Form has been submitted. If you are unsure if you should submit your claim as a Representative Filer, please contact the Claims Administrator at info@PlaystudiosSecuritiesLitigation.com or 877- 307-6170. If you are not a Representative Filer, but your claim contains a large number of transactions, the Claims Administrator may request that you also submit an electronic spreadsheet showing your transactions to accompany your Proof of Claim and Release Form.