The Draft N' Drag Web site ("draftndrag.com" or this "Site") is owned and operated by Peacock Nine, LLC ("Peacock Nine"), a full-service market research firm. Draft N' Drag® is a registered service mark of Peacock Nine.

TERMS & CONDITIONS OF USE

Use of draftndrag.com and participation in the Draft N' Drag online market research survey reward points program (the "Program") is governed by these terms and conditions (these "Terms and Conditions") and by the Draft N' Drag privacy policy posted on the Site and incorporated herein (the "Privacy Policy"). These Terms and Conditions and the Privacy Policy (collectively, the "Agreement") may be updated and amended from time to time, as set forth below. Please take a few moments to review the Agreement. Users of this Site and who participate in the Program must agree to be bound by the Agreement in order to access this Site and participate in the Program and other Draft N' Drag research projects and programs.

There are only two criteria for membership in the Draft N' Drag online community and to participate in the Program. First, each Site member (each a "Member") must be at least eighteen (18) years of age at the time of registration and capable of entering into a legally binding agreement. Second, a prospective Member may not register if he or she or any member of his or her household is employed by Peacock Nine, Draft N' Drag, an affiliate of either, or any other market research company.

1. How Do the Draft N' Drag Online Community and the Program Work?

The Draft N' Drag online community consists of two principal groups in addition to Draft N' Drag itself.

• a. Clients. Clients are companies that hire Draft N' Drag to conduct market research on their behalf. Generally Draft N' Drag prepares a market research instrument, or questionnaire, to a Client's specifications. From time to time, Clients provide their own questionnaires and/or lists of respondents to be contacted.
  
  
• b. Members. By participating in the Program, Members provide their opinions on a variety of Client products and services. In exchange for their time and input, Members may receive incentives, including, without limitation, reward points which may be redeemed for merchandise, gift certificates, discounts or other items at draftndrag's discretion ("Points"), cash payments and/or sweepstakes prizes (collectively, "Incentives"). Members elect to join the Draft N' Drag online community either by (i) visiting this Site and completing an online registration form which must include the Member's agreement and assent to the Agreement, or (2) by participating in a Client-sponsored survey administered by this Site and agreeing afterwards to participate in additional Draft N' Drag programs, either of which must also include the Member's agreement and assent to the Agreement. Membership is completely voluntary, and Members may choose to "unsubscribe" at any time. (For a discussion of draftndrag.com's opt-out policy, see Section 5 below.)

Earned Points will be posted to an applicable Member's Draft N' Drag account. Whenever Points in a Member's account are redeemed by the Member for items or forfeited for any reason, the Points allotment in such Member's account will be immediately reduced accordingly. Some items obtained for redeemed Points may be subject to separate and additional terms and conditions. Members who believe they have earned Points but whose accounts have not been accordingly credited with such Points within sixty (60) days of such Member's activity in the Program that was eligible for earning Points may contact Draft N' Drag at points@draftndrag.com. Draft N' Drag will make the final decision regarding any Points disputes. Draft N' Drag will determine the expiration date of any Points at its sole discretion. Notwithstanding the foregoing, any Member's account that is inactive for at least one (1) year will be terminated by Draft N' Drag and all Points remaining in such terminated account will be forfeited in their entirety. Members who repeat surveys will not be rewarded with additional Points. All taxes or expenses, including, without limitation, sales tax, luxury tax and any other costs incurred in redeeming a Member's Points or using any of the merchandise, gift certificates or other items obtained by a Member with redeemed Points, are the sole responsibility of Member. Members should consult with their tax advisors regarding their tax liability with respect to their receipt of Incentives. Points are non-transferable in any fashion and have no monetary value unless expressly stated otherwise by Peacock Nine or draftndrag. Any transferred Points are void. Members may be required to provide their Social Security number to Draft N' Drag for tax reporting purposes at the time such Members redeem their Points.

Once a survey questionnaire (or other market research instrument) has been created, Draft N' Drag invites Members whose profiles match the Client's requirements to participate. Such invitations provide available details with respect to the survey's subject matter, the time typically required to complete the questionnaire, and the Incentive offered as consideration for each Member's participation. Members elect whether to participate in particular surveys. Declining to participate in one or more surveys does not affect a Member's eligibility to participate in future surveys.

Once all responses to a particular questionnaire have been collected, Draft N' Drag aggregates and analyzes the data. We provide the anonymous market research results to the Client. Such data is frequently used by key decision makers to guide the development and design of new products and services.

Please note: Members must access this Site from computers in the United States or its Territories. No data from other respondents will be aggregated in our final reports to Clients, and no Incentives will be awarded to any other respondents.

2. Use Of This Site

Pursuant to these Terms and Conditions, Members may access this Site solely for their personal, noncommercial use. Any other proposed use requires Draft N' Drag's prior written consent. (See contact information in Section 19 below.)

3. Member Commitment

In exchange for the opportunity to voice their opinions and earn Incentives, Members must: (a) provide complete and accurate information about themselves and their households as requested during the registration process ("Profile Information") or (b) permit Draft N' Drag to obtain such information from Clients who introduce prospective Members to draftndrag. In addition, Members must (c) confirm their Profile Information upon draftndrag's request or (d) update such information whenever changes occur.

4. Registration and Passwords

If you access this Site anonymously as a visitor, you will not be required to provide identifiable personal information. However, in order to access certain content on this Site, such as surveys, you will be required to register as a Draft N' Drag Member. You must provide truthful information when registering, and you must maintain and promptly update your registration data to keep such information true, accurate, current and complete. You may not use an alias or any other means to disguise your identity. Your email address will become your draftndrag.com username. Each Member account is limited to one (1) individual, and any individual is limited to holding only one (1) Member account. You will select your own password, which should be safeguarded at all times. Members are responsible for the security of their passwords and are solely liable for any use of this Site in connection with such passwords, whether such use is authorized or not.

5. Draft N' Drag Options and Easy Opt-Out Policies.

By becoming a Draft N' Drag member, Members agree to receive emails inviting to them participate in surveys. From time to time Members may also receive email newsletters that provide interesting survey results, new Draft N' Drag online community features, or contests running on this Site.

Draft N' Drag makes every effort to provide Members with maximum flexibility and control over their participation in the Draft N' Drag online community. Whenever possible, Draft N' Drag provides a link at the bottom of each email it sends permitting Members to opt out of future mailings and survey invitations. If a Member elects to opt out of mailings, that Member's account will be deactivated and his or her Membership terminated. Any reward points remaining in the affected account will be forfeited automatically.

A Member who wishes to opt out at any time can log into this Site and click the "unsubscribe" tab. Alternatively, a Member can send an email to help@draftndrag.com with the word "unsubscribe" in the subject line. Draft N' Drag will retain that Member's Profile Information in its "unsubscribe" database to ensure that we do not contact that Member in the future.

Please note that it may take a week or more to fully process an "unsubscribe" request. Consequently, a Member who has opted out may continue to receive Draft N' Drag emails during processing.

6. Intellectual Property.

All right, title and interest in and to this Site, including, without limitation, all text and survey questionnaires, screen displays, graphics, audio, video, photographs, software, logos, trademarks, service marks, software or any other material that can be perceived, reproduced or otherwise communicated, either directly or with the aid of a machine or device (collectively, the "Content"), are the intellectual property of Peacock Nine. Except as expressly authorized by these Terms and Conditions or with the prior written consent of Peacock Nine, Members are prohibited from reproducing the Content, distributing copies of the Content, modifying the Content or creating derivative works therefrom, or displaying the Content in electronic or any other format now known or hereafter invented. As a condition of participating in any Draft N' Drag market research, Members will be asked to assign to Peacock Nine all right, title, and interest, including, without limitation, copyright, in their market research responses.

7. Unauthorized Use by Members.

Members are prohibited from using "spiders," "robots" or other automated data-mining techniques to catalog, download, store or otherwise reproduce or distribute the Content. Members are prohibited from manipulating the results of any panel, poll, survey or sweepstakes on this Site. Members are prohibited from taking any action that interferes with this Site or any other Member's access to or use of this Site, including, without limitation, "overloading," "flooding," "mailbombing" or "crashing" this Site.

Members are prohibited from sending unsolicited emails, including promotions and/or advertising of products or services, through this Site, or masking their true identities in any email or posting. Members are prohibited from framing portions of this Site within other Web sites, altering the appearance of this Site or establishing links from other Web sites to any page on this Site other than the home page. Members are also prohibited from posting or transmitting any threatening, libelous, defamatory, obscene, scandalous or inflammatory materials or any materials that otherwise violate any federal, state or local law or regulation. Draft N' Drag will cooperate fully with any law enforcement authority or court order requesting or directing Draft N' Drag to disclose the identity of anyone alleged to have posted any such unlawful materials.

8. Sweepstakes and Promotions.

From time to time Draft N' Drag may offer Incentives, as defined in Section 1(b) above, as consideration for Members' participation in market research on this Site. All such consideration may be subject to any additional terms and conditions, rules, guidelines or agreements that are provided in connection with the applicable market research instrument.

9. Third-Party Information.

This Site may contain information about the products or services of Clients or other third parties. All such information is provided for informational purposes only. Draft N' Drag exerts no editorial control over such materials. The views and opinions expressed on this Site by others are not necessarily those of draftndrag. This Site may also provide links to Web sites that are not owned or maintained by draftndrag. The availability of any link to any third-party material shall not constitute an endorsement of such material by draftndrag. Draft N' Drag does not independently verify the business practices of such third parties and makes no warranties or representations on their behalf. When you link to other Web sites, we encourage you to read the applicable terms and conditions.

10. Communications with Peacock Nine and draftndrag.

Except as expressly provided in this Agreement, all information that Members transmit to Draft N' Drag by email or otherwise, including, without limitation, data, questions, comments and market research responses, will be treated as nonconfidential and nonproprietary. Such information may be used by Peacock Nine, Draft N' Drag or their affiliates for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting; provided, however, that no such use will ever include divulging the identifiable personal information of any Member, except as expressly provided in this Agreement. Peacock Nine and Draft N' Drag are free to use any ideas, concepts, know-how or techniques contained in any Member communication without compensation to such Member.

11. Privacy.

Draft N' Drag respects each Member's privacy. For further information about how we use information collected from Members, please refer to our Privacy Policy.

12. DISCLAIMER.

THE PROGRAM IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. draftndrag.COM, ITS CONTENT, SERVICES AND THE PROGRAM ARE PROVIDED "AS IS." PEACOCK NINE AND Draft N' Drag MAKE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR DO PEACOCK NINE OR Draft N' Drag WARRANT THAT THIS SITE, THEIR SERVICES OR THE PROGRAM WILL BE UNINTERRUPTED OR FREE OF ERROR, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL PEACOCK NINE, DRAFT N' DRAG OR THEIR AFFILIATES BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR DISCONTINUANCE OR MODIFICATION OF THE PROGRAM, FORFEITURE OF POINTS, OR MODIFICATION OF THE AGREEMENT, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEACOCK NINE AND DRAFT N' DRAG ARE NOT LIABLE, EITHER DIRECTLY OR INDIRECTLY, WITH RESPECT TO ANY THIRD-PARTY MATERIALS ACCESSED THROUGH THE DRAFTNDRAG.COM WEBSITE OR ANY DRAFT N' DRAG SURVEY.

13. Changes.

The Program, all Content and the terms and conditions of the Agreement are subject to change at any time without prior notice. Further, Peacock Nine may adjust Point levels, in part or in their entirety for any reason at its sole discretion and with or without prior notice, including, without limitation, withdrawing, limiting, modifying or canceling item redeemable for Points, and modifying the number of Points required to obtain any item. Any material change to draftndrag's information-handling process or membership benefits will be posted on this Site and will become effective immediately upon such posting. Accordingly, Members and others should check the Terms and Conditions page frequently for announcements of such changes. Continued access to this Site after such changes have been posted conclusively demonstrates acceptance by Members and others of such changes.

14. Indemnification and Release.

As a Member, you will and hereby do indemnify, defend and hold harmless Peacock Nine, its members, officers, employees, affiliates, agents and representatives from and against any and all third-party claims, demands, liabilities, costs or expenses, including, without limitation, reasonable attorneys' fees, arising from, or related to, any breach by you of any of these Terms and Conditions. Further, Member releases Peacock Nine, Draft N' Drag, their affiliates and their directors, officers, employees and agencies from any and all liability for injuries, losses, tax liabilities or damages of any kind arising from Member's participation in the Site or in the Program or resulting from acceptance, possession, use or misuse of any Points, items obtained for Points, or Incentives.

15. Termination of Membership; Forfeiture of Points.

Draft N' Drag in its sole discretion may terminate the membership of any Member or terminate the Program at any time, for any or no reason, and without notice. Notwithstanding the foregoing, Draft N' Drag will terminate the membership of any Member if, without limitation, it becomes apparent that the Member has failed to abide by the Agreement, has perpetrated a fraud, e.g., has completed a single survey more than one time in order to receive extra Incentives or has posted a link on the Internet that allows non-Members to participate in surveys. In addition, the posting by a Member of lewd comments or any other prohibited materials will result in termination. Further, if a Member is found to have done any of the foregoing, all Points in a terminated Member's account will be forfeited by the terminated Member and such terminated Member will be forbidden to further participate in the Program. Member may use Points only as long as Member's membership is active.

16. Severability.

If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future law effective during the term of an applicable Member's membership, such provision shall be fully severable and the Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision never comprised a part hereof, and the remaining provisions hereof shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom.

17. No Waiver.

No waiver by Draft N' Drag of any provision of these Terms and Conditions shall be deemed to be or construed as a further or continuing waiver of any such provision.

18. Governing Law.

The Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Illinois, without regard to the conflicts of law rules of such State. All disputes arising under or in connection with the Agreement will be adjudicated exclusively in the state or federal courts of Illinois. Members acknowledge that personal jurisdiction and venue shall be proper in such courts and expressly consent to such exclusive jurisdiction and venue.

19. Contact Us.

If you have any questions regarding these Terms and Conditions, you may contact us by email at help@draftndrag.com, by mail at 908 W. Fullerton, Chicago, IL 60614, or by telephone at 1-312-664-4433.

This agreement is effective as of June 17, 2005.