DaniBlack

1. Eligibility: The daniblack wardrobe give away is open only to legal residents of the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old at the time of entry. Void where prohibited. Employees, officers and representatives of Schwartz & Benjamin, ECcommerce Partners, Inc, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Give Away Game is subject to all applicable federal, state and local laws and regulations. Participation in the Give Away Game constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Give Away Game. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: Schwartz & Benjamin 20 West 57th Street, New York, NY 10019 Administrator: ECommerce Partners, Inc, 59 Franklin Street, New York, NY 10013.
3. Timing: The Give Away Game begins on February 14, 2008 at 12:00 a.m. Eastern Time ("ET") and ends on May 4, 2008 at 11:59 p.m. ET (the "Promotion Period"). For the purposes of this Give Away Game, a week is defined as beginning at 12:00 a.m. ET each Wednesday and ending at 11:59 p.m. the following Tuesday, except for the last week of the Promotion which will begin at 12:00 a.m. ET Wednesday, April 30, 2008, and end at 11:59 p.m. ET Sunday, May 4, 2008. Administrator's computer is the official time keeping device for the Give Away Game.
4. How to Enter: Visit http://www.daniblack.com and follow the links and instructions to complete the registration form. Complete and submit the registration form, including a valid email address. Once you submit the form, you will automatically receive one (1) Give Away Game play for the day. Follow the directions to advance to the Give Away Game page and play the Give Away Game. Potential winners of the Give Away Game will be provided directions for validation. All potential winners are subject to verification before any prize will be awarded. Administrator is responsible for the functionality of the Give Away Game. Limit: Participant may play (1) time per day during the Promotion Period. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of plays by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's plays and that entrant may be disqualified.

   Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

5. ALL POTENTIAL WINNING PLAYS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHOSE DECISIONS ARE FINAL AND BINDING. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE GIVE AWAY GAME SHOULD SO INDICATE, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING PLAY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY AND IS VOID AND WILL NOT BE HONORED.
6. Give Away Game Prize Selection and Verification of Potential Winners: All selected potential winners must comply with all terms and conditions of these Official Rules, and all winnings are contingent upon fulfilling all requirements. A random drawing to select winner(s) will be held on or about May 10, 2008, from among all eligible entries received. Decisions of judges are final and binding. Winner will be notified either via phone, e-mail or postal mail within ten (10) days after the drawing is held. Odds of being selected will depend upon the total number of eligible entries received.
7. Prizes ONE (1) GRAND PRIZE: A hand picked selection of the best 2008 fall season shoes from the daniblack line. TWO (2) FRIST PRIZES of tickets for two (2) to the daniblack Ecommerce Site Launch Party in New York, NY. Approximate Retail Value ("ARV"): $200.
8. Publicity: Except where prohibited, participation in the Give Away Game constitutes winner's consent to Sponsor's use of winner's name, likeness, photograph, voice, opinions, biographical information, hometown and state for promotional purposes in any media without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the Give Away Game if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Give Away Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Give Away Game or to be acting in violation of these Official Rules or any other Promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Give Away Game is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Release: By receipt of any prize, winner agrees to release and hold harmless Schwartz & Benjamin, ECommerce Partners, Inc., and any promotional partners, each of their parent, subsidiary, affiliate and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the "Released Parties") from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Give Away Game or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Give Away Game, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy.
11. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Give Away Game; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Give Away Game; (4) technical or human error which may occur in the administration of the Give Away Game or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Give Away Game or receipt or use of any prize or while traveling to or from any prize-related activity. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Give Away Game; provided that if it is not possible to award another entry due to discontinuance of the Give Away Game for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims.
12. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Give Away Game or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court of New York or the appropriate New York State Court located in New York, NY (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Give Away Game but in no event attorneys' fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Give Away Game, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. Entrant's Personal Information: Information collected from entrants is subject to the Ecommerce Partners Privacy Policy and the Sponsor's Privacy Policy.
14. Winner List: Win List Requests will only be accepted between May 4, 2008-May 11, 2008.For the winner list, send an email with Subject Line: "daniblack, Winner List Request", to WinListRequests@daniblack.com.

PRIVACY POLICY

daniblack takes very seriously the private nature of your personal information. This Privacy Policy describes how we treat the information we collect when you visit our Web site and/or register for your shoe-fix. Please read this notice carefully. We take this matter very seriously, and have instituted many policies and procedures to insure that none of your privacy rights as stated herein are ever violated. At daniblack we safeguard and protect your privacy, while providing you with a unique and rewarding digital shopping experience. By visiting daniblack, you are agreeing to the policies detailed below.

Communicating with us

When you send an email to daniblack or visit the web site, you are communicating with us electronically. When you send an email to daniblack, you consent to receive communications from us electronically in response. Please note that this does not constitute opting in to our email or direct mail lists. daniblack may communicate with you by email, by updating or posting notices on the web site. You agree that all agreements, notices, disclosure and other communications that daniblack provides to you electronically satisfy any legal requirement that such communication be in writing. All communications with daniblack become the property of daniblack.

What information does daniblack collect?

In order to serve you better, daniblack collects and stores your personal information when you: (i) create an account on daniblack; (ii) sign up to be notified of special deals like discounts and exclusive offers; or (iii) enter a contest or promotion on our site. An account is created when you do one of following things: make a purchase on daniblack, create a profile on daniblack, or register for an account on daniblack, or enter certain daniblack sweepstakes. When creating an account, we ask you for your first and last name, your e-mail address, a password, and perhaps some other similar information. If you are making a purchase, we will additionally ask you for your billing address, shipping address, and credit card information.

Our system also may gather information about the areas you visit on our site as well as the IP address you use to connect to our site. We may use this data internally only for 2 reasons: 1) to personalize your experience on daniblack.com and the marketing materials you receive from daniblack or 2) to prevent fraud on your account. We would not share any of this data on an individual basis (we may share it in an aggregate form without personal identifiers) with any outside company other than perhaps consultants or service providers of daniblack who were assisting daniblack in serving you better. Of course, to the extent that we would ever share any of that information with a consultant or service provider, we would only do so if that party agreed to protect your private information by adopting a privacy policy at least as stringent as our own. We do use navigational information both in the aggregate and on an individual basis to understand how our visitors use daniblack so that we can make our site better. We do not keep track of where you go on the World Wide Web outside of daniblack.com.

What does daniblack do with personal information?

Your information is used to process your orders and personalize your shopping experience on daniblack, for internal purposes and to comply with any legal requirements. By storing your personal information on a dedicated secure server, daniblack is able to shorten your checkout process and allow you to check your order status online.

At daniblack, we also review what kinds of styles appeal most to our customers as a group. This statistical information helps us improve our offering in the same way that other companies change their catalog based on what sells best. We may also use information about the kinds of styles you buy from daniblack to make other marketing offers to you. Of course, you always have the option to opt-out from receiving such offers (for instructions on how to opt-out, please see below).

How does daniblack safeguard my personal information?

Daniblack has implemented a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information supplied by you is transmitted via Secure Socket Layer (SSL) technology and securely stored in daniblack's database.

Does daniblack provide a way to update or remove personal information?

daniblack provides a my account feature on our website which allows you to modify and/or remove most of your personal information. This page can be accessed by clicking the my account link at the bottom of every page on the site. Rest assured that all of your information within my account is secure and accessible only by you or limited daniblack personnel.

How does daniblack use my e-mail address?

Your e-mail address is used to create and identify your account on daniblack. Your e-mail address is also used by daniblack to correspond with you about any orders that you may place or to notify you with the results of any contests you may have entered. We may also use your e-mail address to notify you about important functionality changes to the Web site, new daniblack services and special offers and promotions we think you'll find valuable. If you would rather not receive this information, or would like to opt-out of receiving e-mail of this kind, simply click on the "Unsubscribe" link that appears at the bottom of any email and follow the simple instructions to have your email address removed from the list of customers who receive notices of new functionality, services, special offers and promotions.

Alternately, if you have created an account with daniblack, you can also remove your email address from our list of addresses that receive information about new products, styles, service, sales and promotions by clicking on the "my account" button that appears on most every page of our Web site, logging into your account, clicking on the "edit preferences" button, and making the appropriate change.

Use of "cookies"

A cookie is a small piece of information sent by a web site that is saved on your hard disk by your computer's browser. The cookie holds information a site may need to personalize your experience and to gather web site statistical data, such as which pages are visited, the internet provider's domain name and country that our visitors come from (e.g. "aol.com" or "msn.com") and the addresses of the sites visited immediately before coming to and immediately after leaving daniblack.com. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets us trace your "clickstream" activity (i.e., the paths take by visitors to our site as they move from page to page). Cookies do not capture your individual email address or any private information about you.

daniblack may use third-party advertising companies to serve ads on our web site as well as third party companies to provide tracking and analysis of information and data collected from visitors to our web site. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous and daniblack reserves the right to provide that information and data to these third parties.

To browse without cookies, you can configure your browser to reject all cookies, or to notify you when a cookie is set. Each browser is different so check the "Help" menu of your browser to learn how to change your cookie preferences. Even without accepting a cookie, you can still access most of the features on daniblack.

Removing your name from our direct mail or email list

To have your email address removed from our list of addresses that receive information about new products, service, sales and promotions, simply click on the "Unsubscribe" link that appears at the bottom of any email and follow the simple instructions. Alternately, if you have created an account with daniblack, you can also remove your email address from our list of addresses that receive information about new products, service, sales and promotions by clicking on the "my account" button that appears on most every page of our Web site, logging into your account, clicking on the "edit preferences" button, and making the appropriate change.