GIRL OF THE DAY - TERMS AND CONDITIONS

By entering, you agree to be bound by these contest rules and by these Content Submission Terms and Conditions.

Your entry will first be judged by TMFT Enterprises, LLC ("TMFT Enterprises", "we," "us") internally, for selection as Girl of the Day ("GOTD"). Such selection will be made based on your overall presentation, your answers to our entry questions, and the originality and sexiness of the pictures you submitted ("Content"). If you are selected as GOTD, you will be so notified within thirty (30) business days after receipt by TMFT Enterprises of your Content.

In the event that you are selected as GOTD as a result of the initial selection process, we will Purchase the Content for $50, and you will be featured as GOTD on Break.com, and entered into the second phase of the GOTD contest, all subject to the following conditions:

- You must submit proof of age satisfactory to TMFT Enterprises in its sole discretion.

- You must sign and return to us a hard copy of our Content Submission Terms and Conditions, a full release and any other documents we deem reasonably necessary in connection with our Purchase of the Content.

Each entry selected as GOTD will be judged by visitors to www.Break.com, using our user rating system. The GOTD that receives the highest user rating will win the contest.
  1. Dates of contest
    Begin: 12 am Pacific Standard Time, June 1, 2008
    Ends: 11:59pm Pacific Standard Time, July 10, 2008
  2. Eligibility
    To participate in this contest:
    • You must be a registered Break.com member.
    • You must include in your email three photographs of yourself and some personal information about yourself (Hobbies, turn-ons and your favorite Break.com clip).
    • You must be a female over 18 years of age. Employees of TMFT Enterprises, LLC or NextPoint, Inc., their parents, affiliates, subsidiaries, agents, advertising and promotion agencies, and their immediate families, or persons residing in their households are not eligible to participate.
  3. Prize
    The highest rated girl will receive $500
  4. Winner
    The winning GOTD will be notified via email, on July 15, 2008. The winner will be responsible for all applicable federal and state taxes relating to the prize and be required to complete an Affidavit of Eligibility and Liability and Publicity Release (where legal) and return the Affidavit by February 20, 2008, or an alternate winner will be selected. The prize will only be awarded to a winner who complies with the rules set forth herein.

    Odds of winning are based on the number of entries received.

    BY ENTERING, YOU RELEASE TMFT ENTERPRISES, LLC, ITS SPONSORS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND ADVISORS, FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY CAUSED BY OR RELATING TO ANY PRIZE OR RESULTING FROM ACCEPTANCE OF ANY PRIZE OR PARTICIPATION IN THE CONTEST, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

    TMFT Enterprises, LLC is not responsible for late, lost, damaged, postage due, or misdirected mail or for typographical errors in the printing of the offer, administration of the contest, in the announcement of the prizes or for failure of network servers, phone lines or other technical breakdowns of any kind whether human or mechanical.

    This contest is governed by and shall be construed under the laws of the State of California, without regard to conflict of laws provisions thereof. All federal, state and local laws apply and this contest is void where prohibited or restricted by such laws, including but not limited to jurisdictions with laws that would require registration, disclosure, filing, trust account, or posting of a bond, or any other requirements, that are not satisfied by these terms and conditions. If any provision of these rules is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these rules shall otherwise remain in full force and effect and enforceable to the fullest extent permitted by applicable law. We reserve the right, at our sole discretion, to disqualify any individual found tampering with the contest. If we determine, in our sole discretion, that the contest is compromised by virus, bug, robot entries, or other corruption of the administration, security, or proper play of this contest, then, at our sole discretion, we may cancel the contest in our discretion. In the event of a winner's non-compliance with any of these rules, the prize may be forfeited and awarded to an alternate winner. If the prize notification is returned as undeliverable or unclaimed, the prize will be forfeited and awarded to an alternate winner. By entering you agree to abide by and be bound by all of TMFT Enterprises, LLC's decisions relating to this contest, which are final and binding in all respects, including but not limited to TMFT Enterprises, LLC's determination of the winner. You waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to redeem said prize and any liability that might arise from redeeming or seeking to redeem said prize.

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    TO SUBMIT YOUR MATERIAL YOU MUST AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS FORM
    1. By submitting your photo or photos (collectively, "Content") to www.Break.com, you are granting TMFT Enterprises LLC, a Delaware limited liability company and its successors, assigns, and licensees and parent, subsidiary and other affiliated entities ("TMFT Enterprises"), an option to elect to either (a) purchase all right, title and interest in and to the Content ("Purchase"); or (b) receive a non-exclusive, fully-paid, world-wide, royalty-free license ("License") to publicly display, publicly perform, distribute, and reproduce your Content, portions or derivative works thereof in any manner and in any medium, including, without limitation, through physical copies such as still photos, videos, and CDs, on merchandise such as T-shirts, posters and assorted paraphernalia, by television by any means, on or via the Internet, including, without limitation, the World Wide Web, and any other two-way transmission control protocol / internet protocol (TCP/IP) based distribution network or similar networks or technologies now known or hereafter to become known, including, but not limited to, delivery via such a network to personal computers, hand-held devices, and television set-top boxes through telephone or cable lines, or wirelessly through broadband, satellite, cellular or terrestrial broadcast networks and other similar networks or technologies whether now existing or hereafter developed. You understand that the Purchase gives to TMFT Enterprises, at a minimum, all of the rights granted by the License.
    2. In the event that TMFT Enterprises elects to Purchase the Content, you agree that during the next six (6) months following the Purchase of the Content, (a) you shall submit any additional photographic, video, animation, or other visual or audio data or content bearing your image or likeness presently existing or created in the future to www.Break.com for purchase or license under the same terms and conditions as your submission of the Content prior to submitting it to any other entity; (b) you shall not consent or allow your image or likeness to appear in any form or in any other medium without the expression written consent of TMFT Enterprises who may withhold such consent for any reason, and you assign the right to enforce this subclause (b) to TMFT Enterprises; and (c) at TMFT Enterprises's option, you shall agree to pose for up to four (4) days of photo shoots at a rate of $200 per day, at dates, times and locations reasonably selected by TMFT Enterprises. With respect to subclause (c): (i) such photos shall be of the same nature as the Content (e.g. no nude or explicit photos); (ii) you agree that the same terms and conditions regarding the Content shall apply to use of such further photos, including the signature of standard releases regarding the use of the photos; and (iii) TMFT Enterprises shall reimburse you for reasonable travel, lodging and meal expenses that have been pre-approved by TMFT Enterprises. Notwithstanding the foregoing, You may continue to host your own image or likeness at a website controlled and operated by you that exists for the primary purpose of allowing you to book live modeling appearances.
    3. You agree that no obligation of any kind is assumed by or may be implied against TMFT Enterprises because of TMFT Enterprises's receipt or potential or actual review of the Content or any discussions or negotiations you may have with TMFT Enterprises.
    4. You represent and warrant that you have the legal right and authority to grant the option to TMFT Enterprises, and to either sell or license the Content to TMFT Enterprises as provided above.
    5. You represent and warrant that the submission of the Content to TMFT Enterprises, the review of the Content by TMFT Enterprises, the rights granted to TMFT Enterprises under this Agreement, including the public display, public performance, distribution, and reproduction of your Content or portions or derivative works thereof, will not violate or infringe upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal, contractual or property right of any person or entity and that your Content will not constitute a libel or defamation of any third party. You also represent that you are the sole owner of the Content and all rights therein, and that it is original to you.
    6. You represent and warrant that you have paid and will pay in full all license fees, clearance fees, and other obligations, of any kind, arising from any use or commercial exploitation of the Content, including, without limitation:
      A. Copyright. All claims and rights of the copyright holders, if any, in literary, dramatic, musical or other material, including stories, plays, scripts, scenarios, themes, incidents, plots, characteristics, dialogue, music, words appearing, used or recorded in your Content.
      B. Contracts. All obligations, of any kind, including, without limitation, those with artists and personnel, relating to purchases, licenses, laboratory contracts, distribution, exhibition, performance or exploitation of your Content.
      C. Guild/Union/Performing Rights Society-Participation Payments. Any payments required to be made to any performing rights society or to any body or group representing authors, composers, musicians, artists, and other participants in the production of your Content, publishers or other persons having legal or contractual rights of any kind to participate in the receipts of your Content or to payments of any kind as a result of the distribution or exhibition of your Content and any taxes thereon or on the payment thereof.
    7. The Content must not be obscene, pornographic, invade privacy rights or in any other way violate applicable laws and regulations. In the event of the exploitation of images of individuals under the age of eighteen (18), you have the legally required consent of such individuals' parents or guardians to do so.
    8. You represent that the Content contains no virus or other code or material that will, upon the occurrence of an event, the passage of time, or otherwise, delete or alter any data or impair the operation of any computer system or any equipment or software thereon, or permit any unauthorized access to any such system, equipment or software.
    9. You have read and agree to abide by the terms of TMFT Enterprises's TERMS OF USE AGREEMENT as posted on TMFT Enterprises's websites and as updated from time to time.
    10. You agree to indemnify and hold harmless TMFT Enterprises, its respective officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns from and against any and all third party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of this Agreement, including a breach of any representations and warranties made by you in this Agreement. You agree to cooperate fully with TMFT Enterprises in the defense or settlement of any claim arising from your breach or alleged breach of any provision of this Agreement.
    11. All right, title and interest not expressly granted by TMFT Enterprises are expressly reserved by TMFT Enterprises.
    12. TMFT ENTERPRISES SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED WITH THE SUBJECT MATTER OF THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, TMFT ENTERPRISES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE WHICH WOULD EXTEND BEYOND THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT. IN NO EVENT SHALL TMFT ENTERPRISES'SAGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM EXCEED THE AMOUNT OF MONEY YOU PAID TO TMFT ENTERPRISES.
    13. You acknowledge that you have not relied on any statement, representation or promise of TMFT Enterprises except as expressly stated in this Agreement.
    14. If you do not accept and agree with any provision or paragraph of the Agreement, do not submit the Content to TMFT Enterprises, because any submission of the Content to TMFT Enterprises constitutes your full and complete acceptance of this Agreement. You agree to keep all records relating to your submission of Content and keep a copy of this Agreement for your records. TMFT Enterprises reserves the right, at its sole discretion, to deliver notices and disclosures to you by electronic and other means such as postal mail.
    15. You acknowledge that you are submitting the Content voluntarily and not in confidence or in trust, and that your submission of the Content does not create any confidential or fiduciary relationship between you and TMFT Enterprises. Any part of the Content which any member of the public could freely use may be used by TMFT Enterprises without liability to you or any other entity claiming rights from or through you.
    16. You believe the Content and its features are unique and novel. You acknowledge, however, that because of TMFT Enterprises's position in the interactive online entertainment industry, other persons, including TMFT Enterprises's employees, may have submitted to TMFT Enterprises or to others, or may have made public, or may hereafter create, submit to TMFT Enterprises or make public, similar or identical material that TMFT Enterprises may have the right to use. You understand and agree that TMFT Enterprises's use of material similar to or identical with the Content or containing features or elements similar to or identical with those contained in the Content will not obligate TMFT Enterprises to negotiate with you, nor will it entitle you to any compensation of any kind if TMFT Enterprises determines that it has an independent legal right to use such other material (for example and without limitation, because such features or elements were not new or novel, or were not originated by you, or were or may hereafter be independently created by or submitted to TMFT Enterprises). TMFT Enterprises's determination concerning such independent legal rights is subject to the arbitration provisions below.
    17. You agree that whether or not TMFT Enterprises pays you to use the Content, TMFT Enterprises will not be obligated to return it to you. You have retained a copy of the Content, and you release TMFT Enterprises from any and all liability for loss of or damage to the copy of the Content you have submitted to it.
    18. The rights and obligations under this Agreement, including without limitation the option to Purchase or License the Content, as well as the Licenses granted by you to TMFT Enterprises, are assignable by TMFT Enterprises in its sole discretion. You may not assign your rights and obligations under this Agreement without the prior written consent of TMFT Enterprises, which consent may be granted or withheld in TMFT Enterprises's sole discretion. Any assignment in violation of the preceding sentence shall be void.
    19. You agree that any controversy arising out of or in connection with any alleged wrongful use of the Content, or a dispute with reference to this Agreement, its validity, or effect will be governed by the laws of the state of California. Any controversy arising out of or in connection with any alleged wrongful use of the Content or a dispute regarding this Agreement, or its validity or effect, will be conclusively determined by arbitration in the City of Los Angeles in accordance with the rules of the American Arbitration Association; provided, however, that such arbitration will be held before a single arbitrator selected by the parties, which arbitrator must be well acquainted with the digital entertainment Internet industry. You agree that any proceeding that you may choose to bring against TMFT Enterprises will be initiated within six (6) months after the date of TMFT Enterprises's first use of any material that you claim to be yours. You and TMFT Enterprises each waive any and all rights and benefits which you or we might otherwise have or be entitled to litigate any such dispute in court, because it is your and TMFT Enterprises's intention to arbitrate all such disputes according to the provisions hereof. The arbitrator's decision will be controlled by all the terms of this Agreement. Any such decision and accompanying award will provide for each party, respectively, to bear its own costs of arbitration and attorneys' fees. The pendency of an arbitration, the proceedings, any evidence or other material, and any award shall be maintained and remain confidential, except that an award may be confirmed by a court of competent jurisdiction if it has not been fully satisfied within 14 days of its issuance.
    20. You have read and understand this Agreement, and you acknowledge that no oral representations of any kind have been made by TMFT Enterprises and that this Agreement states the entire understanding between you and TMFT Enterprises. Any modification or waiver hereunder must be in writing, affirmed by the party to be bound. The invalidity of any provision hereof will not affect the remaining provisions.