"MISS LAX" BIKINI CONTEST

Official Contestant Rules & Regulations
Conditional Prize Contest
January 9, 2008 through April 9, 2008

  1. Hollywood Bar, LLC d/b/a LAX Nightclub ("LAX") will conduct the first "Miss LAX" Bikini Contest ("Contest"), each Wednesday at LAX Nightclub in the Luxor Hotel & Casino, Las Vegas, Nevada, during the above listed dates, and will award eight prizes (singularly "Prize" or collectively "Prizes") on April 9, 2008, consisting of the following:
    1. Grand Prize - One $50,000 cash grand prize ("Grand Prize"), including a one year promotional contract for personal and promotional appearances and appearances in commercials, advertisements, posters, brochures, websites and other media, to be determined in the sole and absolute discretion of LAX and/or its related or affiliated companies, including, a guest appearance on the television show "Mindfreak" starring Criss Angel ("Angel Appearance");
    2. 2nd place - $25,000 in cash & prizes
    3. 3rd place - $10,000 in cash & prizes
    4. 4th place - $5,000 in cash & prizes
    5. 5th - 8th places - $2,500 in cash & prizes
  3. To be eligible to enter, a Contestant must be United States resident, at least 21 years old at the time of Entry, not a member of a performers' union or guild, and not employed by LAX or any related or affiliated company ("Contestant").
  4. Weekly contests will be held each Wednesday, January 9, 2008 through March 26, 2008. The finals will be held on April 9, 2008. Contestants must complete and submit a registration application, selecting one of the eligible weekly contest dates for participation in the Contest and submit at least one original, unaltered and unpublished .JPG photograph of only the Contestant to www.laxthenightclub.com/missLAX/ (singularly "Entry" or collectively "Entries"). Each Contestant must complete all information requested, including but not limited to legal name, e-mail address, contact telephone number, date of birth, occupation, hometown and all other information requested on the form. All photographs submitted must be vertical, approximately 400 x 600 pixels and less than 1 MB in size ("Photographs"). LAX will have the sole and absolute discretion to determine the validity of all Entries. LAX, or its agent, reserves the right to contact any Contestant for any reason, including to verify, confirm or request information or request resubmission of one or more of the Photographs and/or to request that the Contestant submit additional Photographs. Any entries submitted by anyone other than the person appearing in the Photographs (including but not limited to entries submitted by modeling agencies) will be rejected. Submission of Photographs and Entry in the Contest constitutes the grant and consent to the perpetual, royalty free, unrestricted right to use the Photographs and the Contestant's information provided on the registration application, for all purposes and in all media now known or hereafter devised, including the right of reproduction thereof, and the right to photograph and/or video Contestant, and to use such images and/or video for all purposes and in all media now known or hereafter devised and other media channels and applications, and for advertising, promotions, other contests sponsored by LAX or any related or affiliated company and other commercial purposes (whether by LAX or any third party).
  5. The Contestant is responsible for appearing at LAX, at Contestant's sole cost and expense, on the eligible weekly contest date selected on the Entry by Contestant, no later than 11:00 p.m., p.s.t. Contestant must be prepared to compete in the apparel worn in the Photographs or similar apparel approved by LAX in its sole and absolute discretion, or at LAX's option, in apparel provided by LAX, and to stay for such time and perform as directed and determined by LAX in its sole and absolute discretion. There may be no material change in Contestant's appearance from the Photographs, as determined by LAX in its sole and absolute discretion. All winners will be determined by LAX based upon competitions at LAX and/or independent organized judging. All decisions/selections by LAX, the judges and/or LAX's designated representative(s) shall be made according to their respective sole, absolute and exclusive discretion, and shall be final. LAX reserves the right to admit, modify, substitute or deny participation in the Contest to any Contestant. Contestant's bikini must remain on at all times during the Contest.
  6. All Contestants must be female and must have been at least 21 years of age at the time the Photograph was taken. Multiple Entries are permitted, but LAX reserves the right to limit any Contestant to one Prize in addition to the Grand Prize. No Entry may contain (or for a one year period thereafter be altered to include or used to promote) nudity, profanity, violence or depictions of violence, offensive, obscene or patently offensive subjective matter, copyrighted works, background music and sets, or product or service logos or trademarks, promotions of racism, bigotry, hatred or physical harm of any kind against any group or individual or harassment or advocacy of harassment of another person. LAX may refuse to post or may remove any Entry in its sole and absolute discretion.
  7. Five finalists will be selected at each weekly competition. Internet voting among the finalists will be open to the public from March 27, 2008 through April 8, 2008. All finalists will be required to appear at Contestant's sole cost and expense at LAX on April 9, 2008, no later than 11:00 p.m., p.s.t. Contestant must be prepared to appear in the apparel worn in the Photographs or similar apparel approved by LAX in its sole and absolute discretion, or at LAX's option, in apparel provided by LAX, and to stay for such time and perform as directed and determined by LAX in its sole and absolute discretion. There may be no material change in Contestant's appearance from the Photographs, as determined by LAX in its sole and absolute discretion. LAX will choose a winner in accordance with LAX's criteria based upon the Internet voting. If any Contestant, including the winner is determined to be ineligible, withdraws from the Contest, breaches any representation or warranty contained in these Official Contestant Rules & Regulations ("Official Rules") or fails to satisfy any of her promotional or marketing obligations, including any obligations under the Promotional Contract, LAX reserves the right to replace them. Unless the winner is replaced as provided herein, the winner may refer to herself as the "Miss LAX 2008" in written and descriptive materials such as a biography, resume, or other purely noncommercial descriptive aspect. The winner does not have the right to license LAX's or any related or affiliated company's name or trademarks, including but not limited to "Miss LAX" to any other entity, even if the winner is making an appearance on behalf of that entity. Any such license must be secured from LAX. Any use of "Miss LAX" or any reference thereto, in connection with any promotional event or advertising must first be approved by LAX in writing. All federal, state/provincial and local laws and regulations apply. Taxes, if any, are the Contestant's sole responsibility. No substitution, transfer, assignment or cash equivalent permitted. LAX reserves the right to substitute Prizes with one of equal or greater value, at LAX's sole discretion.
  8. Prior to the payment of the Grand Prize, the winner will be required to sign the Promotional Contract in such form as is reasonably requested by LAX, but including such material terms as the winner appearing for up to six personal appearances (individually "Appearance" or collectively "Appearances"), without additional consideration, in the 12 month period following the date of the finals. Each Appearance will be not more than six hours long, excluding travel. LAX will provide the winner with at least 30 days prior notice of any Appearance. LAX will provide reasonable travel and accommodations, as determined by LAX, to the winner for any Appearance. All rights granted, duties, warranties and representations of the winner contained in these rules will survive the execution of, and merge into the Promotional Contract and include services rendered under the Promotional Contract. Prior to, and as a contingency to, the award of the Angel Appearance, the winner will be required to execute such forms, releases and other agreements, and satisfy such other qualifications, as may be required by the producers and other persons or entities related to or associated with the Angel Appearance. The winner will be solely responsible for any claims, demands, liabilities, fees, obligations or the like, related to or arising from the Angel Appearance.
  9. Entries are not being submitted in confidence or in trust and are not intended to remain confidential. Entries will not be returned. Contestant agrees that any Entry or other content whatsoever posted or provided by Contestant becomes the property of LAX and may be used for all purposes, reproduced, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted, in perpetuity and in all media now known or hereafter devised, including the right of reproduction thereof, throughout the universe, as LAX may determine in its sole and absolute discretion.
  10. By submitting an Entry, Contestant represents and warrants that: a) Contestant will not use any of LAX's, or any company related or affiliated to LAX's, trademarks or trade names without the prior express written consent of LAX; b) Any rights granted LAX herein specifically include any sponsors of the Contest; c) Contestant is the sole author and creator of the Entry, that it is an original work and has not been previously used, reproduced, published or otherwise exploited in any form and/or medium; d) Contestant solely owns and/or controls the Entry and all elements and rights in and to the Entry; e) nothing contained in the Entry is copied from or infringes upon any rights of any person or entity, including but not limited to libel, slander, defamation, the rights of privacy or publicity, copyright, or trademark; f) Contestant has the full, exclusive, and unconditional power, right, and authority to submit the Entry to LAX under the terms and conditions hereunder; g) the Entry does not result in a breach of any contract with a third party and the consent of no other person or entity is required for LAX to use the Entry; and h) LAX's use or exploitation of the Entry will not violate any trademark, copyright, right of privacy or publicity, or any other right of any person or entity. Contestant agrees to pay for all royalties, fees and any other monies owing any person by reason of any content Contestant posts on the site. Each Contestant agrees to hold LAX and its related or affiliated companies harmless and to indemnify them from any and all liabilities, loss, claims, or causes of actions, including reasonable attorneys' fees and expenses that may be incurred by LAX or any related or affiliated company, arising out of or relating to Contestant's breach of any representation or warranty, or any other violation of these Official Rules.
  11. LAX receives and may receive numerous Entries and submissions, including without limitation, ideas, concepts, formats, suggestions, scripts and designs which may be similar or identical to the Entry, and that LAX may have already developed, may be developing, and may develop in the future a work which may be similar or identical to the Entry. Contestant agrees that LAX's use or development of other commercials, advertising campaigns and materials, designs, submissions, programs or projects, whether in the past, present or future, containing anything resembling, similar or identical to that contained in the Entry will not obligate LAX to negotiate with Contestant nor entitle Contestant to any rights therein, including without limitation the right to receive compensation of any kind.
  12. The Prizes are not transferable.
  13. Contestants hereby release, indemnify and agree to hold harmless LAX and its related or affiliated companies and other entities, and its and their representatives, owners, agents and employees, from any liability whatsoever related to the Entry or the conduct of the Contest. The winner will be solely responsible for any applicable fees and taxes including state, local, and federal taxes resulting from the award of the Prize.
  14. Each Contestant (including but not limited to the winner), as a condition of entering the Contest generally, shall acknowledge and agree that LAX and/or its related or affiliated entities shall have the right to, without further authorization, publicize her Entry, name, character likeness, photograph, voice, and/or the fact that she is a Contestant or the winner, for, without limitation, advertising and/or promotional purposes, without the payment of financial remuneration to the Contestant.
  15. There is no purchase necessary to enter or win the Contest. The Contest is void where prohibited, regulated or taxed. This Contest shall be governed and construed by Nevada law, and the exclusive venue for all controversies will be in state or federal court in Clark County, Nevada. All federal, state/provincial and local taxes are the exclusive responsibility of the Contestants. LAX reserves the right to crop or otherwise alter images. Contestant waives (or shall ensure that copyright holder waives if Contestant is not copyright holder) in favor of LAX and anyone authorized by them, any and all moral rights that Contestant (or copyright holder) may have in any Photograph or other copyrighted work submitted. If any Contestant does not return any document within the timeframe indicated on the document, or cannot be contacted, Contestant will be disqualified.
  16. There will be no substitution for Prizes. Participation in the Contest and Prize awarded are non-transferable. Failure to collect any Prize element within 30 days constitutes forfeiture of the Prize. If forfeited, any Prize element will remain the property of LAX. Another winner will not be selected, except as provided above.
  17. LAX reserves the right to cancel or terminate the Contest or make rules or Contest changes, including prospectively and/or retroactively, without notice and at any time, at its sole, absolute and exclusive discretion, and reserves the right to change any aforementioned Contest date(s) without notice.
  18. Any decision by LAX and/or its designated representatives, in their sole discretion, in the interpretation and/or application of these rules shall be final. By participating, Contestants and/or the winner agree to be bound by the decisions of LAX, its designated representatives, any judges, and the official rules.
  19. Failure to comply with these Official Rules will result in ineligibility of Contestant. Contestant appoints LAX as her attorneys in fact, and grants LAX permission to demand the removal of any images that violate these Official Rules. All federal, state/provincial and local laws and regulations of the United States and/or other countries apply. Void where prohibited or restricted. Contestants agree to be bound by these Official Rules. If any winner is found in violation of any one or more of these rules, she may be required to forfeit any and all Prize elements awarded.
  20. LAX, together with its related or affiliated companies and other entities, and its and their representatives, owners, agents and employees, are not responsible for any liabilities arising directly or indirectly from the award of or participation in the Contest or Prize.
  21. LAX, together with its related or affiliated companies and other entities, and its and their representatives, agents and employees, are not responsible for any changes to or difficulties in Prize delivery, or for any lost, stolen or misdirected Entries.
  22. The odds of winning are based on, and/or influenced by, the number and qualifications of Contestants entered, and the individual discretion of the public, voters and any designated selecting judges.
  23. Participation in this contest in no way entitles any Contestant or winner to use any registered marks of LAX, or those of their related or affiliated entities, without express permission.