STONEMILL FARMS
THREE OF A KIND PROGRAM

TERMS AND CONDITIONS

PLEASE READ CAREFULLY.
By participating in the Stonemill Farms Three of A Kind Program (the “Program”), you acknowledge that you have read all of these TERMS AND CONDITIONS, understand them, and agree to be bound by them.
Failure to abide by these TERMS AND CONDITIONS will result in termination of your participation.

1. Eligibility:  The Program is sponsored by Genstar Land Company Midwest, LLC (“Sponsor”) and is open only to persons licensed as sales persons or brokers in the state of Minnesota who are twenty-one (21) years of age or older as of the date the Program Period (as defined below) begins and legal residents of the United States (“Real Estate Professionals”).  Employees, contractors, or agents of Sponsor, Newland Communities, LLC (“Newland”), or of any Builder (defined below) or any of their parent companies, affiliates, or subsidiaries, and domestic partners and members of the immediate families of such employees, contractors or agents, are not eligible to participate.
2. Program Period:  The Program begins at 10:00 a.m. Central Daylight Time (CDT) on July 23, 2008 and ends at 11:59 p.m. CDT on June 30, 2009 (“Program Period”).
3. Program Enrollment: Real Estate Professionals may enroll in the Program, by logging on to www.stonemillfarms.com/realtor, completing in full the official registration form located at such website, and by checking the box indicating such Real Estate Professional’s agreement to these Terms and Conditions. Registration will not be allowed unless Participant agrees to these Terms and Conditions.  All required information must be supplied including, but not limited to, the Consent To Participate (as defined below) and an IRS W-9 Form.  Real Estate Professionals may enroll at any time during the Program Period.  Successful enrollment requires the agency/broker with whom the enrolling Real Estate Professional is affiliated or associated or which employs the Participant (“Participant’s Broker/Agency”) to acknowledge and agree to such enrollment and to Participant’s receipt of Premiums (as defined below) pursuant to this Program by executing the Consent To Participate Form (“Consent To Participate”).  Each Real Estate Professional who successfully enrolls in the Program (a “Participant”) may register one time only.  No more than one Premium (as defined below) per Eligible Home Closing will be awarded.  Therefore, if two or more persons enroll in the Program and together sell a home, only one Premium will be awarded, and it will be awarded to the Participant who enrolled in the Program first.  Multiple enrollment forms submitted by a Participant, or any effort by a registrant to misrepresent himself or herself through the use of aliases or otherwise, will result in termination of Participant from the Program.  Sponsor is not responsible for any incorrect or inaccurate information supplied by any Participant during participation in or otherwise in connection with the Program.  All questions or disputes regarding eligibility for the Program, earning or award of Premiums, or a Participant’s compliance with these Terms and Conditions, will be resolved by Sponsor in its sole discretion.  All mass entries or entries generated by a script, macro or use of automated devices will be disqualified.  Sponsor is not responsible for: (a) any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, or availability, (b) garbled or jumbled transmissions, (c) service provider/internet/web site/use net accessibility or availability, or traffic congestion, (d) unauthorized human intervention, and/or (e) the incorrect or inaccurate capture of entry information or the failure to capture any such information.
4. Warranties and Representations:  By enrolling in the Program, Participant hereby warrants and represents that: (a) Participant will fully and timely disclose his or her participation in the Program to any client Participant represents, or to any party to a real estate transaction in which the Participant is involved, now or in the future (for as long as Participant participates in the Program), and will provide such client and/or party a copy of these Terms and Conditions; (b) Participant’s participation in the Program does not and will not violate any policies or conditions, or the provisions of any agreement, applicable to the relationship (agency or otherwise) between Participant and any client Participant represents or will represent during participation in the Program; (c) Participant has obtained the written Consent To Participate from Participant’s Broker/Agency and such written Consent, together with an IRS W-9 Form, have been provided to Sponsor or will be provided to Sponsor no later than the time when any Premium is awarded hereunder; and (d) Participant’s acceptance of any Premium hereunder is subject to and does not violate any agreement Participant may have with Participant’s Broker/Agency or any laws or regulations applicable to receipt of third-party or other incentives in connection with the sale of real estate. Participant’s Broker/Agency acknowledges and agrees that any Premium awarded hereunder will be awarded to Participant and not to Participant’s Broker/Agency.
5. Premiums:  The sales premium (“Premium”) shall be awarded to Participant upon Participant’s satisfaction of all eligibility, participation and Program requirements and full compliance with these Terms and Conditions as determined by Sponsor in its sole discretion. Such Premium(s) shall be awarded for Eligible Home Closings (defined below) attributable to Participant that occur during the Program Period as follows:  (a) For the first such Eligible Home Closing, a Holiday Station gift card for gasoline in the amount of $500 which can be redeemed only at participating Holiday  Station stores.  The approximate retail value (“ARV”) of the Premium is $500; (b) for the second such Eligible Home Closing, a VISA gift card in the amount of $1,000; the ARV of the Premium is $1000; and (c) for the third such Eligible Home Closing, a Two Thousand Dollar ($2,000) gift certificate redeemable at Carlson Wagonlit Travel, (“Travel Agency”) 7455 Currell Boulevard, Suite 107, Woodbury, MN  55125, attention Sandy Lovick, 651-731-9706,  with regard to any travel booked through the Travel Agency.  The gift certificate expires one year from date of issue. Participant is responsible for all costs and fees that exceed the value of the gift certificate award.  Travel itinerary and related details will be determined solely by the Participant in conjunction with the Travel Agency.  The ARV of the Premium is $2000.  The total ARV for all Premiums is $3500.  Premiums consist only of items specified in these Terms and Conditions.  Use of gift cards and gift certificates are subject to the issuers’ terms and conditions, which may include expiration dates and service fees.  Participants and Participant’s Broker/Agency, as applicable, are responsible for the payment of all local, state and federal taxes that may result from the receipt and/or use of any Premiums.  An IRS form 1099 will be issued if required by law.  A Participant’s right to receive a Premium is not transferable.  No substitution or cash redemption is permitted, except in the discretion of Sponsor, which reserves the right to substitute a Premium of equal or greater value.   A Premium consists only of items expressly specified in these Terms and Conditions.  All expenses or costs associated with the acceptance or use of any Premium that are not expressly specified in these Terms and Conditions as part of the Premium are the responsibility of the Participant.   The Premium will be awarded only if properly claimed. 
6. Eligible Home Closing:  “Eligible Home Closing” shall mean a verified closing with respect to the purchase of a home in the inventory of a Builder or a home that is newly constructed by a Builder at Stonemill Farms  (a) for which Participant is eligible to receive a commission, (b) that is contracted for by Participant’s client (“Client”) no later than December 31, 2008 (but in any event after Participant’s successful enrollment in the Program) and closes by no later than June 30 2009, and (c) that is verified by receipt by Sponsor from Builder or Participant of the purchase and sales agreement between Builder and Client, and a copy of the HUD closing statement for each such home closing, which agreements and statement must be received by Sponsor no later than fifteen (15) days following the conclusion of the Program Period.   Participants must notify Sponsor by email at stonemillfarms@newlandcommunities.com within ten (10) days of each time a Client enters into a purchase and sales agreement with a Builder for the purchase of a home in the Builder’s inventory at Stonemill Farms.  Participants must similarly notify Sponsor in writing of each Eligible Home Closing within ten (10) days of such closing.  Failure to timely notify Sponsor within ten (10) days of an Eligible Home Closing and to provide Sponsor with documents described in 6(c) above, if such documents are not provided by the Builder, will result in Eligible Home Closing not qualifying for inclusion in this Program. A “Builder” is a person or entity that has purchased one or more lots in Stonemill Farms from the Sponsor and has constructed homes on one or more such lots.
7. Limitations of Liability: All applicable federal, state and local laws and regulations apply. By participating in the Program and/or accepting a Premium, Participant agrees to release and hold Sponsor, Newland, all builders in the Stonemill Farms community and each of their affiliates, subsidiaries, parent companies and agents, and each of their directors, officers, employees, successors, and assigns (“Released Parties”), harmless from and against any and all claims and liability arising out of participation in the Program or use of Premium. Participant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Program or use or redemption of any Premium.  By participating in this Program, Participants agree to be bound by these Terms and Conditions and the decisions of Sponsor which are final and binding in all respects.  Sponsor shall not be held liable or responsible for failure or delay in fulfilling or performing any obligations in these Terms and Conditions to the extent and for so long as such failure or delay is caused by or results from causes beyond Sponsor's reasonable control.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE HEREUNDER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM OR PREMIUMS OFFERED THROUGH THE PROGRAM, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
Participant further acknowledges and agrees that Sponsor shall not be responsible for any liability, losses, damages, claims, or lawsuits arising, in any way, out of any Premium or the transmission or use thereof. 
By participating in the Program, Participant agrees that the Released Parties are not responsible for incomplete, lost, late, damaged, illegible, delayed, corrupted or misdirected e-mail, entries, or other transmissions, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware or software, lost or unavailable network connections, failed, incomplete, garbled or delayed computer transmission or any combination thereof, any typographical or any other human or technical errors of any kind.  Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's Internet service provider and/or e-mail client or for insufficient space in user's e-mail account to receive e-mail.  Sponsor is not responsible for any liability for damage to any computer system resulting from participation in or accessing or downloading information in connection with this Program.  Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. 
Acceptance of a Premium by a Participant constitutes permission for the Sponsor, Newland and each of their parent companies, affiliates, subsidiaries, agents and licensees to use Participant's name and/or likeness for purposes of advertising and trade without further compensation or notice, unless prohibited by law. All entries become the sole property of Sponsor and will not be returned.
Participant acknowledges and agrees that "System" (the State of California Public Employees' Retirement System and any party related to Sponsor who may be a member of an affiliate of Newland, and either of their officers, officials, directors, trustees, partners, managers, members, employees and agents) is not a party to this Sweepstakes, Accordingly, System shall have no liability hereunder and no personal or direct liability shall at any time be asserted or enforceable against System on account of or arising out of any obligations arising out of or related to this Sweepstakes. Further, Participant waives any claims against System, irrespective of the nature of such claims, and agrees to look solely to the assets of Sponsor for the enforcement of any claims arising hereunder or related hereto.

8. Modifications and Termination of the Program: Sponsor reserves the right to cancel, suspend, or modify the Program or any of its Terms and Conditions set forth herein (including, but not limited to, the Program Period, Premiums and their terms, and any other option made available to Participants) at any time, with or without notice, even though these changes may affect a Participant’s ability to qualify for or receive Premiums.  A Participant’s continued participation in the Program constitutes the Participant’s acceptance of any changes to these Terms and Conditions, changes to which will be available at Sponsor’s Website at www.stonemillfarms.com/realtor.  Sponsor reserves the right in its sole discretion to determine what Participants are eligible to receive Premiums with regard to Eligible Home Closings closed prior to cancellation, suspension or modification of the Program.
9. Personal Information:  To learn how the personal information collected in connection with the Program may be used, individuals should read Sponsor's Privacy Policy which is available at www.stonemillfarms.com/realtor.  The terms of Sponsor’s Privacy Policy may change at any time and are incorporated herein by reference.
10. Fraudulent Activity:  Sponsor reserves the right to discontinue the Program participation of any Participant who engages in any fraudulent activity or any attempt to deliberately damage any web site or undermine the legitimate operation of this Program, or who conducts activities in a manner inconsistent with these Terms and Conditions or with any federal, state or local laws, rules, or regulations.  Discontinued participation will result in the loss of all Premiums and their associated benefits, including without limitation the return of any Premiums previously awarded. IN ADDITION, SPONSOR SHALL HAVE THE RIGHT TO TAKE APPROPRIATE ADMINISTRATIVE AND/OR LEGAL ACTION, INCLUDING CRIMINAL PROSECUTION, AS IT DEEMS NECESSARY IN ITS SOLE DISCRETION AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Terms and conditions: To request a copy of the Terms and Conditions or the name of the Premium recipients, send a self-addressed stamped envelope to Stonemill Farms Information Center, 11400 Ivywood Trail, Woodbury MN, 55129.  Requests must be received within twelve (12) days of the end of the Program Period.
12. Disputes:  Each Participant irrevocably agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Program shall be resolved individually, without resort to any form of class action, in the federal or state courts located in the County of Washington, State of Minnesota, which shall have exclusive jurisdiction over any such disputes, claims or causes of action.  Each Participant hereby waives any claim that he or she is not subject personally to the jurisdiction of said courts or that any such suit or other proceeding is brought in an inconvenient forum or improper venue.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Real Estate Professional and Sponsors in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether the State of Minnesota, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. 
13. Integration and Severability: These Terms and Conditions constitute the entire agreement between Sponsor and Participants pertaining to the subject matter hereof and supersedes all prior or other arrangements, understandings, negotiations and discussions, whether oral or written.  Failure to enforce any of the provisions of these Terms and Conditions shall not be deemed to be a waiver of those provisions.  If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
14. Real Estate Professional Compliance:    All Participants must be licensed as Real Estate Professionals in the state of Minnesota associated with a broker/agency, or working as a broker, in the state of Minnesota.  All Participants agree to comply with all applicable federal, state, and local laws and regulations, including, without limitation, fair housing laws, federal and state laws regulation the advertising and sale of subdivided land, telemarketing, and unsolicited email, disclosure laws, and other consumer protection laws. 
15. disclaimers:

Any amounts paid pursuant to this Program do not affect or reflect any commissions otherwise due and payable by the Builders of homes in the Stonemill Farms community to Real Estate Professionals as a result of the purchase and sale of homes in the community.
Homes in the Stonemill Farms community are constructed and sold by Builders not affiliated with Sponsor or Newland.  Newland and Sponsor do not guarantee or warrant the obligations of, or construction by, such Builders, or the availability, or pricing of homes. 
Nothing herein shall authorize any person to offer to sell real estate in the Stonemill Farms community to, or to solicit offers to buy from, residents of Connecticut, Florida, Hawaii, Idaho, Illinois, New York, New Jersey and Oregon, or in any jurisdiction where prohibited by law.