Estrella Earth Rules

SWEEPSTAKES RULES TEMPLATE 1 2-6-08
OPEN TO GENERAL PUBLIC
ON-SITE ENTRY
Estrella Earth Day
Sweepstakes (“Sweepstakes”)

OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES & D.C., AGE 21 OR OLDER.
VOID WHERE PROHIBITED. U.S. LAW GOVERNS THIS SWEEPSTAKES.

1. HOW TO ENTER: The Sweepstakes begins at 10:00 a.m. mountain standard “MST” on April 19, 2008 and ends at 1:00 p.m. “MST” on April 19, 2008. To enter, (1) print an Official Entry Form from the online landing page (www.Estrellaearth.com) in advance and bring it to the Event or (2) on the day of the Event, visit the Information Registration Booth or Information Center to receive an Official Entry Form. Hand-print your name, address, phone number and email address on the Official Entry Form and deposit the completed form in the one of the designated receptacles located in one of the 9 Builder Complexes (Sales Offices) in Estrella. Entries must be submitted by 1:00 p.m. MST on April 19, 2008. All requested information must be provided on the Official Entry Form. Limit one Sweepstakes entry per person. Multiple entries submitted by a Participant, or any effort by a Participant to misrepresent himself or herself through the use of aliases or otherwise will disqualify all entries of that Participant. No purchase necessary.

2. ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty United States and District of Columbia, 21 years of age or older as of the date of entry, with a valid, unrestricted driver’s license. Employees, contractors, or agents of NNPIII-Estrella Mountain Ranch (“Sponsor”), Newland Communities, LLC (“Newland”), or of any builders of homes in the Estrella community, or any of their parent companies, affiliates and, subsidiaries, or agents and domestic partners and members of the immediate families of such employees, contractors or agents, are not eligible to participate. Void where prohibited by law.

3. RANDOM DRAWING: One (1) potential winner will be selected in a random drawing conducted by Sponsor, whose decisions are final with respect to all matters relating to this Sweepstakes, on or about 2:00 p.m. MST, April 19, 2008 at the Lakeside Amphitheater located in the Estrella community from among all eligible entries received. Entrants must be present at drawing to win. Odds of winning depend on the number of eligible entries received. If the potential winner cannot be reached within fifteen (15) minutes of initial notification attempt, he or she will be disqualified and the prize awarded to an alternate winner. Winner is subject to verification. Potential winner will be required to complete and return to Sponsor an IRS form W-9 and an Affidavit of Eligibility/Release of Liability/Publicity Release within five (5) days of the drawing. If a potential winner fails to respond to any notification attempt within forty-eight (48) hours, or if any attempted notification or prize delivery is returned as undeliverable, or if the potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner will be disqualified and an alternate winner selected.

4. PRIZE: One (1) prize a new, 2008 Toyota Prius (specific options and any extra features to be in Sponsor’s sole discretion) will be awarded. The approximate retail value (“ARV”) of the prize is $24,000. All federal, state, local taxes (including but not limited to any income taxes) on prize value, if applicable, including tax, tag, title, registration and other fees with respect to Grand Prize, are the sole responsibility of winner. Proof of insurance requirements and compliance with all applicable provisions of these Official Rules must be met before transfer of title. An IRS form 1099 will be issued if required by law. No substitution, cash redemption or transfer of right to receive prize permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. Prize consists only of item expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any prize that are not expressly specified in these Official Rules as part of the prize are the responsibility of the winner.

5. GENERAL RULES: All federal, state and local laws and regulations apply. By participating in the Sweepstakes and/or accepting a prize, Participant agrees to release and hold Sponsor, Newland, all builders in the Estrella community and each of their affiliates, subsidiaries, parent companies and agents, and each of their directors, officers, employees and assigns (“Released Parties”), harmless from and against any and all claims and liability arising out of participation in the Sweepstakes or use of prize. Participant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes or use or redemption of any prize. By participating in this Sweepstakes, Participants agree to be bound by the Official Rules 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 Official Rules 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 SWEEPSTAKES OR PRIZES OFFERED THROUGH THE SWEEPSTAKES, 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 SWEEPSTAKES, 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. By participating in the Sweepstakes, 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 Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Acceptance of Prize constitutes permission for the Sponsor, Newland and each of their parent companies, affiliates, subsidiaries, agents and licensees to use winner'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.

6. MODIFICATIONS AND TERMINATION OF THE SWEEPSTAKES: Sponsor reserves the right to cancel, suspend, or modify the Sweepstakes or any of its Official Rules set forth herein (including, but not limited to, the Sweepstakes Period, Prizes 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 Prizes. A Participant’s continued participation in the Sweepstakes constitutes the Participant’s acceptance of any changes to these Official Rules, changes to which will be available at Sponsor’s Website at www.estrellaearth.com

7. FRAUDULENT ACTIVITY: Sponsor reserves the right to discontinue the Sweepstakes participation of any Participant who engages in any fraudulent activity, attempts to deliberately damage any web site or undermine the legitimate operation of this Sweepstakes, or conducts activities in a manner inconsistent with these Official Rules or with any federal, state or local laws, rules, or regulations. Discontinued participation will result in the loss of all Prizes and their associated benefits, including without limitation the return of any Prizes 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.

8. DISPUTES: By entering, each entrant irrevocably agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes shall be resolved individually, without resort to any form of class action, in the federal or state courts located in the County of Maricopa , State of Arizona, which shall have exclusive jurisdiction over any such disputes, claims or causes of action. Each entrant 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 Official Rules, or the rights and obligations of Real Estate Professional and Sponsors in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Arizona, without giving effect to any choice of law or conflict of law rules or provisions (whether the State of Arizona, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Arizona.

9. OFFICIAL RULES AND RESULTS; To request copy of the Official Rules or the name of the winner send a self-addressed, stamped envelope to Estrella by Newland Communities, 10300 South Estrella Parkway, Goodyear, AZ 85338. Requests must be received within thirty (30) days after the end of the Sweepstakes Period.

10. PERSONAL INFORMATION: To learn how personal information collected in connection with the Sweepstakes may be used, individuals should read Sponsor’s Privacy Policy which is available at www.estrellaearth.com. The terms of Sponsor’s Privacy Policy may change at any time and are incorporated herein by reference.

11. Sponsor: NNPIII-Estrella Mountain Ranch LLC, Goodyear, AZ

12. Disclaimers: Homes in the Estrella 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, nor solicit offers to buy real estate in the Estrella community to residents of Connecticut, Florida, Hawaii, Idaho, Illinois, New York, New Jersey and Oregon, or in any jurisdiction where prohibited by law.

ESTRELLA EARTH DAY
SWEEPSTAKES (“SWEEPSTAKES”)
MODIFICATION OF OFFICIAL RULES
(“MODIFICATION”)
Pursuant to Paragraph 5 and all other applicable provisions of the Official Rules for the Estrella Earth Day Sweepstakes, NNPIII-Estrella Mountain Ranch, LLC (“Sponsor”) hereby modifies the Official Rules, effective April 29, 2008, as follows:

1. Any defined term contained in this Modification shall have the same meaning as provided in the Official Rules.

2.Paragraph 1 HOW TO ENTER shall be modified by amending the next to last sentence thereof as follows: “Multiple entries submitted by a Participant, or any effort by a Participant to misrepresent himself or herself through the use of aliases or otherwise, will disqualify all entries of that Participant other than the one permitted Sweepstakes entry.”

3. Paragraph 2 RANDOM DRAWING shall be modified by adding the following provision to this section: “In the event that any potential winner selected in the random drawing should be disqualified for submitting multiple entries or for any other reason whatsoever, then an alternate potential winner shall be selected by a random re-drawing from the original, valid entries submitted by all eligible entrants in the Sweepstakes. The random re-drawing shall be conducted by Sponsor as soon as practicable at the Estrella Sales Office. The alternate potential winner need not be present at the re-drawing to win. The alternate potential winner shall be subject to verification and will be required to complete and return to Sponsor an IRS form W-9 and an Affidavit of Eligibility/Release of Liability/Publicity Release within five (5) days of the random re-drawing. If the alternate potential winner cannot be reached or fails to respond to any notification attempt within forty-eight (48) hours, or if any attempted notification or prize delivery is returned as undeliverable, or if the alternate potential winner fails to complete and return any required affidavit or release within the specified time period, the alternate potential winner will be disqualified, and a second alternate potential winner will be selected following the same procedures as stated above for the random re-drawing. Likewise, if the second alternate potential winner should be disqualified for any reason whatsoever, then additional such random re-drawings shall be conducted until a winner who complies with all requirements contained in the Official Rules, and any modifications thereto, is selected. Sponsor’s decisions are final with respect to all matters relating to any random re-drawing and this Sweepstakes.”

4. Sponsor has posted this Modification of Official Rules upon Sponsor’s Website at www.estrellaearth.com on this 29th day of April, 2008.

5. All other provisions of the Official Rules shall remain unchanged and in full force and effect.