NASH Wendell Falls, LLC. Wendell Falls Founders Contest OFFICIAL RULES

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1 NASH Wendell Falls, LLC Wendell Falls Founders Contest OFFICIAL RULES Subject to the eligibility requirements as set forth in these Official Rules, new homeowners are being offered an opportunity to take part in the Wendell Falls Founders Contest and be eligible for a prize. The purpose of this Contest is to enhance awareness of the Wendell Falls Community and attract new homeowners to the community. OPEN ONLY TO LEGAL RESIDENTS IN THE STATE OF NORTH CAROLINA AND VISITORS OF THE WENDELL FALLS COMMUNITY. MUST BE 21 OR OLDER TO PARTICIPATE. ONE CONTEST ENTRY PER CONTRACT. VOID WHERE PROHIBITED. THE STATE OF NORTH CAROLINA LAW GOVERNS THIS CONTEST. SPONSOR: The Wendell Falls Founders Contest ( Founders Contest or Contest ) is being conducted by and on behalf of NASH Wendell Falls, LLC ( NASH and/or the Sponsor ) located at c/o Newland Real Estate Group, Ballantyne Corporate Place, Suite 550, Charlotte, NC to stimulate awareness and excitement about the Wendell Falls Community ( Community ). CONTEST DESCRIPTION: The Contest begins on March 1, 2015 at 9:00 a.m. Eastern Daylight Time ( EDT ) and ends on May 31, 2015 at 5:00 p.m. EDT ( Contest Period ). The Contest is open to all participants who qualify as an eligible participant ( Eligible Participant ) as defined below. An Eligible Participant will also be titled as a Founder. To be an Eligible Participant/Founder, you must enter into a purchase contract to buy a new home in Wendell Falls between March 1, 2015 and May 31, 2015 from any of the Builders in the Wendell Falls Community ( Builder ). The contract must be offered and accepted by the Builder by the end of the Contest Period. The Builders sales office will provide the Sponsor with a list of all Founders on a weekly basis. Sponsor is not responsible for any incorrect or inaccurate information supplied by any Participant or Builder during participation in or otherwise in connection with the Contest. All questions or disputes regarding eligibility for the Contest will be resolved by Sponsor in its sole discretion. Closing will be determined by the contract that is entered into with the Builder. If at any time, the Eligible Participant is no longer under contract or has caused delays to closing beyond 180 days, they will no longer be an Eligible Participant and the prize will be awarded to an alternate. RANDOM DRAWING: On June 5, 2015, the Sponsor will hold a random drawing at The Wendell Falls Farmhouse, located at 320 Vintage Point Lane, Wendell, NC. The random drawing will be held from the names of the Founders that are provided by the Builders as of the closing time of the Contest Period. The prize as further discussed below is an award to the winning Founders of $5,000 for the construction of an indoor or outdoor structure through Asheville Playground ( Prize ). 1

2 The Sponsor will select and record the names of three (3) Founders that are potential winners and three (3) Founders that are alternative winners, subject to verification. The Prize will be awarded to three (3) Founders ( Prize Winners ) on June 5, 2015 on or before 5:00 p.m. EDT. Need not be present to win. If any of the three potential Prize Winners reject the Prize, or do not satisfy the Sponsor s eligibility requirements, then the Sponsor will award the Prize to one of the three alternative Prize Winners, subject to verification. All Founders are subject to the eligibility requirements as set forth in these official rules. Sponsor may suspend, modify, or cancel the Wendell Falls Founders Contest at any time in its sole discretion; however, Sponsor intends to award all prizes to the winning participants. Only those persons who have read these Official Rules of the Contest and acknowledge having done so shall be considered Eligible Participants or Founders of the Wendell Falls Founders Contest. Only one entry may be made per contract, per household. Multiple entries submitted by an Eligible Participant in an attempt to qualify for Prizes, or any effort by a Participant to misrepresent himself or herself through the use of aliases or otherwise will disqualify that Participant. For any Founder who purchases more than one home, they will obtain an additional entry for each home. However, they will only be eligible to win one prize per household. By participating in this Contest, each Eligible Participant accepts and agrees to comply with these official rules and abide by the decision of the Sponsor, which shall be final and binding. By entering the Wendell Falls Founders Contest you agree that you are giving the Sponsor the right to further communicate with you by regarding this Contest. By completing the initial registration as set forth below, individuals acknowledge that they have read all of the rules ( Official Rules ) of the Contest and agree that based on the rules and regulations, they qualify as Eligible Participants. Details and qualifications for participation in this Contest may apply. These details and qualifications are set forth in these Official Rules. 1. THE PRIZE: Founders who enter into a contract during the Contest Period as described above will have the opportunity to be eligible for the drawing to be held by the Sponsor for three (3) Founders to receive $5,000 towards the design, fabrication and installation of a customized outdoor structure (e.g. play structure, potting shed, bench) from Asheville Playgrounds. The Sponsor will award three (3) Prizes in the amount of $5,000 each for a total actual retail value of the Prize being $15,000. All of the terms and conditions and obligations relating to the construction of the structure will be separately negotiated between each Prize Winner and Asheville Playgrounds. Once each individual Prize Winner picks a structure, they shall notify Sponsor and Sponsor will coordinate the payment method with Asheville Playgrounds. The Sponsor is not a party to any contract and shall not be responsible for construction by Asheville Playgrounds. It is each Prize Winner s responsibility to make sure the structure of their choosing complies with homeowners association requirements and should determine whether or not they need to submit their plans to an architectural review board or committee for approval. 2

3 The Prize Winner may want to add additional features to the selected product or make modifications whereby the actual cost of the structure may exceed $5,000; however, the value of the award provided by the Sponsor shall in no event exceed $5,000. The Prize Winner agrees and acknowledges that he/she will be responsible for any and all additional costs, fees (including delivery), taxes and any expenses associated with the construction and customization of their structure that exceed $5,000. The Prize winner understands and acknowledges that they will not receive a check for $5,000 and that the Sponsor will make this payment directly to Asheville Playgrounds. If the cost of the structure exceeds $5,000, Asheville Playgrounds will bill the Prize Winner for the remainder of the bill. There is no cash or check provided to the Prize Winner for the Prize and there is no cash, check, or any other remuneration or compensation for any difference between the actual retail value of the $5,000 Prize and the actual price of the structure that is selected by the Prize Winner. If the full $5,000 is not utilized, the Prize winner is not awarded the difference. Three (3) Prizes will be awarded. The Prize Winners must close on their home within 180 days of May 31, 2015, subject to extensions and agreed upon by the Sponsor or Builder due to delays that are outside the control of the Prize Winner, Sponsor, or Builder, such as Acts of God. The Prize Winners must enter into a contract with Asheville Playgrounds and Asheville Playgrounds must have commenced construction within twelve (12) months of the award. If construction is not commenced within twelve (12) months of the award date, then the Prize shall be considered forfeited. Participants are reminded that there are tax implications associated with the receipt of an award. All Participants should consult with a Tax Attorney to discuss the tax consequences. The odds of winning depend upon the number of eligible entries received during the Contest Period; e.g., if 100,000 entries are received, the odds of winning the Prize are 1:100, GENERAL TERMS OF THE CONTEST: All winners are subject to verification of proper Entry and Eligibility. Potential winners 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 seven (7) days of completion of the Contest. If a potential winner fails to complete and return any required affidavit or release within the specified time period, the potential winner could be disqualified and a new winner will be selected from the three alternative names that were selected. All federal, state, and local taxes on prize value, if applicable, are the sole responsibility of the winner and the information obtained on the Affidavit and W-9 shall be used for the purposes of Sponsor's legal compliance in filing a U.S. Tax Form 1099 based on the actual retail value of the Prize. An IRS Form 1099 will be issued as required by law. No substitution, cash redemption or transfer of right to receive prize is permitted, except in the discretion of Sponsor, which reserves the right to substitute a prize of equal or greater value. The prize consists only of items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of any 3

4 prize that are not expressly specified in these Official Rules as part of the prize are the responsibility of the Winner. The Prize is not transferable. 3. ELIGIBILITY: This Contest is open only to legal residents of the State of North Carolina and/or visitors of the Wendell Falls Community. Participants must be 21 years of age or older as of the date of entry. Employees, contractors, or agents of Sponsor ), Newland Communities, LLC ( Newland ), North American Sekisui House (NASH), NASH Wendell Falls, LLC, or any of their affiliates or of any Builders of homes in Wendell Falls, or any of their parent companies, affiliates, and subsidiaries, or agents and household members, as well as the immediate family (spouse, parents, siblings, and children) and household members of such employees, contractors, or agents, are not eligible to participate. Void where prohibited by law. All federal, state, and local laws and regulations apply. 4. GENERAL RULES: All applicable federal, state, and local laws and regulations apply. By participating in the Contest and/or accepting a prize, each Participant agrees to release and hold Sponsor and its affiliates, all Builders in the Wendell 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 Contest or use of any Prize, specifically including, without limitation, any claims, injuries, demands or liability arising out of Participant's entry onto or activities conducted at the Wendell Falls Community or elsewhere in connection with the Contest. Participant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest, activities conducted at the Wendell Falls Community, or use or redemption of any prize, including by way of illustration and not in limitation, any personal injury to participants, any computer malfunction or virus regardless of the cause, and any other claims or causes of action that may arise in their participation of the Contest from entry through the award of the Prizes and for a period of one year thereafter. By participating in this Contest, Participants agree to be bound by these 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 CONTEST. BY PARTICIPATING IN THE CONTEST, 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 4

5 FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ALL THIRD PARTY SERVICES AND/OR MERCHANDISE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER FROM SPONSOR, AND SPONSOR SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND/OR MERCHANDISE OFFERED THROUGH THE PROGRAM INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 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 the Prize or the transmission or use thereof. In the event of any claim, demand, cause of action, or other potential liability of Sponsor to any Participant hereunder that is actionable despite the release, other than with respect to the obligation to award the Prize as described above, Participants agree that the liability of Sponsor, if any, shall be limited to $5,000. By entering into the Contest, Participants hereby agree to waive any and all claims, demands, and causes of action in excess of said amount. By participating in the Contest, Participant agrees that the Released Parties are not responsible for incomplete, lost, late, damaged, illegible, delayed, corrupted, or misdirected , 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 that may result relating to the submission, collection, and monitoring of the entries. Sponsor shall not be held responsible if there is interruption or unavailability due to Internet connectivity, or any malfunction relating to computer hardware or software. Sponsor is not responsible for any liability for damage to any computer system resulting from participation in, or accessing, uploading, or downloading information in connection with this Contest, whether Sponsor s own site or the sites of others where Sponsor may direct Participants to interact. Such use is at your own risk and you assume all liability therefrom. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. Sponsor assumes no responsibility for undeliverable s resulting from any form of active or passive filtering by a user's Internet service provider and/or client or for insufficient space in user's account to receive . Sponsor is not responsible for any liability for damage to any computer 5

6 system resulting from participation in or accessing or downloading information in connection with this Contest. Sponsor is not responsible for any liability or damage due to Participants inability to post or any technical malfunctions. Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process. By posting pictures, comments, or videos on any of the Sponsor s sites utilized under this program and participating in the Contest, Participants unconditionally agree that during and upon conclusion of the Contest, all such comments, photos, videos, and any other materials posted by the Participant shall be unconditionally assigned to Sponsor for use in any manner it deems fit and the ownership of such materials, whether consisting of copyright, authorship, intellectual property, or otherwise shall be transferred and conveyed to Sponsor as the owner for all purposes and that the Sponsor and its parent companies, affiliates, subsidiaries, agents, and licensees may use such information and materials collected without compensation to the Participant. Additionally we will request the winners to participate in photos and media opportunities. Participation in the Contest does not give Participants any rights to the copyrights, service marks, trademarks, or other intellectual property of Sponsor. 5. MODIFICATIONS AND TERMINATION OF THE CONTEST: Sponsor reserves the right to cancel, suspend, postpone or modify the Contest or any of its Official Rules set forth herein (including, but not limited to, the Contest 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 Contest constitutes the Participant s acceptance of any changes to these Official Rules, changes to which will be available at Sponsor s Website at In its sole discretion, the Sponsor may cancel, or suspend the Contest if the Contest is compromised by virus, bugs, entrant fraud, or misconduct, or other causes beyond the control of the Sponsor which in Sponsor s opinion impair the administration of the Contest. 6. FRAUDULENT ACTIVITY: Sponsor reserves the right to discontinue the Contest participation of any Participant who engages in any fraudulent activity, attempts to deliberately damage any Website or undermine the legitimate operation of this Contest, 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. 6

7 7. DISPUTES: By entering, each Eligible Participant irrevocably agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest shall be resolved individually, without resort to any form of class action, and exclusively by arbitration under the current rules of the American Arbitration Association. Arbitration will take place in Orange County, State of North Carolina, which shall have exclusive jurisdiction over any such disputes, claims, or causes of action. Each Eligible 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 Official Rules, or the rights and obligations of the Eligible Participant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to any choice of law or conflict of law rules or provisions (whether the State of North Carolina, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of North Carolina. Any and all claims, judgments and rewards shall be limited to the actual value of the Prize awarded, and shall expressly exclude any award of attorneys fees; and under no circumstances will any Participant be permitted to seek recovery for, and Participant hereby waives all rights to claim, punitive, incidental, and consequential damages and any other damages, other than for the actual value of the Prize, and waives any and all rights to have damages multiplied or otherwise increased. 8. OFFICIAL RULES AND RESULTS: To request a copy of the Official Rules or the name of the winner(s) send a self-addressed, stamped envelope to Wendell Falls Information Center, RE: Founders Contest Official Rules, 320 Vintage Point Lane, Wendell, NC 27591, or online at Requests must be received within thirty (30) days after the end of the Contest Period. 9. PERSONAL INFORMATION: To learn how personal information collected in connection with the Contest may be used, individuals should read Sponsor s Privacy Policy, which is available at The terms of Sponsor s Privacy Policy may change at any time and are incorporated herein by reference. 10. DISCLAIMERS: Homes in Wendell Falls Community are constructed and sold by Builders not affiliated with Sponsor or its affiliates. Sponsor and/or its affiliates 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 Wendell Falls 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. NASH Wendell Falls, LLC ( Owner ), is the creator and owner of the Wendell Falls Community. Owner s responsibility with respect to the Community is 7

8 limited to the development of certain infrastructure improvements (e.g., roads, sewer, etc.) and such obligations run solely to persons buying property directly from Owner. Home Builders ( Builders ), unaffiliated with the Owner or its affiliates (collectively, Owner Companies ), are building homes in the Community. Owner Companies are not co-developing, co-building or a partner or joint venturer with such Builders. Owner Companies are in no way responsible for any obligations or representations of any of the Builders to third parties and/or homebuyers, and Owner Companies shall incur no liability whatsoever nor shall it have any obligations or liability to any homebuyer regarding a home purchase from a Builder. Buyers of homes from any of the Builders waive, to the fullest extent permitted by law, any and all rights, claims, causes of action, and other rights whatsoever against Owner Companies arising out of their purchase transaction with the Builders. Owner has retained Newland Communities solely as the property manager for the Community. North America Sekisui House has an indirect interest in one of the members in Owner. Newland Communities and North America Sekisui House shall have no (i) liability whatsoever with respect to the development of the Community or the selling of homes by the Builders, and (ii) responsibility for any claims, issues, or matters arising at the Community. None of the Owner Companies are a guarantor or party to any of the agreements between the Builders and third parties, including homebuyers, and furthermore Newland Communities and North American Sekisui House are not a guarantor or party to any of the agreements between Owner and any third parties or the Builders. Homebuyers shall look solely to the Builders with respect to any claims or issues arising out of their purchase of a home in the Community. 8