Sell. Close. Collect

AUSTIN POINT REALTOR REWARDS PROGRAM – OFFICIAL RULES

1. The Austin Point Realtor Rewards Program (“Program”) is a rewards program to award the top two real estate agents and top two real estate agent teams for sales of homes in Austin Point, a community located at 4805 North Star Trl., Richmond, TX 77469 as shown on https://www.austinpoint.com/find-a-home/ (“Austin Point Community”). The sales include all homes sold and closed between Tuesday, April 1, 2025 and December 31, 2025 (the “Program Period”). Winners of the Program will be announced at a Realtor Appreciation Event (“Event”) in the first quarter of 2026 with a date and time, to be determined. Participation in the Program is automatic, to participate in the Program each participant (“Entrant”) must unconditionally accept and comply with and abide by these official rules (“Program Rules”) and the decisions of AUSTIN POINT DEVELOPMENT COMPANY, LLC, 1401 Woodlands Parkway, The Woodlands, Texas 77380 (“Sponsor”), which shall be final and binding in all respects.

2. The Program is open to real estate agents licensed by the Texas Real Estate Commission, who have sold at least one home in the Austin Point Community during the Program Period (“Eligibility Requirements”). All Entrants must meet the Eligibility Requirements. Further, officers, directors and employees of Sponsor and each of Sponsor’s parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies involved in the Program (all such individuals and entities collectively referred to herein as the (“Program Entities”)), and the immediate family members and/or those residing in the same household of each are ineligible to enter the Program or win a prize. This Program is void where prohibited.

3. HOW TO ENTER. Eligible Entrants are automatically entered into the Program upon the sale and closing of their first home in the Austin Point Community, where such sale and closing is during the Program Period (“First Sale”). Entrant information is gathered from realtor name and TREC license number section of the builder partner’s contract (“Realtor Identification”) from the sale of first home received by the Sponsor from the builder partner of the relevant home. This information is input into a computer tracking system (“System”) maintained by Sponsor. Entrants will be made up of individual realtors (“Realtors”) and teams of realtors (“Teams”). Teams and Realtors will be determined by the Realtor Identification. An individual person is only eligible to be a Realtor or a member of a Team. The First Sale and any additional sales and closings for each Entrant (“ Closed Sales Totals”) will be tracked by the System along with the monetary value (total contract price) of all closed homes by the Entrant (“Closed Sales Volume”). Any Realtor or Team that would not like to participate in the Program may contract Sponsor to opt out of the Program. Any Entrant that is considered by Sponsor in its sole and absolute discretion to have violated their eligibility, in whole or in part, may be disqualified and will not be eligible to win.

   Any personal information collected by Sponsor in connection with the Program is information collected in the regular course of business and will be used in accordance with Sponsor’s privacy policy located at: https://www.austinpoint.com/privacy-policy/.

   Tampering with the operation of the Program is prohibited and any Entrants deemed by Sponsor, in its sole discretion, to have been tampering will be removed from the Program. In the event a dispute regarding the identity of the Entrant who completed the sale of a home in the Austin Point Community cannot be resolved to Sponsor’s satisfaction, the affected home sale will not be used towards the Closed Sales Total or the Closed Sales Volume for any Entrant. The Sponsor shall not be responsible for incorrect or inaccurate information whether caused by any human error which may occur in Entrants filling out the contract, builders transmitting the contract, or the Sponsor entering information into the System. The Sponsor assumes no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, unauthorized access to, or alteration of Entrant information, Closed Sales Totals, and Closed Sales Volume of any Entrant.

4. WINNER DETERMINATION. After the conclusion of the Program Period, the top two Entrants that are Realtors will be determined and the top two Entrants that are Teams will be determined. The top two Entrants of both groups (“Winners”) will be the top two Entrants in Closed Sales Totals. In the case of a tie that is not resolved by having two Winners (e.g., the top Entrant closed ten homes and the next two top Entrants both closed nine homes), the tie shall be broken by the Closed Sales Volume of all homes closed by the tied Entrants (e.g., If the Closed Sales Volume for the Entrant with the nine homes closed is $2.8 million and the Closed Sales Volume for the other Entrant with the nine homes closed is $3 million, then the Entrant with the Closed Sales Volume of $3 million closed would be the other Winner). A person cannot win as a member of a Team and also as a Realtor. All Winners will be announced at the Event. An individual person who has sold homes as a Realtor and is a Winner as a member of a Team will be disqualified from the Realtor winner determination (“Ineligible Winner”). If Ineligible Winner is one of the top two Entrants of the Realtors, the next top eligible Entrant of the Realtors will be selected to replace the Ineligible Winner.

   The Sponsor’s determination of the Winner is final and binding in all matters related to the Program.

5. WINNER NOTIFICATION. The Winners do not need to be present at the Event to receive the prize. If the Winner fails to comply with these Program Rules, the potential Winner forfeits the Prize, and the Sponsor reserves the right to select an alternate Winner at its sole discretion by moving down to the next top Entrant in Closed Sales Total with any tie being broken by Closed Sales Volume.

   Reference in these Program Rules or any promotional advertising, material or communication to any person as a “Winner” or which otherwise expresses or might imply that a prize has been won, shall not thereby imply a waiver of any verification or claims processes for the award of prizes and any related rights of the Sponsor arising in accordance with these Program Rules to delay, withhold or invalidate any prize-awards. Any waiver of any verification or claims processes stipulated in these Program Rules for the award of prizes shall only be effective and binding upon the Sponsor if communicated by the Sponsor in writing and then only to the extent specifically stated in that communication and (whether stated or not) solely applying for the named recipient and no other person or persons.

6. The Winners will each receive a cash prize (“Prizes”). The Prizes for the Realtors will be $10,000 per Realtor, for a total of $20,000. The Prizes for the Teams will be $20,000 per Team, for a total of $40,000. Each Winner will need to provide a completed IRS form W-9 to the Sponsor so the Prizes may be issued to their brokerage via check. Failure to provide the completed IRS form W-9 within 30 days of the Event will forfeit the Prize as discussed in Section 5. Sponsor leaves any decision on splitting the Prize between the individual persons of a Team to the Team itself.

   No substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason subject to Texas law.

7. PRIZE CONDITIONS. Prizes will be awarded only if each potential prize Winner fully complies with these Program Rules. The Prizes are non-assignable and non-transferable. All details and other restrictions of the Prizes not specified in these Program Rules will be determined by Sponsor in its sole discretion. For each Prize, Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize.

   Sponsor makes no warranties, and hereby disclaims any and all warranties, express or implied, concerning any Prize furnished in connection with the Program. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

8. PUBLICITY RELEASE. Without in any way limiting the rights granted for participation in the Program, as set forth above, participation in the Program constitutes Entrant’s permission for the Sponsor to use each Entrant’s name, photograph, likeness, voice, biographical information, statements and address (city and state only) in and in connection with advertising, marketing, promotional, and/or publicity purposes for the Sponsor including any photographs taken at the Event, and such permission shall extend worldwide and in all forms of media and by any and all means and media now known or hereafter developed, in perpetuity, without any obligation, notice, or further compensation to the Winner.

9. REPRESENTATIONS AND INDEMNIFICATION. Each Entrant represents and warrants as follows: the Entrant conforms with the Program Rules. Each Entrant agrees to indemnify the Sponsor and hold it harmless from and against any and all third party claims, liability, judgments, losses, damages, costs, and expenses, including penalties, interest and reasonable outside attorney’s fees and costs in the defense and disposition of such matters arising out of, resulting from, based upon or incurred because of a breach or allegation that, if true, would constitute a breach by Entrant of his or her representations, warranties, covenants or obligations hereunder, including, without limitation, any action or statement made by Entrant while participating in the Program.

10. THE SPONSOR’S RIGHTS. The Sponsor may, acting reasonably, (a) extend any time limit, exercise a right of discretion or waive any of the Program Rules where a person might otherwise have been disqualified or otherwise disadvantaged (without obliging the Sponsor to extend any time limit, exercise a right of discretion or waive any of the Program Rules on any further occasion for that Entrant or at all for any other person), or (b) terminate or suspend, cancel, postpone or vary the Program (or any part, feature or element of the Program) at any time due to supervening circumstances beyond the Sponsor’s control including (without limit) those which the Sponsor determines have or are likely to compromise the security or credibility of the Program (or the affected part, feature or element of it).

    The Sponsor’s reasonable decision in the exercise or interpretation of any of its rights or discretions in connection with these rules shall be final and binding and reference to the discretion of the Sponsor shall mean its sole discretion.

    The Sponsor may (in its reasonable discretion): (i) decline to enter into any correspondence save as otherwise stated in the Program Rules, (ii) alter the Program Rules prior to the end of the Program Period to the extent it considers (acting reasonably) necessary or desirable to maintain and preserve the integrity and reputation of the Program, to comply with applicable laws, or the fair, effective or secure operation of the Program (and altered Program Rules will be available for review), and (iii) perform any stated function in the Program Rules via an agent and the Entrant shall be required to accept such performance as if it was directly by the Program.

11. CONDITIONS OF PARTICIPATION/RELEASES. By participating in this Program, Entrants agree to be bound by these Program Rules and the decisions of the Sponsor, which shall be final in all respects. The Program is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating in this Program and/or by accepting any Prize that they may be awarded, Entrants agree to release the Sponsor from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Program and/or acceptance, use or misuse of the Prize. The Sponsor shall not be liable for: (i) any issues to arise under the sale of any home towards the Closed Sales Totals and the Closed Sale Volume; (ii) any injuries, losses or damages of any kind caused from participation in the Program; or (iii) any printing, typographical, administrative or technological errors in any materials associated with the Program. The Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserves the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper running of the Program. Sponsor may prohibit you from participating in the Program if, in its sole discretion, Sponsor determines you are attempting to undermine the legitimate operation of the Program by cheating, hacking, deception, or any other unfair behavior or with the intent to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives.

    In the event Sponsor is prevented from awarding Prizes or continuing with the Program as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate the Program. Only the type and quantity of Prizes described in these Program Rules will be awarded. These Program Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Program Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

12. NATURE OF RELATIONSHIP. Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s personal information to Sponsor for purposes of the Program does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s personal information.

13. FURTHER DOCUMENTATION. If Sponsor shall desire to secure additional assignments from the Entrant(s), or other documents as Sponsor may reasonably require in order to effectuate the purposes and intents of these Program Rules, then each Entrant agrees to sign the same upon Sponsor’s request therefor.

14. DISPUTES This Program is governed by the laws of the United States and the State of Texas, without respect to any choice of law or conflict of law principles that would result in the application of any law other than that of Texas. As a condition of participating in this Program, Entrants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Program, shall be resolved individually through binding arbitration, without resort to any form of class action, in accordance with the arbitration provision set forth below.

15. ARBITRATION PROVISION. By participating in this Program, each Entrant agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Sponsor relating to, arising out of or connected in any way with (a) the Program, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”) under the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules, if applicable; (ii) the place of arbitration shall be Houston, Texas, and the arbitration shall be conducted in English; (iii) the arbitrator’s decision shall be controlled by the terms and conditions of these Program Rules and any of the other agreements referenced herein that the applicable Entrant may have entered into in connection with the Program; (iv) the arbitrator shall apply Texas law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (v) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vi) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; and (vii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.