Smartlist Sync not working correctly.

HI all, just got my 3gs, pretty happy with it (only beef is the battery, but im sure its because im doing something 24/7 on it).

How ever, having trouble getting my smart lists to list the correct songs on my phone. I made a Smart list such as: Genre:ROCK, 25songs, highest rating.
In itunes its listed correctly however when it syncs to my phone it just adds random rock songs.

I've restored the phone, removed the play list form sync, then added it and still nothing. I'm guessing its a setting in itunes?

Any help would be appreciated.
BTW i did search, there was a post similar to this 2 years ago, but no replies.

 

Its fallen so far down, wondering if anyone could send me the right direction.

ta.