Answers to Frequently Asked Questions
Frequently Asked Questions
- What are the basics of Yotto?
- Can I win money for myself with Yotto?
- How do I sign up for Yotto?
- How much does it cost to play Yotto?
- How can Yotto help my charity, non-profit or government agency?
- What are the fees for Yotto?
- Is Yotto affiliated with any charity?
- How does the charity receive the money?
- How much does Yotto charge charities?
- Does Yotto contract with charities to raise money?
- Is Yotto licensed in any state?
- Can I donate to a charity without playing a lottery game?
- Will Yotto solicit donations for my charity?
- Can I submit a charity to Yotto?
- Can I use Yotto to solicit donations for a charity?
- How come I can only play once?
- How do I know if my charity won?
- What happens if a game ends and no one played the winning numbers?
- Can I play Yotto with my friends?
- How do I make a donation?
- Do I have to make a donation to help a charity raise money?
- How old do I have to be to play Yotto?
- If I win, but the money goes to a charity, can I deduct the jackpot off my taxes?
- Do you disclose my name or personal information if I win?
- Can I make a donation with my credit card?
- Why can't I see what time a game ends?
- Is my donation tax deductable?
- I chose all 6 winning numbers, but I didn't win. What's up with that?
- I forgot my password, how do I change it?
- I have more questions.
TERMS AND CONDITIONS PART 1 OF 3
- Terms and Conditions Part 1 of 3
- Terms and Conditions Part 2 of 3
- Terms and Conditions Part 3 of 3
Yotto - Terms and Conditions
YOTTO Official Rules
NO PURCHASE OR DONATION REQUIRED TO ENTER OR HELP ANY BENEFICIARY ORGANIZATION RAISE FUNDING.
TERMS and CONDITIONS PART 2 OF 3
Yotto - Terms and Conditions
YOTTO Official Rules
NO PURCHASE OR DONATION REQUIRED TO ENTER OR HELP ANY CHARITY OR BENEFICIARY ORGANIZATION RAISE FUNDING.
27. Eligibility: Yotto (the "game") is open to all residents of the 50 United States (and the District of Columbia), and citizens of any country, who are 18 years of age or older at the time of entry.Employees and non-employee workers of Yotto, and agencies that are involved in the development or execution of this website, or any of its materials, and the immediate family (spouse, parents, siblings, and children) and household members of each such person are not eligible to participate. Yotto is subject to all applicable national, federal, state, and local laws and regulations and is void where prohibited by law.
28. Administrator: Yotto.org, LLC, 538 Old Country Road, Plainview, NY 11803, d/b/a Yotto. Yotto includes, its web address, and any affiliated Yotto products, including any emails by Yotto, and its associated iOS and Android apps and products, and any other mobile, desktop or other digital and/or non-digital products and services. >p29. Beneficiary Organizations. A beneficiary organization ("beneficiary organization") is any not-for-profit, 501(c) entity, governmental entity, public benefit corporation or public partnership or any other similar entity of a similar nature and/or legal status engaged in a common beneficial enterprise of a commercial, non-commercial or personal nature, who propose to raise funding for their organization by any game administered by Yotto. In using Yotto, all users, beneficiary organizations and others acknowledge and agree that there is no relationship between the beneficiary organization and Yotto except as described in the terms below, and limited to the extent that Yotto is used as a digital platform, allowing beneficiary organizations to connect with donors in a more entertaining manner. 30. Players. A player (“Player”) is any individual, groups of individuals, organizations, entity or any other individual or groups of individuals, or companies, associations or organizations, that are making entries into the game(s) hosted by the Yotto platform, whether with or without an accompanying donation to the Beneficiary Organizations. At times, a Player may also be described as a “Donor” or “User,” but there is no difference between the terms, and the terms are interchangeable, regardless of whether there is any accompanying donation(s) made using the Yotto platform.
31. Agreement to Official Rules: By participating in any game or activity on Yotto, the entrant fully and unconditionally agrees to, and accepts, these Official Rules and the decisions of the Administrator, which are final and binding in all matters related to the game. NO GAME OR ANYTHING HOSTED OR ADMINISTERED BY THE ADMINISTRATOR IS A SOLICITATION FOR INVESTMENT IN ANY COMPANY, CORPORATION, PARTNERSHIP OR ENTITY, WHETHER PUBLIC, PRIVATE OR OTHERWISE. NO GAME OR ANYTHING HOSTED BY THE ADMINISTRATOR IS A SOLICITATION FOR A DONATION IN ANY CHARITY, NOT-FOR-PROFIT OR SIMILAR ENTITY. NO PARTNER, AFFILIATE, BENEFICIARY ORGANIZATION, OR ANY OTHER PERSON OR ENTITY MAY OFFER, PROMISE, GIVE OR PRESENT ANY SHARE, PERCENTAGE, EQUITY INTEREST, OR ANY OTHER INTEREST, FINANCIAL OR OTHERWISE, IN ANY COMPANY, CORPORATION, PARTNERSHIP, ENTITY, OR ASSOCIATION. ANY ATTEMPT TO OFFER OR PRESENT ANY INTEREST, IN ANY ENTITY OR FINANCIAL VENTURE, RENDERS ANY AND ALL GAMES AND/OR PRIZES AND/OR JACKPOTS AND/OR DONATIONS VOID. NO GAME OR ANYTHING HOSTED OR ADMINISTERED BY THE ADMINISTRATOR IS A SOLICITATION FOR A DONATION IN ANY CHARITY, NOT-FOR-PROFIT OR SIMILAR ENTITY. NO PARTNER, AFFILIATE, BENEFICIARY ORGANIZATION, FUNDRAISER, OR ANY OTHER PERSON OR ENTITY MAY SOLICIT, REQUEST, SEEK A DONATION, OR OFFER ANY GOOD OR SERVICE IN EXCHANGE FOR A DONATION OR SIMILAR PAYMENT TO ANY CHARITY, NOT-FOR-PROFIT, OR SIMILAR ORGANIZATION USING ANY PART OR FUNCTION ON THE YOTTO PLATFORM. ANY ATTEMPT TO REQUEST, OFFER OR PRESENT ANY DONATION, TO ANY BENEFICIARY ORGANIZATION FOR ANY REASON, RENDERS ANY AND ALL GAMES AND/OR PRIZES AND/OR JACKPOTS AND/OR DONATIONS VOID.
32. Time Period: Yotto is the host of multiple games of varying time periods, ranging from as little as one minute, to as long as one year. The Administrator’s computer is the official time-keeping device for any and all games. The remaining length of time left in any game may or may not be made known to the players. By making either a free or paid play using Yotto, a player is waiving any requirement that they be made aware of the length of time remaining in any or all games conducted by Yotto. Where the remaining length of time is not revealed to the players, the Administrator's computer remains the official time-keeping device for any and all games.
33. How to Enter: Download the Yotto app from the Google Play Store for Android or the Apple App Store. Click on the green profile icon at the top right and create a new user account. Fill in your email address, name, and the name of a charity you want to play for. Go to the Lotto page and pick six numbers. If you wish, you may make a donation to the jackpot using the donate button located on the Lotto page. You may choose a charity from the suggested charities list on the Yotto app, or you may list a charity of your own choosing. There is no purchase necessary, and you are not required to make a donation to play on behalf of a charity, or to help a charity raise money. You may also submit a charity you would like to play for by sending us an email at email@example.com. We will contact that charity, and forward any sums won to them. By participating in Yotto, you acknowledge and agree that Yotto and Yotto.org, LLC is not responsible should the charity decline to accept the sums offered, and that in such an event, or in an event that you do not indicate a specific charity that you choose to play for, or you choose a charity that is not registered as a 501c3 organization with the United States Treasury Department, you agree to allow Yotto to forward the funds to one of the registered charities listed on the “Charities” page, at the discretion of Yotto. In using Yotto, all players verify that they are at least 18 years old, and that they reside in a jurisdiction that requires them to be 18 years old to participate in a simulated lottery game such as Yotto. In using Yotto, all players that reside in a jurisdiction requiring players to be 21 years of age, verify that they are at least 21 years of age. Otherwise, Yotto is Void Where Prohibited. While players are allowed to make multiple donations, players are allowed to make one only (1) free entry per game. The player will be notified via email if they are a winner of one of the jackpots. Any operating system may be used with Yotto. Limit: One (1) free entry per game per email address during the duration of that particular game. Multiple participants and/or multiple beneficiary organizations are not permitted to share the same email address. Any use of robotic, repetitive, automatic, programmed or similar entry/play methods or agents will void all entries/plays by that entrant. By participating in Yotto, you acknowledge and agree that you, as a player, will not receive any part of the jackpot and will not receive any share of any jackpot received by any Beneficiary Organization as a result of any contest hosted by Yotto. Any sharing of any jackpot proceeds with any player who participates in a contest hosted by Yotto shall render that jackpot void. Void where prohibited by law.
34. Any false statement(s), identity or information used in the creation, maintenance or use of a Yotto account will result in any and all prizes won by such player(s) being voided, with any monetary share of the prize linked to that account retained by Yotto. Yotto reserves the right to void any play, win, prize, identity, account, or any use of the site by any player, partner, individual or group for any reason, and without notice to those affected. By creating an account on Yotto, and/or by making a free entry, an entry accompanied by a donation, towards a game, such person agrees that in the event of any dispute, any decision(s) of Yotto is considered final and not subject to appeal. By registering on Yotto the Player(s) and Beneficiary Organization(s) agree that they will not allow anyone else to use their login details or give the login details to anyone else. If you do, the Player(s) and Beneficiary Organization(s) accept full responsibility for the consequences of this and agree to fully indemnify and hold Yotto harmless from any damage or harm that may result. Yotto will not be liable to any Player or Beneficiary Organization for any loss that the Player or Beneficiary Organization may incur as a result of an unauthorized person accessing their Account and Yotto accepts no liability resulting from any unauthorized use, whether fraudulent or otherwise. As is usual, it is for the Player or Beneficiary Organization to ensure that their Account password is kept completely confidential.
35. BY CREATING AN ACCOUNT ON YOTTO, AND/OR BY MAKING A FREE OR PAID ENTRY, THE USER ACKNOWLEDGES AND AGREES THAT ALL POTENTIAL YOTTO GAME WINNERS ARE SUBJECT TO VERIFICATION BY YOTTO, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GAME. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF ENTRANT RECEIVES AN EMAIL MESSAGE SAYING HE OR SHE WON, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND THE ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. THE ADMINISTRATOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE GAME SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED. THE PLAYER ACKNOWLEDGES AND AGREES THAT ANY FUNDS EXPENDED AS THE RESULT OF A DEFECTIVE OR VOIDED PLAY SHALL BE SURRENDERED TO THE ADMINISTRATOR. By registering, you expressly confirm that: (a) you are at least 18 years of age; (b) you are able to enter into a legally binding agreement with us; (c) you are not located in a country, state or jurisdiction where Yotto is not allowed. (If you are not sure, you should check with an attorney before you play any games on Yotto for money. Yotto does not keep or record location information for any particular player, and is not aware of your jurisdiction. The obligation to ensure that you are in a legal jurisdiction rests solely with you, the player. All plays, entries and prizes are void where prohibited.); (d) you are not a licensed bookmaker or a bookmaker’s agent, and that you do not conduct a business of negotiating or receiving bets; (e) you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you; (f) you are not bankrupt; (g) you understand that you may lose money, and accept that you are fully responsible for any such loss; (h) you will not use this Website for any purpose that is unlawful or prohibited by these Terms; and (i) if you are located in any jurisdiction requiring you to be 18+ years of age, that you are 18+ years of age; and You are solely responsible to ensure that national, state or other laws to which you are subject to do not adversely affect your right to participate in or play the Skill Games or free games for money. (j) that you are not an employee of Yotto, or any associated company of Yotto.
36. Purchases/Prizes: NO PURCHASE NECESSARY. The jackpot for each game is created from a percentage of each paid entry made solely and exclusively from players participating in that specific game. For each donation, Yotto retains a 5% administrative fee. There is also additional payment processing fees by Stripe.com, a/k/a Stripe, Inc. of at least 2.9% + $0.30. Of the remaining funds, one hundred (100%) percent will to be presented to the charities, nonprofits, government agencies or public benefit corporations designated on behalf of the winning player(s). These funds may be sent to the charity, nonprofit, government agency or public benefit corporation via Stripe, or other third party payment processor, which may include additional fees. In making a donation through Yotto, accepting, or in seeking to accept funds from Yotto, both the Donor and the Beneficiary Organization acknowledges, agrees and consents to this fee and payment structure. The outcome of the game is determined exclusively by the entries of the players, and exclusively by the decisions of each and all players, in the collective action of each player’s individual decision as to which numbers to play. Any and all games administered on Yotto.org is a lottery-by-election, and as such is a game of skill, with the outcome exclusively determined by the decisions of the players, and their exercise of skill and experience to individually determine which numbers to submit during the course of any and all games.
37. In using Yotto, and its affiliated iOS and/or Android apps and services, the user agrees that the Administrator is not responsible or liable for any harm or damages arising from, and agrees to waive, release, covenant not to sue, the Administrator, or any of its subsidiaries, and agrees that they may not seek or recover any damages, including attorney fees. For All Prizes: By participating in Yotto, the player acknowledges and agrees that he or she will not receive any part of, and is not entitled to, any part of the jackpot, due to their donation. Players and any charities, nonprofits, government municipalities and public benefit corporations are responsible for any and all taxes and fees associated with any prize and/or Jackpot. In using Yotto, the user agrees and acknowledges that they are responsible for any fees associated with the depositing, transferring or withdrawing of funds from any payment processor, including any credit card, bank account, mobile payment or any other form of payment processor or payment processing company, whether supplied directly by the Administrator, or by a third-party entity, regardless of whether the user was aware of the use of that payment processor. In using Yotto, the user agrees that the Administrator is not responsible or liable for the fees and/or conduct, policies, or actions of any payment processor, regardless of the source, and agrees to waive, release, covenant not to sue, the Administrator, or any of its subsidiaries, and agrees that they may not seek or recover any damages, including attorney fees. In using Yotto, the user agrees that the payment method used is legal in the country or entity from which that player is participating. The player agreed and acknowledges that payments or plays are void where prohibited. Even when not prohibited to play or participate in Yotto, the user agrees and acknowledges that any use of any payment processing method that is prohibited in the jurisdiction where the player resides shall render any and all plays or uses by that particular organization, group and/or individual void. By using Yotto.org, the user agrees and acknowledges that the Administrator is not responsible or liable for the actions of any user, or the rendering of any play or use being rendered void, and agrees to waive, release, covenant not to sue, the Administrator, or any of its subsidiaries, and agrees that they may not seek or recover any damages, including attorney fees. ODDS OF WINNING: Yotto does not use a random number generator, nor does it limit in any way the number of potential winning numbers or the potential number or percentage of winners. Using Yotto in the manner designed, by using their experience, skill and social networking skills, all players may choose the same numbers, which will always result in all players being declared winners, and receiving an equal share of the jackpot, regardless of whether their entries were free or paid. As all players may be winners, it is not possible to provide mathematical odds of winning, since as a game of skill with potential universal winners, there are no odds.
38. General Conditions: In the event that the operation, security, or administration of the game administered on Yotto is impaired in any way, for any reason, including, but, not limited to: fraud, technical failures, regularly-scheduled maintenance, virus or other technical problem, the Administrator may, in its sole discretion, either: (a) suspend the Yotto game to address the impairment, then resume the Yotto game in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the game, and re-launch a new game, with the jackpot from the cancelled game being offered as the jackpot in the new, re-launched game. Should any such game be re-launched, any existing entries by players will be automatically voided. All players will be entitled to submit free entries towards the new re-launched game. The Administrator reserves the right in its sole discretion to disqualify any individual, player, or Beneficiary Organization it finds to be tampering with the entry process or the operation of the Yotto website or any Yotto game, or to be acting in violation of the Official Rules of this or any other game or promotion, or operating in an unsportsmanlike or disruptive manner. Any attempt by any individual, player, sponsor or organization, to undermine the legitimate operation of the Yotto.org website, any Yotto game, or the actions of any individual, player, sponsor or organization, may be a violation of criminal and civil law, and, should such an attempt be made, the Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law. The Administrator's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
39. Release and Limitations of Liability: Except where prohibited, by participating in any game, fundraising project, or any activity, entrants, sponsors, players, individuals and organizations agree to release and hold harmless RGEB Partners, LLC, Yotto.org, Yotto, and any of their respective designees, agents and agencies, assignees, assignors, partners, and the officers, directors and employees of each of them (the "Released Parties") from and against any claim or cause of action arising out of participation in any game, fundraising project, or offer or attempted game, fundraising project, or offer, including, but not limited to: (a) unauthorized human intervention in the game, promotion, or activity; (b) technical errors related to computers, servers, providers, printers or telephone or network lines; (c) printing errors; (d) errors in the administration of the game, promotion or activity, or the processing of registrations and game plays; (e) late, lost, or undeliverable mail; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the game, promotion or activity, or receipt, use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the game, promotion or activity, and in no event shall the Released Parties be liable for attorney’s fees. User, player, individual, sponsor or organization waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an entrant’s, player’s, individuals, sponsor’s or organization’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s, player’s individual’s, sponsor’s or organization’s sole remedy is another entry, if it is possible. If the game, promotion or activity has been discontinued for any reason, the Administrator, in its sole discretion, may elect to end the game, promotion or activity, and re-launch a new game, promotion or activity. In the event that production, technical, seeding, programming or any other reasons cause more than the stated amount of jackpot funds as set forth herein to be available and/or claimed, the Administrator reserves the right to reduce any jackpot amounts to ensure that the Yotto administrative fee of 5% and the associated PayPal and/or other third party payment processing fees, and any other associated payment processing fees, are satisfied from the donated funds. The remaining funds will be distributed to the winning Beneficiary Organizations.
40. Results: The results, including the winning numbers, and winning beneficiary organizations, will be disclosed and promoted on the Twitter account of Yotto. The Twitter account may be publicly viewed at twitter.com/yottolotto.
41. Payments: All payments and distributions of funds are processed by PayPal.com (“PayPal”), a/k/a PayPal Holdings, Inc. Participation in Yotto by any player or partner, or any other individual or organization constitutes consent to the policies and procedures of PayPal in regards to the payment and distribution of all funds. Participation in Yotto by any player, project owner, individual or organization, and for and in consideration of participating in Yotto agrees to Release Yotto.org, RGEB Partners LLC, and any and all of its subsidiaries, project owner and other entity of any liability and/or responsibility and/or obligation in regards to any and all depositing, withdrawing, payment, transfer and distribution of any and all funds generated during, or through the use of Yotto.org and/or any of its subsidiaries, project owner and/or other entities, and in addition agrees to Waive, Covenant Not to Sue, and Assume All Risk of the depositing, withdrawing, payment, transfer and distribution of any and all funds generated by any player’s, sponsor’s, individual’s or organizations’ use of Yotto or PayPal, and agrees to release, waive, covenant not to sue, from any and all liability for any and all claims, judgments, costs including attorney's fees, demands, losses, or damages due to the use of any property, site, or entity of Yotto.org, RGEB Partners LLC, and any of its subsidiaries, partners and/or other entities, on account of any financial or real injury, caused or alleged to be caused by even the negligence of Yotto.org, RGEB Partners LLC, and any of its subsidiaries, partners and/or other entities, incurred in connection with any action in any way connected. This agreement is specifically intended to operate as a waiver of liability to the fullest extent allowed by law. In participating in Yotto, the individual, player, sponsor, and/or organization acknowledges that it has read and agrees to be bound by the terms of this Release. In addition, in participating in Yotto, the individual, player, project owner, and/or organization agrees to this Release electronically pursuant to the laws of the United States and the State of New York, including but not limited to, the Electronic Signatures in Global and National Commerce Act, and the Uniform Electronic Transactions Act and any other similar laws, rules and regulations. The Administrator retains the right to choose a third party payment processor other than PayPal, without notice to any User or Beneficiary Organization. In the event that another third party payment processor is used, by continuing to participate in Yotto, the Donor and Beneficiary Organization acknowledge and agree to be bound by all the terms and conditions publicly disclosed by that third party payment processor. In using Yotto, it is the responsibility of the Donor and the Beneficiary Organizations to keep themselves aware of any changes in the third party payment processor used to process donations on the Yotto platform, and to keep themselves aware of the full terms and conditions of those third party payment platforms. If such changes violate the regulations of any particular jurisdiction, then any jackpots affected are void where prohibited. At no times does Yotto exclusively hold funds.
42. Payment of Taxes: Neither Yotto, RGEB Partners LLC, or any of its subsidiaries, partners, and/or other entities withholds or collects any taxes payable to any local, city, state, federal or national entity. Any and all such payments are the exclusive responsibility of the individual, player, partner and/or organization receiving such funds, and liable for such tax payments. In participating in Yotto, the individual, player, project owner and/or organization agrees to be responsible for the payment of any and all taxes due from their participation in Yotto. In participating in Yotto, the individual, player, partner and/or organization agrees to release, waive, covenant not to sue, in regards to any tax liability and/or tax claim determined to be owed to any taxing authority, regardless of the legitimacy of the tax liability and/or claim. This agreement is specifically intended to operate as a waiver of tax liability to the fullest extent allowed by law, and in participating in Yotto, the individual, player, project owner and/or organization acknowledges that it has read and agrees to be bound by the terms of this release.
43. Release of information: At the end of each year, RGEB Partners LLC, d/b/a Yotto will make fully available to any and all inquiring local, city, state, federal and national tax authorities all financial information regarding transactions, identifications, distributions, and other similar financial transactions. In participating in Yotto, the individual, player, project owner, and/or organization agrees to any and all information shared with Yotto and RGEB Partners LLC, including any financial and tax information, to be divulged to any inquiring tax authority. The individual, player, user, project owner, and/or organization acknowledges and agrees that any information provided by them, through their use of Yotto or PayPal, shall be provided by RGEB Partners, LLC and Yotto in response to any subpoena, either criminal or civil, served on the offices of Yotto by any inquiring entity or agency with a legal right to serve such subpoena. The individual, player, project owner and/or organization agrees to release, waive, covenant not to sue, Yotto.org, RGEB Partners LLC and any and all of its subsidiaries, partners and/or other entities, from any and all liability for any and all claims, judgments, costs including attorney's fees, demands, losses, or damages due to the use of any property, site, or entity of Yotto.org, RGEB Partners LLC, and any of its subsidiaries, partners and/or other entities, on account of any financial or real injury, caused or alleged to be caused by even the negligence of Yotto.org, RGEB Partners LLC, and any of its subsidiaries, partners and/or other entities, incurred in connection with the divulgence of financial information to any inquiring taxation authority, or in its compliance with any lawfully served subpoena. This agreement is specifically intended to operate as a waiver of liability to the fullest extent allowed by law, and in participating in Yotto, the individual, player, and/or organization, its officers, owners and any and all directors, acknowledges that it has read and agrees to be bound by the terms of this release.
44. Terms regarding the posting, viewing and use of links and content. As a Yotto account holder you may submit links and Content, including videos, images, written statements, and links to social networks and other content. You understand that Yotto, RGEB Partners, LLC and its affiliates and partners do not guarantee any confidentiality with respect to any Content you submit. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on Yotto. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content that you submit; and you license to Yotto all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on Yotto, and for the use of Yotto, for any reason that be determined as necessary or required by Yotto, pursuant to these Terms of Service. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Yotto, you hereby grant Yotto a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Yotto's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Yotto a non-exclusive license to access your Content through Yotto, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. You understand and agree, that video Content you provide to Yotto will be reposted to other social media websites, inclusive but not exclusive to Youtube, Twitter, Facebook, and other similar websites, for the purpose of marketing and promoting your content, as well as the project being submitted, and the commercial and financial interests of Yotto.org and RGEB Partners, LLC, it’s affiliates, subsidiaries, partners and other like organizations. By submitting any content to Yotto.org and/or RGEB Partners, LLC, you understand and agree that Yotto.org and RGEB Partners, its affiliates, subsidiaries, partners, and other like organizations may use that content as is and as desired, in any way deemed appropriate. You understand and agree that Yotto.org and RGEB Partners, LLC has the right to determine what is appropriate usage of content submitted to Yotto.org and/or RGEB Partners, LLC. You also understand and agree that in posting your Content to social networking websites, revenue may be generated through marketing and/or advertising methods. You understand and agree that, by submitting Content to Yotto, you hereby grant Yotto a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and Yotto's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and forfeit and waive any right to such revenue generated by Yotto through the use of your Content. You also hereby grant each user of Yotto a non-exclusive license to access your Content through Yotto, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. You understand and agree that in consideration for the right to use Yotto.org, its services, and the right to submit your content to Yotto.org, any revenue generated by Yotto.org and/or RGEB Partners LLC due to the posting of your Content to social networking or other like websites, that you have released and waived any claim or right to any of that revenue, and that you agree and understand that 100% of any revenue created by the posting of your Content to social media, networks, or like websites is the sole and exclusive property of Yotto.org and/or RGEB Partners LLC. The above licenses granted by you in user comments you submit are perpetual and irrevocable. You further agree that Content you submit to Yotto will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Yotto all of the license rights granted herein. You further agree that you will not submit to Yotto any Content or other material that is contrary to the our Guidelines, including any pornographic, hateful, illegal, or any Content contrary to applicable local, national, and international laws and regulations. Yotto does not endorse any Content submitted by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Yotto expressly disclaims any and all liability in connection with Content. Yotto does not permit copyright infringing activities and infringement of intellectual property rights, and Yotto will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Yotto reserves the right to remove Content without prior notice. By submitting Content to Yotto.org and/or RGEB Partners LLC, you understand and agree that such Content will be reposted on social media, social networking and other like websites, and you understand and agree that you will be bound by all the terms and conditions of those third party networks and websites. You understand and agree to hold Yotto.org and RGEB Partners LLC harmless and not liable for any injury or harm you or your commercial or financial interests endure due to any action from any third party website your Content is posted or re-posted to by Yotto.org and/or RGEB Partners LLC. You understand and agree to Waive, Release, Covenant Not to Sue, and Assume All Risk from any harm or injury to your person, financial or commercial interests due to the action of any third party. This agreement is specifically intended to operate as a waiver of liability to the fullest extent allowed by law, and in participating in Yotto, and submitting content to Yotto, the individual, player, project owner and/or organization acknowledges that it has read and agrees to be bound by the terms of this release. Any violation of Yotto’s policies regarding content may render that individuals, players, project owner and/or organizations project(s), entries, submissions or prior use of Yotto.org void with prior notice.
45. Account Termination Policy Yotto will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Yotto reserves the right at any time to terminate a user's access, without notice or cause. Yotto reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Yotto may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. In addition to the terms and conditions set out herein, users, individuals, players, project owners and organizations are also bound to the terms and conditions of any third party website, organization, network that the user uses, or may foreseeably use during the use of Yotto.org, RGEB Partners, LLC or any of its affiliates, subsidiaries or partners. The user agrees to hold Yotto.org and RGEB Partners, LLC harmless for any injury in the use of the other sites, and the user agrees to waive, release, covenant not to sue, Yotto.org and RGEB Partners LLC for any injury, and may not seek or recover any damages, including attorney fees.
46. Acknowledgement of Beta Version. By posting any information, using Yotto.org in any manner, or making any play, either free or paid, any Project Owner and/or Player acknowledges that Yotto.org is still in beta version, and agrees to hold the Administrator harmless, and to agrees to waive, release, covenant not to sue, the Administrator, Yotto.org and RGEB Partners LLC, for any injury, inclusive of, but not exclusive of, any technical problems, crashing of the site, crashing or disconnection from PayPal, loss of any pre-existing or allegedly won credits, or any other issue that may arise from the use of Yotto.org, its partners, subsidiaries, third party website, organization, network, server or any other entity, and may not seek or recover any damages, including attorneys’ fees. All users, including partners and players, agree that in the event of a crash of the network, any unauthorized hacking and/or computer trespass by any user or third party, or any other technical issue that arises or may arise, that the Administrator has the final authority to reset any game, and to abide by whatever values, time or other variables have been determined by the Administrator at the time the game and/or network has been reestablished, regardless of whether the user will have lost any credits and or funds by the network being reestablished by the Administrator. In the case of any compensation required, all users, including both partners and players, agree that the maximum compensation allowable is a refund of any funds paid to the Administrator. By using Yotto.org, the user agrees to waive, release, covenant not to sue, the Administrator, or any of its subsidiaries, and agrees that they may not seek or recover any damages beyond a refund, including attorney fees.
47. Refunds of Donations made in the duration of a Yotto Contest. PLEASE READ THIS SECTION CAREFULLY, IT DESCRIBES AND MAY AFFECT YOUR LEGAL RIGHTS. This policy is determined by whether or not a Yotto contest has concluded. Yotto is a online platform, where users choose a Beneficiary Organization to play for, make a donation, pick six numbers, and if those numbers win, the previously chosen Beneficiary Organization wins the jackpot. It is unknown which Beneficiary Organization(s) will be declared the winners until the contest ends, and the winning numbers are determined and declared. Due to this, no donations are made to the Beneficiary Organizations until the end of the contest. Due to this, up until the conclusion of the Yotto contest, Donors retain full ownership and control of their funds, and may request a return of their funds at any time up until the end of the Yotto contest. To request a return of funds, simply write an email request to Juan@yotto.org.In using Yotto, the Donor acknowledges and accepts that due to the number of requests, if a request for a return is submitted the same day that a contest concludes, it may be impossible to fulfill the Donor’s request before the contest concludes. In using Yotto, the Donor acknowledges and accepts that once a Yotto contest concludes, the date of which is publicly disclosed in the “Lotto” section of the Yotto app, the Donor is bound by the terms and conditions relating to returns requested after a contest concludes, as detailed in Section 48. In using Yotto, the Donor acknowledges and accepts that it is the Donor’s responsibility to keep track of their donations, and to ensure that there is enough time for Yotto to process their return request before the conclusion of any Yotto contest, which results in the funds being transferred to the Beneficiary Organizations. In requesting a return of funds, the Donor acknowledges and accepts that he or she is required to pay any associated PayPal and other associated third party payment processor fees, and that Yotto is not responsible or liable for any funds beyond that requested to be returned by the Donor, minus the associated third party payments processor fees. In using Yotto, the Donor agrees to waive, release, covenant not to sue, the Administrator, or any of its subsidiaries, and agrees that they may not seek or recover any damages, including attorney fees. 48. Refunds of Donations made after the Conclusion of a Yotto Contest. PLEASE READ THIS SECTION CAREFULLY, IT DESCRIBES AND MAY EFFECT YOUR LEGAL RIGHTS. In using Yotto, the user, including any and all players and Beneficiary Organization, agree that after the conclusion of a Yotto contest, all previously made donations sales are final. No refund will be given at any time after the conclusion of the Yotto contest. In using Yotto, the user agrees and acknowledges that all donations are final, and agrees to waive, release, covenant not to sue, the Administrator, or any of its subsidiaries, and agrees that they may not seek or recover any damages, including attorney fees. In the event there is some dispute, a player and/or beneficiary organization may contact Yotto at: firstname.lastname@example.org. 49. Covenant not to Compete. In consideration for accessing any webpage of Yotto, thereby learning of such information contained in said pages, creating an account and/or using Yotto to raise any funds, regardless of the success of the efforts, and/or for any use of Yotto in any manner, either intentionally or unintentionally, thereby coming into contact with other users, players, Beneficiary Organization and/or organizations that utilize Yotto, and the methods and processes utilized by Yotto in the course of business, the user, player, Beneficiary Organization and/or organization, acknowledges and agrees that they will not engage in any commercial activity, receive any equity share, any percentage interest, or enter into any partnership, solicit or accept any solicitation, or engage in any common enterprise with any other individual(s), corporation, organization, associations, or any other entity or person, for or with any financial or non-financial interest or otherwise, that engages in either the crowdfunding and/or lottery industries. The crowdfunding industry being understood as an industry where either through the internet or non-digital form, the small donations, contributions, payments or other financial or non-financial payments by individuals, organizations, associations or otherwise to other individuals, organizations, associations or otherwise engaged in some form of commercial, artistic, community or other activity. in exchange for gifts or incentives of a financial or non-financial nature. The lottery industry being understood as one where individuals, organizations, associations or otherwise submit number(s) or groups of numbers into a common pot, pool or other mechanism whereby a winner is determined through some future action, either on the part of the individual player(s) or due to the occurrence of an outside force reflecting on the player either having submitted the winning number(s) or symbol(s) or other item as reflected and matched by the subsequent action. The user, player, donor, Beneficiary Organization and/or organization, association or otherwise acknowledges and agrees that a violation of this section of the agreement, and/or engaging in any activity that would violate this agreement will cause RGEB Partners, LLC and Yotto great harm, immediate and irreparable harm. It is also acknowledged, agreed to and understood by all parties that this covenant not to compete does not prevent an individual user, player, and/or project owner from accepting paid employment with an entity, organization, association, corporation or other similar entity engaged in either the crowdfunding, crowdsourcing or lottery industries in exchange for a set regular salary and fringe benefits as compensation for daily work as understood and regulated by the United States Department of Labor, but only restricts the individual user, player, and/or project owner from entering into a partnership, either compensated or not, or accepting any equity share, percentage or financial interest in another entity engaged in the crowdfunding, crowdsourcing or lottery industries. Such agreement shall remain in full force and effect for five (5) years from the date of the last access of the individual user, player, and/or project owner of any webpage or website owned, controlled or affiliated with RGEB Partners, LLC and/or Yotto. The individual user, player, and/or Beneficiary Organization also agrees, regardless of his or her future employment, will not, either intentionally or unintentionally, either directly or indirectly, on their own behalf or on behalf or in conjunction with any person or legal entity, recruit, solicit, induce, attempt to recruit, solicit or induce, and user, player, Beneficiary Organization, organization, association, or other legal entity that said individual knows, or should have known, engaged in any manner with RGEB Partners, LLC or Yotto, used or accessed any webpage owned or controlled by RGEB Partners, LLC and/or Yotto, and/or used Yotto to raise funds, or engaged in any activity, either commercial or non-commercial, with RGEB Partners, LLC or Yotto. 50. By accessing any webpage of Yotto, either intentionally or unintentionally, any user, player, Beneficiary Organization and/or organization, acknowledges and agrees that they may not assign their rights to any other user, player, project owner and/or organization. They also acknowledge and agree that the terms and conditions may not be waived, changed or modified, except under the express written consent of the Administrator, and may only be done so in writing. 51. By using or accessing any webpage on Yotto, whether intentionally or unintentionally, all parties agree that this agreement is to be governed by and construed in accordance with the laws of the State of New York, without reference to any principles of conflicts of laws, which might cause the application of the laws of another state. Any action instituted by any party, arising out of the use of Yotto, will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in the State of New York and the County of New York. In using Yotto, all parties, users, players, project owners and/or organizations acknowledge, agree and consent to the exclusive personal jurisdiction and venue of the courts, state and federal, having jurisdiction in the state of New York, County of New York. 52. By accessing any webpage of Yotto, either intentionally or unintentionally, any user, player, project owner and/or organization, acknowledges and agrees that if any provision or provisions of these terms and conditions shall be held as unenforceable for any reason, then such provision shall be modified, and shall be considered severed from the rest of the terms and conditions agreed to by all the parties. In such event, all parties acknowledge and agree that the remaining provisions, rights and obligations described by these terms and conditions shall remain in full force and effect, and shall continue without regard to the severed provision(s). 53. Yotto is not an internet service provider. To play any online games using Yotto, the Player must have internet access and the skills required for web usage. To play games using Yotto, a Player must have a mobile handset that is suitable for playing. The Player(s) and Project owner(s) will be responsible for any data charges incurred from mobile operators due to the use of Yotto. Players and Beneficiary Organizations should first ask their mobile operator if they are unsure what these charges may be before using Yotto in any manner. It is your sole responsibility of the Player(s) and Project Owner(s) to confirm the technical compatibility between their computer system and Yotto. 54. SKILL GAME. All online games offered on Yotto.org are skill games. They are games of pure skill and contain no chance element (“Skill Games”). Thus, when participating, your speed and skill in playing the Skill Game is assessed against other Players, and the winner will be the Player(s) who, through skill and judgement, is able to secure the most votes for their chosen set of numbers in the relevant Skill Game in the manner described in these terms and conditions above. The Player should familiarize themselves with each Skill Game, by reading the rules and instructions before you play. In addition to being skill games, all games on Yotto contain a free ALTERNATIVE METHOD OF ENTRY, resulting in each free entry receiving an equal share of any prize of EQUAL DIGNITY to any paid entry, payable to the Beneficiary Organization, and not to the Player. Players and Beneficiary Organizations must comply with the laws which apply in the location(s) from which they may access Yotto. If any laws applicable restrict or prohibit participation in skill games or free games that can be played for money, then the Player and Beneficiary Organization must comply with those legal restrictions. All games and prizes are void where prohibited. 55. Operation of Games. Yotto reserves the right to withdraw or modify one or more games or aspects of the games where Yotto has the legal or technical reasons to do so, including (a) privacy, data protection or other legal objections to the content or conduct of the games, and (b) technical difficulties experienced by Yotto or on the Internet. There may also be times when the games become unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, Yotto may require Players and Project Owners to change password or other information which facilitates access to the games. 56. Abuse of the games. Players and Beneficiary Organizations may not use unfair methods to play any games. Any technique which allows a Player to use anything other than pure skill in the conduct of a game is unfair for these purposes. Such techniques may include, but are not limited to, multiple online or mobile Accounts, the use of program codes or commands or any adapted hardware or software to assist play, the impersonation of another Player or Project Owner, or deliberately losing games for the purpose of getting a competitive advantage. Further, Players and Beneficiary Organizations agree that they will not do anything that may cause a disruption or malfunction of the games. 57. Suspension and Termination for Breach. Yotto reserves the right (a) to suspend or terminate any Player's or Project Owner's access to the games, or parts of it, and (b) to forfeit from the relevant Account(s) all winnings, if the relevant Player or Project Owner appears to Yotto to be in breach of any provision of these Terms. 58. WAIVER OF ANY ALL RIGHT TO ESCROW AND WAIVER OF RIGHT OF SEPARATION OF ANY AND ALL TRUST PROCEEDS. In using Yotto to donate, or in accepting funds donated through Yotto; both users who donate through Yotto, and charities, non-profits, governmental entities acknowledge, accept and consent to all the funds being held in one large general fund, and waive any and all right to the separation of any funds in trust, any holding of any funds in escrow, and agree that the funds will be held in a general fund, until disbursement by Yotto to the beneficiary charities, nonprofits and governmental entities. Void where prohibited. It is the responsibility of the donator and/or the beneficiary to ensure that this section of the terms and conditions does not violate any statute, clause, code, and/or law within its, or any, jurisdiction. It is understood, acknowledged and agreed that Donor(s) retain full ownership and control of their pledged funds, and that the funds are retained in an account joinly controlled by Yotto, the third party payment processor such as PayPal, and with rights of control by the Donor, as limited only to those funds deposited into the Joint Account by the donor during the time of the Yotto contest. Once the Yotto is concluded, the Donor(s) acknowledge, agree and accept that the Donor(s) release ownership of the funds held in the Joint Account, agree that a 5% administrative may be transferred out of the Joint Account and paid to Yotto as an Administrative fee, and that the remaining funds are then distributed equally to the winning Beneficiary Organizations, by third party payment processor(s)transfer to bank accounts exclusively owned and controlled by the specific Beneficiary Organizations, outside the control of Yotto, the third party payment processor(s) and the Donor(s). 59. Yotto allows donators to choose a beneficiary charity, nonprofit and/or governmental entity of their choice, and should that donator's six number entry be determined the winner, the chosen charity, nonprofit and/or governmental entity receives the donated funds. While donators may choose an organization from a list pre-approved by Yotto, the donator does have the option of choosing their own beneficiary organization. In using Yotto, the donator acknowledges and agrees that beneficiary organizations are limited to organizations registered with the United States government, as granted United States Internal Revenue Service tax-exempt status under 501(c)3. The only other qualifying organizations are those that are governmental agencies, entities, and/or public benefit corporations. In using Yotto, the donator acknowledges and agrees that should the donator choose a non-qualifying organization, they give to Yotto the right to chose a qualifying organization to receive the jackpot. The donator acknowledges and agrees that the donator is required to provide a qualifying organization prior to donating through Yotto, and that Yotto is under no obligation to follow up with the donator should it be determined that the organization chosen by the donator does not qualify under 501(c)3, or the governmental entitlement. The donator and any organization chosen by the donator, in seeking to accept funds from Yotto, acknowledge and agree that the final determination as to the qualification of any particular organization will be made by Yotto, and that all determinations by Yotto are final. The donator, and the organization seeking to accept funds from Yotto acknowledge and agree that Yotto has the right to reject any organizations qualification, even if that organization has been granted 501(c)3 status by the USIRS, and that any determination is final. The donator and the organization seeking to receive funds from Yotto acknowledge and agree that the maximum amount of damages allowable from Yotto, should Yotto reject the donator's and organization's request to receive funding, is the amount of funds donated by the donator, in that particular and exclusive game in which the donator made the disputed donations. The donator and the organization seeking to receive funds, in using Yotto, waive any right to sue, seek arbitration, seek attorney's fee, or to take any legal action against Yotto. In taking any legal action against Yotto, the donator and organization seeking to receive funds jointly and separately acknowledge and agree to pay any and all legal fees incurred by Yotto, regardless of any subsequent finding by any court, arbitration panel, or any other entity used by the donator and/or the organization seeking to receive funds, in their individual or collective attempt to receive the funds collected by Yotto as part of any Yotto game, event or function. 60. The donator and the organization seeking to receive funds from Yotto acknowledge and agree that the beneficiary charity, nonprofit, and/or governmental organization is that which is reflected on the Yotto mobile app profile of the donator at the time the affected funds are disbursed by Yotto. Any disputes as to the identity of the proper beneficiary organization will be determined by Yotto, and the donator and any organization seeking to receive funds acknowledge and agree that Yotto will have the final determination as to the proper beneficiary organization. The donator and the organization seeking to receive funds, in using Yotto, waive any right to sue, seek arbitration, seek attorney's fee, or to take any legal action against Yotto. In taking any legal action against Yotto, the donator and organization seeking to receive funds jointly and separately acknowledge and agree to pay any and all legal fees incurred by Yotto, regardless of any subsequent finding by any court, arbitration panel, or any other entity used by the donator and/or the organization seeking to receive funds, in their individual or collective attempt to receive the funds collected by Yotto as part of any Yotto game, event or function. 61. CHARITABLE ORGANIZATION RESPONSIBLE FOR ALL CHARGEBACK FEES. In using Yotto, the charity, non-profit, government agency or other beneficiary organization receiving, or seeking to receive, funds from Yotto acknowledges and agrees that the beneficiary organization is responsible for any and all chargebacks and chargeback related fees incurred from Donor(s) requesting a return of their donations, regardless of whether those requests for returns are made before or after the conclusion of any Yotto contest. This amount may include not only the direct funds donated to the beneficiary organization, but also the associated fees charged by Stripe.com to process the chargeback. In using Yotto, the charity, non-profit, government entity or other beneficiary organization acknowledges and agrees that Yotto may recover any chargeback amount AND associated chargeback fees by any reasonable means, inclusive of, but not exclusive of, entering a chargeback against the funds transferred to the charity, non-profit, government entity or other beneficiary organization using the Stripe.com chargeback process; and/or recovering the funds from present or future funds owed to the charity, non-profit, government entity or other beneficiary organization; and/or any other legal means at its disposal. In using Yotto, the charity, non-profit, government entity or other beneficial organization agrees not to sue, enters into a covenant not to sue, for any issue relating to an attempt by Yotto to recover funds from the beneficial organization due to an earlier chargeback of funds previously transferred to the beneficial organization. 62. In the event of any conflict between the terms and conditions contained in Part 1 with those contained within Part 2, any interpretation shall be determined solely by Yotto, based on the facts and circumstances in issue. 63. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: email@example.com and/or 538 Old Country Road, Plainview, New York 11804.
Terms and Conditions Part 3 of 3
Yotto - Terms and Conditions
YOTTO Official Rules
NO PURCHASE OR DONATION REQUIRED TO ENTER OR HELP ANY CHARITY OR BENEFICIARY ORGANIZATION RAISE FUNDING.
IMPORTANT NOTICE: EXCEPT WHERE OTHERWISE PERMITTED OR RESTRICTED BY LAW, THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.64. HOW YOTTO WORKS. Yotto is an online platform that connects beneficiary organizations, defined as registered charities, non-profit organizations, as well as qualifying public benefit corporations and governmental entities with the general public, supporters and potential donors. In using Yotto, a player can create an account, choose a beneficiary organization to support, reflected on the player's account, pick six numbers on a game sponsored by Yotto. If that player chooses to, the player may also make one or more donation(s) to a common pool of funds. At the end of the game, if the player's numbers are determined to be the winning numbers, the beneficiary organization receives all the money held within the common pool, after the Stripe payment processing fee of 2.9% + 30 cents and the Yotto administrative fee of 5% are deducted. 65. CONTRIBUTIONS. Using Yotto, a member of the general public has the ability to learn about the existence and work of beneficiary organizations, to assist those beneficiary organizations in raising money to advance the mission of the beneficiary organization, as well as to use Yotto to personally donate money to a common pool of funds to potentially be donated to a beneficiary organization to help advance or promote that beneficiary organization's mission. In using Yotto, any and all users, including any beneficiary organization and members of the general public understand, acknowledge and agree that upon donating any funds through Yotto, a 2.9% + 30 cent fee is automatically deducted by Stripe.com as a payment processing fee and a further 5% fee is deducted by Yotto as an administrative fee. In using Yotto, all users, including Beneficiary Organizations, users, players and other members of the general public acknowledge and agree that all funds donated, after the payment processing and administrative fees are deducted, are deposited into a common pool of funds, organized as a Donor Advised Fund known as THE YOTTO FUND, kept and maintained by the Santa Barbara Foundation, with an address of 1111 Chapala Street, Suite 200, Santa Barbara, California 93101. In using Yotto, all users acknowledge and agree that all donated funds, after deducted fees, will be kept within a a donor advised fund maintained by the Santa Barbara Foundation, for one year after the conclusion of the fundraising game. During this time, the funds will be invested by financial advisors utilized by the Santa Barbara Foundation. One year after the conclusion of the fundraising game, the donated funds, reflecting the principal collected by the fundraising game together with the investment gains or losses obtained by the Santa Barbara Foundation, are forwarded to the Beneficiary Organization as a charitable grant via check. The Santa Barbara Foundation may be contacted at firstname.lastname@example.org. 66. TAX DEDUCTIONS. PLEASE READ THIS SECTION CAREFULLY, IT MAY EFFECT YOUR LEGAL RIGHTS. No money or thing of value given on Yotto is tax-deductible. No money or thing of value given on Yotto may be used to request a tax deduction on personal, organizational or company tax returns. No money or thing of value given on Yotto may provide any financial or tax benefit to any individual seeking to use the funds as a personal benefit for any tax or tax related purpose. While the funds collected through Yotto are given to registered charities, non-profits and other qualifying beneficary organizations. No fund given to or collected by Yotto is tax-deductible. In using Yotto, and in giving money through Yotto, all users, including beneficiary organizations, players, members of the general public and any other user of the service understands, acknowledges and agrees that no funds are to be considered tax-deductible and that no beneficiairy organization or Yotto will provide any donor, giver, user or any other member of the general public, organization or individual any letters or other acknowledgement of any donations or any funds received. Should any user or organization ask Yotto or any beneficiary organization to verify that a charitable donation or donation related tax deductible funds was given, Yotto, its associated affiliates and partners will explicitly and directly deny that any funds given by any individual, organization or company were donations, and will take the position that the IRS should deny any request made that given funds be considered tax deductible. Yotto, its partners and affiliated will not acknowledge any money, funds, or anything of value ever given or contributed to Yotto, the Santa Barbara Foundation or any beneficiary organization. 67. DONOR ADVISED FUNDS. A donor advised fund is a charitable giving vehicle administered by a public charity [The Santa Barbara Foundation] and created for the purpose of managing charitable donations on behalf of an organization, family, or individual. A donor advised fund offers the opportunity to create a flexible vehicle for charitable giving as an alternative to direct giving or creating a private foundation. Donors enjoy administrative convenience and cost savings in using a donor advised fund. The Santa Barbara Foundation will only make grants from a donor advised fund directed to other public charities with verified tax-exempt status as determined by the United States Department of the Treasury. The Santa Barbara Foundation will not provide any acknowledgement of any donations, funds, contributions or anything of value given to the Foundation through Yotto as part of any request for a tax-deduction. All funds, donations, contribution or anything of value given to the Foundation is NOT TAX DEDUCTIBLE. 68. FUNDS GIVEN ARE IRREVOCABLE GIFT. As required by law, all assets contributed to funds become irrevocable gifts to the Santa Barbara Foundation and legal control and responsibility for the funds rest with the foundation. In making a gift to the foundation, donors give up all right, title and interest to the assets contributed. 69. VARIANCE POWER. In accordance with regulations of the Treasury Department, all funds established at the Santa Barbara Foundation are subject to the foundation's variance power, as set forth in the foundation's by-laws. Variance power gives the foundation the authority to modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations if, in the sole judgment of the foundation's board of directors, such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable needs of the community or area served. 70. INVESTMENT OF ASSETS. In particular, donors cannot chose investments, investment managers or brokers after their gift has been made. The board of directors and investment committee of the foundation have the right to make any or all investment decisions regarding gifts received, except that fund advisors have advisory privileges with respect to fund investments. All assets contributed to funds will be managed in the foundation's investment pools. Investment allocations among the foundation's investment pools can be changed no more than once per calendar year, unless a significant change to grantmaking or fund balance occurs and prudence requires a change. The foundation may hold up to five percent of fund assets in non-interest bearing cash at any time. All income and capital gains or losses will be allocated to the fund on a monthly basis. 71. DONOR ADVISED FUND FEES. There is no fee for any beneficial organization or player to use Yotto to raise funding. Further, no player must make any donation in order to help a beneficial organization raise funding. There are fees associated with Yotto once donations are made. There is a payment processing fee of 2.9% + 30 cents with Stripe.com. There is an administrative fee of 5% with Yotto. There are also investment fees associated with the investment of the funds collected through Yotto and invested by the Santa Barbara Foundation. The foundation's investment fees are 1.5% of grant amounts as of August 15, 2017. The foundation reserves the right to change its fees at any time. 72. With Yotto, the fundraising game is the method by which all donors, collectively through the actions of their playing the game, choosing various charities to play for, picking six numbers and using the winning numbers to determine which charity shall receive the common funds collected from donors during the duration of the game, is the manner in which all grantmaking is determined and executed by the foundation. This collective action constitutes advisement to the fund by the donors. Advisement by the donors is simply advisement. The foundation reserves the final right to make all final investment and grantmaking decisions of funds raised using Yotto. No funds provided to the foundation are tax deductible. No acknowledgement of any donations will be made by Yotto, the fund or the foundation to any individual or organizational donor. 73. PRIMARY CONTACT. Yotto is the sole entity that will be contacted by the foundation regarding grantmaking and fundraising decisions. While Yotto will take the advisement of the collective actions of the community as expressed by the actions of the fundraising game, Yotto is the sole entity with fund advisory privileges. 74. FUND SPENDING POLICY. The Santa Barbara Foundation recommends a minimum five percent annual distribution rate for all funds. If the fund into which collected monies is deposited becomes endowed, the foundation's trustees will set and monitor a required annual distribution rate that is calculated as a percentage of fund assets. This rate is based on 12 trailing quarter balances and is subject to change based on community needs, investment performance and the long-term preservation of endowment funds' principal. An endowed fund must be invested for a minimum of 12 months before the fund's initial annual distribution can be calculated. 75. GRANT DISTRIBUTION. Grants must be for charitable purposes, and those grants may be recommeded to any 501(c)(3) organization or verified charitable entity located within the United States. Grants may also be given for charitable purposes to non-501(c)(3) organizations if the charitable expenditure can be verified through a process called expenditure responsibility. Expenditure responsibility is required for any organization not described in Internal Revenue Service Section 170(b)(1)(a), including private operating foundations, governmental organizations and new public charities that do not yet have 501(c)(3) status. Approval of and distribution of grants requiring of expenditure responsibility will be done at the sole discretion of the foundation. Grants given to all 501(c)(3) public charities must be a minimum of $100. Grant checks sent to organizations are accompanied by a foundation letter specifying the name of fund. The name of fund is The Yotto Fund. Approved grants are typically sent within 10 working days of the recommendation from Yotto being received by the foundation. The foundation assumes responsibility for check writing, bookkeeping, investment management, tax reporting, auditing and evaluation of projects, and for making available reports of fund income, expenses and grantmaking. 76. RESTRICTIONS ON GRANTS. Grants are not permitted to individuals, for non-charitable purposes; for political contributions or to support political campaign activities; or for any purpose that would provide benefits, goods or services to any individual or organizational donor recommending the grant, or to persons known to the individual or organizational donor. Grants are not allowed to private non-operating foundations. 77. FUND INACTIVITY. If a fund advisor is no longer willing or able to advise the fund's distribution, and no successor advisor is named, the foundation's trustees will assume responsibility for grantmaking. Inactivity is when no grant recommendations or gifts are received for a period of two consecutive years. In the event of event inactivity and/or termination, the fund balance in its entirety will be transferred to the Permanent Endowment for Santa Barbara at the Santa Barbara Foundation. This transfer would be for the sole benefit of the foundation and its associated charities. Yotto will not benefit in any manner from a transfer of fund proceeds to the Permanent Endowment. Yotto has no financial, personal or professional relationship with the foundation other than the use of the foundation as a holding and investment mechanism for funds raised for charities with Yotto. 78. FUND CLOSURE. In the event of funds closure and the remainder of unallocated proceeds, the fund balance in its entirety will be transferred to the Permanent Endowment for Santa Barbara at the Santa Barbara Foundation. This transfer would be for the sole benefit of the foundation and its associated charities. Yotto will not benefit in any manner from a transfer of fund proceeds to the Permanent Endowment. Yotto has no financial, personal or professional relationship with the foundation other than the use of the foundation as a holding and investment mechanism for funds raised for charities with Yotto. 79. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: email@example.com and/or 538 Old Country Road, Plainview, New York 11804.