FAQ

Answers to Frequently Asked Questions

Frequently Asked Questions

  • What is Yotto?
  • 1. What is Yotto?

    Yotto is an app that lets you play free games for cash. Prizes start at $100 and go up!
  • How do I play Yotto?
  • There are 3 ways to enter Yotto:

    1. Download the app! You get a free entry just for downloading! or

    2. Find a vendor listed on the map in the "find" section. Visit the store, find the Yotto sign that "You Are Looking For" and snap the picture using the app. You can enter as many times as you want this way; or

    3. Play our Pick 6 game in the "Play" section in the app. You just pick six numbers and press play. You get to enter once a week this way. It's also free!
  • How do I "Snap" the Yotto code I find at the store or event?
  • Once you download the Yotto app:

    1. Open the app.

    2. Find the "Snap" button on bottom of the screen and press it. This will open up a page.

    3. Press the "Scan Code" button that you see in the middle of the app. This will open up your phone's camera.

    4. Point your camera at the Yotto code card you see in the store. It should register automatically.

    5. If the code does not register, put your phone closer to the Yotto card. It should work.

    If you have any questions or problems, feel free to contact us at social@yotto.org
  • Is Yotto free to play?
  • Yes. Yotto is free to play and win.
  • I want to promote my store location on Yotto. Can I do that?
  • Yes! Download the app and fill out the "Vendor Registration" section. We will contact you with a Yotto code that you can place in your store(s) and list you on the Yotto map, so that users know how to find you.
  • Can my store offer discounts or deals using Yotto?
  • Yes! And for a limited time, Yotto is offering to send out deals for free! Contact us at social@yotto.org and we will contact you.
  • How much does it cost to list my store on Yotto?
  • For a limited time, Yotto is free for your store to try. We will send you a Yotto code to place in your store and list your location on our map for players to find. We are also willing to send out special offer deals to players for free as well. There is no reason not to try us!
  • Where did you get the cool videos, pictures and audio from?
  • The videos, pictures and audio files used to create the promotional and instructional videos come Vimeo and Unsplash, with each media source listed as being CC-BY by creativecommons.org, allowing for their use by Yotto:

    1) The first promotional video was created from "Money Box" by Muzappar Osman. You can view Muzappar's fantastic work, including "Money Box" at WWW.MUZAPPAR.COM.

    2) The second promotional video containing footage of the St. Jude's Children Research Hospital was shot by Guggenheim Productions. You can view their work at https://vimeo.com/guggenheimprod.

    3) The launching and splash page photos are provided by Unsplash.

    4) The images of TD Bank, the Santa Barbara Foundation and Yotto are provided by, and the property of, their respective copyright owners.

    5) The audio on all promotional and instructional videos is provided by JukeDeck.com: "Music from Jukedeck - create your own at http://jukedeck.com."

  • Why should I list my store or event on Yotto?
  • Yotto offers cash prizes to the winners of our free games, a great incentive for people to play. One way we let people enter a contest is by entering a store, pop-up event, church, cultural event, or other location that is holding a special event, and snapping a picture of the Yotto code on a card we place inside the store.

    Many players who visit your store to play Yotto will become paying customers. And if you sell a great service or product, will become repeat customers. We think this is a great reason why you should list your store or event location on Yotto.
  • Can non-profits list their events on Yotto?
  • Yes. Of course you can list your event. Just fill out the Vendor Registration section and mention that you are a non-profit or charity.
  • Does Yotto do anything to help charities?
  • Oh yeah! Every December, Yotto and TD Bank host a special game just for charities. Players play for their favorite charities, with the winning player's chosen charity receiving the money in the jackpot! So far, the Yotto jackpot for charity is approximately $1,000 but we expect that to grow by December. Only charities registered with Yotto and listed in our charity section can participate, so reach out to us. We can be reached at social@yotto.org
  • Is Yotto affiliated with any charity?
  • Yotto is not affiliated with any charity, non-profit or government entity. Yotto is a platform where charities, non-profits and governments can raise money using Yotto. Yotto has an agreement with the Santa Barbara Foundation, a 501c3 nonprofit located in Santa Barbara, California, whereby pledges are deposited and collected by SBF, before being forwarded to the charities.
  • Can a player make a donation to charity using Yotto?
  • No. The donations all come from TD Bank. But Yotto is a great way to help a charity that you care about.
  • Why is there a charity section on the app?
  • The charity section lists the charities that have signed up to participate in Yotto's Game for Charity that we hold every December. In the Game for Charity, players pick a charity and pick 6 numbers. If a player wins, the charity that they chose wins all the money in the jackpot. It's a great way to help a cause you care about at the end of the year and show your holiday spirit.

PLAYER QUESTIONS

  • How do you play Yotto?
  • There are 3 ways to enter Yotto:

    1. Download the app! You get a free entry just for downloading! or

    2. Find a vendor listed on the map in the "find" section. Visit the store, find the Yotto sign that "You Are Looking For" and snap the picture using the app. You can enter as many times as you want this way; or

    3. Play our Pick 6 game in the "Play" section in the app. You just pick six numbers and press play. You get to enter once a week this way. It's also free!

    If you have any questions about this, please do not hesitate to reach out to: legal@yotto.org.
  • How much is the Yotto jackpot?
  • The Yotto jackpot starts at $100. You can check on Twitter how much the jackpot has grown.
  • How does someone win?
  • 1) The winner of the Pick 6 game is declared the overall winner.

    2) If there is no winner of the Pick 6 game, the player with the most check-ins is declared the winner.

    3) If, for any reason, we cannot determine the player with the most check-ins, the winning player will be the one who made the last entry before the winners are declared.
  • How old do I have to be to play Yotto?
  • You have to be at least 18 years of age to play Yotto. By playing Yotto, you are stating that you are at least 18 years old.
  • Do you disclose my name or personal information if I win?
  • By playing Yotto, you consent to Yotto using of any information you willingly provided for promotional purposes. Also, where required, Yotto will cooperate with any lawful and proper request for player information requested by a government entity. Such cooperation may result in the release of the personal information you shared with Yotto. In using Yotto, you acknowledge and agree with this policy. If you want to remain anonymous, please reach out to us at legal@yotto.org and we will see if there is someway we can accomodate your request. Please keep in mind that Yotto will disclose the winners of all games where required by law, regardless of any promises made not to disclose your identity.
  • I chose all 6 winning numbers, but I didn't win. What's up with that?
  • To win, you must pick all six winning numbers, in the same order. For example: If the winning numbers are 1, 2, 3, 4, 5, and 6. You must pick 1, 2, 3, 4, 5 and 6, in that specific order. If you pick, 1, 2, 3, 4, 6, and 5, your numbers are not the winning numbers. We do this because we want to prevent the jackpot from being split between too many winners. We apologize for any confusion this may cause. If you have any other questions about this issue, or any other issue, please feel free to reach out at legal@yotto.org. Thanks.
  • How come I can only play once?
  • You may make only one entry per each Pick 6 game. We do this to prevent there being too many winners.

    We are working on allowing you to make multiple entries into a single game, and will release that option with the next version of Yotto.

    We are also working on offering multiple games at the same time, so you can play more often.

    You are free to enter as many times as you want by checking-in at stores. If there is no winner of the Pick 6 game, the player with the most check-ins wins, so its worth checking-in at as many stores and locations as possible.
  • When are drawings?
  • Drawings are held every Thursday at 9pm.
  • How do I get paid if I win?
  • If you win Yotto, we will contact you via email. You must respond within 30 days to claim your prize. We will mail you a check. If you win, there may be reporting and withholding obligations to the IRS. You are responsible for any taxes, social security payments, or other similar payments that are owed, or may be owed in the future.

PRIVACY POLICY

  • Yotto's Privacy Policy
  • 1. Our Commitment to Privacy

    Yotto.org, LLC ("Yotto", "we", "us") is committed to respecting and protecting your privacy. Yotto has developed this Privacy Policy ("Privacy Policy") to help make sure you understand what information we collect and what Yotto does with the information we collect. The Privacy Policy discloses the information we gather at Yotto and its affiliated iOS, Android and other apps and web based entities and products (the "Site"), as well as ways in which we process and, share such information and how you can correct or change such information. This Privacy Policy addresses our privacy practices relating to the general use of our Site by anyone who visits, browses or otherwise uses the Site, or who otherwise contacts us by mail, email, social media or telephone in connection with the services we offer (collectively, "you").

    By visiting the Site, submitting information, visiting a participating location, making a purchase or using any of our products or services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy and consent to having your data transferred to and/or processed in the United States, and if applicable, overseas. If you do not agree to this Privacy Policy, please do not use the Site.

    2. The Information We Collect

    Yotto is a marketing platform that drives traffic to selected locations, both physical and virtual, and award cash prizes to winning players. Yotto does this through the use of its proprietary skill-based lottery software. The Site is intended to provide this service without requiring you to submit any more personal information than is reasonably necessary to use the Site effectively.

    We collect the following categories of information from you: We may receive and store any information you enter on the Site or provide to us in any other way that would allow us to identify you personally or contact you. Examples of information we may collect from you include:

    • If you set up a personal account, we collect your name, email address and if you choose, social information (from the social networking site you connected with), any photos that you upload to the Site, your mailing address and phone number;

    • Your email address and any personal information you provide to us when you email us, contact us, or when you post on the Site;

    • Personal information you provide about yourself on your account page, a project page or anywhere else on the Site. For example, if you use any third-party platforms, such as Facebook or Twitter, to share information about yourself on the Site, we collect that information;

    • Location information you provide about yourself. For example, when you download the app, check in to a specific participating location, or otherwise use the app in a manner you selected when you first downloaded the app and selected the level of location information you choose to provide to us;

    If you do not want us to collect information about you, you can simply decide not to submit it to us, but then you may not be able to take advantage of all of the services and products offered on the Site.

    If you are a Vendor, retailer, organizer, owner, or some other lead person in a company, organization or entity that signs up with Yotto for the purpose of having a GPS interactive Yotto code physically placed within the store, event or other similar entity listed on the Yotto “Find” map feature (each a "Vendor") and you establish an account with Yotto, or pay funds to Yotto for such purpose, we may collect the name, physical address, email address, and phone number of the person who establishes a Vendor account and claims your Vendor Entity (the "Vendor Contact") and any other information that is provided to us about your Vendor Entity. We may also collect, if the Vendor Contact chooses to provide it, any photos uploaded to the Site. When you visit our Site, our web server sends a cookie to your computer or mobile device. Cookies are small pieces of information which are issued to your computer or mobile device. When you visit a website or access or use a mobile application, and which store and sometimes track information about your use of the Site. A number of cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to the Site and will last for longer. Some of the cookies used by the Site are set by us, and some are set by third parties who are delivering services on our behalf.

    Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. You can also learn more about cookies by visiting www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies using different types of browsers or mobile devices. By blocking or deleting cookies used on the Platform, you may not be able to take full advantage of the Site.

    A web beacon is a transparent image file. Web beacons enable Yotto to track website usage information, such as the number of times a given web page has been viewed. Web beacons are invisible to you and are not placed on your computer. We may use them in association with cookies to understand how visitors interact with the pages and content on the pages of the Site.

    We may also use Web beacons to track whether you have opened an HTML email. When the email is opened, a part of the code that makes up the HTML page calls a web server to load the web beacon that then generates a record showing that the email has been viewed. Web Beacons may also recognize when the email was opened, how many times it was forwarded and which URL’s were clicked.

    Yotto uses Google Analytics to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your personal information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

    When you send an email to Yotto, we may retain your email address and the contents of the email you send.

    In using the TD Bank Charity Affinityl program, you acknowledge and accept all the terms and conditions as issued by Toronto-Dominion Bank, N.A. In using Yotto, you may be asked to participate in a charity affinity or charity donation program by certain banks. Should you choose to participate, you understand that you acknowledge and accept all the terms and conditions issued by that specific bank that you choose to participate in.

    From time to time, we may also ask you to provide us information that is not intended to allow us to identify you personally. This information may be aggregated and used for our internal purposes or for creating reports for third-party advertisers and partners, or otherwise shared with third parties for any lawful purpose, without your permission.

    We also may automatically collect Site usage information, such as the numbers and frequency of users to the Site, pages visited and similar data. This data is used in the aggregate, that is, as a statistical measure, and not in a manner that is intended to identify you personally. Aggregate information generally is collected through the use of cookies and web beacons as discussed above. This aggregate information helps Yotto determine general usage patterns and modify the Site in order to improve your experience. This type of aggregate information may be shared with third parties at any time. It may be necessary, in rare cases, for us to obtain address or other information about you from third-party sources for fraud prevention or for legal compliance, to enforce our legal rights or to protect the rights of other users of the Site and our services.

    3. How We Use Information

    When you provide us with your personal information, we may use such information for a number of purposes, including:

    • To facilitate communication between Yotto and you including, without limitation, responding to your questions or comments, sending emails concerning our products and services including upcoming events, announcements, and sweepstakes, or to contact you for feedback regarding us, advertisers or business partners;

    • To administer your account, process donations, provide products or services to you and for Yotto marketing and promotional activities;

    • To provide you with important functionality changes to the Site, new Yotto services and, to the extent permitted by law, special offers from Yotto and reputable third parties that we think you will find valuable;

    • To customize, analyze, adjust and improve the Site to meet yours, ours, our vendors’ or our business partners’ needs and expectations;

    • To enforce our agreements with you, prevent fraud and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws;

    4. Accessing or Changing Your Information

    Yotto allows you to change or correct inaccuracies in your personal information by logging into your account and making changes at any time. If you have questions about, or wish to review or correct the personal information we maintain about you, you may send an email at legal@yotto.org.

    5. Disclosure of Information to Third Parties.

    Yotto may give, share, sell or trade your personal information to or with any third parties under the following circumstances:

    We may retain other companies and individuals to perform certain functions on our behalf. Examples include, but are not limited to, companies and individuals who: (i) administer the Yotto accounts; (ii) process pledges; (iii) conduct surveys or promotional activities; (iv) deliver products; or (v) provide customer support, web hosting, internet service, and data analysis. Such third parties may be provided with access to personal needed to perform their functions but may not use such information for any other purpose.

    We may disclose any information we deem necessary, in our sole discretion and without your prior permission, to comply with any applicable law, regulation, legal process or governmental request. We may also exchange information with other companies and organizations for credit fraud protection, risk reduction and related activities or to protect the rights, property of safety of Yotto, its agents, employees or affiliates or others. Yotto reserves the right to use and to disclose to third parties the personal information of a user who we believe is in violation of our Privacy Policy or other terms as posted on the Site, even without a subpoena, warrant, court order or other governmental request, to the extent we deem necessary to protect the safety, security and rights of Yotto and of third parties.

    In the event of a sale, merger, liquidation, dissolution or sale or transfer of substantially all of the assets of Yotto or the Site, personal information may be sold, assigned or transferred to the party acquiring all or substantially all of the equity and/or assets of Yotto or the Site in order to permit the party to continue the operation of Yotto and/or the Site or any successor version of the Site. By using the Site, you consent to the sale and transfer of your information as described in this paragraph. Our successors and assigns may collect and use your information for substantially similar purposes as described in this Privacy Policy.

    6. Credit Card Information.

    Yotto does not collect, store or otherwise maintain any credit card information from individuals who use Yotto.

    7. Information You Publicly Post.

    Any information you post publicly on the Site ("Publicly Available Content") is available to the public without any expectation of privacy or confidentiality. Copies may remain viewable in cached and archived pages or if other users have copied or stored your Publicly Available Content even if you remove the Publicly Available Content.

    8. Information you Provide to Facebook and Other Social Networking Sites.

    The Site allows users to access Facebook, Twitter, Instagram and other social network sites, to interact with friends and to share on Facebook through Wall and friends’ News Feeds, and other like products. We do this currently through a third-party service. That third-party service may store some of the information as part of their provision of services to us. If you do not use Facebook or another social networking site (SNS) to log in then that third-party does not receive any data. If you are already logged into the Site and Facebook or another SNS, when you click on "Connect with Facebook," or a similar connection on another SNS, you will be prompted to merge your profiles. If you are already logged into the Services but not logged into Facebook or another SNS that we support, when you click on "Connect with Facebook," or a similar connection on another SNS, you will be prompted to enter your SNS credentials or to "Sign Up" for the SNS. By proceeding, you are allowing the Site to access your information and you are agreeing to the Facebook or other SNS’s Terms of Use in your use of the Services. Conversely, if you are not currently registered as a user of the Site, and you click on "Sign in" using Facebook or another SNS that we support, you will first be asked to enter your Facebook or SNS credentials and then be given the option to register for the Site. In this case, we may receive information from Facebook or another SNS to make it easier for you to create an Account on the Site and show our relevant content from your Facebook or SNS friends. Once you register on the Site and connect with Facebook or another SNS you will be able to automatically post recent activity back to Facebook or the other SNS. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. Further, you can edit privacy settings for the reviews that appear on Facebook, or disconnect your Services activity stream by visiting the Facebook Applications Settings page.

    9. Important Disclosures, Practices and Contact Information

    The Site may contain links to third-party websites. Please be aware that Yotto cannot control and is not responsible for the information collection practices of such websites, which may differ from those of Yotto. We encourage you to review and understand the privacy policies of these web sites before providing any information to them.

    We maintain a variety of safeguards designed to protect your personal information from unauthorized access, loss, misuse, alteration and disclosure. For example, we use industry accepted tools and techniques to protect against unauthorized access to our systems. We implement both physical and technological protocols to limit access to your personal information.

    You should be aware, however, that Yotto has no control over the security of other websites on the Internet that you might visit even when a link may appear to those websites from our Site. If you share your computer or use a computer that is accessed by the general public, remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your personal information.

    No system can be completely secure. Therefore, although we take commercially reasonable steps to secure your information, we do not promise, and you should not expect, that your personal information, searches or other communications always will remain secure. In the event of a breach of the confidentiality or security of your personal information, we will notify you if reasonably possible and as reasonably necessary so that you can take appropriate protective steps. We may notify you under such circumstances using the email address(es) we have on record for you. You should also take care with how you handle and disclose your personal information.

    The Site is not intended for persons under the age of 13. Yotto does not knowingly market to, or solicit information, accept service or collect information from any person under the age of 13. If Yotto becomes aware that any person submitting information to the Site is under the age of 13, we will attempt to delete the account and any related information as soon as possible. We require that only persons 13 years of age or older use the Site. By using the Site, you hereby represent that you are at least 13 years old. No entry may be made by any individual under the age of 18. By using Yotto, the user acknowledges and states that they are at least 18 years old.

    We may change this Privacy Policy, and any of our policies and procedures concerning our practices for managing personal information, at any time and without prior notice subject to applicable law. When we post changes to this Privacy Policy, we will revise the updated date at the top of this Privacy Policy. If we make any material changes to our Privacy Policy, we only will notify you by sending an email to the email address(s) you provided to us, and by prominently posting notice of the changes on the Site. We will give you an opportunity to opt-out of any materially changed Privacy Policy or alternatively, delete the information you have provided to us. We recommend that you check the Site from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies. Any changes that are made to this Privacy Policy will apply to both any personal information that we hold prior to the effective date of the amended Privacy Policy and any personal information that we collect on or after such effective date.

    If you have any questions about Yotto generally, this Privacy Policy or the Site, please feel free to contact us either by sending an email to legal@yotto.org

    The Site is hosted in the United States and is governed by United States law. If you are visiting the Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy. This Privacy Policy does not create rights enforceable by third parties.

    If you are a California resident, California law permits you to request certain information regarding our disclosure of personal information to third parties for their "direct marketing purposes" as such term is defined by California’s Shine the Light Law (California Civil Code 1798.83). To make such a request, please email us at legal@yotto.org. Yotto does not disclose any personal information to third parties for their direct marketing purposes as a matter of policy. However, Yotto will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or postal address specified above. You should put "California Privacy Rights" in the subject line and in your request. You must provide Yotto with specific information regarding yourself so that Yotto can accurately respond to the request.

TERMS AND CONDITIONS PART 1 OF 3

  • Terms and Conditions
  • Yotto - Terms and Conditions

    YOTTO Official Rules

    NO PURCHASE NECESSARY OR REQUIRED TO ENTER OR WIN ANY YOTTO CONTEST. TO ENTER A YOTTO CONTEST FOR FREE, SIMPLY DOWNLOAD THE YOTTO APP FROM THE IOS APP OR GOOGLE PLAY STORES. THERE IS NO COST TO DOWNLOAD THE APP.

    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.

      These terms and conditions ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, govern your access to or use of the Yotto website, mobile application, platform, and additional services made available by Yotto.org, LLC., which has developed a proprietary game platform called Yotto ("Yotto", "we", or "our") (collectively, with any new features and services, the "Services") that allows users to play a skill lottery game for cash prizes. The Services shall include any and all services, features, or tools made available on or through the Yotto website or mobile application or otherwise provided by Yotto, including but not limited to any widget, form, or other tools for marketing, communications, social sharing, event registration, branding, donation, integration, customization or promotions. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING OR ACCESSING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. These Terms apply to you if you are a user, player, viewer, retailer, vendor, business, corporation, company, fundraiser, charity, donor, event organizer, event registrant or any other user of the Services (collectively, "Users" or "you"). If you are reviewing and agreeing to these Terms on behalf of an entity, you hereby represent and warrant that you are an authorized representative of such entity, with the authority to legally bind such entity and do hereby legally bind such entity to these Terms. If you choose to not accept these Terms, you cannot use the Services, and any action taken by you, or use of the Services, including any prizes won or marketing or advertising services provided is void.

    In addition to reviewing these Terms, you should also read our Privacy Policy to better comprehend how we collect and use your information. Your use of the Services constitutes your agreement to our Privacy Policy. You may contact us at legal@yotto.org if you have any questions regarding these terms and conditions.

    Please review the Yotto Privacy Policy for information and notices concerning our collection and use of your information. Certain areas of and/or features or products on the Services may have different and/or additional terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or feature, the latter take precedence with respect to your use of that area or feature and with respect to the provision in conflict. 

    Access to the Services from territories where the Services are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, and regulations regarding their use of the Services. Yotto is not designed to enrich any individual or private persons, as is only to be used as a fundraising tool to charitable, religious and governmental entities. In using Yotto, both users and fundraisers acknowledge and agree that they will not use Yotto to enrich any individuals or private person(s). The use of Yotto to make money as individual is strictly prohibited. Any evidence of an individual's use of Yotto to enrich themselves, either directly or indirectly, shall render any funds or promised payments void and shall result in the immediate revocation of the individual's and organization's membership.

    1. The Role of Yotto. The purpose of the Services is to help individuals, entities, retailers, vendors or organizations increase and drive foot traffic to their stores, events and locations. Thereby raising the profile of the locations and events and ultimately increasing sales, both free and paid, of those entities. Yotto is not a fundraising service, and does not solicit or advertise any investment or solicitation for investment. We merely provide a technology platform to allow users to connect with entities through the use of Yotto’s skill-based lottery contest software.

    2. Using the services of Yotto. To use the Services, you must: (1) be over the age of majority in the jurisdiction in which you live (i.e. at least 18, and in some cases 19 years old); (2) be registered with us (to the extent required) and not have been previously restricted, suspended or terminated by us; and (3) not be using another User's account without their permission. . You will be required to provide some information when you sign up, including an email address and/or access to your social media account to receive any notices required by law, in lieu of communication by postal mail, along with other messages, including changes to features of the Services. You may need a username and password to use certain features of the Services. By selecting a user name, you agree that you will not select or use a name and/or URL: (a) of another person with the intent to impersonate that person; (b) subject to the rights of any person without authorization; (c) in violation of the intellectual property rights of any person; or (d) that Yotto, in its sole discretion, deems inappropriate or offensive. You hereby expressly permit Yotto to identify you by your user name (which may be a pseudonym). You acknowledge and agree that you shall have no ownership or other property interest in your account, URL and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of Yotto. You are responsible for maintaining the confidentiality of your password and account information, and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify Yotto immediately of any unauthorized use of your password or account or any other breach of security. Yotto assumes no liability for any loss or damage arising from any unauthorized use of your password or account by a third party. Yotto has the right to reclaim any user name(s) or URLs for any reason. You agree to: (a) provide accurate information as prompted on the Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Yotto has reasonable grounds to suspect that such information is inaccurate, Yotto may suspend or terminate your use of the Services and/or decline to permit your continued use of the Services and future access to the Services, at any time and at the sole discretion of Yotto.

    3. Vendors. A Vendor, Retailer, Organizer, or other individual or entity (Collectively known as a “Vendor”) who creates an account and/or hosts a Yotto GPS (Geolocation Positioning System) within a specific location or locations, for the purpose of increasing the profile of a store, event, location or other entity through the Services is subject to the following additional terms of these Terms that apply specifically to Vendors. By using the Services, you represent and warrant that: (a) you are authorized to bind the company, corporation, organization, institution or other entity to the terms and conditions of Yotto; and (b) that you agree that you will comply with all applicable state and provincial marketing, advertising, sweepstakes and skill gaming laws; and (c) that you are not using the Service to advertise or solicit for the sale of any security as defined by any federal or state securities law.

    4. How Yotto works as a game. Yotto is a proprietary skill-based “election” lottery game. Yotto includes six “spots” for which a player chooses a number between 1 and 99. The contest works as a “lottery by election” where the winning number for each “spot” is the number that receives the most votes by the players participating in the contest. To win, the player must “vote” for each winning number, in their exact order. For example: If the winning numbers are 1, 2, 3, 4, 5, 6 and a player picks or “votes” for number 1, 2, 3, 4, 6, 5. The player still loses.

    5. Alternative method of winning. The winner of the Yotto contest is the winner of the Pick 6 “election” lottery game. If no player of the game picks the winning numbers, Yotto, at is exclusive discretion, may declare that the winner of the contest is the user or player who checked-in to the participating vendors the most number of times.

    6. How Yotto Works for Vendors. Yotto is a proprietary, skill-based lottery game. For a Vendor to use Yotto, the Vendor contacts a representative of Yotto and requests that Yotto place a GPS based code within the specific location that the Vendor seeks to drive customers or foot traffic to. A Yotto representative will physically place a Yotto card that contains a QR code and image(s) in a location of the Vendor’s choosing within the location. Yotto will then add the Vendor location to the Yotto location back end, and to the map in the “Find” section of the Yotto ios and android apps. For Yotto to work, both a GPS code and a listing within the Yotto back end and front-end map must exist simultaneously. Without both elements existing simultaneously, the Yotto code will not function, and will not be useful to users. In using the Service, the Vendor consents both to Yotto placing a GPS code within the location, and simultaneously adding the location to both the back-end and front-end map software utilized by Yotto in an online, mobile and app formats. The Vendor also consents to Yotto modifying the code, location or making any other reasonable changes to the Vendor information in order to facilitate the Service, use or overall user experience of Yotto in any manner deemed necessary by Yotto, at any time and without any notice to the Vendor.

    7. How Yotto works for Players. Yotto is a proprietary, skill-based lottery game that allows players to win cash prizes. For a player to use Yotto, the player must first download the app version of Yotto from the iOS or Google Play app stores. The app version is free to download. The player must then create a profile within the app, using, at the player’s discretion, an email owned by the player, or a social media account owned by the player. The player then has three methods of entering a Yotto contest: 1) The player will receive one entry into the Yotto at the time the player downloads and signs on to the app. This is a one time free entry and applies only to the contest that is live at the time that the player downloads the app and creates an account. 2) The player may open the map in the “Find” function of the app, and locate a vendor located on the map. The player then visits that Vendor at the physical location, finds the Yotto “This is the Sign You are Looking For” card with the QR code located within the vendor, opens the “Snap” function in the app, points their camera at the card and press the “scan” button on the app. The player may enter as many times as they want using this method. There is no fee or purchase necessary for a player to enter the Yotto contest using this method. However, entries must be made at least 1 hour apart. 3) The player may open the “play” function on the app, enter six numbers between 1 and 99 and press the “Play” button on the app. The player may enter as many times as they want using this method with the purchase of a paid subscription.

    8. Player and Vendor obligation not to misrepresent themselves. The player must have an ownership interest in the email or social media account used to create the player account, and have the authority to bind the email address or social media account to the Yotto terms and conditions. The player agrees not to use another individual’s or organization’s email or social media account to open a player account, or to hide or misrepresent the true identity or ownership of the email or social media account used to create a Yotto player account. Any violation of this section renders all plays and prizes void. In using Yotto, the user agrees that Yotto, in its sole and exclusive discretion, may determine that a player’s or vendor’s account is invalid, and terminate that account.

    9. How the Jackpot is generated. The Jackpot is generated from advertising fees collected from vendors and advertisers and subscription fees charged to players. In the unlikely event that there is no Jackpot winner, the Jackpot funds will be rolled over to the next Yotto contest.

    10. Fees for the use of the Yotto Service for Vendors. At present time, Yotto does not charge Vendors to be listed in the Yotto map. It is anticipated that Yotto will charge Vendors a monthly fee for listing on the Yotto map, with the price determined in part by the traffic and sales generated by that Vendor’s use of the Yotto service. In using Yotto, the Vendor acknowledges and agrees that Yotto may require the Vendor pay a fee to use the Yotto service, that this fee may be different from that charged to other Vendors, and that the fee is subject to change, at the exclusive discretion of Yotto, without prior notice to the Vendor. If the Vendor is charged using a credit card, the Vendor agrees to be responsible for any all fees associated with credit card transactions and agrees to pay a $100 fee on top of any charge back fees that may occur should the Vendor fail to pay for the Yotto service or process a charge back by their credit card.

    11. Fees retained by Yotto. Yotto retains a twenty percent (20%) fee of all funds collected from advertising, subscription and other revenues collected through the use of Yotto by Vendors, Advertisers and Players. The remaining eighty percent (80%) of funds collected is used to fund the various Yotto jackpots.

    12. Annual Game for Charity. Every December, Yotto conducts one Game for Charity. The Jackpot funds come from various banks and their affinity programs. There is no fee for a player to participate in the Game for Charity, and the Jackpot funds are granted exclusively to a 501c3 charity or non-profit. Any donations made as part of the Game for Charity are exclusively handled by the Berks County Community Foundation of Pennsylvania and the Santa Barbara Foundation of California. Yotto retains a one-time fee of 5%. Other fees, such as payment processing fee and Foundation fees may be applied by Stripe.com, BCCF and SBF. You may see those fees on their respective website.

    13. Receiving Funds. In using Yotto, the Player acknowledges and agrees that they are required to fully identity themselves, and provide Yotto with a government identification disclosing that individual’s name, address and phone number. The Player agrees and consents that, depending on how much money has been won, that Yotto may be required to withhold a certain amount of funds to satisfy federal and state tax withholding requirements. Any attempt by a player to misrepresent their identity, or failure to disclose their identification may result, in the sole discretion of Yotto and without notice to the player, in the player’s win being voided by Yotto.

    14. Ownership of the Services. The Services and all technology underlying the same are expressly owned and operated by Yotto. Unless otherwise noted, the design and content features on the Services, including without limitation: information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, APIs, URLs, and the like, as well as the selection, assembly and arrangement thereof (collectively, the "Site Information"), are owned by Yotto or its affiliates, if any, or are licensed by Yotto from third parties. The Services, as a whole and in part, are protected by copyright, trademark, service mark, trade name, and other intellectual property and proprietary rights, and all other applicable rights are reserved; (1) The trademarks, logos, and service marks ("Marks") displayed on the Services are registered trademarks of their respective owners, are the property of their respective owners, and/or are protected by U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products or services that Yotto sponsors or with which we are otherwise affiliated. Yotto's trademarks may not be used for personal financial gain. Use of the Marks is prohibited without Yotto's express written consent except as permitted by applicable laws. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without Yotto's express written consent; (2) No portion of the Services or Site Information may be reprinted, republished, modified, or distributed in any form without Yotto's express written permission. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Services or any of the Site Information; (3) You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Services, or the Site Information and you must retain all copyright, trademark, service mark and other proprietary notices contained on the Services or in the original Site Information on any authorized copy you make of the Services or the Site Information; (4) Widgets. Our widgets are software tools that you may place on your website to permit your visitors to access our Website (each, a "Widget"). Subject to your compliance with the Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Widget on your website for your own personal or internal business purposes. We reserve the right to discontinue providing any Widget at any time, or to direct you to cease displaying, or otherwise using, any Widget for any or no reason, without liability to you or any third party. You may not use the Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not: (5) with, any products or services for sale; (i) Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any product, service, activity or brand contained on your website; (ii) Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic, or otherwise inappropriate, as determined by us in our sole discretion; or (iii.) Use the Widget in any manner that prevents the end users of your website from linking directly to the application page of our Services.

    15. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Yotto through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that Yotto has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Yotto a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully Yotto right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.

    16. Use of Services. To the full extent permitted by law, the Services and the Site Information are provided "as is" with all faults. Your use of the Services, and the Site Information is at your own risk. The Services or Site Information may contain errors or omission, or may be out of date. The Services or Site Information may, without prior notice, change, be deleted or updated at any time. As a condition of your use of the Services, you promise to: (a) Use the Services in compliance with all laws, regulations, ordinances, directives, court orders and this Agreement local and applicable to your use of the Services; (b) Use the Services so as not to damage, disable, overburden or impair the service, our networks or systems or not to interfere with any others' legal rights or use or enjoyment of the service; and (c) Not engage in, or encourage, promote, facilitate or instruct others to engage in, activities which, in our judgment and discretion: (i) are illegal; (ii) result in the infringement of the intellectual property rights of others or libel or defamation of another person; or (iii) harvest or otherwise collect information about others (such as e-mail addresses or other personally identifiable information) without their consent.

    17. Prohibitions. You also agree that you will not: (a) Use another User's account or URL without permission, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, misrepresent a Charity, Promotion, Event or campaign through the Services, or post User Generated Content (defined below) in any inappropriate category or areas on the Services; (b) Use the Services in any way that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) create any liability for Yotto or cause us to lose (in whole or in part) the services of our Internet Service Provider(s), web hosting company or any other vendors or suppliers; (d) engage in any conduct that, in Yotto’s sole judgment and discretion, restricts or inhibits any other user from using or enjoying the Services; (e) interfere with or disrupt any servers or networks used to provide the Services or their respective features, or disobey any requirements of the networks Yotto uses to provide the Services; (f) gain unauthorized access to the Services, or any account, computer system, or network connected to this Services, by any unauthorized or illegal means; (g) obtain or attempt to obtain any materials or information not intentionally made available through the Services; (h) use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising, except that using the Services for fundraising activities is expressly permitted; (i) engage in advertising or commercial solicitation of any product or service without Yotto’s written consent, except that using the Services for fundraising activities is expressly permitted; (j) collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Services, or use the communication systems provided by the Services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes; (k) post any identification documents or sensitive information about another person; (l) create a fundraising campaign involving legal disputes or legal issues or child custody issues; (m) use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Services or Site Information for any purpose without Yotto’s prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services or Site Information for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Yotto reserves the right to revoke these exceptions either generally or in specific cases);in any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Services or User Generated Content including but not limited to, use on a mirrored, competitive, or third-party site; (n) Transmit more request messages through the Services in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; (o) undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services; or (p) attempt to indirectly undertake any of the foregoing.

    18. Content.  When you are using the Services, you may have the opportunity to post, stream, transmit or otherwise provide photos, videos, ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other content (including information, if any, on message boards, friend feeds, comments or other forums on the Services (collectively "User Generated Content"). You alone, not Yotto, are responsible for all of your User Generated Content and you retain ownership to all User Generated Content. However, by submitting your User Generated Content to Yotto, you hereby grant Yotto a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (and waive all moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, create derivative works of, derive revenue or other remuneration from, and communicate to the public, your User Generated Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in your User Generated Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Generated Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. In addition, you represent and warrant that you will not provide User Generated Content that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, or infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Yotto shall have the right, but no obligation, to monitor User Generated Content and other features of the Services to determine compliance with these Terms and any other operating rules we establish. Yotto shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Services. We do not control any User Generated Content that you or other Users may provide. Yotto neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Services or User Generated Content, whether it is provided by Yotto, our employees, or a third party. Under no circumstances will Yotto be liable for any loss or damage of any kind caused by reliance on information obtained through User Generated Content of the Services. Yotto is not responsible for any offensive, defamatory, obscene content or any other posting made through the Services. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Yotto's sole discretion is inappropriate, objectionable or in violation of these Terms. Any User who feels that a posted message is objectionable is encouraged to contact Yotto, and send an email to legal@yotto.org.

    19. Yotto is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230 and expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider through the Services.

    20. Digital Millennium Copyright Act; Copyright Complaints. Digital Millennium Copyright Act; Copyright Complaints. Yotto respects the intellectual property rights of others and requires those that visit and use the Services to do the same. Yotto may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. Yotto also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that Users of the Services repeatedly infringe on others' copyrights, Yotto may in its sole discretion terminate those individuals' rights to use the Services. If you believe that your work has been used on our Services in any manner that constitutes copyright infringement, please notify Yotto’s copyright agent by written notice. The notice should include the following information: (a) An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; (b) A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; (c) Identification of the location on the Services of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; (d) Your name, address, telephone number and email address; (e) A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and (f) A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

    21. Suspension or Termination of Your Use of the Services. These Terms will commence on the date you accept them (as described above) and remain in full force and effect until terminated in accordance with this section. Notwithstanding the foregoing, if you used the Services prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Services (whichever is earlier) and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with the Terms. Yotto has the right to suspend or terminate any services provided to you at any time with or without reason. You agree that all terminations shall be made in Yotto's sole discretion and that Yotto shall not be liable to you or any third party for any termination of your account. If you want to terminate any Services provided by Yotto, you may do so by notifying Yotto at any time, with your notice sent, in writing, to our address: 222 Broadway, 19th Floor New York, NY 10038. Attn: General Counsel. Termination of any Service includes removal of access to such Service and barring of further use of the Service, provided that any Donations made prior to the effective date of termination will continue to be processed. All provisions of the Terms which by their nature should survive, shall survive termination of services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability. You acknowledge and agree that any and all additional services purchased pursuant to a package will not commence until receipt of full payment for such package.

    22. No Endorsement of Links to Other Web Sites. Any links to other websites are provided as merely a convenience to you. The Services may provide links or references to other websites but Yotto has not reviewed all of these other websites, has no responsibility for the content of such other websites and shall not be liable for any damages or injury arising from the content from these other websites. You understand that, except for information, products or services clearly identified as being supplied by Yotto, we do not operate, control or endorse any information, products or services on the Internet in any way. Yotto does not endorse or make any representations about these other websites, or any information or other products or materials found on these other websites, or any results that may be obtained from using these other websites. If you decide to access any of these other websites linked to the Services, you do so entirely at your own risk.

    23. Indemnification. You agree to indemnify, defend and hold Yotto and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, injuries, and damages of any kind (including attorney's fees) resulting from: (a) your use, misuse or abuse of the Services or the Site Information; (b) your User Generated Content; (c) your breach of any provision of these Terms; (d) any Events, Promotions, or Prizes; or (e) disputes between users (including but not limited to Vendors, Advertisers, Organizations, Entities, Donors, Charities, Users, Players and third parties). You will cooperate as fully as reasonably required in Yotto's defense of any claim. Yotto reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without Yotto's written consent.

    24. DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR OWN RISK. THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, YOTTO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. YOTTO, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE INFORMATION OR THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF SERVICES OR SITE INFORMATION. YOTTO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY USER GENERATED CONTENT) OR USER COMMUNICATIONS; (a) LIMITATION ON LIABILITY. EXCEPT FOR CONSUMER TRANSACTIONS OTHERWISE PROHIBITED OR RESTRICTED BY LAW, YOTTO, ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, ANY DONATIONS THROUGH THE SERVICES, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICES OR THE SITE INFORMATION, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL YOTTO BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50.00). YOU AND YOTTO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON WHERE YOU RESIDE. IF YOU ARE FROM NEW JERSEY, THE FOREGOING LIMITATIONS ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS; (b) RELEASE. YOU HEREBY AGREE TO RELEASE CROWDRISE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, "CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES OR THE SITE INFORMATION; (c) If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor; (d) Security of the Services. Yotto maintains physical, technical, and administrative safeguards that are designed to help protect the Services, our systems and our Users’, Players', Vendors', Organizations' and Entitys’ information. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. While Yotto strives to protect your information, it cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

    25. Arbitration and Class Action Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Application. This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. If residing in the United States, these Terms evidence a transaction in interstate commerce, and thus the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision (or, if applicable, the Arbitration Act (Canada)) and not any state arbitration law. This arbitration provision shall survive termination of these Terms. By agreeing to these Terms, you agree to resolve any and all disputes with Yotto as follows: (a) Initial Dispute Resolution: Most disputes can be resolved without resort to litigation or arbitration. You can reach Yotto's support department at legal@yotto.org. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Yotto support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration; (b) Notice of Dispute: A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Yotto should be sent to: 222 Broadway, 19th Floor, New York, NY 10038. Attn: Corporate Counsel, with a copy by email to legal@yotto.org ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). If Yotto and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Yotto may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Yotto or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Yotto is entitled; (c) Filing a Demand. To start an arbitration, you must do the following: (i) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (ii) Send the Demand for Arbitration, plus the appropriate filing fee, to AAA, American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100 Voorhees, NJ 08043.; and (iii) Send one copy of the Demand for Arbitration to us at: 222 Broadway, 19th Floor, New York, NY 10038, Attn: Corporate Counsel. (d) Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA") or Canadian Arbitration Association ("CAA"). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules (or CAA equivalent) and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures"). The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless Yotto and you agree otherwise, any arbitration hearings will take place in New York City. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based; (e) Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by these Terms. The arbitrator's award shall be written and shall be binding on the parties without appeal or review except as permitted by California law or United States federal law and may be entered as a judgment by any court of competent jurisdiction. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control; (f) The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. You understand that in using Yotto, you are waiving your right to sue in court and have a jury trial. You also acknowledge and agree that Yotto is not waiving this right to sue in court and have a jury trial, and that Yotto, at its sole discretion, has the right to sue you in court, and have a jury trial and that Yotto also has the exclusive right to decide terminate any arbitration proceeding, including any arbitration proceeding brought by you, and demand that your action instead be brought in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court, and you agree that if Yotto demands that an arbitration be transferred to New York State Supreme Court, that you are still responsible for any outstanding costs of the arbitration action that you originated. (g) Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction; (h) Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. IN USING YOTTO, YOU AGREE THAT ANY CLAIMS BROUGHT BY YOU OR YOTTO MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes; (i) 30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Yotto) written notice of your decision to opt out to legal@yotto.org with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Yotto also will not be bound by them; (j) Changes to This Section: Yotto will provide thirty (30) days' notice of any changes to this section by posting on the Yotto Terms website, sending you a message, or otherwise notifying you. Amendments will become effective thirty (30) days after they are posted on the Yotto Terms and Conditions website or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services; (k) Except as provided above, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in California; (l) Survival: This Arbitration and Class Action Waiver section shall survive any termination of your account or the Services. The provisions of this arbitration agreement shall only be in effect to the extent they are permitted under applicable laws. If the AAA Rules cannot be applied to an arbitration under applicable law, then the rules of the local governing arbitration body shall apply instead.

    26. Electronic Communications. When you visit or use the Services or send emails to Yotto, you are communicating with us electronically. You consent to receive communications from Yotto electronically. Yotto may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that Yotto provides to you electronically satisfy any legal requirement that such communications be in writing. You may give notice to Yotto at the following address: 222 Broadway, 19th Floor, New York, NY 10038. Attn: Counsel. Such notice shall be deemed given when received by Yotto by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

    27. Jurisdiction and Governing Law. The following limitations may not be applicable to consumer transactions where otherwise prohibited or restricted by law. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions; (a) Services are for Use in the United States. The Services are hosted in the United States and is intended for users located in the United States. If you are user of the Services from outside of the U.S., by visiting or using the Services and/or providing Yotto with any User Generated Content specifically or Content generally, you agree to comply with all federal, state and provincial laws governing the Services, online conduct and acceptable Content and User Generated Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States, or the country in which you reside. It is the express wish of the parties that the Terms and all related documents have been drawn up in English; (b) Conflict with Other Agreements. These Terms are in addition to, and do not nullify, any other agreement between you and Yotto or any other applicable Terms and conditions found on the Services. In the case of any direct conflict between these terms and any other agreement between you and Yotto, the provisions of such other agreement shall control but only to the extent applicable to the conflicting provisions. You agree to comply with all rules or restrictions that are posted on the Services. Notwithstanding the above, when you use any payment processor authorized by Yotto, in order to make or receive a Donation, your use of that service is governed by the applicable agreements and terms and conditions of that authorized payment processor; (c) Modification of the Terms. In Yotto's sole discretion, we may unilaterally amend or modify these Terms or any other documents referenced herein at any time by posting on this website. The date of the most recent revision will appear at the top of this page. Yotto encourages you to review these Terms periodically for any updates or changes. Any amended or modified Terms will be effective upon posting. Continued use of the Services constitutes acceptance of any modified terms and conditions; (d) Additional Terms. Yotto also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Services, which may be posted in the relevant parts of the Services, and will be identified clearly and conspicuously. Your continued use of the Services constitutes your agreement to comply with these additional rules. Those terms will control in the event of any conflict with these Terms.

    28. Miscellaneous Other Provisions. In the event that one or more portions of these Terms shall, for any reason, be held to be unenforceable, the remaining portion will remain in full force and effect; (a) The headings used throughout these Terms are solely for convenience of reference and are not to be used as an aid in the interpretation of these Term; (b) Any failure by Yotto to enforce any parts of these Terms will not be considered a waiver of such Term in whole or in part; (c) These Terms make up the entire agreement between you and Yotto regarding the Services and supersede any prior agreements; (d) These Terms do not confer any third party beneficiary rights; (e) You will not assign or transfer any of your rights or responsibilities under these Terms to anyone without Yotto's express written permission; (f) Yotto may, at any time, assign our rights or delegate our obligations hereunder without notice to you in connection with a merger, acquisition, or sale of equity or assets, or by operation of law or otherwise; (g) Nothing in these Terms shall prevent Yotto from complying with the law; (h) Yotto shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

    29. In the event of any conflict between the terms and conditions, any interpretation shall be determined solely by Yotto, based on the facts and circumstances in issue.

    30. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto at: legal@yotto.org and/or 538 Old Country Road, Plainview, New York 11804.

TERMS and CONDITIONS PART 2 OF 3

  • Terms and Conditions
  • Yotto - Terms and Conditions

    YOTTO Official Rules

    NO PURCHASE NECESSARY OR REQUIRED TO ENTER OR WIN ANY YOTTO CONTEST. TO ENTER A YOTTO CONTEST FOR FREE, SIMPLY DOWNLOAD THE YOTTO APP FROM THE IOS APP OR GOOGLE PLAY STORES. THERE IS NO COST TO DOWNLOAD THE APP.

    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.

    31. 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.

    32. 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.

    33. 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 “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.

    34. 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 AN INVESTMENT OR DONATION, OR OFFER ANY GOOD OR SERVICE IN EXCHANGE FOR AN INVESTMENT, 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 INVESTMENT OFFER OR DONATION, TO ANY INDIVIDUAL, ENTITY, OR BENEFICIARY ORGANIZATION FOR ANY REASON, RENDERS ANY AND ALL GAMES AND/OR PRIZES AND/OR JACKPOTS AND/OR PAYMENTS AND/OR DONATION VOID.

    35. 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.

    36. 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 an entry towards a game or contest, 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 Vendor for any loss that the Player or Vendor or similar person or entity that 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, Vendor or Entity Organization to ensure that their Account password is kept completely confidential.

    37. 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. (k) that you understand and agree that any violation of this section, or any section of these terms and conditions render any entry and/or prize void. (l) that Yotto is void where prohibited.

    38. 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. 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.

    39. 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, Organization, or other entity 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.

    40. Release and Limitations of Liability: Except where prohibited, by participating in any game, or any activity, entrants, vendors, players, individuals and organizations agree to release and hold harmless Yotto.org, LLC, 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, entity’s or organization’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s, player’s individual’s, entity’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 20% and third party payment processing fees, and any other associated payment processing fees, are satisfied from the revenues. The remaining 80% of funds will be distributed to the winning players.

    41. 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/yottonews.

    42. Payments: All payments and distributions of funds are processed by check and mailed via the United States Postal Service, (”USPS”) or other similar service. Participation in Yotto by any player or partner, or any other individual or organization constitutes consent to the policies and procedures of USPS 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, LLC, Yotto, and any and all of its subsidiaries, 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 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, 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, 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, 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, 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 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, without notice to any User, Vendor or Organization. In the event that a third party payment processor is used, by continuing to participate in Yotto, the individual, player, user and/or organization acknowledges and agrees 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 individual, user, player and/or organization 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.

    43. Payment of Taxes: Neither Yotto.org, LLC, Yotto, 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.

    44. Release of information: At the end of each year, Yotto.org, 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, user, and/or organization agrees to any and all information shared with Yotto and Yotto.org, LLC, including any financial and tax information, to be divulged to any inquiring tax authority. The individual, player, user, and/or organization acknowledges and agrees that any information provided by them, through their use of Yotto or a third party payment processor, shall be provided by Yotto.org, 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, user, and/or organization agrees to release, waive, covenant not to sue, Yotto.org, 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, 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, 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, user 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.

    45. Terms regarding the posting, viewing and use of links and content. As a Yotto account holder you may be able to submit links and Content, including videos, images, written statements, and links to social networks and other content. You understand that Yotto, 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, sub-licenseable 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, LLC, its affiliates, subsidiaries, partners and other like organizations. By submitting any content to Yotto.org, LLC, you understand and agree that Yotto.org, LLC and 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, LLC has the right to determine what is appropriate usage of content submitted. 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, sub-licenseable 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, its services, and the right to submit your content to Yotto, any revenue generated by Yotto 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. 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 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, 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, Yotto.org, LLC and its various subsidiaries, affiliates, partners and like situated entities harmless and not liable for any injury or harm that 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. 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 understood these terms and conditions, has had an opportunity to consult with an attorney or advisor, and if has not, has waived his or her right to consult with such attorney or advisor, understands and agrees to be bound by the terms of this release. Any violation of Yotto’s policies regarding content may render that individual’s, player’s, entity’s and/or organizations project(s), entries, submissions, prize or prior use of Yotto void without prior notice and at the exclusive discretion of Yotto..

    46. 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 or any of its affiliates, subsidiaries or partners. The user agrees to hold Yotto.org, 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, LLC for any injury, and may not seek or recover any damages, including attorney fees.

    47. 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 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, LLC, for any injury, inclusive of, but not exclusive of, any technical problems, crashing of the site, crashing or disconnection, loss of any pre-existing or allegedly won credits, funds, or any other issue that may arise from the use of Yotto, 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.

    48. Refunds 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 allows players to make multiple entries into a skill-based lottery game with the purchase of a paid subscription, or free entry into such games by visiting one of any participating locations. No specific purchase is made for any specific entry. As such, there is a strict NO REFUND POLICY. A player may cancel a paid subscription at any time. In using Yotto, you are reminded that you agree to waive, release, covenant not to sue, the Administrator, Yotto.org, LLC or any of its subsidiaries, and agree that you may not seek or recover any damages, including attorney fees. In the event there is some dispute, a player, vendor and/or organization may contact Yotto at: legal@yotto.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, 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, organizations and/or entities that utilize Yotto, and the methods and processes utilized by Yotto in the course of business, the user, player, 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 and/or openly competes with Yotto. The user, player, donor, 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 Yotto.org, LLC great, 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 like competition 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 Yotto.org, LLC. The individual user, player, and/or 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, organization, association, or other legal entity that said individual knows, or should have known, engaged in any manner with Yotto.org, LLC, used or accessed any webpage owned or controlled by Yotto.org, LLC, or engaged in any activity, either commercial or non-commercial, with Yotto.

    50. By accessing any webpage of Yotto, either intentionally or unintentionally, any user, player, and/or organization, acknowledges and agrees that they may not assign their rights to any other user, player 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 Yotto, 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 Nassau. 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 Nassau.

    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 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. Players, Users, Vendors and 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 prizes, then the Player, User, Vendor and/or Organization must comply with those legal restrictions. All games, entries 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 Users to change password or other information which facilitates access to the games.

    56. Abuse of the games. Players 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, user, individual, vendor or organization, or deliberately losing games for the purpose of getting a competitive advantage. Further, all users 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 other User’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 User 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, or in accepting funds through Yotto; all users, vendors, organization, either commerical and/or charities, non-profits, or 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. Void where prohibited. It is you, the user’s, responsibility 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 which may apply to you. You understand, acknowledge and agree that Yotto is entitled to collect a fee of up to 20% of the collected funds, and that further fees, such as banking, payment processing, taxes, and other fees from third parties and governments may further reduce your prize.

    59. Yotto holds a charity game once per year, and allows players an opportunity 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. For the sole purpose of the annual charity game, the player 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. It is understood and agreed that all collected donated funds are held by the Berks County Community Foundation and the Santa Barbara Foundation, with these two organizations having final authority over the destination of the donated funds. BCCF and SBF have the right, at any time, for any reason, and without prior notice given, to decide to donate the collected funds to a 501c3 organization other than the charity chosen by the winning player(s). In using Yotto, the player and 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 BCCF or SBF declining to give the charity jackpot to the charity chosen by the winning player.

    61. In the event of any conflict between the terms and conditions, any interpretation shall be determined solely by Yotto, based on the facts and circumstances in issue.

    62. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: legal@yotto.org and/or 538 Old Country Road, Plainview, New York 11804.

Terms and Conditions Part 3 of 3

  • Terms and Conditions
  • Yotto - Terms and Conditions

    YOTTO Official Rules

    NO PURCHASE NECESSARY OR REQUIRED TO ENTER OR WIN ANY YOTTO CONTEST. TO ENTER A YOTTO CONTEST FOR FREE, SIMPLY DOWNLOAD THE YOTTO APP FROM THE IOS APP OR GOOGLE PLAY STORES. THERE IS NO COST TO DOWNLOAD THE APP.

    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.

    62. DONOR ADVISED FUNDS. All funds collected as part of the annual game for charity are collected and held in one of two donor advised funds. One fund is located at the Berks County Community Foundation of Pennsylvania. The second donor advised fund is located at the Santa Barbara Foundation of California. 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.

    63. FUNDS GIVEN ARE AN 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 using Yotto and making a gift to the foundation, donors give up all right, title and interest to the assets contributed. There are NO REFUNDS.

    64. 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.

    65. 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.

    66. 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.

    67. 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.

    68. 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. While Yotto is the sole entity with fund advisory privileges, all grantmaking decisions are ultimately at the complete discretion of the Santa Barbara Foundation.

    69. 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.

    70. GRANT DISTRIBUTION. Grants must be for charitable purposes, and those grants may be recommended 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.

    71. 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.

    72. 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.

    73. 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.

    74. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: legal@yotto.org and/or 538 Old Country Road, Plainview, New York 11804.

    75. TD Bank Charity Affinity Program. As of April 20, 2018; TD Bank will pay you $25, and put another $50 in the jackpot for charity, if you sign up for a new free TD Affinity Checking Account. Connect a TD Bank Affinity Savings Account to your checking account, and TD Bank will put another $1 in the jackpot for every $1,000 you save in the account. Press the "Get $25" button, and it will take you to TD Bank's website. If you live on the east coast of the United States or Canada, you can simply sign up online, and enter our affiliate number AF1234. You can also stop by any TD Bank branch and give them our affiliate number when you sign up. If you do not live on the east coast, you can call TD's main number 1-888-751-9000, tell them you want to set up a charity affinity savings account and give them Yotto's affinity number. If for some reason you have difficulty, you can call Kathleen Pires or Yolanda Delacruz-Bruno at TD Bank at 212-688-3152, or send an email to Kathleen.pires@td.com or social@yotto.org and we will help you set up an account. You may also walk into any TD Bank branch and give them TD affinity number “AH605”. Please contact TD Bank for complete terms and conditions. In using Yotto, you acknowledge and agree that Yotto is not responsible for your interaction with TD Bank and that you agree to hold Yotto, and its third party charities and other users, harmless for any loss or damage incurred in your use of TD Bank and its programs. In signing up for Yotto, if you have an account(s) with TD Bank, or subsequently create an account with TD Bank, that is not assigned to a charity under TD Bank's affinity program, you agree to allow Yotto to provide TD Bank with your name and email address, for the purpose of assigning your TD Bank account to the Yotto Fund at Berks County Community Foundation.

    If you sign up for a TD Bank account, for the purpose of obtaining the $25 sign up bonus, please remember that the money is not deposited automatically. To prevent fraud, the TD account must be open and maintained for one year. At the end of the year, TD will then deposit the funds into your account and the Yotto jackpot account. Should you have any questions regarding this, please do not hesitate to send an email to legal@yotto.org.

    76.TD Bank Affinity Program. No user is required to participate in TD Bank's affiliate savings program in order to use Yotto, either as a user or as a charity, and in using Yotto, the user agrees and acknowledges that Yotto is not in anyway connected or involved with TD Bank's affiliate savings program and does not directly benefit from TD Bank affiliate savings program. In using Yotto, the user agrees to be bound to all terms and conditions of TD Bank, and agrees to indemnify and hold harmless Yotto, Yotto.org, LLC and any other entity connected to or affiliate with Yotto.

    77. Other bank affinity programs, such as those of Investors Bank, Alpine Bank and others that Yotto may or may not participate in are subject to these terms and conditions, as well as the terms and conditions of the third party banks. In using Yotto, the player and/or user understands, acknowledges and agrees that the funds raised by the use of a bank affinity program may only go to a recognized 501c3 organization, that the funds are used and distributed solely for the purpose of Yotto’s annual game for charity, that no proceeds from an affinity program may be used as part of a Yotto prize to individual players, and that the participation by the player in an affinity program will not have any effect or impact on a player receiving any prize or winning any Yotto game. In using Yotto, or the affiliate program of a third party bank; the player, user, entity and/or organization agrees not to sue, enters into a covenant not to sue, for any issue relating to the use of a bank charity affiliate program and/or the failure of that program to generate funds for a player’s or user’s chosen charity or organization.

    78. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: legal@yotto.org and/or 538 Old Country Road, Plainview, New York 11804.

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