Answers to Frequently Asked Questions
Frequently Asked Questions
- What is Yotto?
- How do I play Yotto?
- Is Yotto free to play?
- What can I win on Yotto?
- Does the Jackpot get bigger than $100?
- Who gets the money in the Jackpot?
- How much money can I win on Yotto?
- Where does the money in the Jackpot come from?
- Who are the advertisers on Yotto?
- Do I have to buy anything on Yotto to play?
- Is Yotto affiliated with any charity?
- How do Charities sign up to Yotto?
- How does someone win?
- How many players can win a single game?
- I chose all 6 winning numbers, but I didn't win. What's up with that?
- How are the winning numbers generated?
- How often are drawings?
- How do I get paid?
- How old do I have to be to play Yotto?
- Can I get free stuff even if I don't win Yotto?
- Do you disclose my name or personal information if I win?
- Where did you get the cool videos, pictures and audio from?
SPONSOR ADVERTISING QUESTIONS
- Can I advertise my business on Yotto?
- How does a business sign up as a Sponsor on Yotto?
- Does a Sponsor have to give a free offer to be listed?
- Can a business make a donation to a specific charity through Yotto?
- If we give a prize, is it tax-deductable?
- Can my business just make a cash donation to the Jackpot?
- When are drawings?
- How does my business provide a prize to Yotto to give away to winners?
- How does my business provide discounts, deals or free stuff to Yotto to give away?
Sections of the Yotto App
- Charities Section
- Play Section
- Deals Section
- Local Section
- FreeCash Section
- Yotto News Section
- Winners' Circle Section
- Talk to Yotto Section
- FAQ Section
- Advertise on Yotto Section
- Submit a Charity Section
- Deals Documentation Section
- LogIn Section
TERMS AND CONDITIONS PART 1 OF 3
- Terms and Conditions
- Terms and Conditions
- 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.
TERMS and CONDITIONS PART 2 OF 3
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.
29. 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.
30. 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.31. 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.
32. 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 SPECIFIC OR PARTICULAR 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.
33. 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.
34. Any false statement(s), identity or information used in the creation, maintenance or use of a Yotto account will result in any and all prizes won by such player(s) being voided, with any monetary share of the prize linked to that account retained by Yotto. Yotto reserves the right to void any play, win, prize, identity, account, or any use of the site by any player, partner, individual or group for any reason, and without notice to those affected. By creating an account on Yotto, and/or by making 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 Sponsor for any loss that the Player or Sponsor 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, Sponsor or Entity Organization to ensure that their Account password is kept completely confidential.
35. BY CREATING AN ACCOUNT ON YOTTO, AND/OR BY MAKING A FREE OR PAID ENTRY, THE USER ACKNOWLEDGES AND AGREES THAT ALL POTENTIAL YOTTO GAME WINNERS ARE SUBJECT TO VERIFICATION BY YOTTO, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE GAME. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF ENTRANT RECEIVES AN EMAIL MESSAGE SAYING HE OR SHE WON, UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND THE ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. THE ADMINISTRATOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE GAME SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED. THE PLAYER ACKNOWLEDGES AND AGREES THAT ANY FUNDS EXPENDED AS THE RESULT OF A DEFECTIVE OR VOIDED PLAY SHALL BE SURRENDERED TO THE ADMINISTRATOR. By registering, you expressly confirm that: (a) you are at least 18 years of age; (b) you are able to enter into a legally binding agreement with us; (c) you are not located in a country, state or jurisdiction where Yotto is not allowed. (If you are not sure, you should check with an attorney before you play any games on Yotto for money. Yotto does not keep or record location information for any particular player, and is not aware of your jurisdiction. The obligation to ensure that you are in a legal jurisdiction rests solely with you, the player. All plays, entries and prizes are void where prohibited.); (d) you are not a licensed bookmaker or a bookmaker’s agent, and that you do not conduct a business of negotiating or receiving bets; (e) you are not depositing money that does not belong to you, which has been gained from criminal or other illegal activity or with a credit, debit or charge card that does not belong to you; (f) you are not bankrupt; (g) you understand that you may lose money, and accept that you are fully responsible for any such loss; (h) you will not use this Website for any purpose that is unlawful or prohibited by these Terms; and (i) if you are located in any jurisdiction requiring you to be 18+ years of age, that you are 18+ years of age; and You are solely responsible to ensure that national, state or other laws to which you are subject to do not adversely affect your right to participate in or play the Skill Games or free games for money. (j) that you are not an employee of Yotto, or any associated company of Yotto. (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.
36. 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. The winning numbers are simply the numbers most popularly chosen by the players. In using Yotto in the manner designed, by using their experience, skill and social networking skills, it is not possible to provide mathematical odds of winning, since as a game of skill, there are no odds.
37. 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.
38. 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.
39. 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.
40. Payments: All distributions of prizes to users or players 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, Sponsor 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.
41. Payments: All distributions of donation to charities and non-profits are processed by one of two community foundations, the Santa Barbara Foundation of California and/or the Berks County Community Foundation of Pennsylvania (collectively, “the Foundations”). Participation in Yotto by any charity or non-profit, or any other individual or organization constitutes consent to the policies and procedures of the Foundations in regards to the payment and distribution of all funds. Participation in Yotto by any user and/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, Sponsor 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.42. 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.
43. Release of information: Upon request, 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.
44. 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.
45. Account Termination Policy Yotto will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer. Yotto reserves the right at any time to terminate a user's access, without notice or cause. Yotto reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Yotto may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service. In addition to the terms and conditions set out herein, users, individuals, players, project owners and organizations are also bound to the terms and conditions of any third party website, organization, network that the user uses, or may foreseeably use during the use of Yotto 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.
46. Acknowledgement of Beta Version. By posting any information, using Yotto.org in any manner, or making any play, either free or paid, any Project Owner and/or Player acknowledges that Yotto 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.
47. 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 Sponsor may seek a refund of a product or service provided to Yotto for the purpose of either being given as a prize, or as a general offer to the public. As such, there is a strict NO REFUND POLICY. A Sponsor may cancel their account at any time, but may not seek the return of any product or services previously given to Yotto for distribution to a winner or the general public. Further, in having provided the good or service to Yotto for marketing and/or distribution to a winner of the general public, the Sponsor acknowledges and agrees to abide by the terms of the voucher for at least 5 years. In the event that a Sponsor refuses to honor a voucher won or distributed through Yotto, in using Yotto, the holder of the voucher agrees to waive, release, covenant not to sue, the Administrator, Yotto.org, LLC or any of its subsidiaries, and agrees the holder of the voucher agrees that they may not seek or recover any damages, including attorney fees from Yotto, and that their sole method redress is against the Sponsor. In the event there is some dispute, a player, Sponsor and/or organization may contact Yotto at: firstname.lastname@example.org. 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. 49. 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. 50. 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. 51. 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). 52. 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. 53. 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, Sponsor and/or Organization must comply with those legal restrictions. All games, entries and prizes are void where prohibited. 54. 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. 55. 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. 56. 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. 57. 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, Sponsors, organization, either commercial 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. 58. Yotto 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 choose 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 IRS, 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. 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. 59. 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. 60. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: email@example.com and/or 538 Old Country Road, Plainview, New York 11804.
TERMS AND CONDITIONS Part 3 of 3
Yotto - Terms and Conditions
YOTTO Official Rules
NO PURCHASE 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.60. METHOD OF FUNDRAISING AND WAIVER OF ESCROW. There are two methods of raising money for the Jackpot. The first method is from payments made from business and retailers as part of advertising fees. These funds are placed in a general Jackpot fund, with 20% deducted as an administrative fee to Yotto. The administrative fee is immediately transferred from the general Jackpot fund to a Yotto operations account. Part of the funds remaining in the general Jackpot fund are then used to pay the winner of the Yotto game, and part of the funds are distributed to the charity chosen by the. The final proportion of funds distributed to winners and charities is decided at the discretion of Yotto, and takes into account the total amount of funds raised from partner banks through their affinity programs, described below. In participating in Yotto, you agree to waive your right to escrow, both individually and on behalf of any company, organization or entity that you are associated with. 61. DONOR ADVISED FUNDS. All funds raised through banks’ affinity programs are collected and held in one of two donor advised funds These funds may only be distributed to a winner’s chosen charity, and will NOT be distributed to any individual or non-charity entitiy. 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 (Collectively “the Foundations”). 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. Yotto may decide to partner with, or cease to participate with, other foundations, at the sole discretion of Yotto. 62. FUNDS GIVEN ARE AN IRREVOCABLE GIFT. As required by law, all assets contributed to funds become irrevocable gifts to the Foundations and legal control and responsibility for the funds rest with the foundation. 63. VARIANCE POWER. In accordance with regulations of the Treasury Department, all funds established at the Foundations 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. 64. 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. 65. DONOR ADVISED FUND FEES. The Foundations retain the right to charge management fees for funds deposited with them. You may view the fee structures at their respective websites, www.bccf.org and www.sbfoundation.org. The funds may pay an additional 5% fee to Yotto as part of their participation in the Yotto platform. 66. 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. 67. 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. 68. 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. 69. 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. 70. 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. 71. 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. 72. 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. 73. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: firstname.lastname@example.org and/or 538 Old Country Road, Plainview, New York 11804. 74. Bank Charity Affinity Programs. To raise Jackpot funds for charity, Yotto partners with various bank’s charity affinity programs. Typically, a bank charity affinity program is a program whereby a bank agrees to make a donation to a charitable entity due to customers of that bank participating in a charitable endeavor. In this instance, the banks are making donations to the Jackpot through the Yotto Fund at the Foundations, due to the participation of their customers with Yotto. To date, Yotto is partners with the TD Bank charity affinity program. Yotto may partner with, or may cease to participate in, the affinity programs of any number of banks in the future, at the sole discretion of Yotto. 75. Agreement to check bank status. In using Yotto, the user acknowledges and agrees that Yotto may use that users name, email and phone number to determine if the user has an account with a participating bank, for the limited purpose of having the bank identify that user as a customer of the bank, so that the bank may then make a donation to the Jackpot. Yotto does not sell personal information to other entities. A user may opt out of this feature by sending us an email at email@example.com and using the words “Bank Info Opt Out” in the subject line of the email. 76.No purchase necessary, no bank participation necessary. No user is required to participate in any bank affiliate savings program in order to use Yotto, either as a user or as a charity. 77. Bank affinity programs that Yotto participates with 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. Distribution of funds. In participating in Yotto, the user understands, acknowledges and agrees to the following distribution of funds. Yotto retains an overall 20% of all funds collected. 40$ of all funds collected are distributed to the charities chosen by the winning players, and the remaining 40% of funds are distributed to the winners as prizes. 79. Distribution proportions at the discretion of Yotto. The Yotto jackpot receives funds from two main sources, advertising fees from business and donations from banks’ charity affinity programs. To obtain the distribution ratios described in section 78, Yotto distributes 100% of the funds collected by the banks charity affinity programs to the charities chosen by the winners of the Jackpot contests. To obtain the 40%/40%/20% distribution split as described in Section 78, Yotto may, at its sole discretion, change the proportions of the funds distributed to the winners, the charities chosen by the winners, and Yotto, for the purpose of obtaining the described distribution split. In participating in Yotto, the user explicitly acknowledges and agrees to this condition, and to the fact that Yotto may change the proportions of the distribution of the funds received from businesses advertising fees, and waives any right to escrow, and any other right related herein or hereto. If a user does not agree to this, the user must then immediately cease using Yotto, and return any funds received from Yotto. 80. Retailer and business information is for informational purposes only, and do not constitute an offer by Yotto for purchase. The Yotto platform contains information about the businesses that advertise on Yotto, include name, location information, contact information and information regarding discounts, deals and other similar information regarding the particular business. In using Yotto, the user, regardless of whether that user is an individual, company, organization or other entity, agrees and acknowledges that Yotto is not responsible for any information listed about any particular business. The user further acknowledges and agrees not to rely upon the information listed as Yotto in any manner or for any purpose, and acknowledges and agrees that the user must directly contact the business or retailer directly to confirm the validity or non-validity of any information listed or reflected on Yotto. Furthermore, the user acknowledges and agrees not to hold Yotto responsible for any information regarding any business or retailer that appears on Yotto, and in using Yotto in any manner, agrees not to sue or otherwise seek any damages, redress, or any other similar action, whether in law or in equity, for any injury, real or perceived, in the use of Yotto. This is an explicit waiver of the right to sue granted to Yotto by the user. If the user does not agree with this condition, or any condition on Yotto, the user must immediately stop using Yotto. 81. The use of Retailer or Business links. Yotto contains links to the external websites owned by third party businesses and retailers. In Using Yotto, the user, whether an individual, business, organization or other entity, explicitly understands, acknowledges and agrees that Yotto is not responsible for the content, direction, end location, information contained, or otherwise any function of the links found and/or used by the user on Yotto. The user understands, acknowledges and agrees that the links on Yotto may contain bugs, virus, or other malicious software, and that by clicking on any link contained in Yotto, the USER CLICKS ON ANY LINKS AT THEIR OWN RISK, and in clicking on any link on Yotto, the user explicitly waivers their right to sue, or seek any damages or redress for any injury, real or not, suffered by clicking on a link on Yotto. This section is an explicit waiver of the user's right to sue. If the user does not agree with this section of the Yotto terms and condition, the user must immediately cease to use Yotto. 82. Waiver of rights under the Americans with Disabilities Act (ADA). In using Yotto, the user understands, acknowledges and agrees that Yotto is in Beta form, and may not be compatible with ADA type software. In using Yotto, the user acknowledges, understands and agrees to seek a reasonable accommodation in order to use Yotto, and to seek that accommodation by contacting Yotto at firstname.lastname@example.org and putting the words "ADA" or "Americans With Disabilities Act" in the subject header of the email, and then writing in the email the nature of the disability and the manner of reasonable accommodation that the user seeks. In using Yotto, the user acknowledges and agrees to the date, time and manner of the reasonable accommodation suggested by Yotto. The user agrees that failure on the part of the user to follow this protocol results in the user waiving their right to sue or seek any damages or redress or similar action against Yotto. This section is explicitly a waiver of the user's right to sue. If the user does not agree with this section, the user must immediately stop using Yotto. 83. Overbroad sections. Should any provision of these terms and conditions be deemed invalid or judged in any way invalid by a court of competent jurisdiction, those provisions, or sections of provisions not determined to be invalid remain in full force and effect. 84. CONTACT of ADMINISTRATOR. Should you have any questions regarding any of these terms and conditions, you may contact Yotto: email@example.com and/or 538 Old Country Road, Plainview, New York 11804.