Content
1. Preamble
2. Regulatory Status
3. Validity and Legality of the Agreement
4. Access to and Use of the Site
5. Registration
6. Payments. Refund Policy
7. Terms of Service
8. Winner Determination
9. Promotional Offers
10. Complaints and Disputes
11. Intellectual Property Rights
12. Third Party Links
13. Disclaimer of Warranties
14. Term and Termination
15. Assignment of Rights
16. Applicable Law and Jurisdiction
1. Preamble
1.1. Welcome to youtogift.com (together with its domains, content, logos and services, hereinafter the "Site", the "Platform"). The You to Gift brand belongs to You to Gift OÜ, which provides its services in accordance with Estonian law under registration number 14856696 at Vesivjarava 50-201, 10152 Tallinn (hereinafter referred to as "You to Gift").
1.2. This document (User Agreement, Agreement, Offer) along with the Privacy and Cookie Policy and the Refund Policy (hereinafter collectively referred to as "Terms" or "Website Terms") is a public offer agreement and establishes the terms of the contractual relationship between You to Gift ("We", "Us", "Our") and any person who visits and uses our Site ("Giveaway Organizer", "Participant", "User", "You", "Your").
If you are logged in to our Site, you must read this Agreement and the Privacy and Cookie Policy. Only then you may use the Site and access our services. If you use our Site, you have read and accepted these Terms. The Agreement is deemed entered into as soon as you join the Site. If at any time, you do not agree to the Agreement, you may not continue to use the Site and you agree to leave the Site.
1.3. You to Gift reserves the right to change this User Agreement at any time, including the rules of using particular Services. The User undertakes to independently monitor changes in this Agreement and be responsible for the consequences associated with non-compliance with this obligation. If, after any possible changes, you do not want to continue using the Services, you must leave our Site.
1.4 If there are any minor, non-material changes to this Agreement, we will try to notify you immediately of any such changes, but we cannot guarantee that we will always be able to do so. You are advised to periodically review this User Agreement and check its revision date and version number below to ensure that you are familiar with the most current, up-to-date version.
1.5 This User Agreement is published in Russian and may also be published in several other languages. If there is any discrepancy between the Russian version and the versions in other languages, the Russian version shall prevail.
2. Regulatory Status
2.1 Activities of You to Gift are not connected with any activities requiring any licenses or special permissions in any country of the world.
2.2. You to Gift is registered and acts according to Estonian laws and regulations and in accordance with the laws and regulations of the countries where the services may be provided.
2.3 If you have any questions about the regulatory policy, you can contact the operator or customer support on the Site at any time and in due time you will receive the information you require.
3. Validity and Legality of the Agreement
3.1 The Site is not intended for persons under the age of sixteen (16). If you are under the age of sixteen (16) or the appropriate legal age, you are prohibited from using the Services (see the definition below).
3.2 You are responsible for visiting and using the Site and Services in accordance with the Agreement, legal restrictions, requirements for lawful use, and in compliance with all applicable laws and regulations.
4. Access to and Use of the Site
4.1 The Site allows the organizers of giveaways and other contests on Instagram and/or YouTube (hereinafter "Giveaway") to select a winner by generating a random number using the random number generator on the Site or a third-party randomizer, or by generating a list of participants of the Giveaway using our Site (hereinafter the "Services").
4.2 A Giveaway Organizer is the User who hosts a giveaway on Instagram, YouTube, and our Site as a user of these platforms and who under the terms and conditions determined by the Organizer uses the services of the Site to determine the winner.
4.3. A Participant is an Instagram and/or YouTube user who participates in a Giveaway and who has fulfilled all the conditions and requirements of the GIveaway.
The Participant has the right to refuse to participate in a Giveaway by refusing to fulfill its terms and conditions or by refusing to accept its results.
4.4 We grant you permission to visit and use the Site, provided that you comply with this Agreement and applicable law and that you do not: (a) copy, distribute or modify any part of the Site without our prior written permission; (b) use, modify, create derivative works from, transmit (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose the Content, except in limited circumstances. We reserve all rights in and relating to the Site, including those not expressly granted.
5. Registration
5.1 You are not required to register and create an account to use the Services.
5.2 By using the Service on the Site, you agree to comply with the terms of this Agreement at all times. You also warrant and represent that you:
- Are not legally restricted in your legal capacity;
- Do not use funds obtained as a result of any criminal activity or actions;
- Do not use bank accounts, debit cards, credit cards and/or any other payment method that you are not authorized to use;
- Do not use or intend to use the Site for illegal, immoral or other unlawful purposes.
5.3 The User warrants that the details of their YouTube and/or Instagram account are up to date and accurate. You are responsible for the correctness of all personal data. We reserve the right to immediately reject a Giveaway hosted on our Site if you have entered (intentionally or unintentionally) false information regarding your personal data, including your age.
6. Payments. Refund Policy
6.1 Some services on our Site may be chargeable, so we give you the option to pay for these services via one of the available payment methods by following the instructions on the Site. Information about available payment methods and terms, including maximum amounts, processing times, and available currencies, can be found on the Site.
6.2 You acknowledge and agree that the payment systems through which You to Gift accepts payments on the Site are in no way related to You to Gift, and that the relationship between the User and such payment system is governed by a separate agreement entered into between them. You to Gift is not a party or participant in these legal relations, does not give recommendations regarding such payment systems, and also does not give any guarantees concerning their safety or security. You to Gift does not charge any fees for processing payments, but the payment systems used for this purpose may charge fees in accordance with the established tariffs, which are paid by Users.
6.3 You can pay for premium services and use the paid services for a certain period of time. The description, terms of validity and cost of premium services are available on the Site.
6.4 You agree: (a) that in order to pay for the Service you will be redirected to the website of the payment system you are using, which may require you to provide certain payment details; (b) that you are responsible for the accuracy and completeness of any payment details, including but not limited to the purpose of payment, service name, payment amount and other details which identify the service required to pay for our Services; (c) that you are responsible for paying any card issuer charges for processing payments, as well as recurring charges.
6.5 We reserve the right to impose certain conditions on the use of specific payment methods and to change the available payment methods without notice. We do not guarantee the availability of all payment methods at all times.
6.6 The terms and procedure of refunds are stipulated by the Refund Policy posted on the Site, which is an integral part of this User Agreement.
7. Terms of Service
7.1. You to Gift is not the organizer of any giveaways and contests, does not host them, and has no possibility to make any adjustments to the description and terms and conditions of giveaways, so any responsibility for the description, terms and procedure of giveaways, as well as the determination and delivery of prizes, is the sole responsibility of the Organizer and no claims to You to Gift in this regard will be accepted or considered.
7.2. By using the Site services, the Organizer has the opportunity to select the winner of a Giveaway among the subscribers of their Instagram and/or YouTube profile.
7.3. The selection of the winner of a Giveaway on the Site can be carried out based on three main criteria:
1. Based on subscriptions
2. Based on comments
3. Based on likes
The Organizer shall have the right to independently determine the Giveaway conditions and the criteria for the selection of winners. You to Gift shall provide an opportunity to collect the database of Participants on our Site, check their compliance with Giveaway conditions, and select a winner among them.
The conditions of winner selection on the Site can be changed at the discretion of the Administration of the Site.
7.4 The detailed conditions, procedures and terms of providing the Services, as well as their payment, are indicated on the appropriate pages of the Site.
8. Winner Determination
8.1. A Giveaway Participant is an Instagram or YouTube user who has fulfilled the terms and requirements of a Giveaway. Such a participant shall be assigned a participant ID number, on the basis of which the winner shall be determined.
8.2 The information on Giveaway conditions, the admission to participation, as well as the selection of the winner shall be available on the Organizer's Instagram or YouTube page.
8.3. The Giveaway Organizer shall get access to the Giveaway Participant database with the possibility to check the Participants’ compliance with the Giveaway conditions determined by the Organizer.
The Participant database is a digital file in Excel or CSV format, which contains the number of the Participants and their usernames. This information may not be used by the Organizer for any other purposes except for the purpose of determining the Winner.
8.4 In order to determine the winner, it is recommended to use the randomizer (random number generation algorithm) available on the Site, which will automatically determine the number of Participants who won a Giveaway. We also recommend downloading participant databases in Excel or CSV format in case Users choose to determine the winners independently. The Giveaway organizer may also use third-party randomizers to determine the winner.
8.5. You to Gift creates conditions for the Organizers to determine Giveaway winners, and we
a) are not the organizers of Giveaways,
b) do not guarantee the participants’ compliance with all conditions and requirements of Giveaways;
c) do not monitor the implementation of the Giveaway conditions by the Organizers;
d) do not take any part in the transfer or delivery of prizes (winnings) from Organizers to Winners. The procedure for the transfer (delivery) of prizes (winnings) is determined by Giveaway Organizers, and, if necessary, in consultation with Winners.
8.7. We recommend that you carefully read the Giveaway rules and conditions.
8.8 Giveaway Organizers with the help of our Site services are given the opportunity to determine the parameters (terms) of Giveaways, the method and conditions of the participant and winner selection, including by downloading the database of participants to check the Giveaway conditions compliance.
9. Promotional Offers
9.1 You agree that from time to time we may send you, via email or other means, various promotional information or offers regarding the Site's services and other services.
10. Complaints and Disputes
10.1 If you have any questions or complaints about the Site, including regarding our Services, you can: (a) email us at: [email protected]; (b) contact us on the Site using the online chat tool; and/or (c) call us (at your expense) via the customer support phone number listed on the Site (collectively, the “Customer Support”).
10.2 When you file a complaint, be sure to include specific information about your identity and all relevant details regarding your dissatisfaction so that we can clearly identify the problem to be resolved. We make every commercially reasonable effort to respond as quickly as possible and will respond to you within 10 days of the complaint receipt (with an option to extend for another 10 days if necessary).
11. Intellectual Property Rights
11.1 The content of the Site, including but not limited to: text, documents, descriptions, products, technology, software, graphics, images, sounds, videos, interactive features and services (collectively, the "Content") and the trademarks, service marks and logos contained therein (collectively, the "Symbols") are the property of You to Gift and/or its licensors and may be protected by applicable copyright, trademark, patent and other intellectual property laws and agreements. The Content may include information about Giveaways in general, drawing results and prizes, winners, and the randomizer. You to Gift and/or its licensors reserve all rights, including those not expressly granted, with respect to the Site and the Content.
11.2 The Content on the Site is provided to you as is solely for your information and personal use and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, decompiled or otherwise exploited for any other purpose without our prior written consent. If you download or print a copy of the Content for your personal use, you must retain all copyright and other proprietary notices contained therein. The You to Gift logo is the Symbol of You to Gift and its affiliates. All other trademarks, service marks and logos used on the Site are trademarks, service marks or logos of their respective owners.
12. Third Party Links
12.1 The Site may contain links to third-party sites that are not owned or controlled by You to Gift. We are not affiliated with or able to control such sites and are not responsible for the content, privacy policies, or operations of any third-party websites. You irrevocably release You to Gift from any liability associated with your use of any third-party websites. With this in mind, we encourage you to review the terms and privacy policies of each third-party site you may choose to visit.
13. Disclaimer of Warranties
13.1 This section applies regardless of whether the Services available through the Site are free or subject to a fee. Applicable law may not allow the exclusion of certain warranties, so some of the exclusions set forth herein may not apply in this regard.
13.2 The Site is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. You to Gift hereby disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and arising under statutory law or from business operations, use or trade.
13.3 You to Gift cannot and does not guarantee that:
(a) the Site will be available at any particular time or for any particular period;
(b) the site's features, functionality or performance will meet the requirements of User or third parties;
(c) the Site or its features are or will be compatible with, or available on, the device or system User uses to access the site;
(d) any services that the User may select will be provided in advance of the time set for completing the transactions.
You to Gift shall not be liable to the User for services if they are incorrect, delayed or not received by the User.
13.4. You to Gift does not guarantee that the Site will be free of errors, security breaches or virus attacks. The Site may occasionally be unavailable due to ongoing technical maintenance, updates or other reasons. You agree that You to Gift will not be liable for any consequences to you or any third party that may result from technical problems, slow connection, network congestion, overloading of our or other servers, delays or failures in transmission or any other data alteration or corruption.
13.5 We do not guarantee, endorse or vouch for any content, product, giveaway or service that is posted or advertised on the Site by third parties.
13.6. You to Gift shall not be liable for losses or damages caused by the insolvency of third parties, including, but not limited to, the Giveaway Organizers who for any reason are unable to transfer (deliver) prizes (winnings).
13.7. You agree that You to Gift is not responsible for:
(a) failure or malfunction of your internet service provider's equipment or technology;
(b) loss or damage that may result from any aspect of the site, its availability or functionality that is beyond You to Gift's control;
(c) the denial of services or any of the services to any person;
(d) any damages caused by the improper or unauthorized posting of giveaways or participation in such giveaways.
13.8 You acknowledge that information relating to Giveaways, including the results of the Giveaways, is contained on the Organizers' Instagram or YouTube page, and that such information may be incorrect, incomplete and subject to change. We do not guarantee, confirm or vouch for the accuracy, relevance or completeness of such information and any data of Giveaway Organizers and you agree to independently verify such information and data of the Giveaway Organizers via YouTube and Instagram and/or publications of the relevant Giveaway Organizers.
13.9. We make no representations or warranties as to your chances of becoming a winner or being entitled to a prize (winnings).
13.10. You to Gift does not guarantee that any Giveaway Organizer will host (including properly) any Giveaway, perform their obligations under the Giveaway conditions and/or deliver the relevant prizes, and you agree that You to Gift will not be responsible for any failure by any Giveaway Organizers in connection with any of the above. Under no circumstances will You to Gift be obligated to deliver any prize or winnings to you in the event that a Giveaway Organizer fails to do so for any reason. You hereby waive any legal or equitable claims, demands, rights or remedies that you may have against You to Gift or any person authorised by it, arising from your interaction with the Giveaway Organizers and/or the acts or omissions of the Giveaway Organizers.
13.11. You to Gift is not the Giveaway Organizer and does not host any Giveaways. Your participation in each Giveaway and your purchase of any services is voluntary and made at your individual risk. If you have a dispute with a Giveaway Organizer or any other user or third party in connection with the Site and/or a Giveaway (as well as in connection with any Prize, Winnings as described above), you agree that You to Gift shall not be liable for any claim or loss arising from or related to such dispute. You to Gift reserves the right, but has no obligation, to control any such dispute.
13.12. Except as otherwise provided in our Privacy Policy, You to Gift makes no representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or actions you take in the course of your use of the Site.
13.13. You to Gift shall be liable as expressly set forth in this Agreement, but shall have no other obligations, duties or liability, whether based in contract, tort (including negligence), breach of statutory duty or otherwise.
13.14. The provisions of this Section shall survive the termination or expiration of this Agreement.
14. Term and Termination
14.1 This User Agreement shall remain in effect until terminated by You to Gift. You to Gift, in its sole discretion, has the right to terminate your access to the Site or any part thereof immediately at any time (including, but not limited to, breach of the User Agreement). You to Gift shall not be liable to you or any third party for termination of your access to the Site or any part thereof. If you object to any provision of this User Agreement or any subsequent changes to it or are dissatisfied with the Site in any way, your only recourse is to immediately discontinue using the Site. Upon termination of this Agreement, you must cease all use of the Site. The provisions of this Section 14 (Term and Termination), as well as Sections 7 (Terms of Service), 11 (Intellectual Property Rights), 13 (Disclaimer of Warranties) and any other provisions that by their nature should survive termination of this Agreement.
15. Assignment of Rights
15.1 Any rights and licenses granted under this Agreement are not transferable or assignable by you but may be assigned by You to Gift without restriction or notice to you as set forth above.
16. Applicable Law and Jurisdiction
16.1 You to Gift reserves the right to terminate or change any section of the Site at any time. The Terms of Use of the Site and the relationship between you and You to Gift shall be governed by and interpreted in accordance with Estonian law, without regard to conflicts of law principles. This User Agreement constitutes the entire agreement between you and You to Gift with respect to the Site. If any provision of this Agreement is found invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. No waiver of any provision of this User Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and the failure of any party to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. You agree that any action you may bring as a result of or in connection with the Site must be brought within one (1) year after the cause of action arises. Otherwise, such action will be deemed permanently barred by the statute of limitations.
Revised August 30, 2022.