Real Fantasy 11 ("Platform") is an internet-based entertainment and gaming portal owned and operated by Gaming Junction Private Limited (“Company”), a company incorporated under the laws of India, with its registered office at 101-104, First Floor, Metro House, Mangaldas Road, Pune – 411001.
Through the Platform, Gaming Junction shall provide you cricket based online fantasy gaming services (“Service/Services”), as more particularly described and defined in the Terms of Service relating to such Service. The terms of this agreement (“Terms of Service”) govern the relationship between you and the Company, regarding your use of Company’s websites, applications, related services, and intellectual property. Use of the Service is also governed by Company’s Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, or downloading any Content from the Service, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”).
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE PROVIDED BY THE COMPANY IS VOID WHERE PROHIBITED.
The Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy Policy and other relevant policies at any time by posting the amended terms on its Service. You will be deemed to have accepted such changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Company’s Privacy Policy, or any other Company policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.
- Grant of Limited License to use the Services
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant policies, the Company grants you a non-exclusive, non-transferable, non-sub licensable, revocable, and limited license to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
The following restrictions apply to the use of the Service:
- You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your debit/credit card or other payment instrument (e.g. Paytm wallet, UPI payment mechanisms including but not limited to Google Pay, PhonePe, etc., PayPal or any other similar means) by minors.
- Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the App and shall not use the App. As a minor if you wish to use the App, such use may be made by your legal guardian or parents on the App. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the App if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 years If you use the App, you shall be responsible for maintaining the confidentiality of your Account details including your password and you shall be responsible for all activities that occur under your account.
- You shall not (or attempt to) purchase, sell Usage, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the Service if you have previously been removed by the Company, or previously been banned from playing any game of the Company.
- The Company may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of the Platform or the Services;
- Change, suspend, or discontinue all or any part of the Services
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on the Company Platform;
- Deactivate or delete a User's account and all related information and files on the account;
- Establish general practices and limits concerning use of the Company Platform;
- Revise or make additions and/or deletions to the roster of players available for selection in a contest on account of revisions to the roster of players involved in the relevant sports event;
- Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
- In the event any User breaches, or the Company reasonably believes that such User has breached these Terms of Service, or has illegally or improperly used the Company or the Services, the Company may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User's access to all or any part of the Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on the Company and further, take technical and legal steps as it deems necessary.
- If the Company charges its Users a fee in respect of any the Services, the Company shall, without delay, repay such fee in the event of suspension or removal of the User's account, but not if such suspension or removal is effected due to:
- any breach or inadequate performance by the User of any of these Terms of Service;
or
- any circumstances beyond the reasonable control of the Company.
- Users consent to receiving communications such as announcements, administrative messages and advertisements from the Company or any of its partners, licensors or associates.
- User Content and Conduct on Platform
- “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
- You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
- Users agree to abide by these Terms of Service and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms of Service and all other rules, regulations and terms of use, the Company may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
- restricting, suspending, or terminating any User's access to all or any part of the Services;
- deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with the Company subject to a processing fee (if any) applicable on such transfers as set out herein; or
- refraining from awarding any prize(s) to such User
- Users agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by the Company). Users further agree to update and keep updated their registration information
- A User shall not register or operate more than one User account with the Company.
- Any password issued by the Company to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify the Company of any unauthorized use of their passwords or accounts or any other breach of security.
- Users agree to exit/log-out of their accounts at the end of each session. The Company shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- If a User chooses a username that, in the Company's considered opinion is obscene, indecent, abusive or that might subject the Company to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, the Company reserves the right, without prior notice to the User, to restrict usage of such names, which in the Company’s opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and posts from the Company, deny such User access to the Company, or any combination of these options.
- Unauthorized access to the Company is a breach of these Terms of Service, and a violation of the law. Users agree not to access the Company by any means other than through the interface that is provided by the Company for use in accessing the Company. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.
- Use of the Company is subject to existing laws and legal processes. Nothing contained in these Terms of Service shall limit the Company's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of the Company.
- Users may reach out to the Company through -
- Helpdesk if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest.
- The Company may not be held responsible for any content contributed by Users on the the Company.
- Acceptable Uses
Any use of the Service outside the ambit of acceptable uses, specified below, is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability for violations of law.
You agree that you will not, under any circumstances:
- Engage in any act that the Company deems to be in conflict with the spirit or intent of the Service or make improper use of the Company’s support services.
- Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Service, any game or game experience of the Company.
- Modify or cause to be modified any files that are a part of the Service or any game of the Company without the express written consent of the Company.
- Disrupt, interfere with, or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experience when using the Service or playing the games of the Company. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any game environment of the Company.
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
- Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by the Company including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
- Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behaviour, such as by repeatedly posting information on an unsolicited basis.
- Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.
- Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including employees and customer service representatives of the Company.
- Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation an employee of the Company.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any game of the Company, or to obtain any information from the Service or any game of the Company using any method not expressly permitted by the Company.
- Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service or any game of the Company.
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
The Company reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. The Company further reserves the right to take such action as it may deem fit, which may include terminating your Account and prohibiting you from using the Service in whole or in part.
- Intellectual Property
- The Company includes a combination of content created by the Company, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying the Company and the Platform and material published on the Company, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by the Company, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the Company either in whole or in part without express written license from the Company
- Users may request permission to use any the Company content by writing in to the Company Helpdesk.
- All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Company(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to the Company.
- Third Party Sites, Services and Products
- The Platform may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. The Company does not exercise control over any Internet sites apart from the Company and cannot be held responsible for any content residing in any third-party Internet site The Company's inclusion of third-party content or links to third-party Internet sites is not an endorsement by the Company of such third-party Internet site.
- Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the Terms of Service, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that the Company will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
- The Company contains content that is created by the Company as well as content provided by third parties. The Company does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the = Services provided on the Platform including while participating in any of the contests hosted on the Company.
- Conditions of Participation:
By entering a contest, user agrees to be bound by these Terms and the decisions of the Company. Subject to the Terms of Service stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
- Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by the Company to enter a contest and/or claim a prize/winning.;
- Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
- Colluding with any other user(s) or engaging in any type of syndicate play;
- Any violation of Contest rules or the Terms of Use;
- Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
- Any type misuse of any offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to the Company Users, sending unwarranted email content either to selected Users or in bulk); or
- Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, the Company reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
- Registration for a contest
- In order to register for the contest(s), Participants are required to accurately provide the following information:
- Full Name
- Team Name(s)
- E-mail address
- Password
- State of Residence
- Gender
- Date of birth
- Participants are also required to confirm that they have read, and shall abide by, these Terms of Service.
- In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland, Telangana, Karnataka or Andhra Pradesh, such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
- Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
- Contest(s), Participation and Prizes
- As part of its services, the Company may make available the contest(s) on the Platform
- Fantasy cricket game contests are made available on the Platform. Individual users wishing to participate in such contest ("“Participants"”) are invited to create their own fantasy teams ("“Team/s"”) consisting of real-life cricketers involved in the real-life cricket match, series or tournament (each a "Sport Event") to which the fantasy game relates. The Company offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
- Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event.
- The Company shall endeavour to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
- Teams are awarded points on the basis of the real life cricketers' performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the Contests.
- Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Company platform. Users may participate in the Contest(s) by paying the pre-determined platform fee for accessing the Company services as provided on the relevant Contest page. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize, as stated on the relevant Contest(s) page.
- A Participant may create and enter only one Team in any Contest offered in relation to a Sport Event.
- In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland, Telangana, Karnataka or Andhra Pradesh, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
- In two members and above public contests, where all participants have entered the contest with the exact same teams, including the captain and vice-captain in such event, contest prize money shall be equally divided amongst all participants.
- While indicating a Player's inclusion in starting line up is given by the Company on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. The Company shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
- Contest Formats
- Currently two formats of contest(s) are made available on the Company platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest(s) hereby authorize the Company to appoint a third party/ Trustee/Escrow Agent to manage users funds on users behalf.
- Public contest
- In the Public contest format of the Contest(s), the Company may make available the Contest(s) comprising of a minimum of two (2) Participants.
- The Company may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests.
- The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than two (2), such Contest(s) will not be operational, and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction.
- The Contest(s) shall become operational only when a minimum of two users join a Contest. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Guaranteed Contest, the Company shall continue with such contests and the short fall in the prize pool shall be borne by the Company.
- Private contest
- In the Private contest format of the Contest(s), the Company enables Users to create a contest ("“Private contest"”) and invite other users, whether existing Users or otherwise, ("“Invited User"”) to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2 -100 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide the Company with the email address or Facebook account username of Invited Users to enable the Company to send a message or mail inviting such Invited User to register with the Company (if necessary) and participate in the Private contest in relation to which the invite has been issued.
- In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
- It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and the Company shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
- Legality of Game of Skill
- Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
- The Contest (s) described above (across the Platform) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
- By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
- Eligibility
- The Contest(s) are open only to persons above the age of 18 years.
- The Contest(s) are open only to persons, currently residing in India.
- the Company may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Karnataka or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
- Persons who wish to participate must have a valid email address.
- the Company may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
- Only those Participants who have successfully registered on the Platform as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
- Payment Terms
- In respect of any transactions entered into on the Company platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
- The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the Services charged by the Company and pre-determined participant’s contribution towards prize money pool.
- The Company reserves the right to charge a Platform Fee, which would be specified and notified by the Company on the Contest page, being created on the Company platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and the Company shall issue an invoice for such debit to the User.
- The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the Terms of Service of such Contest. It is clarified that the Company has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest Terms of Service.
- In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment.
- Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to the Company. The Company shall effect an online transfer to the User's bank account on record with the Company within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. The Company shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with the Company. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for the Company to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on the Company, as well as the name and address existing in the records of the User's bank account as provided to the Company. In the event that no bank account has been registered by the User against such User's account with the Company, or the User has not verified his/her User account with the Company, to the Company's satisfaction and in accordance with these Terms of Service, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, the Company shall not transfer any Winning amounts to the User.
- Users agree that once they confirm a transaction on the Company, they shall be bound by and make payment for that transaction.
- The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that the Company has on third parties, any transactions on the Company Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account balance. Users agree not to raise any complaint or claim against the Company in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts.
- A transaction, once confirmed, is final and no cancellation is permissible. The Company may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional Terms of Service and such additional Terms of Service shall also govern the transaction. To the extent that the additional Terms of Service contain any clause that is conflicting with the present Terms of Service, the additional Terms of Service shall prevail.
- Tabulation of fantasy points
The Company may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, the Company shall use best efforts to rectify such error prior to the distribution of prizes. However, the Company hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users and Participants agree not to make any claim or raise any complaint against the Company in this respect.
- Selection and Verification of Winners and Conditions relating to the Prizes
- Selection of Winners
- Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, the Company may declare more than one Winner and distribute prizes to such Winners in increasing order of their Team's aggregate score at the end of the designated match of the Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.
- Participants creating Teams on behalf of any other Participant or person shall be disqualified.
In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.
- The Company shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms of Service, and other rules and regulations in relation to the use of the Company, Contest, "Fantasy Rules", etc.
- Contacting Winners
- Winners shall be contacted by the Company or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
- Photocopy of the User's PAN card;
- Photocopy of a government-issued residence proof;
- User's bank account details and proof of the same.
the Company shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by the Company. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Participants are required to provide proper and complete details at the time of registration. The Company shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner.
The list of Winners shall be posted on a separate web-page on the Platform. The winners will also be intimated by e-mail.
In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from the Company, such Participant may contact the Company within the time specified on the webpage.
- Verification process
Only those Winners who successfully complete the verification process and provide the required documents within one (1) year of the results being declared, shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). The Company shall not entertain any claims or requests for extension of time for submission of documents. The Company shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following instances:
- Determination by the Company that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
- Participant does not fulfil the Eligibility Criteria specified in Clause 11 above; o
- Any other incompliance with these Terms of Service.
- Taxes Payable
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30%. TDS of 30% shall be deducted on Net Winnings (prize money amount - contest entry amount - cash bonus). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by the Company in accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
- Miscellaneous
- The decision of the Company with respect to the awarding of prizes shall be final, binding, and non-contestable.
- Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland, Telangana, Karnataka or Andhra Pradesh. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, the Company shall disqualify such Participant and forfeit any prize won by such Participant. Further the Company may, at its sole and absolute discretion, suspend or terminate such Participant's account with the Company. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with the Company, subject to the processing fee (if any) applicable on such transfers as set out herein.
- If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), the Company shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, the Company may, at its sole and absolute discretion, suspend or terminate such Participant's account.
- To the extent permitted by law, the Company makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same.
- The Company may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against the Company or question its right to modify such prizes being offered, prior to closure of the Contest.
- The Company will not bear any responsibility for the transportation or packaging of prizes to the respective winners. The Company shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
- The Winners shall bear the shipping, courier, or any other delivery cost in respect of the prizes.
- The Winners shall bear all transaction charges levied for delivery of cash prizes.
- All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
- Publicity
Acceptance of a prize by the Winner constitutes permission for the Company, and its affiliates to use the Winner's name, likeness, voice, and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever.
The Winners further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. The exact dates remain the sole discretion of the Company. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
- General Conditions
If it comes to the notice of the Company that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of the Company that conduct of any such Contest(s) is prohibited, then the Company shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees, directors, affiliates, relatives and family members of the Company, will not be eligible to participate in any Contest(s).
- Dispute and Dispute Resolution
- The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Services provided by the Company (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms of Service, or the rights and obligations of the User(s) (including Participants) or the Company, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
- In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
- The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
- Nothing contained in these Terms of Service shall prevent the Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard the Company's interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of the Company to pursue any remedy for monetary damages through the arbitration described herein.
- Release and Limitations of Liability
- Users shall access the Services provided on the Company voluntarily and at their own risk. The Company shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
- By entering the contests and accessing the Services provided therein, Users hereby release from and agree to indemnify the Company, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
- The Company accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
- Users shall be solely responsible for any consequences which may arise due to their access of the Services by conducting an illegal act or due to non-conformity with these Terms of Service and other rules and regulations in relation to the Services, including provision of incorrect address or other personal details. Users also undertake to indemnify the Company and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by the Company on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold the Company harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Company or participation in any Contest. In no event shall the Company be liable to any User for acts or omissions arising out of or related to User's engagement with the Company or his/her participation in any Contest(s).
- In consideration of the Company allowing Users to access the Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against the Company, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of the Services or related to the Contests or the prizes of the Contests.
- Disclaimers
- To the extent permitted under law, neither the Company nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
- To the extent permitted under law, the Company shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, the Company services or sites, cancellation of competition and prizes. The Company disclaims any responsibility for, and if a User pays for access to one of the Company's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by the Company's maintenance on the servers or the technology that underlies our sites, failures of the Company's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, the Company does not provide any warranty as to the content on the the Company(s)The Company(s) content is distributed on an "as is, as available" basis.
- Any material accessed, downloaded or otherwise obtained through the Company is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material.
- the Company shall make best endeavours to ensure that the Company(s) is error-free and secure, however, neither the Company nor any of its partners, licensors or associates make any warranty that:
- the Service(s) will meet Users' requirements,
- the Service(s) will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of the Service(s) will be accurate or reliable; and
- the quality of any products, the Services, information, or other material that Users purchase or obtain through the Platform(s) will meet Users' expectations.
- In case the Company discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, the Company reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, the Company agrees to notify the User of the error and of the exercise of the remedy to rectify the same.
- To the extent permitted under law, neither the Company nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
- Any the Services, events or Contest(s) being hosted or provided, or intended to be hosted on the Company platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant the Services, events or Contest(s) are hosted or provided.
- To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
- Miscellaneous
- The Company may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon the Company posting them on the Company or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Company. If they do not provide the Company with accurate information, the Company cannot be held liable for failure to notify the User.
- The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond the Company's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials or any cancellation of any cricket match to which a Contest relates. In such circumstances, the Company shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
- the Company's failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Company or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
- These Terms of Service, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and the Company govern your use of the Platform, superseding any prior agreements that any User may have with the Company.
- If any part of these Terms of Service is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Service shall continue in full force.
- The Company reserves the right to moderate, restrict or ban the use of the Platform, specifically to any User, or generally, in accordance with the Company's policy/policies from time to time, at its sole and absolute discretion and without any notice.
- The Company may, at its sole and absolute discretion, permanently close or temporarily suspend any the Services (including any Contest(s)).
- the Company may from time to time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Company platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.
- Grievance Redressal Mechanism
- In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: [email protected]
- In your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address;
- Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
- Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
- A statement that you believe, in good faith, that the User Content violates these Terms
- A statement that the information provided in the complaint or grievance is accurate.
- The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:
- On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
- The name and title of the Grievance Redressal Officer is as follows: Email: [email protected]