1. Cricket Kings
Cricket Kings is an online gaming platform offered by Octaspin Technology Private Limited (hereinafter referred to as “Octaspin”, or “We” or “Us” or “Our”). Cricket Kings, through
its website and related mobile applications (together referred to as “Platform”),
offers a wide variety of skill-based fantasy games. These Terms of Service for
Cricket Kings (“Terms”) along with Cricket Kings’s Privacy Policy (“Privacy Policy”), and
the Fair Play Policy (“ Fair Play Policy), govern the relationship between the
users (“You”) and Us. The Terms, Privacy Policy, the Fair Play Policy, and the
cumulative set of Game Rules (together “Platform Policies”) form a binding legal
agreement between You and Octaspin, on the basis of which You may visit,
access, or use the Platform and related services offered by Us (“Services”).
Cricket Kings is the flagship brand of Octaspin Technology Private Limited (" Cricket Kings"). Cricket Kings
as used herein shall be construed as a collective reference to Cricket Kings and the
Cricket Kings App.
2. Legality
- Cricket Kings takes great care to comply with all central and state legislation in India
to ensure that our users are fully protected. Every contest on our platform is
carefully designed to comply with applicable statutes and regulations in India.
- Below are the key points from an Indian High Court’s judgement specifically
regarding skill-based fantasy game. A challenge to this judgement was also
dismissed by the Supreme Court of India:
- The Court, in its ruling, stated that playing the fantasy game involves
considerable skill, judgement and discretion and that success arises out of
users’ exercise, superior knowledge, judgment and attention
- The Court also held that ‘the element of skill’ had a predominant influence
on the outcome of the fantasy game, which follows the following format:
❖ Participants have to choose a team consisting of at least the same
no. of players as playing in a real-life sports team (e.g. 5 in
basketball, 7 in kabaddi and 11 in cricket/football)
❖ All contests are run for at least the duration of one full sports match
❖ No team changes are allowed by participants after the start of the
sports match
- On this basis, the Court adjudged that playing a fantasy game constitutes a
‘game of mere skill’, which makes the fantasy game exempt from the provisions
of the Public Gambling Act, 1867 (PGA).
- Finally, the Court held that game of skill is a legitimate business activity
protected under Article 19(1)(g) of the Constitution of India.
- Games of skill are legal, as they are excluded from the ambit of Indian gambling
legislations including, the Public Gambling Act, 1867. The Indian Supreme Court
in the cases of KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) and
State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) 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 Cricket Kings Services) 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.
- You can find more information on the legality of Cricket Kings and Fantasy Sports in
India on the website of the Federation of Indian Fantasy Sports (FIFS): fifs.in.
FIFS is India’s first and only self-regulatory Sports Gaming industry body formed
to protect consumer interest and create standardized best practices in the Sports
Gaming industry.
3. Cricket Kings Usage
- Any person ("User") accessing Cricket Kings or the Cricket Kings App (' Cricket Kings platform')
for participating in the different games and contests (including fantasy games),
available on Cricket Kings platform ("Contest(s)") (' Cricket Kings Services') shall be
bound by these Terms and Conditions, and all other rules, regulations and terms
of use referred to herein or provided by Cricket Kings in relation to any Cricket Kings
Services.
- Certain Cricket Kings Services being provided on Cricket Kings may be subject to
additional rules and regulations set down in that respect. To the extent that these
Terms and Conditions are inconsistent with the additional conditions set down,
the additional conditions shall prevail.
- Cricket Kings shall be entitled to modify these Terms and Conditions, rules,
regulations and terms of use referred to herein or provided by Cricket Kings in relation
to any Cricket Kings Services, at any time, by posting the same on Cricket Kings.
- Cricket Kings may, at its sole discretion, also notify the User of any change or
modification in these Terms and Conditions, rules, regulations and terms of use
referred to herein or provided by Cricket Kings, by way of sending an email to the
User's registered email address or posting notifications in the User accounts.
- Use of Cricket Kings constitutes the User's acceptance of such Terms and
Conditions, rules, regulations and terms of use referred to herein or provided by
Cricket Kings in relation to any Cricket Kings Services, as may be amended from time to
time.
- The User may then exercise the options provided in such an email or notification
to indicate non-acceptance of the modified Terms and Conditions, rules,
regulations and terms of use referred to herein or provided by Cricket Kings. If such
options are not exercised by the User within the time frame prescribed in the
email or notification, the User will be deemed to have accepted the modified
Terms and Conditions, rules, regulations and terms of use referred to herein or
provided by Cricket Kings
- Cricket Kings may, at its sole and absolute discretion:
a) Restrict, suspend, or terminate any User's access to all or any part of Cricket Kings
Platform Services;
b) Change, suspend, or discontinue all or any part of the Cricket Kings Platform
Services;
c) Reject, move, or remove any material that may be submitted by a User;
d) Move or remove any content that is available on Cricket Kings Platform;
e) Deactivate or delete a User's account and all related information and files
on the account;
f) Establish general practices and limits concerning use of Cricket Kings
Platform;
g) Offer discounts to its users in form it deems fit ("Cash Bonus"). All such
discounts shall be credited in a separate account called as Cash Bonus
Account
h) 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;
i) 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)
- If Cricket Kings charges its Users a platform fee in respect of any Cricket Kings Services,
Cricket Kings shall, without delay, repay such platform fee in the event of suspension
or removal of the User's account or Cricket Kings Services on account of any
negligence or deficiency on the part of Cricket Kings, but not if such suspension or
removal is effected due to:
- any breach or inadequate performance by the User of any of these
Terms and Conditions; or
- any circumstances beyond the reasonable control of Cricket Kings.
- In the event any User breaches, or Cricket Kings reasonably believes that such User
has breached these Terms and Conditions, or has illegally or improperly used
Cricket Kings or the Cricket Kings Services, Cricket Kings 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 Cricket Kings Contests or the Cricket Kings Platform,
deactivate or delete the User's account and all related information on the
account, delete any content posted by the User on Cricket Kings and further, take
technical and legal steps as it deems necessary
- Users consent to receiving communications such as announcements,
administrative messages and advertisements from Cricket Kings or any of its
partners, licensors or associates.
4. Right to Intellectual Property
- The intellectual property rights ("Intellectual Property Rights") in all software
underlying Cricket Kings and the Cricket Kings Platform and material published on Cricket Kings, including (but not limited to) games, Contests, software, written content,
photographs, graphics, images, illustrations, marks, logos, advertisements, audio
or video clippings and Flash animation, is owned by Cricket Kings, its partners,
licensors and/or associates.
- Cricket Kings includes a combination of content created by Cricket Kings, its partners,
affiliates, licensors, associates and/or Users. 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 Cricket Kings either in whole or in part without express written
license from Cricket Kings
- Each User represents and warrants that he/she owns all Intellectual Property
Rights in the User's Content and that no part of the User's Content infringes any
third party rights.
- Users agree to indemnify and hold harmless Cricket Kings, its directors, employees,
affiliates and assigns against all costs, damages, loss and harm including
towards litigation costs and counsel fees, in respect of any third party claims that
may be initiated including for infringement of Intellectual Property Rights arising
out of such display or use of the names, logos, marks, labels, trademarks,
copyrights or intellectual and proprietary rights on Cricket Kings, by such User or
through the User's commissions or omissions.
- Users may request permission to use any Cricket Kings content by writing in to Cricket Kings
Helpdesk.
- Users are solely responsible for all materials (whether publicly posted or privately
transmitted) that they upload, post, e-mail, transmit, or otherwise make available
on Cricket Kings ("Users' Content"). Users further confirm and undertake to not
display or use of the names, logos, marks, labels, trademarks, copyrights or
intellectual and proprietary rights of any third party on Cricket Kings.
- Users hereby grant to Cricket Kings and its affiliates, partners, licensors and
associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable
license to use, reproduce, create derivative works of, distribute, publicly perform,
publicly display, transfer, transmit, and/or publish Users' Content for any of the
following purposes:
- displaying Users' Content on Cricket Kings
- distributing Users' Content, either electronically or via other media, to
other Users seeking to download or otherwise acquire it, and/or
- storing Users' Content in a remote database accessible by end users,
for a charge.
- This license shall apply to the distribution and the storage of Users'
Content in any form, medium, or technology.
- All names, logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights on Cricket Kings(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 Cricket Kings.
5. Access to Third Party Services, Products and Sites
- Cricket Kings does not exercise control over any Internet sites apart from Cricket Kings
and cannot be held responsible for any content residing in any third-party Internet
site.
- Cricket Kings's inclusion of third-party content or links to third-party Internet sites is
not an endorsement by Cricket Kings of such third-party Internet site.
- Cricket Kings 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.
- Users' correspondence, transactions and usage of the services/offers of such
third party shall be subject to the terms and conditions, 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. 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.
- User agrees that Cricket Kings 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.
- Content displayed/contained on Cricket Kings is created by Cricket Kings as well as
content provided by third parties. Cricket Kings 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 Cricket Kings Services provided on Cricket Kings
including while participating in any of the contests hosted on Cricket Kings.
6. Privacy Policy
The Credit card information, registration details and all other such information as
collected from Users, is subject to Cricket Kings's Privacy Policy which is available at
Privacy Policy
7. Discipline and Conduct of User
- A User shall not register or operate more than one User account with Cricket Kings.
- Users agree to provide true, accurate, current and complete information at the
time of registration and at all other times (as required by Cricket Kings). Users further
agree to update and keep updated their registration information
- Users agree and acknowledge that the address related details provided, if any,
by the user shall be treated as “Address on record” of the user for the purposes
of Goods and Service Tax Act. In the event of the change in such details, the
user shall promptly update his/her profile on the Cricket Kings platform or write to Cricket Kings
at helpdesk.
- Users agree to ensure that they can receive all communication from Cricket Kings by
marking e-mails or sending SMSs from Cricket Kings as part of their "safe senders"
list. Cricket Kings shall not be held liable if any e-mail/SMS remains unread by a User
as a result of such e-mail getting delivered to the User's junk or spam folder.
- Any password issued by Cricket Kings 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 Cricket Kings 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. Cricket Kings
shall not be responsible for any loss or damage that may result if the User fails to
comply with these requirements.
- Users agree to abide by these Terms and Conditions and all other rules,
regulations and terms of use of the Website. In the event User does not abide by
these Terms and Conditions and all other rules, regulations and terms of use, Cricket Kings 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 Cricket Kings 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 Cricket Kings
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 not to use cheats, exploits, automation, software, bots, hacks or any
unauthorised third party software designed to modify or interfere with Cricket Kings
Services and/or Cricket Kings experience or assist in such activity.
- Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse
engineer, grant a security interest in, or otherwise transfer any right to the
technology or software underlying Cricket Kings or Cricket Kings’s Services.
- Users agree that without Cricket Kings's express written consent, they shall not
modify or cause to be modified any files or software that are part of Cricket Kings's
Services.
- Users agree not to disrupt, overburden, or aid or assist in the disruption or
overburdening of (a) any computer or server used to offer or support Cricket Kings or
the Cricket Kings’s Services (each a "Server"); or (2) the enjoyment of Cricket Kings
Services by any other User or person.
- Users agree not to institute, assist or become involved in any type of attack,
including without limitation to distribution of a virus, denial of service, or other
attempts to disrupt Cricket Kings Services or any other person's use or enjoyment of
Cricket Kings Services.
- Users shall not attempt to gain unauthorised access to the User accounts,
Servers or networks connected to Cricket Kings Services by any means other than
the User interface provided by Cricket Kings, 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 underlies or is part of Cricket Kings Services.
- User shall not to publish any content that is patently false and untrue, and is
written or published in any form, with the intent to mislead or harass a person,
entity or agency for financial gain or to cause any injury to any person.
- Users agree not to use Cricket Kings, without limiting the foregoing, for any of the
following:
- To publish, post, upload, e-mail, distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing, obscene,
indecent, or unlawful content;
- To advertise, offer or sell any goods or services for any commercial
purpose on Cricket Kings without the express written consent of Cricket Kings;
- To threaten, stalk, harass, or otherwise violate any legal rights of other
individuals;
- To Transmit files that contain viruses, corrupted files, or any other similar
software or programs that may damage or adversely affect the operation of
another person's computer, Cricket Kings, any software, hardware, or
telecommunications equipment;
- To download any file, recompile or disassemble or otherwise affect our
products that you know or reasonably should know cannot be legally
obtained in such manner;
- To engage in any obscene, offensive, indecent, racial, communal, anti-
national, objectionable, defamatory or abusive action or communication;
- To falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or the source of software or
other material;
- To restrict or inhibit any other user from using and enjoying any public area
within our sites;
- To collect or store personal information about other Users;
- To interfere with or disrupt Cricket Kings, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a
representative of Cricket Kings, or falsely state or otherwise misrepresent
User's affiliation with a person or entity;
- To forge headers or manipulate identifiers or other data in order to disguise
the origin of any content transmitted through Cricket Kings or to manipulate
User's presence on Cricket Kings(s);
- To take any action that imposes an unreasonably or disproportionately
large load on our infrastructure;
- To engage in any illegal activities. You agree to use our bulletin board
services, chat areas, news groups, forums, communities and/or message
or communication facilities (collectively, the "Forums") only to send and
receive messages and material that are proper and related to that
particular Forum.
- To engage in any action that threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign States, or
public order, or causes incitement to the commission of any cognisable
offence or prevents investigation of any offence or is insulting other nation.
- If a User chooses a username that, in Cricket Kings's considered opinion is obscene,
indecent, abusive or that might subject Cricket Kings 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, Cricket Kings reserves the right,
without prior notice to the User, to restrict usage of such names, which in Cricket Kings opinion fall within any of the said categories and/or change such
username and intimate the User or delete such username and posts from
Cricket Kings, deny such User access to Cricket Kings, or any combination of these options.
- Unauthorized access to Cricket Kings is a breach of these Terms and Conditions, and
a violation of the law. Users agree not to access Cricket Kings by any means other
than through the interface that is provided by Cricket Kings for use in accessing Cricket Kings. 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 Cricket Kings is subject to existing laws and legal processes. Nothing
contained in these Terms and Conditions shall limit Cricket Kings's right to comply
with governmental, court, and law-enforcement requests or requirements relating
to Users' use of Cricket Kings.
- Users may reach out to Cricket Kings through -
- Helpdesk if the user has any concerns with regard to a match and/or
contest within 24 hours of winner declaration for the concerned contest.
- Cricket Kings may not be held responsible for any content contributed by Users on
the Cricket Kings.
- Persons below the age of eighteen (18) years are not allowed to participate on
any of the contests, games (by whatever name called) on the Cricket Kings Platform.
The Users will have to disclose their real age at the time of getting access into
the Cricket Kings Platform.
- User hereby confirms that he / she is participating in a contest in personal
capacity and not in the course of business and /or profession.
8. Participation Conditions
By entering a Contest, user agrees to be bound by these Terms and the
decisions of Cricket Kings. Subject to the terms and conditions 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 Cricket Kings 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 of Cash Bonus misuse, misuse of the Referral program, or misuse of
any other 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 Cricket Kings
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, Cricket Kings
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.
9. Contest Registration
- 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
✔ City of Residence
✔ Gender
✔ Date of birth
✔ PAN card
✔ Aadhar card number
✔ Bank account details
- Participants are also required to confirm that they have read, and shall abide by,
these Terms and Conditions.
- In the event a Participant indicates, while entering an address, that he/she is a
resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or
Telangana or any other state that probits fantasy sports by virtue of their state
laws, 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.
10. Prize and Participation in Contest(s)
- Cricket Kings 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.
- As part of its services, Cricket Kings may make available the contest(s) on the Cricket Kings
platform.
- Individual users wishing to participate in the such contest ("“Participants"”) are
invited to create their own fantasy teams ("“Team/s"”) consisting of real life
cricketers (as applicable) involved in the real-life cricket match (as applicable),
series or tournament (each a "Sport Event") to which the fantasy game relates.
- 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 or adjusted deadline.
- Cricket Kings reserves the right to abandon a specific round or adjust the deadline of
a round in certain specific, uncertain scenarios, which are beyond Cricket Kings’s
reasonable control, including but not limited to the ones’ mentioned herein below:
a) Actual match start time is before the official deadline:
❖ For the game of Cricket, Cricket Kings reserves the right to adjust the deadline
by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before
the official match start time.
❖ In cases where official match time cannot be verified by Cricket Kings through
reliable and/or publicly available sources, Cricket Kings reserves the right to
adjust the deadline to such a time by which a maximum of 3 overs in the
given match are bowled.
b) Actual match start time is after the official deadline:
Cricket Kings reserves the right to extend the deadline or abandon the contest/game
based on the circumstances such as delayed toss, interruption on account of
weather, non-appearance of teams, technical/equipment glitches causing delays
etc.
- Cricket Kings shall endeavor 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' (as applicable)
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.
- The Contest(s) across the Cricket Kings Services shall, in addition to the Terms and
Conditions, rules and regulations mentioned herein, be governed by the "Rules"
available at Cricket Kings and the Cricket Kings App and/or Other rules and regulations
(including rules and regulation in relation to any payments made to participate in
the Contest(s); and all Participants agree to abide by the same.
- Currently, there are paid versions of the Contest(s) made available on Cricket Kings
platform. Users may participate in the Contest(s) by paying the pre-designated
amount as provided on the relevant Contest page. The ‘pre-designated amount’
means and includes pre-determined platform fee for accessing Cricket Kings services
and pre-determined participant'’s contribution towards prize money pool. The
Participant with the highest aggregate points at the end of the pre-determined
match shall be eligible to win a pre-designated prize which is disbursed out of
prize money pool, as stated on the relevant Contest(s) page.
- Different Teams for participation in Contest(s) in relation to a Sport Event across
the Cricket Kings Services may be created by a participant. However, unless Cricket Kings specifies otherwise in relation to any Contest ("“Multiple Entry Contest"”),
Participants acknowledge and agree that they may enter only one Team in any
Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s),
a Participant may enter more than one Team in a single Multiple Entry Contest.
In addition, it is expressly clarified that Cricket Kings may, from time to time, restrict
the maximum number of Teams that may be created by a single User account
(for each format of the contest) or which a single User account may enter in a
particular Multiple Entry Contest, in each case to such number as determined by
Cricket Kings in its sole discretion. Participant shall pay a pre-designated amount for
participating in the contest(s) being created on the Cricket Kings platform.
- In the event a Participant indicates, while entering an address, that he/she is a
resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or
Telangana 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
and the amount shall be deposited in the Cricket Kings winning account of all
participants and the remaining amount shall be credited in the Cash Bonus
account of such participants. In the event a user is found to be violating this
policy, the Company reserves the right to initiate appropriate action against such
users as it deems fit, which shall also include forfeiture of the Cash Bonus
Amount.
- Feature in Starting Lineup is Purpose for indicating a player's inclusion in final
starting lineup is only to provide information and assist a user in selecting his/her
team on Cricket Kings. While indicating a Player's inclusion in starting lineup is given
by Cricket Kings 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. Cricket Kings, shall not take any liability, if a player earlier indicated as 'Playing' does not
play or start for any reason whatsoever.
11. Format for Contest(s)
(A) Public contest
- In the Public contest format of the Contest(s), Cricket Kings may make available the
Contest(s) comprising of 2 -– 100 Participants or any other pre-designated
number of Participants by Cricket Kings.
- Cricket Kings 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 the pre-specified
number at the time of commencement of the match, such Contest(s)May will not
be operational and the pre-designated amount paid by each Participant may shall
be returned to the account of such User without any charge or deduction or
contest prize and number of participants may be brought down proportionally in
order to let the contest run smoothly.
- In certain Contests across the Cricket Kings Services, designated as “Guaranteed
contests”, the Contest(s) shall become operational only when a minimum of two
users join a Guaranteed Contest. The pre-specified number of winners to be
declared in such Contest(s), even if all available Participant slots (as pre-
specified in relation to the Contest(s)) remain unfilled. 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, Cricket Kings shall continue with such contests and the short fall
in the prize pool shall be borne by Cricket Kings.
(B) Private contest
- In the Private contest format of the Contest(s), Cricket Kings 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 minimum 2 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 Cricket Kings with the
email address or Facebook account username of Invited Users to enable Cricket
Kings to send a message or mail inviting such Invited User to register with Cricket
Kings (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
Cricket Kings 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).
12. Eligibility
- The Contest(s) are open only to persons, currently residing in India.
- The Contest(s) are open only to persons above the age of 18 years.
- Persons who wish to participate must have a valid email address.
- Cricket Kings 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 Andhra Pradesh, Assam, Nagaland,
Odisha, Sikkim, Telangana or any other state that probits fantasy sports by virtue
of their state laws, 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.
- Cricket Kings 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 Cricket Kings 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.
13. Payment Terms
- In respect of any transactions entered into on the Cricket Kings platform, including
making a payment to participate in the paid versions of Contest(s), Users agree
to be bound by the following payment terms:
a) 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 Cricket
Kings Services charged by Cricket Kings and pre-determined participant’s
contribution towards prize money pool.
b) Subject to these Terms and Conditions, all amounts collected from the User
are held in a separate non-interest earning bank Accounts. The said accounts
are operated by banks appointed by Cricket Kings. From these bank accounts, the
payouts can be made to (a) Users (towards their withdrawals), (b) Cricket Kings
(towards its Platform Fees) and to (c) Government (towards TDS and GST on
Winnings Amount). Cricket Kings receives only its share of the platform Fees
through the said Escrow Agent.
c) The Cricket Kings reserves the right to charge a Platform Fee on Cricket Kings
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.
d) 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 and conditions of such Contest. It is clarified that
Cricket Kings 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 and conditions. The amount to be paid-in
by the User towards the Prize Money Pool would also be debited from the
User’s account balance maintained with the Trustee.
e) It is clarified that in no instance the transfer of any amounts in the User's
accounts to any other category of account held by the user or any third party
account, including a bank account held by a third party.
- Each time a User participates in any contest on Cricket Kings platform, the pre-
designated amount shall be debited in the User’s account. In debiting amounts
from the User’s accounts towards the pre-designated amount of such user shall
be debited from the User’s Wallet and thereafter, any remaining amount of
participation fee shall be debited from the User’s Winning Account.
- 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. In case any amount
added by the User through such payment gateway exceeds the remaining
amount of the pre-designated amount, the amount in excess shall be transferred
to the User’s wallet and will be available for use in participation in any match(s)
or Contest(s).
- Debits from the wallet for the purpose of enabling a user’s participation in a
Contest shall be made in order of the date of credit of amounts in the wallet, and
accordingly amounts credited into wallet earlier in time shall be debited first.
- All amounts credited into a User's wallet must be utilised within no. of days of
credit as decided by Cricket Kings. In case any unutilised amount lies in the wallet
after the completion of no. of days from the date of credit of such amount as
decided by Cricket Kings, Cricket Kings reserves the right to forfeit such unutilised
amount, without liability or obligation to pay any compensation to the User.
- Withdrawal of any amount standing to the User's credit in the Winnings Account
may be made by way of a request to Cricket Kings. Cricket Kings shall effect an online
transfer to the User's bank account on record with Cricket Kings within a commercially
reasonable period of time. Such transfer will reflect as a debit to the User's
Winnings Account. Cricket Kings 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 Cricket Kings. 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 Cricket Kings 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 Cricket Kings, as
well as the name and address existing in the records of the User's bank account
as provided to Cricket Kings. In the event that no bank account has been registered
by the User against such User's account with Cricket Kings, or the User has not
verified his/her User account with Cricket Kings, to Cricket Kings's satisfaction and in
accordance with these Terms and Conditions, and in case the User fails to
register a bank account with his/her User Account and/or to verify his/her User
Account, Cricket Kings shall not transfer any Winning amounts to the User.
- Further, in order to conduct promotional activities, Cricket Kings may gratuitously
issue Cash Bonus to the User for the purpose of participation in any Contest(s)
and no User shall be permitted to transfer or request the transfer of any amount
in to the Cash Bonus. The usage of any Cash Bonus issued shall be subject to
the limitations and restrictions, including without limitation, restrictions as to time
within which such Cash Bonus must be used, as applied by Cricket Kings and notified
to the User at the time of issue of such amount. The issue of any Cash Bonus to
the user is subject to the sole discretion of Cricket Kings and cannot be demanded by
any User as a matter of right. The issue of any Cash Bonus by Cricket Kings on any
day shall not entitle the user to demand the issuance of such Cash Bonus at any
subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Cricket Kings to such User. The Cash Bonus granted to the user may
be used by such User for the purpose of setting off against the contribution to
prize pool in any Contest, in accordance with these Terms and Conditions. The
Cash Bonus shall not be withdraw-able or transferrable to any other account of
the User, including the bank account of such User, or of any other User or
person, other that as part of the winnings of a User in any Contest(s). In case the
User terminates his/her account with Cricket Kings or such account if terminated by
Cricket Kings, all Cash Bonus granted to the user shall return to Cricket Kings and the
User shall not have any right or interest on such points.
- All Cash Bonus credited in the User account shall be valid for a period of 14 days
from the date of credit. The unutilized Cash Bonus shall expire at the end of 14
days from the date of credit.
- Users agree that once they confirm a transaction on Cricket Kings, 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 Cricket Kings has on third parties; any
transactions on Cricket Kings Platform may take up to 48 24 hours to be processed.
Any amount paid or transferred into the User's wallet or Winnings Account may
take up to 4824 hours to reflect in the User's wallet or Winnings Account balance.
Similarly, the utilization of the Cash Bonus or money debited from wallet or
Winnings Account may take up to 24 hours to reflect in the User's wallet or
Winnings Account balance. Users agree not to raise any complaint or claim
against Cricket Kings 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.
- Cricket Kings 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 and conditions and such additional terms
and conditions shall also govern the transaction. To the extent that the additional
terms and conditions contain any clause that is conflicting with the present terms
and conditions, the additional terms and conditions shall prevail.
Tabulation of fantasy points
Cricket Kings 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, Cricket Kings shall use best efforts to rectify
such error prior to the distribution of prizes. However, Cricket Kings 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 Cricket Kings 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, Cricket Kings 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. Cricket Kings shall not be
liable to pay any prize if it is discovered that the Winner(s) have not abided by
these Terms and Conditions, and other rules and regulations in relation to the
use of the Cricket Kings, Contest, "Fantasy Rules", etc.
Contacting Winners
Winners shall be contacted by Cricket Kings 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.
Cricket Kings 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 Cricket Kings. 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. Cricket Kings 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 Cricket Kings. 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 Cricket
Kings, such Participant may contact Cricket Kings within the time specified on the
webpage.
Verification process
Only those Winners who successfully complete the verification process
and provide the required documents within the time limit specified by
Cricket Kings shall be permitted to withdraw/receive their accumulated
winnings (or any part thereof). Cricket Kings shall not entertain any claims or
requests for extension of time for submission of documents.
Cricket Kings 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 grounds:
- Determination by Cricket Kings that any document or information
submitted by the Participant is incorrect, misleading, false,
fabricated, incomplete or illegible; or
- Participant does not fulfill the Eligibility Criteria specified.
- Any other match.
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% excluding cess and surcharge 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 Cricket Kings in
accordance with the then current prescribed TDS rate. Winners will be provided TDS certificates in respect of such tax deductions on quarterly
basis. 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.
TDS deducted by platform at the time of the payment will be displayed
in form 26AS of the user. The user may avail credit of TDS while filing
Income Tax.
Miscellaneous
The decision of Cricket Kings 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 - Andhra Pradesh,
Assam, Nagaland, Odisha, Sikkim, Telangana or any other state that
prohibits fantasy sports by virtue of their state laws,. If it is found that a
Participant playing the paid formats of the Contest(s) is a resident of
any of the abovementioned states, Cricket Kings shall disqualify such
Participant and forfeit any prize won by such Participant. Further Cricket
Kings may, at its sole and absolute discretion, suspend or terminate
such Participant's account with Cricket Kings. 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 Cricket Kings, 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), Cricket Kings shall be entitled, at its sole
and absolute discretion, to disqualify such Participant and forfeit his/her
prize. Further, Cricket Kings may, at its sole and absolute discretion,
suspend or terminate such Participant's account.
To the extent permitted by law, Cricket Kings 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.
Cricket Kings may, at its sole and absolute discretion, vary or modify the
prizes being offered to winners. Participants shall not raise any claim
against Cricket Kings or question its right to modify such prizes being
offered, prior to closure of the Contest.
Cricket Kings will not bear any responsibility for the transportation or
packaging of prizes to the respective winners. Cricket Kings 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 Cricket Kings, 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 Cricket Kings without any charge. The exact
dates remain the sole discretion of Cricket Kings. 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 Cricket Kings that any governmental, statutory or
regulatory compliances or approvals are required for conducting any Contest(s)
or if it comes to the notice of Cricket Kings that conduct of any such Contest(s) is
prohibited, then Cricket Kings 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 are not eligible to participate in any Public Contest(s).
Dispute and Dispute Resolution
- The courts of competent jurisdiction at Gurugram, India shall have
exclusive jurisdiction to determine any and all disputes arising out of, or
in connection with, the Cricket Kings Services provided by Cricket Kings
(including the Contest(s)), the construction, validity, interpretation and
enforceability of these Terms and Conditions, or the rights and
obligations of the User(s) (including Participants) or Cricket Kings, 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 Gurugram, 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 and Conditions shall prevent Cricket
Kings from seeking and obtaining interim or permanent equitable or
injunctive relief, or any other relief available to safeguard Cricket Kings'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 Cricket Kings to pursue any remedy for monetary
damages through the arbitration described herein.
Release and Limitations of Liability
- Users shall access the Cricket Kings Services provided on Cricket Kings
voluntarily and at their own risk. Cricket Kings 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 Cricket Kings Services (including participation in the
Contest(s)) or as a result of acceptance of any prize.
- By entering the contests and accessing the Cricket Kings Services provided
therein, Users hereby release from and agree to indemnify Cricket Kings,
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 Cricket Kings 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.
- Cricket Kings 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 Cricket Kings Services by conducting an illegal
act or due to non-conformity with these Terms and Conditions and other
rules and regulations in relation to Cricket Kings Services, including
provision of incorrect address or other personal details. Users also
undertake to indemnify Cricket Kings 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 Cricket Kings on account of such act
on the part of the Users.
- Users shall indemnify, defend, and hold Cricket Kings harmless from any
third party/entity/organization claims arising from or related to such
User's engagement with the Cricket Kings or participation in any Contest. In
no event shall Cricket Kings be liable to any User for acts or omissions
arising out of or related to User's engagement with the Cricket Kings or
his/her participation in any Contest(s).
- In consideration of Cricket Kings allowing Users to access the Cricket Kings
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 Cricket Kings, 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 Cricket
Kings Services or related to the Contests or the prizes of the Contests.
- The Cricket Kings user is aware and acknowledges that use of the internet
or Technology involves many uncertain factors and complex hardware,
software, systems, communication lines, peripherals, etc., which are
susceptible to interruptions and dislocations; and the said Technology
may at any time be unavailable without further notice. Cricket Kings does
not make any representation or warranty that the said Technology will
be available to the users at all times without any interruption. The Cricket
Kings user agrees and represents that they shall not have any claim
against the Company on account of any suspension, interruption, non-
availability or malfunctioning of the System or Service of the Cricket Kings’
service or systems for any reason whatsoever.
Disclaimers
- To the extent permitted under law, neither Cricket Kings 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, Cricket Kings shall not be responsible for
any harm resulting from downloading or accessing any information or
material, the quality of servers, games, products, Cricket Kings services or
sites, cancellation of competition and prizes. Cricket Kings disclaims any
responsibility for, and if a User pays for access to one of Cricket Kings' Services the User will not be entitled to a refund as a result of, any
inaccessibility that is caused by Cricket Kings's maintenance on the servers
or the technology that underlies our sites, failures of Cricket Kings'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, Cricket Kings does not provide
any warranty as to the content on the Cricket Kings(s). Cricket Kings(s) content
is distributed on an "as is, as available" basis.
- Any material accessed, downloaded or otherwise obtained through Cricket
Kings 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.
- Cricket Kings shall make best endeavours to ensure that the Cricket Kings(s) is
error-free and secure, however, neither Cricket Kings nor any of its partners,
licensors or associates makes any warranty that:
1. Cricket Kings(s) will meet Users' requirements,
2. Cricket Kings(s) will be uninterrupted, timely, secure, or error free
3. Results that may be obtained from the use of Cricket Kings(s) will be
accurate or reliable; and
4. Quality of any products, Cricket Kings Services, information, or other
material that Users purchase or obtain through https://cricketkings.net will meet Users' expectations.
- In case Cricket Kings discovers any error, including any error in the
determination of Winners or in the transfer of amounts to a User's
account, Cricket Kings 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, Cricket
Kings agrees to notify the User of the error and of the exercise of the
remedy(ies) to rectify the same.
- To the extent permitted under law, neither Cricket Kings 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 Cricket Kings Services, events or Contest(s) being hosted or provided,
or intended to be hosted on Cricket Kings 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
Cricket Kings 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
- Cricket Kings 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 Cricket Kings posting them on the Cricket Kings 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 Cricket Kings. If they do not provide Cricket
Kings with accurate information, Cricket Kings cannot be held liable for
failure to notify the User.
- Cricket Kings 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 Cricket Kings'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, labor or materials or any cancellation of any
cricket match to which a Contest relates. In such
circumstances, Cricket Kings shall also be entitled to cancel any related
Contest(s) and to process an appropriate refund for all Participants.
- Cricket Kings's failure to exercise or enforce any right or provision of these
Terms and Conditions 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 Cricket Kings
or these Terms must be filed within thirty (30) days of such claim or
cause of action arising or be forever barred.
- These Terms and Conditions, including all terms, conditions, and
policies that are incorporated herein by reference, constitute the entire
agreement between the User(s) and Octaspin Technology Private Limited and
govern your use of the Cricket Kings, superseding any prior agreements that
any User may have with Octaspin Technology Private Limited.
- If any part of these Terms and Conditions is determined to be indefinite,
invalid, or otherwise unenforceable, the rest of these Terms and
Conditions shall continue in full force.
- Cricket Kings reserves the right to moderate, restrict or ban the use of the
Cricket Kings, specifically to any User, or generally, in accordance with Cricket
Kings's policy/policies from time to time, at its sole and absolute
discretion and without any notice.
- Cricket Kings may, at its sole and absolute discretion, permanently close or
temporarily suspend any Cricket Kings Services (including any Contest(s)).
- Cricket Kings 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 Cricket
Kings platform. Also, promotions/offers cannot be clubbed with Cash
Bonus available with any user.
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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:
- A clear identification of the copyrighted work allegedly infringed;
- A clear identification of the allegedly infringing material on the
Platform;
- Your contact details: name, address, e-mail address and phone
number;
- A statement that you believe, in good faith, that the use of the
copyrighted material allegedly infringed on the Platform is not
authorized by your agent or the law;
- A statement that the information provided in the notice is
accurate, and under penalty of perjury, that the signatory is
authorized to act on behalf of the owner of an exclusive copyright
right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
The aforesaid notices can be sent to the Company by email
at [email protected].
- 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]
Address: OCTASPIN TECHNOLOGY PVT LTD
DDA Building , Nehru Place market Road, Nehru Place, New Delhi, South East Delhi, Delhi, 110019
The Grievance Officer identified above pursuant to the provisions of applicable
laws including but not limited to the Information Technology Act, 2000 and the
Consumer Protection Act, 2019, and the Rules enacted under those laws.
The Company reserves the right to replace the Grievance Redressal Officer at its
discretion through publication of the name and title of such replacement on the
website, which replacement shall come into effect immediately upon publication.
Standard Terms and Conditions of Referral program.
The Cricket Kings Referral Program lets you Referral to join Cricket Kings ("Program"). In
the event that you and your referred friend meet the criteria and complete all the
steps specified in these terms, you can earn a Cash Bonus from Cricket Kings will be
redeemable to join cash contests and contests through the Cricket Kings’s mobile
application for the iOS and/or Android mobile devices (" Cricket Kings Application")
and your friend will receive discount coupons To participate in the Program,
please note our terms and conditions ("Terms") in this respect, as they govern
your participation in the Program:
- Eligibility – All users who: (i) have an account registered with Cricket Kings's
fantasy gaming platform ("Platform"); and (ii) are eligible to participate in
the pay-to play game (as per the Cricket Kings's terms and conditions,
accessible at www.cricketkings.net and (iii) have downloaded and installed
the Cricket Kings Application on their respective mobile devices, will be
eligible to participate in the Program. Participation in the Program by
proxy is not permitted.
- Participation in the Program is voluntary. A user shall not register or
operate more than one user account with Cricket Kings and shall not
participate in the Program with more than one user account with Cricket
Kings.
- By participating in the Program, you agree to and accept these Terms.
- For the purpose of participation in the Program, you are required to
have the Cricket Kings Application downloaded and installed on your mobile
device. Through the Cricket Kings Application, you will be provided with a
unique link or code, which can be shared by you with friends for the
purpose of inviting such friends to create and register an account with
Cricket Kings and download the Cricket Kings Application. On receiving the link
or code your friend may either: (i) Click on the link, consequent to which
such Your referral friend will be directed to a registration page and will
be provided the option to register an account with Cricket Kings and
download and install the Cricket Kings Application on his/her device; or (ii)
download and install the Cricket Kings Application on his/her device
independently, register for a Cricket Kings account through the Cricket Kings
Application and enter the unique code shared by you where prompted
in the Cricket Kings Application.
- You and your friend will be eligible to earn the Bonus Amount subject to
(amongst other terms specified in these Terms): (i) your referral friend
not being an existing user of Cricket Kings; and (ii) the You and Your referral friend being eligible to participate in the pay-to play Cricket Kings fantasy
cricket, fantasy basketball, fantasy hockey, fantasy volleyball, fantasy
kabaddi, fantasy baseball, fantasy handball, fantasy American football
or fantasy football game; and (iii) the Your referral friend successfully
registering for an account with Cricket Kings through the unique link or by
using the unique code shared by the You; and (iv) the You and Your
referral friend agreeing to the license agreement for the Cricket Kings
Application and downloading and installing the Cricket Kings Application as
available for the You and Your referral friend’s respective mobile
devices. For the purposes of these Terms, an 'existing user of Cricket Kings'
shall mean a user who presently operates an account with the Platform
or operated an account with the Platform at any point of time.
- An Your referral friend who is an existing user of Cricket Kings is not
permitted to register a new account with the Platform for the purpose of
availing of the Bonus Amount. Cricket Kings will determine in its sole
discretion whether an Your referral friend is an existing user of Cricket Kings
or not and take appropriate action.
- If the Your referral friend opts to register for a Cricket Kings account through
the Cricket Kings Application, the Your referral friend can verify his/her
contact information at the time of registration.
- The verification process may require an You/Your referral friend to
submit personal information about the user (You/Your referral friend)
and documents identifying the You/Your referral friend. You agree to
receive communication from Cricket Kings and to allow Cricket Kings to
communicate with Your referral friends referred by you about the Your
participation in the Program. Any information collected in respect of the
You/Your referral friend as part of the Program or otherwise during such
person's use of the Website shall be subject to Cricket Kings's Privacy
Policy (available here: https://cricketkings.net for Indian users)
- The verification of an Your referral friend shall be completed at the time
of first withdrawal by the Your referral friend from the Your referral
friend's 'Winnings' Account with the Platform. Your referral friend may
voluntarily seek verification by clicking on the 'Verify Now' tab on the
Winnings tab on the My Balance Page of the You/Your referral friend's
account with the Platform.
- The Your referral friend will be eligible to receive a maximum discount
as decided by Cricket Kings at the time of joining (“Your referral friend
Discount”) utilization of which will be at the discretion of Cricket Kings.
- Below table is for illustration purpose only, actual numbers may vary: -
If your friend does play for |
You Get |
Friend Gets |
Worth of gameplay
50 |
Bonus
₹50 |
Bonus
₹50 |
Worth of gameplay 200 |
Bonus ₹100 |
Bonus ₹100 |
Worth of gameplay 1,000 |
Bonus ₹30 |
Bonus ₹10 |
Worth of gameplay 5,000 |
Bonus ₹30 |
₹30 |
Worth of gameplay 10,000 |
₹120 |
₹200 |
₹50 |
Worth of gameplay 1,00,000 |
₹2000 |
₹500 |
Worth of gameplay 5,00,000 |
₹10201 |
₹2000 |
Worth of gameplay Total |
₹12566 |
₹2740 |
- The Bonus Amounts credited to the your account be used by the You to
join cash contests and contests offered by Cricket Kings through the
Platform. No part of the Bonus Amount may be used to join private
contests or be withdrawn or transferred to any other cash balance account held by the You/Your referral friend with Cricket Kings or to any
third party account or to any bank/payment instrument account.
- The deposit of the Bonus Amount shall be at the sole discretion of Cricket
Kings and shall be subject to compliance with these Terms. Cricket Kings
may substitute or change the Bonus Amount offered under the Program
at any time without notice. Also you are not allowed substitute the
amount of Bonus Amount or substitute offering for other items or
exchange for cash.
- Cricket Kings reserves the right to:
withhold the deposit of the Bonus Amount; and/or
a. forfeit any deposited Bonus Amount to an You/Your referral friend or any
prizes/winnings earned by the participant by using such Bonus Amount; and/or
b. deactivate the accounts of the You/Your referral friend, in the event that it
determines or reasonably believes that such You/Your referral friend has violated
these Terms or the terms and conditions of the Cricket Kings fantasy games.
Mere participation in the Program does not entitle the You to receive any
Bonus Amount.
Cricket Kings may, at its sole and absolute discretion, disqualify any You/Your
referral friend if such You/Your referral friend engages in or it is found that such
You/Your referral friend has engaged in any illegal, unlawful or improper conduct
(with regard to the Program or otherwise).
The decision of Cricket Kings will be final and binding with regard to the
Program, and the deposit of the Bonus Amount and the Your referral friend
Discount and no correspondence, objection, complaints, etc. will be entertained
in this regard.
This Program cannot be clubbed with any other
contests/promotions/programs that are running simultaneously and organised or
conducted by Cricket Kings.
Cricket Kings reserves the right to change/modify/or withdraw the Program
and/or change these terms and conditions without any prior notice of the same at
its sole discretion.
The Terms and Conditions, as applicable to the Cricket Kings's fantasy games
and services, will apply to and govern the Program.
Cricket Kings does not make any commitment, express or implied, to respond
to any feedback, suggestion and, or, queries of the participants (You/Your
referral friend) of the Program.