www.SportzKing.com is an online prediction contest operated by Nyuworld Enterprise (hereinafter referred to as ‘us’, ‘we’, ‘our’).
The website provides online cricket, football, baseball ( and many other sports ) prediction contests and fantasy game through its website www.SportzKing.com and also through web-based applications, and mobile applications.
The Use (which shall mean and include access, use, visit, browse, download from, upload to, utilize but not restricted to these) of the website (which shall include website or web based application or mobile application or any feature or component or part or page or section of these by whatever name called) shall be governed by these Terms and Conditions.
If you choose to use the website in any manner, you shall be accepting the Terms and Conditions. And your use shall be governed by these Terms and Conditions every time you visit the website, when you make registration, upon providing any information on the website.
By way of these Terms and Conditions you are contracting with Nyuworld Enterprise, which expression unless the context otherwise required shall mean and include its successors, liquidators and assigns.
For the purpose of these Terms and Conditions, the word ‘You’, ‘User’, ‘Player’ shall include any legal or natural person who uses the website.
To use the website you need to accept the Terms and Conditions herein as amended from time to time by us. By choosing the ‘I agree’ option on the Home Page or ‘Start Playing’ button or logging in through a third party website such as ‘Facebook’ or ‘Google’ or any other website as permitted by us you are accepting the Terms and Conditions contained herein.
If you do not accept the Terms and Conditions herein do not click on ‘I agree’ or ’Start Playing’ button or login through third party web site and/or use the website or otherwise access the website.
We reserve the right to amend the Terms and Conditions at our discretion. We may post a revised version of the Terms and Conditions on the website. Unless expressed otherwise the Terms and Conditions or any part of it shall become effective from the time it is posted on the website.
You are advised to regularly check for amendments to the Terms and Conditions. We may inform the registered users of any amendment of Terms and Conditions by way of registered email or by notification in the user accounts.
You may inform of non-acceptance in the manner provided in a time bound manner after which it will be understood that you have accepted the Terms and Conditions.
Certain times we may provide services or run promotional offers which may be subject to additional terms and conditions.
The user will have to accept these terms before use of such services or offers.
To the extent where it relates to the additional services or offers, the additional terms and conditions shall prevail if inconsistent with these Terms and Conditions contained herein.
At the outset we hereby disclose that we hold absolute rights and discretion to the following:
- Make rules regarding the contests/games being played on the website, change or modify the rules at any time without giving prior notice thereof;
- Discontinue or modify permanently or temporarily any of the contests/games on the website, the website itself or any part of the website or any of the services provided by us on the website or through the website;
- Move or remove or restrict access to any content on the website including the user accounts, information provided by the user, temporarily or permanently, without prior notice; and
- We may also at our discretion deactivate any user’s account without assigning any reason whatsoever if it contravenes any of the terms and conditions
We reserve the right to restrict a user’s right to access the website, or delete the user’s account or all user information in the event the user breaches the Terms and Conditions or does or takes part in any illegal or improper conduct or unauthorized activity in relation to the website.
Also, in such an event we reserve the right to take proper legal steps and take any action as we deem fit to protect our interests, that of our associates and service providers. Our decision in this respect shall be final and binding on you.
Subject to your agreement and continuing compliance with these Terms and Conditions and any other relevant policies, we grant you a non-exclusive, non-transferable, license for your own entertainment including gaming purposes.
You agree not to use the website for any other purpose.
In order to register for the website, users must provide the following valid and correct information:
Full Name (First Name and Last Name), E-mail address, Password, Country, State of Residence, a valid PAN (Permanent Account Number), a valid phone number linked to a valid UPI id via GPay (or PhonePe or any such service) or Paytm, a valid and active Bank Account, and Date of Birth.
We do not take any responsibility for any incomplete and incorrect information and same shall be dealt with in accordance with these Terms and Conditions.
The phone number linked to a valid UPI id via GPay and Paytm. The PAN and valid Bank Account with a bank that is NEFT in the name of the user is mandatorily required to facilitate the transfer of any amount due to the user.
If required by law, we may require you to provide us with KYC details and you agree to provide the same as and when called upon.
Users are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
The website is a medium to play prediction contests, game(s) of skill, many states in the country have their own legislation on permitting citizens to participate in a game of skill, payment of prize etc.
Users must, before registering, confirm it is permitted under relevant laws as in force to participate and play game(s) on the website.
We do not take any liability or responsibility including criminal liability in the event the user’s participation on the website is held illegal or any action is initiated against the user.
In case Registration is carried out through social networking sites such as Facebook, Google or any other site, in that case you hereby fully authorize us and give your absolute consent to obtain your information as may be necessary for registering you with us.
Even when you choose to Register on the website through third party sites as permitted by us, you will be required to provide other information necessary for registration on the website which we have not received or taken from the third party sites, whether because they are not available with third party site, or under its policies the third party site cannot disclose the same to us, or you have not permitted the third party site to share your information with other third party(ies).
A visitor or user who is invited by existing user will also need to register on the website before using the website in any manner and must accept the terms and conditions before using the website
We may also provide you with an option to partly complete your Registration; however, a complete user profile/Registration is mandatory for a User to withdraw any of his/her winnings or any other amount due to the user from the website
For being eligible to use the website, to play games and win cash prizes on the website the user must meet the following criteria:
- The user must be a registered user having a proper account on the website;
- Even though anybody can play the contest; to win the cash prizes, the user must be a citizen of India
- Free-to-enter contests are open to everyone; for paid contests the user must be 18 years of age or older
- For any free contest where the user has a chance to win cash prizes, user must have a phone number linked to a valid UPI id
- To play the paid games the user must have a valid bank account, PAN card, and government issued ID card which establishes the identity of the user and the present address of the user;
The contents of this website, including all software, design, text, images, photographs, illustrations, audio and video material, flash, artwork, items, graphic material, databases, applications, proprietary information and all elements of the website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, and trade names, unless belonging to any other person, are our property and our Affiliates’, and any of our or their successors, liquidators and assigns, and any of respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under applicable law and rules , as well as applicable foreign laws, regulations and treaties
The services of the website shall at all times be subject to the laws regarding all intellectual properties but not limited to trademark, copyright, patent, and trade secret
Users undertake and agree to abide by such laws including such laws which may come into effect after publishing these Terms and Conditions
The user is solely responsible for any violation of Terms and Conditions, infringement of intellectual property, violation of any law caused by the user.
On publishing, posting, submitting, sending, storing, sharing any content to, on or through the website the user grants us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights in the information and content, in any media or medium now known or developed, produced, invented or used in future, with respect to your information.
We may use such information to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat, exploit and distribute such information.
The licence shall be used for publicity, marketing, operating, promoting and developing the website.
This license shall continue to operate even if a User stops using Services or terminates this Agreement.
Upon providing his/her personal mobile number on the website for downloading or receiving the app link, User expressly opts-in to receive and provides his/her expressed consent to Website to send, any related sms, message or link on his/her mobile, notwithstanding any DND prohibition that may be applicable to the User’s mobile.
Nothing contained herein shall be deemed to have conferred a licence to the users in respect of any of the intangibles on the website (including the software, transmission, data, the know-how, the game, components of the game, the promotions, etc) whether existing or not.
The users shall not publish, place, post, display names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party.
The users confirm and agree that they have the intellectual and proprietary rights of anything posted, published, shared, communicated, displayed, transmitted, placed anywhere in or on the website or shared, sent, transmitted, communicated to us.
User undertakes that all and every content of the user does not infringe any third party’s right, property and interest.
The user undertakes to indemnify us, our directors, employees, agents, associates, affiliates, assigns, third party service providers from any and all damage, loss, costs, harm, as any litigation costs, fees incurred due to any infringement of third party rights by the user or due to any act done or omitted to be done by the user.
The user’s liability and undertaking to indemnify us shall continue even after the user has deleted the user’s account, we have deleted the user account or restricted the access to the user's account.
Any omission of any act by us shall not absolve the user from the liabilities under these terms,
We do not hold any intellectual property right in ‘BCCI’, ‘ICC’, IPL, or any other sports league etc.
The names, logo, label, trademark, copyrights or other intellectual property rights vest with their respective owners.
We recognize that these third parties have their own intellectual property right in such name, logo, label, trademark, copyright or any other property rights.
Any reference to these is merely for the purpose of identification.
Any issues with these may directly be resolved with the respective third parties.
LINKS TO OTHER SITES, APPLICATIONS AND THIRD PARTY CONTENT
The website contains links to other sites and/or applications.
We do not exercise any control over these.
The user may click on these links at their own risks.
We do not take any responsibility for any liability, damage, loss, harm etc. that arises from the users attempt to click on links or accessing the content outside our website and third party content on our website.
Merely the existence of links to third party sites or applications or existence of third party content on the website does not amount to endorsement of third parties or the links or sites or applications or content.
We may place advertisements and surveys on our website through third party service providers.
We do not endorse any goods, services, games, sites, applications, etc.
GENERAL TERMS AND CONDITIONS
You agree, undertake and confirm that your use of website shall be strictly governed by the following binding principle:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult);
- ries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as Games, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related on the website. Throughout these Terms and Conditions, our prior written consent means a communication coming from us, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- interferes with another user’s use and enjoyment of the website or any other individual’s User and enjoyment of similar services;
- refers to any website, URL, applications that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any virus, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or codes that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- hreatens 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 cognizable offence or prevents investigation of any offence or is insulting any other national or nation;
- may be false, inaccurate or misleading;
- directly or indirectly, offers, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; and
- creates liability for us or causes us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
2. You shall not conduct or be part of a conduct that would be deemed improper, including but not limited to the following:
- falsifying personal information required to enter a Game or claim a prize;
- engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Game or claim a prize;
- colluding with any other Player(s)/users or engaging in any type of syndicate play;
- any violation of Game rules or the Terms and Conditions;
- using a single account to participate in a Game on behalf of multiple Players/users or otherwise collaborating with other users to participate in any Game;
- using automated means (including but not limited to scripts and third-party tools) to interact with the website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a team, and editing a team);
- using automated means (including but not limited to harvesting bots, robots, parsers, spiders or screen scrapers) to obtain, collect or access any information on the website or of any User for any purpose.
- any type of promotion abuse, abuse of the invite-a-friend program, or abuse 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 measures associated with a contest;
- obtaining other entrants information and spamming other entrants; or
- abusing the website in any way.
3. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve Our right to bar any such activity.
4. You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
5. You shall not probe, scan or test the vulnerability of the website or any network connected to the website nor breach the security or authentication measures on the website or any network connected to the website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to website, or any other customer, including any account on the website not owned by You, to its source, or exploit the website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the website.
6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or our reputation, or users on website or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
7. You agree that You will not take any action or assist or aid in any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or systems or networks, or any systems or networks connected.
8. You agree not to assist in use of any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.
9. You agree not to use any cheats, exploits, software, bots, hacks or any unauthorised third party software to modify or interfere with the website or any services and/or experience on the website or assist in such activity.
10. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal that You may send to Us on or through the website or any service offered on or through the website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. You 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 website.
11. You shall not be involved in any manner including assist or aid in 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, modify any files or software, or disrupt, overburden, in the disruption or overburdening of any computer or server used to offer or support website or any services; or the enjoyment of website or services by any other User or person.
12. You may not use the website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights of and / or others.
13. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service. You shall not engage in any transaction in an item or service on the website other than with Website, its affiliates and third party suppliers.
15. From time to time, You shall be responsible for providing information In this connection, You undertake that all such information shall be accurate in all respects.
17. You shall not operate or register more than one account on the website. Hence, user shall operate only one account across multiple email ids or For sake of clarity, if a user has more than one email account or more than one account on SNS, the user will create, operate or register account using only one of these and no further account(s) to be created, operated or registered using other email ids and other SNS.
18. You shall not engage in advertising to, or solicitation of, other Users of the website to buy or sell any products or services, You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the website. It shall be a violation of these Terms and Conditions to use any information obtained from the website in order to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the access of any user to the website including the user’s account and take any action as We deem appropriate in our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
19. We reserve the right, but have no obligation, to monitor the materials posted on the website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
20. You agree to receive all communication from us including emails, notifications, messages to your registered email, account on website, account on SNS sites(s), registered mobile number or any other mobile number entered by You on the website.
21. Users are themselves responsible for maintaining confidentiality and secrecy of the user’s information, account, account details, password. User shall not knowingly or unknowingly disclose or reveal these to any other person and take necessary precautions. The user shall log out from their account and website after every use. We are not responsible for any breach of security or any loss or any damage caused to the user or any other person. User must inform us immediately about unauthorized use of their account, password or breach of security.
22. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
23. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the website. Please carefully select the type of information that You publicly disclose or share with others on the website.
24. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
25. Persons below the age of eighteen (18) years are required to seek permission or consent from their parents or legal guardians before furnishing data, participating or entering on website or the website Services or inter alia, in the Game, uploading pictures, playing games or being part, directly or indirectly, of any activity on website. Entry to a website without consent from parent/s or legal guardian and consequent participation in any activity on website is not permitted and such person is subject to disqualification at the sole and absolute discretion of the website, whenever it comes to the knowledge of the website.
26. We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
27. Although persons below the age of 18 years may be allowed to use certain website Services on the website with the consent of their parent/s or legal guardians, they may not (where expressly stated in the rules of the Game) participate in Game(s) hosted by the website. Any person below the age of 18 shall not play any games otherwise need any payment to be made or are paid games.
Free to enter prediction contests :
Since each and every contest on the website is free to enter for users, any contest or game on this website is not a gambling or betting activity and is excluded from the Public Gaming Act, 1867. We do not take any responsibility and liability nor do we confirm or guarantee that the website and the games on the website conform to the applicable state laws. User has been informed of the same and the user waives any claim, right, action by whatever name called against us for any action taken, claim raised, hardship caused to the user by the user's use of the website.
Website as a part of its services on the website, hosts prediction contests and/or fantasy games that are based on real life sport games. Every contest/game involves using a knowledge of the sporting event, knowledge of the players, the venue of the real event, conditions in which the real game will be played. Based on their knowledge and skill the registered users are invited to predict various outcomes related to the match and real players that will play in a real game. Based on the rules of the contests (available in How to Play section) and the prediction provided for each contest by a registered user, points will be allotted for each correct prediction. The registered user with the highest points tally for that points day (Defined in Winning prize) will be declared the winner for that points day subject to the Rules and Regulations and Terms and Conditions. The Website may award such registered user(s) with an award or prize.
CONTEST / GAMES
For playing any contest/games all users must also agree to all the rules and regulations including these Terms and Conditions relating to payment. The user must register themselves before playing any game and follow the steps mentioned in the How to Play section to enter and play any prediction contest/fantasy game.
All the payments shall be made through the designated payment gateways. Since we use third party services in that respect, the users must also accept the terms and conditions of the third party service providers. We do not take any responsibility in respect of the third party services. Such services are subject to the terms and conditions of the third party services. By making any payments the Users shall have deemed to have accepted the terms and conditions of the third party service providers. We will not entertain any and will not be liable for, in case of any complaint, claim, liability, loss from the user or any other person.
At times the payment made by us may take time to reach the user’s account.
For amounts relating to Winning or transfers to the user’s bank account, may take certain processing time to reflect in My Wallet. If the payment is not reflected to the bank account linked to the registered phone number within 24 hours of the day in consideration for points tally, the user should raise it to the Website within the next 24 hours. (For example if the winner is declared based on the total points earned from 12:00 am 6th Aug to 11:59 pm 6th Aug, and if the winning user does not receive the cash prize till 11:59 pm 7th Aug, the user has to report this to Website by 11:59 pm 8th Aug). We shall not entertain any requests for non-receipt of cash prize later than that.
In a scenario, when a real world match/game underpinning a contest/game is aborted or abandoned or called off without any result, in such scenario any all the contests/games pertaining to that real world match/game shall be declared void and those points would not be added to the user’s points tally.
The contests added to the website will be totally our discretion and not all sporting events will be covered. The questions asked will be totally our discretion,
All the contests on the website are free to enter for all the users. Users do not have to pay anything to enter the contests. Users should not pay any amount even if asked by any employee/affiliate from the website or claiming to be an employee/affiliate from the website.
The coins allotted to the user (or earned by the user through referrals or ads) can only be used for entering the contests.
The leaderboard will be formed on the basis of the points won and not the coins.
The coins cannot be used to claim anything.
We may, as promotion or as a gratuitous act, credit the user with coins for referrals.
The coins are non-transferable, non-encashable or withdrawable by the user; they can be used only to enter and play the contest/games on the website.
The coins shall be credited to the user if the user invites/refers friends (covered in Refer Friend policy) or views ads and also subject to limitations and conditions for which it is credited.
Such coins have to be utilized subject to the conditions under which they are issued.
By crediting coins, we do not make any promises or such credit does not give rise to any right or action in favour of the user.
We are not liable to make any payments against the coins.
The manner in which the coins can be used to enter the fantasy game shall be predetermined.
reserves the right to withdraw any coins credited to users’ account without any prior notice.
Simply, by registering on the website or purchasing credits does not entitle any user for free credits or earn coins.
SportzKing shall, at its own sole discretion, at any time may award any amount of coins to any of the users.
SportzKing at its own sole discretion may launch a new promotion or amend the terms of any existing promotions wherein the potential amount of coins to be granted or to be earned by the users may change without any prior notice to the users.
We don’t guarantee or promise the users the amount of coins that a user may have been notified under a running promotion on the website, as the promotion may have changed, amended or withdrawn since the notification.
Users may have to act swiftly to avail the benefit, though not guaranteed, under any running promotions at the website.
WINNING PRIZE AND WINNERS
The Prize Winnings awarded to the game winners as per game rules and other terms and conditions, are credited to users’ bank account linked to the registered mobile number through UPI, subject to the provision that the provided phone number is linked to a bank account that is active, correct and valid. In case, there is no valid phone number (which is linked to a valid and active bank account through a valid UPI id) provided by the user or there is a transaction failure in transferring the amounts to the provided , such cases shall be notified to the users for any corrective amendments, measures or actions at the user end. SportzKing does not take any responsibility and will not be liable for any inaccurate or lack of information relating to the user's payment details. User has to ensure, provide and maintain a correct and valid phone number, which has a valid UPI ID and bank account linked to it, on the website. Website, in any case, shall not be liable to pay any interest or compensation whatsoever for any delays or inability to transfer the cash prize to a user account, irrespective of the reason or the party responsible for such delays and/or inability for transferring the winnings to the user account.
We shall deduct the TDS at applicable rate from the Prize Winnings upon crediting the winnings to the users or at any time earlier. Wherein a user has not completed PAN verification or has not provided the PAN as needed for TDS deductions, in such case the probable winnings will be withheld from the user. We shall entertain no claims in respect of the forfeited Prize Winnings.
The Winners will be selected on the basis of the total points won by the user on that particular day, which will be from 12:00 am to 11:59 pm everyday. The total contestable points for a particular day will be the total of all available points from all available contests (all sports and leagues) for that day. Whether a user can enter every such contest will depend on the number of coins the user has. The Registered User(s) with the highest aggregate points on the leaderboard will be adjudged as the Winner(s) subject to these Terms and Conditions and rules. Where there is a tie amongst the Registered Users, the prize amount will be split according to the method described below:
1. If 2 users are tied with the highest points tally, the total cash prize of the first and second place will be split equally and distributed between these users. In this scenario, the user with the second highest points tally will win the cash prize of the third place. If more than 1 users are tied at the second highest points tally, the cash prize of the third place will be equally split and distributed between these users. Any user with a lower points tally will not be eligible for any cash prize.
2. If 3 or more users are tied with the highest points tally, the total cash prize of the first, second and third place will be split and distributed between these users. Any user with a lower points tally will not be eligible for any cash prize.
3. Assuming that there is only one user at the highest points tally; If there are 2 or more users with the second highest points tally, the cash prize of the second and third place will be equally split between these users. Any user with a lower points tally will not be eligible for any cash prize.
4. Assuming that there is only one user each at the highest points tally and the second highest points tally, and if 2 or more users are tied at the third highest points tally, the cash prize for the third place will be split and distributed equally amongst these users. Any user with a lower points tally will not be eligible for any cash prize.
An amount outstanding as the Winnings Credits shall be transferred to the User’s bank account after
- Valid and correct phone number linked to a valid Bank account through UPI a
- The User has to verify their identity, must provide us with valid identity proof, address proof, and PAN card. The decision of the Website in this regard is final and binding and is not open to question.
- After deducting all the applicable taxes, TDS certificates will be provided to the user according to the valid and correct details provided by the user
The Winnings Credits will be transferred to the User’s account only after we have ensured and confirmed that the user’s identity is the same as the account created on the website. And that the user is the same actual person whose account is created on the website.
To the extent permitted by law, Website 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.
Website may, at its sole and absolute discretion, vary, modify or completely cancel the prizes being offered to winners. Participants shall not raise any claim against the Website or question its right to modify such prizes being offered, prior to closure of the contests/games.
Website will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Website 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 to 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.
Where it is found that the User has not complied with the verification process, rules or Terms and Conditions, we reserve the right to cancel the Winnings. Where violation of the verification process, rules or Terms and Conditions or case of false identity comes to our knowledge, we shall in addition to any remedy and legal action available to us, debit the credits standing to your bank account to recover the winnings or equivalent amount thereof.
Acceptance of a prize by the Winner constitutes permission for Website, 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 Website without any charge. The exact dates remain the sole discretion of Website. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
The total lifetime winnings will be displayed in the user’s profile, leaderboard, any other place in the website and also in promotional posts on social media. However that is just a number of the total winning till date and not the actual amount due to the user. The winning user will be rewarded with the daily cash prize on a daily basis, and once it is credited to the user, the Website does not owe the user any amount.
Website shall deduct any applicable TDS against the PAN as provided by the user at the website. Once TDS deducted and TDS filed, Website shall not entertain any correction requests in PAN with respect to any past TDS deductions and filings. Any changes to PAN shall reflect only in future deductions and filings.
The winners of the games are decided in the predefined manner. In the event there are more than one winner the winnings shall be distributed equally to no. of winners as described in the Winning prize section. We rely on third party data and services for declaring the winner. We are not responsible and do not take or hold any liability in case of any error or in case any dispute is raised regarding the declaration of winner and awarding the winnings to any person declared as winner. We shall not entertain any dispute in these regards and our decision in these regards shall be final. This however shall not deem to mean waiver that of any action or right that Website has against the person declared winner due to any error or wrong data or discrepancy in data.
If it comes to the notice of Website that any governmental, statutory or regulatory compliances or approvals are required for conducting any Game(s) or if it comes to the notice of Website that conduct of any such Game(s) is prohibited, then Website shall withdraw and / or cancel such Game(s) without prior notice to any users or winners of any Game(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Game, or Game it in any manner.
Employees, directors, affiliates, relatives and family members of Website, will not be eligible to participate in any Game(s).
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 Website Services provided by Website (including the Game(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or Website, 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 and Conditions shall prevent Website from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Website’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 Website to pursue any remedy for monetary damages through the arbitration described herein.
OTHER GENERAL CONDITIONS
Users shall access the Website Services provided on Website voluntarily and at their own risk. Website 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 Website Services (including participation in the Game(s)) or as a result of acceptance of any prize.
By entering the Website and accessing the Website Services provided therein, Users hereby release from and agree to indemnify Website, 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 Website 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.
Website 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 Website Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Website Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Website 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 Website on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Website harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Website or participation in any Game. In no event shall Website be liable to any User for acts or omissions arising out of or related to User’s engagement with the Website or his/her participation in any Game(s).
The liability of the Website in any case towards the user or any third party shall be restricted to Rs. 100 (Rupees One hundred only)
In consideration of Website allowing Users to access the Website Services hosted on the Website, 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 Website, 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 Website Services or related to the Games or the prizes of the Games.
Neither Website 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.
Website shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Website services or sites, cancellation of competition and prizes. Website disclaims any responsibility for, and if a User pays for access to one of Website’s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Website’s maintenance on the servers or the technology that underlies our sites, failures of Website’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, Website does not provide any warranty as to the content on the Website(s). Website(s) content is distributed on an “as is, as available” basis.
Any material accessed, downloaded or otherwise obtained through Website 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.
Website shall make best endeavours to ensure that the Website(s) is error-free and secure, however, neither Website nor any of its partners, licensors or associates makes any warranty that: the Website(s) will meet Users’ requirements, that website and the games(s) will be uninterrupted, timely, secure, or error free, that the results that may be obtained from the use of website(s) will be accurate or reliable; and the quality of any products, Website Services, information, or other material that Users purchase or obtain through website will meet Users’ expectations.
In case Website discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, Website reserves the right (execisable at its discretion) to rectify the error in such manner as it deems fit, including through a debit or adjustments by whatever name called 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, Website agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
Website 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 Website Services, events or Game(s) being hosted or provided, or intended to be hosted or provided by Website 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 Website Services, events or Game(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Games, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
Website 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 Website posting them on the Website 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 Website. If they do not provide Website with accurate information, Website cannot be held liable for failure to notify the User.
Website 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 Website’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 Game relates. In such circumstances, Website shall also be entitled to cancel any related Game(s) without any further disclosures.
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.
If any part of these Terms and Conditions or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of these Terms and Conditions are declared to be severable and shall not affect the validity and enforceability of remaining Terms and Conditions
Website’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. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any situation where you breach these conditions
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 Website or these Terms must be filed within thirty (30) days 24 hours 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 Website and govern your use of the website, superseding any prior agreements that any User may have with Website.
Website reserves the right to moderate, restrict or ban the use of the Website, specifically to any User, or generally, in accordance with Website’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
Website may, at its sole and absolute discretion, permanently close or temporarily suspend any Website Services (including any Game(s)).
We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website.
Further this document is an electronic record generated by computer system and does not need physical or digital signature(s).