www.SportsArt.in is the flagship brand of SportsArt Fantasy Sports (OPC) Pvt. Ltd. . Through www.SportsArt.in, along with its sub-pages, and the www.SportsArt.in App, www.SportsArt.in operates its portals through which it offers cricket based online fantasy. www.SportsArt.in as used herein shall be construed as a collective reference to www.SportsArt.in and the www.SportsArt.in App.
2. Usage of www.SportsArt.in
- Certain Amusement Facilities being provided on www.SportsArt.in 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.
- SportsArt may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of www.SportsArt.in.
- Change, suspend, or discontinue all or any part of the Amusement Facilities;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on www.SportsArt.in;
- Deactivate or delete a User's account and all related information and files on the account;
- Establish general practices and limits concerning use of www.SportsArt.in;
- Revise or make additions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
- Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)
- In the event any User breaches, or www.SportsArt.in reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used www.SportsArt.in or Amusement Facilities, SportsArt 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 SportsArt or Amusement Facilities, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on www.SportsArt.in and further, take technical and legal steps as it deems necessary.
- If www.SportsArt.in charges its Users a fee in respect of any Amusement Facilities, www.SportsArt.in shall, without delay, repay such fee in the event of suspension or removal or the User's account or www.SportsArt.in Amusement Facilities on account of any negligence or deficiency on the part of www.SportsArt.in, but not if such suspension or removal is affected 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 www.SportsArt.in.
- Users consent to receiving communications such as announcements, administrative messages and advertisements from www.SportsArt.in or any of its partners, licensors or associates.
3. Intellectual Property
- SportsArt includes a combination of content created by www.SportsArt.in, its partners, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying www.SportsArt.in and Amusement Facilities and material published on www.SportsArt.in, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by www.SportsArt.in, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on www.SportsArt.in either in whole or in part without express written license from www.SportsArt.in.
- Users may request permission to use any www.SportsArt.in content by writing in to support@SportsArt.in
- 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 SportsArt ("Users' Content"). 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 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 www.SportsArt.in. Users agree to indemnify and hold harmless, 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 www.SportsArt.in, by such User or through the User's commissions or omissions.
- Users hereby grant to www.SportsArt.in 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 www.SportsArt.in
- 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 www.SportsArt.in(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 www.SportsArt.in.
4. Third Party Sites, Services and Products
- www.SportsArt.in 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. SportsArt does not exercise control over any Internet sites apart from www.SportsArt.in and cannot be held responsible for any content residing in any third-party Internet site. www.SportsArt.in's inclusion of third-party content or links to third-party Internet sites is not an endorsement by www.SportsArt.in of such third-party Internet site.
- Users' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services 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 of such third party. User agrees that www.SportsArt.in will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.
- SportsArt contains content that is created by www.SportsArt.in as well as content provided by third parties. www.SportsArt.in 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 Amusement Facilities provided on www.SportsArt.in including while participating in any of the contests hosted on www.SportsArt.in.
6. User Conduct
- restricting, suspending, or terminating any User's access to all or any part of www.SportsArt.in's Amusement Facilities;
- 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 www.SportsArt.in subject to a processing fee (if any) applicable on such transfers as set out herein; or
- Refraining from awarding any prize(s) to such User.
- Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by www.SportsArt.in). Users further agree to update and keep updated their registration information.
- A User shall not register or operate more than one User account with www.SportsArt.in.
- Users agree to ensure that they can receive all communication from www.SportsArt.in by marking e-mails from www.SportsArt.in as part of their "safe senders" list. SportsArt shall not be held liable if any e-mail 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 www.SportsArt.in 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 SportsArt 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. www.SportsArt.in shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
- Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software designed to modify or interfere with www.SportsArt.in Amusement Facilities and/or www.SportsArt.in 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 www.SportsArt.in.
- Users agree that without www.SportsArt.in's express written consent, they shall not modify or cause to be modified any files or software that are part of SportsArt’s Amusement Facilities.
- 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 www.SportsArt.in or the Amusement Facilities (each a "Server"); or (2) the enjoyment of www.SportsArt.in's Amusement Facilities 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 www.SportsArt.in's Amusement Facilities or any other person's use or enjoyment of www.SportsArt.in's Amusement Facilities.
- Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to www.SportsArt.in's Amusement Facilities by any means other than the User interface provided by SportsArt, 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 www.SportsArt.in's Amusement Facilities.
- Without limiting the foregoing, Users agree not to use www.SportsArt.in for any of the following:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- 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, www.SportsArt.in, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on SportsArt without the express written consent of www.SportsArt.in;
- To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- To advertise, offer or sell any goods or services for any commercial purpose on www.SportsArt.in without the express written consent of SportsArt
- To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- 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 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 www.SportsArt.in, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of www.SportsArt.in, 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 www.SportsArt.in or to manipulate User's presence on SportsArt(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.
- If a User chooses a username that, in www.SportsArt.in's considered opinion is obscene, indecent, abusive or that might subject SportsArt to public disparagement or scorn, www.SportsArt.in reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from www.SportsArt.in, deny such User access to www.SportsArt.in, or any combination of these options.
- Unauthorized access to www.SportsArt.in is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access SportsArt by any means other than through the interface that is provided by Www.SportsArt.in for use in accessing SportsArt. 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 www.SportsArt.in is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit www.SportsArt.in's right to comply with governmental, court, and law-enforcement requests or requirements relating to Users' use of www.SportsArt.in.
- Users may contact support@SportsArt.in with problems or questions, as appropriate.
- 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 www.SportsArt.in or the Amusement Facilities or inter alia, in the contest, uploading pictures, playing games or being part, directly or indirectly, of any activity on www.SportsArt.in. Entry to www.SportsArt.in without consent from parent/s or legal guardian and consequent participation in any activity on SportsArt Website is not permitted and such person is subject to disqualification at the sole and absolute discretion of www.SportsArt.in, whenever it comes to the knowledge of www.SportsArt.in.
- SportsArt believes 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.
- Although persons below the age of 18 years are allowed to use certain Amusement Facilities on the www.SportsArt.in with the consent of their parent/s or legal guardians, they may not (where expressly stated in the rules of the Contest) participate in Contest(s) hosted by www.SportsArt.in.
- www.SportsArt.in may not be held responsible for any content contributed by Users on the www.SportsArt.in.
- In order to register for the Contest(s), Participants are required to accurately provide the following information:
- Full Name
- E-mail address
- State of Residence
- Date of birth
- 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 Assam or Orissa, such Participant will not be permitted to proceed to sign up for any round 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.
8. Contest(s), Participation and Prizes
As part of its Amusement Facilities www.SportsArt.in may also conduct contest(s) on the www.SportsArt.in
Currently, SportsArt provides the following Amusement Facility of fantasy cricket game. Individual users wishing to participate in the Amusement Facilities ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers (as applicable) involved in the real-life cricket (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. www.SportsArt.in offers Participants fantasy game Contest(s) relating to Sport Event, and Participants can participate in such Contest(s) with their Teams. Teams are awarded points on the basis of the real-life cricketers' (as applicable) performances at the end of a designated match, round 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, www.SportsArt.in 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 round(s)of the Contests.
The Contest(s) across both Amusement Facilities shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
- "Fantasy Rules" available at How to Play - Fantasy Cricket 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 by www.SportsArt.in Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The Participant with the highest aggregate points at the end of the pre-determined round shall be eligible to win a pre-designated prize, as stated on the relevant Contest(s) page.
- A Participant may create different Teams for participation in Contest(s) offered in relation to a Sport Event across the Amusement Facilities. However, unless www.SportsArt.in 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 the case of a Multiple Entry Contest, a Participant may enter more than one Team in a single Multiple Entry Contest, however on submitting more than one Team for participation in a single Multiple Entry Contest, the Participant will not be permitted to edit or revise the Teams so submitted for participation in such Multiple Entry Contest. In addition, it is expressly clarified that SportsArt 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 Amusement Facilities) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by www.SportsArt.in in its sole discretion.
- www.SportsArt.in shall collect a pre-designated fee for access to the Amusement Facilities from each Participant in relation to the Contest(s). In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam or Orissa, such Participant will not be permitted to proceed to sign up for the round or league and may not participate in any paid version of the Contest(s).
9. Contest Formats
- www.SportsArt.in provides Contest(s). in two separate formats of Amusement Facilities, (1) as a public league where Users can participate in a Contest with other Users without any restriction on participation and (2) private leagues, where Users can invite specific Users into a Contest and restrict participation to such invited Users. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s).
- Public League
- In the Public League format of the Contest(s), www.SportsArt.in may offer the Contest(s) in leagues comprising of 2 Participants, 3 Participants, 5 Participants, 10 Participants, 100 Participants or any other pre-designated number of Participants.
- www.SportsArt.in may offer this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the round.
- 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 round, such Contest(s) will not be operational and the participation fee paid by each Participant shall be returned to the account of such User without any charge or deduction.
- In certain Contests across the Amusement Facilities, designated as "Confirmed Leagues", the Contest(s) shall become operational once the number of Participants in such Contest (s) equals 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 round to which the Contest (s) relates commences, whichever is earlier. In case such Contest(s) is not operational by the time of the commencement of the round, the participation fee paid by each Participant shall be returned to the account of such User without any charge or deduction.
- Private League
- In the Private League format of the Contest(s), www.SportsArt.in enables Users to create a league ("Private League") 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 League to consist of a pre-specified number of Participants, that is, consisting of either 2 Participants, 3 Participants, 5 Participants or 10 Participants. The User creating the Private League shall submit the participation fee for such Private League and thereby join that Private League, shall supply a name for the Private League and be provided with a unique identification code ("League Code") (which will be issued to the account of such User). The User agrees and understands that once the Private League is created no change shall be permitted in the terms or constitution of the Private League, except for a change in the name of the League.
- In order to participate in the Private League, an Invited User shall input the League Code associated with the Private League and submit the participation fee for the Private League. Once the number of Participants in a Private League equals the number of pre-specified Participants for that Private League, the Private League shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private League. In the event that any Private League does not contain the pre-specified number of Participants for that Private League within 1 hour prior to the commencement of the round/Contest, the league will get cancelled and the amount will get deposited in the SportsArt account.
- It is clarified that the participation of Invited Users in any Private League is subject to the pre-specified number of Participants for that Private League, and Www.SportsArt.in shall not be liable to any person for the inability of any Invited User to participate in any Private League 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).
10. Legality of Game of Skill
- Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
- By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
- The Contest(s) are open only to persons above the age of 18 years.
- The Contest(s) are open only to persons, currently residing in India.
- www.SportsArt.in may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam and Orissa may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
- Persons who wish to participate must have a valid email address.
- Only those Participants who have successfully registered on the SportsArt as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
12. Payment Terms
In respect of any transactions entered into on the www.SportsArt.in, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
- The payment Users make to participate in the Contest(s) is inclusive of the nominated fee for access to the Amusement Facilities charged by SportsArt. Subject to these Terms and Conditions, all other amounts collected from the User are held in escrow until determination of the Winners and distribution of prizes.
- www.SportsArt.in provides users with three categories of accounts for the processing and reconciliation of payments in relation to the Amusement Facilities: (i) 'Deposit' Account, (ii) Winnings Account, and (iii) Cash Bonus Account.
- The User's winnings in any Contest will reflect as credits to the User's Winnings Account. It is clarified that in no instance will www.SportsArt.in permit the transfer of any amounts in the User's accounts to any other category of account held by the user with SportsArt or any third-party account, including a bank account held by a third party.
- Users shall be required to remit the required amount to www.SportsArt.in through the designated payment gateway. The payment made shall be credited to the User's accounts and each time a User enters a round, the applicable amount towards participation in the round shall be debited from the User's account. In debiting amounts from the User's accounts towards the participation fee of such user in any round or Contest(s), SportsArt shall first debit the User's 'Deposit' Account, thereafter, any remaining amount of participation fee shall be debited from the User's Cash Bonus Account 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 round(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 participation fee, the amount in excess shall be transferred to the User's 'Deposit' Account and will be available for use in participation in any round(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions. Debits from the 'Deposit' Account 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 'Deposit' Account, and accordingly amounts credited into 'Deposit' Account earlier in time shall be debited first.
- A User shall not be permitted to withdraw any amounts credited into such User's 'Deposit' Account for any reason whatsoever. All amounts credited into a User's 'Deposit' Account must be utilized within 335 days of credit. In case any Deposit amount lies in the 'Deposit' Account after the completion of 335 days from the date of credit of such amount, Www.SportsArt.in reserves the right to forfeit such Deposit 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 www.SportsArt.in but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account. In either case, Www.SportsArt.in shall affect an online transfer to the User's bank account on record with SportsArt within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. www.SportsArt.in 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 Www.SportsArt.in. Users are requested to note that they will be required to provide valid PAN CARD in order for SportsArt to process the withdrawal request. The name mentioned on the User's PAN CARD correspond with the name provided by the User at the time of registration on Www.SportsArt.in, as well as the name and address existing in the records of the User's bank account as provided to www.SportsArt.in. In the event that no bank account has been registered by the User against such User's account with Www.SportsArt.in, or the User has not verified his/her User account with Www.SportsArt.in, to SportsArt’s satisfaction and in accordance with these Terms and Conditions, Www.SportsArt.in shall provide such User with a notification to the User's email address as on record with Www.SportsArt.in at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, www.SportsArt.in shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Www.SportsArt.in with a valid bank account or valid identification documents (to www.SportsArt.in's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- The Cash Bonus Account shall contain amounts gratuitously issued by www.SportsArt.in to the User for use in 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 Account. The usage of any amounts issued and present in the Cash Bonus Account shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such amount must be used, as applied by SportsArt and notified to the User at the time of issue of such amount. The issue of any amount to the Cash Bonus Account is subject to the sole discretion of www.SportsArt.in and cannot be demanded by any User as a matter of right. Users agree that once they confirm a transaction on www.SportsArt.in, they shall be bound by and make payment for that transaction.
- A transaction, once confirmed, is final and no cancellation is permissible. However, www.SportsArt.in may, at its sole and absolute discretion, permit a User to cancel a transaction and refund the amount paid:
If the User sends a written request to www.SportsArt.in from the registered email Id to cancel such payment; or.
13. Tabulation of fantasy points
www.SportsArt.in may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider comes to its attention, SportsArt shall use best efforts to rectify such error prior to the distribution of prizes. However, SportsArt 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 www.SportsArt.in in this respect.
14. Selection and Verification of Winners and Conditions relating to the Prizes
Winners will be decided on the basis of the scores of the Teams in a designated round (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 round shall be declared the Winner(s). In certain pre-specified Contests, Www.SportsArt.in 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 round 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.
SportsArt 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 www.SportsArt.in, Contest, "Fantasy Rules", etc.
Winners shall be contacted by www.SportsArt.in 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.
www.SportsArt.in 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 www.SportsArt.in. 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. www.SportsArt.in 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 www.SportsArt.in. 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 Www.SportsArt.in, such Participant may contact www.SportsArt.in within the time specified on the webpage.
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Www.SportsArt.in shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Www.SportsArt.in shall not entertain any claims or requests for extension of time for submission of documents. SportsArt 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 www.SportsArt.in 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 in Clause 10 above; or
- Any other ground.
- Taxes Payable
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable tax, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
The decision of www.SportsArt.in with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam or Orissa. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, SportsArt shall disqualify such Participant and forfeit any prize won by such Participant. Further www.SportsArt.in may, at its sole and absolute discretion, suspend or terminate such Participant's account with www.SportsArt.in. 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 www.SportsArt.in, 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), Www.SportsArt.in shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, www.SportsArt.in may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, www.SportsArt.in 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.
SportsArt may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against www.SportsArt.in or question its right to modify such prizes being offered, prior to closure of the Contest.
www.SportsArt.in will not bear any responsibility for the transportation or packaging of prizes to the respective winners. www.SportsArt.in 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.
Acceptance of a prize by the Winner constitutes permission for www.SportsArt.in, 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 Www.SportsArt.in without any charge. The exact dates remain the sole discretion of SportsArt Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
16. General Conditions
If it comes to the notice of www.SportsArt.in that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of SportsArt that conduct of any such Contest(s) is prohibited, then SportsArt 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 league it in any manner.
Employees, directors, affiliates, relatives and family members of www.SportsArt.in, will not be eligible to participate in any Contest(s).
17. Dispute and Dispute Resolution
- The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Amusement Facilities provided by www.SportsArt.in (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 www.SportsArt.in, 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 SportsArt from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard www.SportsArt.in'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 SportsArt to pursue any remedy for monetary damages through the arbitration described herein.
18. Release and Limitations of Liability
- Users shall access the Amusement Facilities provided on the www.SportsArt.in voluntarily and at their own risk. www.SportsArt.in 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 Amusement Facilities (including participation in the Contest(s)) or as a result of acceptance of any prize.
- By entering the www.SportsArt.in and accessing the Amusement Facilities provided therein, Users hereby release from and agree to indemnify SportsArt, 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 Amusement Facilities 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.
- www.SportsArt.in 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 Amusement Facilities by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Amusement Facilities, including provision of incorrect address or other personal details. Users also undertake to indemnify SportsArt com 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 www.SportsArt.in on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold www.SportsArt.in harmless from any third party/entity/organization claims arising from or related to such User's engagement with the www.SportsArt.in or participation in any Contest. In no event shall www.SportsArt.in be liable to any User for acts or omissions arising out of or related to User's engagement with the SportsArt or his/her participation in any Contest(s).
- In consideration of SportsArt allowing Users to access the Amusement Facilities hosted on the SportsArt, 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 www.SportsArt.in, 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 Amusement Facilities or related to the Contests or the prizes of the Contests.
- To the extent permitted under law, neither www.SportsArt.in 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, www.SportsArt.in shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, amusement facilities or sites, cancellation of competition and prizes. www.SportsArt.in disclaims any responsibility for, and if a User pays for access to one of SportsArt’s Amusement Facilities the User will not be entitled to a refund as a result of, any inaccessibility that is caused by SportsArt maintenance on the servers or the technology that underlies our sites, failures of SportsArt’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, www.SportsArt.in does not provide any warranty as to the content on the www.SportsArt.in(s). SportsArt (s) content is distributed on an "as is, as available" basis.
- Any material accessed, downloaded or otherwise obtained through www.SportsArt.in 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.
- www.SportsArt.in shall make best endeavors to ensure that the SportsArt (s) is error-free and secure, however, neither SportsArt nor any of its partners, licensors or associates makes any warranty that:
- the SportsArt (s) will meet Users' requirements,
- SportsArt (s) will be uninterrupted, timely, secure, or error free
- the results that may be obtained from the use of SportsArt (s) will be accurate or reliable; and
- the quality of any products, amusement facilities, information, or other material that Users purchase or obtain through SportsArt (s) will meet Users' expectations.
- In case www.SportsArt.in discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, www.SportsArt.in 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, Www.SportsArt.in 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 www.SportsArt.in 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 Amusement Facilities, events or Contest(s) being hosted or provided, or intended to be hosted or provided by www.SportsArt.in 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 Amusement Facilities, 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.
- www.SportsArt.in 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 SportsArt posting them on the SportsArt 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 SportsArt. If they do not provide Www.SportsArt.in with accurate information, SportsArt cannot be held liable for failure to notify the User.
- www.SportsArt.in 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 SportsArt 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, www.SportsArt.in shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
- www.SportsArt.in'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 SportsArt 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 www.SportsArt.in Gaming Private Limited and govern your use of the SportsArt, superseding any prior agreements that any User may have with Mentobile Technology LLP.
- 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.
- www.SportsArt.in reserves the right to moderate, restrict or ban the use of the SportsArt, specifically to any User, or generally, in accordance with SportsArt policy/policies from time to time, at its sole and absolute discretion and without any notice.
- www.SportsArt.in may, at its sole and absolute discretion, permanently close or temporarily suspend any Amusement Facilities (including any Contest(s)).
21. Standard Terms and Conditions of Promotions
These standard terms and conditions of promotions (“Standard Terms”) supplement the terms of promotions undertaken on the www.SportsArt.in website and which reference these Standard Terms (each a “Promotion”):
- The Promotions are only open to users in India. Participation in the Promotions by proxy is not permitted.
- Participation in the Promotions is voluntary.
- Participation in one Promotion does not guarantee that such user will be eligible to participate in another Promotion.
- A user may participate in a Promotion and avail of each Promotion only through one account. An existing user of SportsArt shall not register a new account or operate more than one user account with SportsArt or participate in a Promotion by registering a new account.
- Users intending to participate in a Promotion may be required to verify their mobile number and other account details in accordance with the Promotion Terms for such Promotion.
- Persons intending to participate in a Promotion, who have listed their phone numbers on the National Do Not Call Registry (“NDNC Registry”), shall de-register themselves from the NDNC Registry till the completion of such Promotion (including the delivery of Bonus Amount (if any) or the free-entry (if any) under such Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against Www.SportsArt.in in this respect. Please note that persons intending to participate in a Promotion who have not de-registered themselves from the NDNC Registry shall also have no right to make any claim or raise any complaints against www.SportsArt.in if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.
- www.SportsArt.in may, at its sole and absolute discretion, disqualify any user from a Promotion if such user engages in or it is found that such user has engaged in any illegal, unlawful or improper conduct (with regard to any of the Promotions or otherwise).
- The Bonus Amount (if any) deposited into the user’s account can be used to join paid leagues and contests on www.SportsArt.in. However, the Bonus Amount (if any) cannot be: (i) used to join 2-member leagues; or (ii) withdrawn or transferred to any other cash balance account held by you with SportsArt or to any third-party account or to any bank/payment instrument account. THE BONUS AMOUNT (IF ANY) SHALL 22.
- Standard Terms and Conditions of "Cashback Promotion"
- This “Cashback Promotion” (“Promotion"), is open for participation to existing users of SportsArt who have not previously participated in a pay-to-play league on Www.SportsArt.in. Users are required to make a deposit and participate in their first pay-to-play cricket league on www.SportsArt.in through either (i) the www.SportsArt.in mobile website or (ii) the ‘Pro’ version of www.SportsArt.in’s mobile application for iOS and/or Android mobile devices, (collectively, the “Designated Platforms”), to be eligible to receive a Bonus Amount credited into their Cash Bonus Account, subject to these Terms.
- Please note our terms and conditions (“Terms”) in this respect, as they govern your participation in the Promotion:
- Eligibility – Participation in the Promotion is only available to users who are not existing users of www.SportsArt.in, and who are eligible to participate in the pay-to play Www.SportsArt.in fantasy games (as per www.SportsArt.in’s terms and condition (accessible here). Participation in the promotion is only open to a user who has received a banner concerning the Promotion from Www.SportsArt.in (“Promotion Banner”) while visiting the www.SportsArt.in mobile website (“www.SportsArt.in Mobile Website”). An ‘existing user of SportsArt’ shall mean a user who presently operates an account with the Www.SportsArt.in or operated an account with SportsArt at any point of time.
- By participating in the Promotion, you agree to comply with these Terms, the Standard Terms and Conditions for Promotions and the terms and conditions of the SportsArt game (accessible here).
- The Promotion will be open for participation for such time periods as may be published from time to time on the SportsArt Mobile Website (each a “Promotion Period”).
- To participate in the Promotion, you must, during the Promotion Period and before the expiry of the Promotion Period register and create an account with SportsArt through the Www.SportsArt.in Mobile Website and participate in the First Game (defined below) before the expiry of the applicable Promotion Period. The Promotion is available only respect of the first pay-to-play www.SportsArt.in fantasy cricket league that the participating user, who is not an existing user of www.SportsArt.in, participates in through the www.SportsArt.in Mobile Website after the registration of such user’s account with Www.SportsArt.in (“First Game”). Upon joining the First Game, you will receive an email on your email address as registered with your SportsArt account, which email will summarize the terms and mechanics of the Promotion.
- After the completion of your participation in the First Game and in the event that your winnings (if any) from the First Game are less than the entry fees paid by you to enter the First Game, you shall be eligible to receive a cash bonus equal to the entry fee paid by you for participation in the First Game after deduction of any winnings received by you pursuant to your participation in the First Game (“Bonus Amount”). The maximum Bonus Amount creditable under this Promotion shall be an amount of Rs. 50. A user shall be eligible to receive the Bonus Amount only in case the difference between the entry fees paid by the user for such user’s participation in the First Game and the winnings (if any) received by the user from such First Game is a positive figure.
- A participating user is required to pay the entire entry fee for the First Game from such user’s “Deposit” account to be eligible to receive the Bonus Amount. In the event that a user pays the entry fee for the First Game, either in whole or in part, by using any amounts deposited in such user’s Cash Bonus Account, such user will not be eligible to receive the Bonus Amount.
- It is clarified that a participating user shall not be eligible to receive any Bonus Amount for:
(i) any non-cricket pay-to-play www.SportsArt.in league in which such user participates;
(ii) any pay-to-play SportsArt league in which such user participates through platforms other than the SportsArt Mobile Website;
(iii) any pay-to-play SportsArt league in which such user participates after the First Game or after the applicable Promotion Period;
(iv) any private pay-to-play SportsArt league in which such user participates;
(v) any pay-to-play SportsArt league in which such user participates and which remains unfilled prior to the commencement of the match to which it relates;
(vi) any pay-to-play SportsArt league in which such user participates and which is cancelled by www.SportsArt.in due to the match to which it relates being abandoned.
- The selection of recipients of the Promotion Banner shall be as per www.SportsArt.in’s discretion and determination, and no person shall claim or demand a Promotion Banner or seek participation in the Promotion as a matter of right.