“Sabsebadakhiladi.com” (hereinafter referred to as SBK) is a brand/ website owned and operated by Sabse Bada Khiladi Fantasy Pvt. Ltd.. Through SBK(inclusive of all its subpages & mobile site), and SBK iOS and Android App, Apks, widgets, SBK operates sport based portals of online fantasy games for sports like cricket SBK as used herein above shall be interpreted as a collective reference to the primary domain/ websites, sub-domains, Apps (both iOS and android), APKs, mobile sites, APIs, and so on.
“User”, “You” and “Your” means the person using, browsing or otherwise accessing any content or data on SBK, including any sub-domains of the Website, or related top-level domains including mobile sites, apps(both iOS and Android), APIs and widgets (togetherSBK).
2. USING SBK
Certain SBK services being provided on SBK 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.
SBK may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User’s access to all or any part of SBK or SBK Services;
- Change, suspend, or discontinue all or any part of the SBK Services;o Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on SBK; Deactivate or delete a User’s account and all related information and files on the account;
- Establish general practices and limits concerning use of SBK Platform;
- Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
- Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or SBK reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used SBK or the SBK Services, SBK may, at its sole and absolute discretion, and without any notice to the User, suspend or terminate such User’s access to all or any part of SBK’s Contests or the SBK’s Platform, deactivate or delete the User’s account and all related information on the said account, delete any content posted by the User on SBK and further, take necessary technical and legal steps as it deems fit & necessary.
You also acknowledge and agree that by using SBK, You agree to be bound by the “Rules, Scoring and Payout” of each contest.
Your use of information on our site including results, fixture lists, statistics, data and news posted on SBK is at Your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, We make no warranty as to the accuracy or reliability of the information contained on Our Websites or in Our publications (including, but not limited to, any content or information generated on Our Websites by or on behalf of Us, and any Third Party Content on Our Websites). SBK and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from SBK or its publications.
If SBK charges its Users a platform fee in respect of any SBK Services, SBK shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or SBK Services on account of any negligence or deficiency on the part of SBK, but not if such suspension or removal is effected due to:any breach or inadequate performance by the User of any of these Terms and Conditions; or
Any circumstances beyond the reasonable control of SBK.
Users consent to receiving communications such as announcements, administrative messages and advertisements from SBK or any of its partners, licensors or associates.
3. INTELLECTUAL PROPERTY
SBK includes a combination of content created by SBK, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights“) in all software underlying SBK and the SBK Platform and material published on SBK, 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 SBK, 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 SBK either in whole or in part without express written license from SBK.
Users may request permission to use any SBK content by contacting SBK.
Users hereby grant to SBK 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 SBK
- 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 SBK(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 SBK.
4. MEMBER REGISTRATION
In order to register for the Contest(s), Participants are required to accurately provide the following information:
- Full Name
- Team Name(s)
- E-mail address
- State of Residence
- Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
If User wishes to become a registered member of SBK, he/ she will need to apply for a member account (Account). Each member is only permitted to open one account. SBK reserves the right to close any duplicate accounts. All money held in duplicate account(s) will be forfeited. In order to apply for an Account, You must complete all details in accordance with the instructions on SBK.
Upon grant of the Account by SBK, User’s Account will be created and he will be able to use SBK and play the contest(s) with SBK. SBK may refuse to grant an application for an Account made by any person without giving a reason for such refusal.
The User continuously represents and warrants to SBK that persons accessing his Account are authorized to do so. The User is not authorized to enter contests on SBK or otherwise until he has been granted an Account.
The User must be over 18 years of age and a resident of India to play on SBK.
SBK may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha and Telangana 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 SBK 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.
The User will also be required to verify any credit card / bank account he uses to deposit funds, and also any bank account he wants to withdraw to. Identification documents like PAN, UIDAI Aadhaar Card, and other documentsmay/ shall be required by SBK for proper validation of the user’s account.
By accepting these terms and conditions upon registration the User gives consent for SBK to disclose User’s name, residential address and date of birth to a third party agency to assist in verifying his identity. The third party agency may prepare and provide SBK with such an assessment and may use User’s personal information including the names, residential addresses and dates of birth for the purposes of preparing such an assessment.
Access to User’s Account and to add to, delete or modify content on User’s account, is password protected. User must memorize his password or store his password in a safe and secure place. User agrees that he will not disclose his password to anyone or allow any other person to access or use User’s Account.
User should check the <“Transaction”> tab of <“Account Balance”> section of his SBK account often to ensure there has been no unauthorized use of his account. If the user suspects any unauthorized activity, he must change his password immediately and contact <add customer care address>
7. USER CONDUCT
- Restricting, suspending, or terminating any User’s access to all or any part of SBK Services;
- Deactivating or deleting a User’s account and all related information and files on the account.
- Cancellation of award/ 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 SBK). Users further agree to update and keep updated their registration information.
A User shall not register or operate more than one User account with SBK.
Users agree to ensure that they can receive all communication from SBK by marking e-mails or SMSs from SBK as “Safe sender”. SBK shall not be held liable if any e-mail/SMS remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
Password for User’s SBK account 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 SBK 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. SBK shall not be responsible for any loss or damage that may result if the User fails to comply with the aforementioned requirements.
Users not allowed to use cheats, exploits, automation, software, bots, hacks or any unauthorized third party software designed to modify or interfere with SBK Services and/or SBK 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 SBK or SBK’s Services.
Users agree that without SBK’s express written consent, they shall not modify or cause to be modified any files or software that are part of SBK’s Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support SBK or the SBK’s Services (each a “Server”); or (2) the enjoyment of SBK Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, spyware, rogue-ware, denial of service, or other attempts to disrupt SBK Services or any other person’s use of SBK Services.
Without limiting the foregoing, Users agree not to use SBK 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, SBK, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on SBK without the express written consent of SBK;
- 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 collect or store personal information about other Users;
- To interfere with or disrupt SBK, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of SBK, 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 SBK or to manipulate User’s presence on SBK(s);
- 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 SBK’s considered opinion is obscene, indecent, abusive or that might subject SBK to public disparagement or disrespect, SBK reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from SBK, deny such User access to SBK, or any combination of these options.
Unauthorized access to SBK is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access SBK by any means other than through the interface that is provided by SBK for use in accessing SBK. 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 SBK is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit SBK’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of SBK.
Users may reach out to SBK through –
- firstname.lastname@example.org if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest..
SBK may not be held responsible for any content contributed by Users on the SBK.
8. CONDITIONS OF PARTICIPATION
By entering a Contest, user agrees to be bound by these Terms and the decisions of SBK. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
- Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by SBK to enter a contest and/or claim a prize/winning.;
- Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
- Colluding with any other user(s) or engaging in any type of syndicate play;
- Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
- Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
- Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
- Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
- Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to SBK Users, sending unwarranted email content either to selected Users or in bulk); or
- Abusing SBK in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, SBK reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
9. CONTEST(S), PARTICIPATION AND PRIZES
As part of its services, SBK may make available the contest(s) on the SBK platform.
Currently, following contests are made available on SBK platform: A fantasy cricket game. Individual users wishing to participate in the such contest (“Participants/ Users”) are invited to create their own fantasy teams (“Team/s”) consisting of real life cricketers, (as applicable) involved in the real-life cricket match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. SBK offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below.
SBK reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond SBK’s reasonable control, including but not limited to the ones’ mentioned herein below:
Actual match start time is before the official deadline:
All sports other than Cricket-
SBK reserves the right to adjust the deadline to a maximum of 10 minutes (maximum) post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
SBK reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
In cases where official match time cannot be verified by SBK through reliable and/or publicly available sources, SBK reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
Actual match start time is after the official deadline:
SBK reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weathers, non-appearance of teams, technical/equipment glitches causing delays etc.
SBK shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
Teams are awarded points on the basis of the real life cricketers (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners (“Winners”). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team’s aggregate score at the end of the designated match(s) of the Contests.
The Contest(s) across the SBK Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
“Fantasy Rules” available at How To Play
Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
Currently, there are paid versions of the Contest(s) made available on SBK platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing SBK services and pre-determined participant’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the SBK Services. However, unless SBK specifies otherwise in relation to any Contest (“Multiple Entry Contest”), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that SBK may, from time to time, restrict the maximum number of Teams that may be created by a single User account (for each format of the contest) or which a single User account may enter in a particular Multiple Entry Contest, in each case to such number as determined by SBK in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the SBK platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
10. SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS RELATING TO THE PRIZES
SELECTION OF WINNERS –
Winners will be decided on the basis of the scores of the Teams in a designated round 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) except in sleeping 11 contests where Teams(s) with lowest aggregate score shall be declared the Winners(s) .In certain pre-specified Contests, SBK 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. SBK 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.sabsebadakhiladi.com Contest, “Fantasy Rules”, etc.
Winners shall be contacted by SBK 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 Member’s PAN card;
- Photocopy of a government-issued residence proof;
- Member’s bank account details and proof of the same.
SBK 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 SBK. The Member 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. SBK 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.
In the event that a Participant has been declared a Winner but has not received any communication from SBK, such Participant may contact SBK within the time specified on SBK.
SBK 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 SBK 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; 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 SBK with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states – Assam, Odisha and Telangana.<add others if any> If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, SBK shall disqualify such Participant and forfeit any prize won by such Participant. Further SBK may, at its sole and absolute discretion, suspend or terminate such Participant’s account with www.sabsebadakhiladi.com Any amount remaining unused in the Member’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the Member by an online transfer to the Member’s bank account on record with SBK, 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), SBK shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, SBK may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
To the extent permitted by law, SBK 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.
SBK may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against SBK or question its right to modify such prizes being offered, prior to closure of the Contest.
SBK will not bear any responsibility for the transportation or packaging of prizes to the respective winners. SBK 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.
TIED CONTEST ENTRANT SCORES
Where there are two or more winning entries on the same ranking, they share equally the prize payouts that would have applied to them had they been consecutively, and not equally, ranked.
SETTLEMENT OF A CONTEST
Contest settlement will happen within 24 hours of the conclusion of the final real-game fixture of a contest.
Where an actual real-life game fixture which forms part of a contest is cancelled all entries on any contest which involves that real-life game fixture will be cancelled and monies refunded to the relevant SBK member accounts.
If, for any reason, a contest is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other causes beyond the control of www.sabsebadakhiladi.com , which corrupt or affect the administration, security, integrity or proper conduct of a contest, SBK reserves the right in its sole discretion to take any action that may be available, subject to any applicable laws, including cancelling all entries on the contest and refunding monies.
12. MANAGEMENT OF BALANCES FROM ABANDONED ACCOUNTS
www.sabsebadakhiladi.com shall consider an account abandoned after one year consecutive years of no deposits, withdrawals or any contest activity.
Once an account is deemed Abandoned, should there be a credit balance SBK will attempt to contact the member through all available contact channels to organize withdrawal of the balance. Should all avenues be exhausted, such SBK member(s) will stand to forfeit any balances.
13. MANAGEMENT OF BALANCES FROM FROZEN ACCOUNTS
Where and when permitted by Law, SBK will contact members with Frozen SBK Accounts to organize withdrawal/return of any credit balance in their SBK account.
14. Payment Terms
In respect of any transactions entered into, on the platform provided by SBK, which is includes payment to participate in the paid versions of Contest(s), Participants / Users agree to be bound by the following payment terms:
- The payment of the predesignated/ calculated amount participants/ users make to participate in the Contest(s) is inclusive of the platform fee for access to the SBK Services charged by SBK and the participant’s contribution towards prize money pool.
- Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning Escrow Account with a Trustee, which is responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes. Disbursement and other distributions are controlled by the trustee. SBK receives only its share of the platform Fees through the said Escrow Agent and has no control over the User Funds held by the Escrow Agent in a dedicated non-interest earning Escrow Account.
- That, SBK reserves it’s right to charge a Platform Fee, which would be specified and notified prior to the contest by SBK on the Contest page, being created on the SBK platform. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and SBK shall issue / correspond an invoice for such debit to the User.
- SBK has no right or interest in any prize money pool, and only acts as an intermediate engaged in collecting and distribution the prize moneypool in accordance with the terms and conditions of the contest(s). The Participants/ User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.
- Any user availing services on the platform provided by SBK are provided with two categories of accounts for the processing and reconciliation of payments:
i) Unutilized Account,
ii) Winnings Account.
It is clarified that in no instance the transfer of any amounts in the User’s accounts to any other category of account held by the user or any third-party account, including a bank account held by a third party:User’s winnings in any Contest will reflect as credits to the User’s Winnings Account.
User’s remitting the amount the designated payment gateway shall be credited to User’s Unutlized Account’.
Each time a User participates in any contest on the SBK platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized 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 match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions.
Debits from the ‘Unutilized’ 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 ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
A User shall be permitted to withdraw any amounts credited into such User’s ‘Unutilized’ Account for any reason whatsoever by contacting SBK Customer Support. All amounts credited into a User’s ‘Unutilized’ Account must be utilised within 300 days of credit. In case any unutilised amount lies in the ‘Unutilized’ Account after the completion of 300 days from the date of credit of such amount, SBK reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made by way of a request to SBK but shall occur automatically upon completion of 300 days from the date of credit of such amount in the User’s Winnings Account. In either case, SBK shall initiate an online transfer to the User’s bank account on record with SBK within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings Account.SBK 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 SBK. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for SBK to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on SBK, as well as the name and address existing in the records of the User’s bank account as provided to SBK. In the event that no bank account has been registered by the User against such User’s account with SBK, or the User has not verified his/her User account with SBK, to SBK’s satisfaction and in accordance with these Terms and Conditions, SBK shall provide such User with a notification to the User’s email address as on record with SBK 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, SBK shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date.
Failure to provide SBK with a valid bank account or valid identification documents (to SBK’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- Further, in order to conduct promotional activities, SBK may gratuitously issue Bonus points (Called as Cash Bonus) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by SBK and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of SBK and cannot be demanded by any User as a matter of right. The issue of any such amount by SBK on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by SBK to such User.
- The bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s).
- In case the User terminates his/her account with SBK or such account if terminated by SBK, all bonus points granted to the user shall return to SBK and the User shall not have any right or interest on such points.
- All cash bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The cash bonus shall lapse at the end of 14 days and the cash bonus amount shall not reflect in the User account
- Users agree that once they confirm a transaction on SBK, they shall be bound by and make payment for that transaction.Ø The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that SBK has on third parties, any transactions on SBK Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Similarly, the utilization of the bonus points or money debited from ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against SBK in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User’s accounts.
- A transaction, once confirmed, is final and no cancellation is permissible. SBK may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
15. REFUND POLICY
A transaction, once confirmed, is final and no cancellation is permissible. However, SBK may, at its sole and absolute discretion, permit a Member to cancel a transaction and refund the amount paid: If the Member sends a written request to SBK from the registered email Id to cancel such payment; or If the payment is made for participation in the paid version(s) of the Contest(s), the cancellation request must be received at least 2 days prior to the commencement of the round in respect of which the payment is made; SBK shall not be liable to refund any amount thereafter. SBK may, at its sole and absolute discretion, refund the amount to the Member after deducting applicable cancellation charges and taxes.
However, if in a transaction performed by you on the SBK Platform, money has been charged to your card or bank account and respective amount is not added in your SBK account within 24 hours of the completion of the transaction, then you shall inform us by sending an e-mail to email@example.com from your registered e-mail address. Please include in the e-mail the following details – the mobile number, transaction value, transaction date and transaction id. SBK will investigate the incident and, if it is found that money was indeed charged to your card or bank account without delivery of the balance in your SBK account, then you will be refunded the money within 7 working days from the date of receipt of your e mail. All refunds will be credited to your SBK account.
16. THIRD PARTY CONTENT
Our Websites contain content provided to Us by other parties (Third Party Content). This includes the information relating to sport, fantasy sport, player news and player stats. We are not responsible for, do not endorse and make no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent Our views. You rely on Third Party Content completely at Your own risk.
17. LEGALITY OF GAME OF SKILL
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the SBK Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket statistics, knowledge of players’ relative form, players’ performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
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.
SBK may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Assam, Odisha, Sikkim, Nagaland or Telangana < add others if any> 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.
SBK may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the SBK as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
19. GENERAL CONDITIONS
If it comes to the notice of SBK that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of SBK that conduct of any such Contest(s) is prohibited, then SBK shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees, directors, affiliates, relatives and family members of SBK, will not be eligible to participate in any Contest(s).
20. LAW AND JURISDICTION
These Terms, and the agreement of which they form part, are governed by the laws of the Republic of India. The courts of competent jurisdiction at Indore, Madhya Pradesh, shall have exclusive jurisdiction. The place of arbitration shall be Indore, Madhya Pradesh, India.
21. DISPUTE AND DISPUTE RESOLUTION
The courts of competent jurisdiction at Indore(MP) shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the SBK Services provided by SBK (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 SBK, 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 (“Notice”) to the other party. On receipt of the said notice, 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 the aforementioned Notice, the dispute shall be settled by arbitration.
The place of arbitration shall be Indore, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the (Indian) Arbitration and Conciliation Act, 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 SBK from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard SBK’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 SBK to pursue any remedy for monetary damages through the arbitration described herein.
22. LIMITATION OF LIABILITY
You agree that, to the maximum extent permitted by law, We are not liable to You or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
i) The use of SBK;
ii) Any Content You upload or otherwise provide;
iii) The use by SBK (of) information provided by You to SBK through Our Websites/ apps;
iv) Being unable to access Our Websites for whatever reason and however arising, including (without limitation) negligence;
v) The failure of Our Websites for whatever reason and however arising including (without limitation) negligence;
vi) The use of Your password by You or any third party to whom You have made the password available.
We expressly limit, and You agree, Our liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the supply of the services again or the payment of the cost of having the services supplied again (the choice of which is to be at Our sole discretion).
You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to:
- Your breach or non-observance of any of these Terms;
- Any Content You upload or otherwise provide;
- Any breach or inaccuracy in any representations or warranties made to Us; and/or
- Any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
To the extent permitted under law, neither SBK 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, SBK shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, SBK services or sites, cancellation of competition and prizes. SBK disclaims any responsibility for, and if a User pays for access to one of SBK’s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by SBK’s maintenance on the servers or the technology that underlies our sites, failures of SBK’s service providers (including telecommunications, hosting, and power providers), computer viruses/ malwares/ spywares, 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, SBK does not provide any warranty as to the content on the SBK(s). SBK(s) content is distributed on an “as is, as available” basis.
Any material accessed, downloaded or otherwise obtained through SBK 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.
SBK shall make best endeavours to ensure that the SBK(s) is error-free and secure, however, neither SBK nor any of its partners, licensors or associates makes any warranty that:
- The SBK(s) will meet Users’ requirements,
- SBK(s) will be uninterrupted, timely, secure, or error free
- The results that may be obtained from the use of SBK(s) will be accurate or reliable; and
- The quality of any products, SBK Services, information, or other material that Users purchase or obtain through SBKcom(s) will meet Users’ expectations.
In case SBK discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, SBK 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, SBK 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 SBK 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 SBK Services, events or Contest(s) being hosted or provided, or intended to be hosted on SBK platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant SBK Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
The services and Features offered by SBK are a comprehensive mix of skills and understanding of the game. By no manner does SBK promote, encourage or support gambling or betting in any manner nor is the platform made to lay a wager. The Platform that SBK provides is meant for participants to exercise their knowledge and skills. A game of skill is a game where the outcome is determined mainly by mental or knowledge based skill, rather than chance The individuals in game of skills use their skills, knowledge, training and attention for participation and winning.
Fantasy sports are considered to be a legal practice around the world with certain states being an exception. The fantasy sports are entirely based on the concept of Game of Skills, wherein the users form their own teams and are allocated points on the basis of on-field performance of their chosen players. To ensure that the playing firld is levelled for all participants, SBK provides all the participants with 100 points for setting up their teams. Data and player index are also provided to all participants to ensure an equal understating of the players and the conditions.
SBK is completely legal as it offers services, Features, Program(s) and Contest(s) related to fantasy Sports. The platform services, contests and programs related to fantasy sports offered by SBK enables its users/ Participants to create their own team of playing XI prior the match begins and then the teams are awarded points on the basis of the real life performance of the players chosen by the users in their playing XI. The individual whose team scores the highest aggregate of points is announced as the winners. The Team formation by the participants/users of SBK is entirely dependent on the skills, knowledge and attention of the users coupled with data provided by SBK on real life past performances of the players which makes the fantasy sports offered at SBK a game of skills and 100% legal.
25. ALIGNMENT WITH THE INDIAN LAWS
Fantasy Sports based on the skills are considered to be legal all over India expect certain states such as Assam, Odisha, Telangana and Nagaland. The Public Gambling Act, 1867 (“PGA, 1867”) is recognized as the primary legality driving the prevalence of gambling in India.
The PGA defines the act of “public gambling” and keeping of a common gaming house as a criminal and punishable act in India. However, the fantasy sports games are considered to be an exception under the PGA wherein the provisions and punishments of PGA shall not be applicable to games played by the user using their skills and knowledge as primary tools.
SBK may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledges and gives consent that such notices will be effective upon SBK posting them on the SBK 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 SBK. If they do not provide SBK with accurate information, SBK cannot be held liable for failure to notify the User.
SBK 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 SBK’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket match to which a Contest relates. In such circumstances, SBK shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
SBK’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 SBK or these Terms must be filed within 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 Sabse Bada Khiladi Fantasy Private Limited and govern your use of the SBK, superseding any prior agreements that any User may have with Sabse Bada Khiladi Fantasy Private Limited .
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
SBK reserves the right to moderate, restrict or ban the use of the SBK, specifically to any User, or generally, in accordance with SBK’s policy/ policies from time to time, at its sole and absolute discretion and without any notice.
SBK may, at its sole and absolute discretion, permanently close or temporarily suspend any SBK Services (including any Contest(s)).
Standard Terms and Conditions of Promotions
These standard terms and conditions of promotions (“Standard Terms”) supplement the terms of promotions undertaken on the SBK 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 SBK shall not register a new account or operate more than one user account with SBK 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 SBK 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 SBK if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.
- SBK 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 cash contests and contests on SBK. However, the Bonus Amount (if any) cannot be: (i) used to join 2-member contests; or (ii) withdrawn or transferred to any other cash balance account held by you with SBK or to any third party account or to any bank/payment instrument account. THE BONUS AMOUNT (IF ANY) SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FOURTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT (IF ANY).
- The deposit of the Bonus Amount (if applicable) or the grant of the free-entry (if any) shall be at the sole discretion of SBK and shall be subject to the user’s compliance with these Standard Terms and the applicable Promotion Terms. SBK may substitute or change the Bonus Amount(if any) or free-entry (if any) offered under a Promotion at any time without notice. Users may not substitute Bonus Amount (if any) or free-entry (if any) for other items or exchange for cash.
- SBK reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry or Bonus Amount due to a participant or any prizes/winnings earned by the participant by using such benefits) in the event that it determines or reasonably believes that the participating user has violated these Standard Terms, the applicable Promotion Terms or the terms and conditions of the SBK fantasy game(s).
- Mere participation in a Promotion does not entitle the participant to receive any free-entry or Bonus Amount(s) indicated as a prize under such Promotion.
- The decision of SBK will be final and binding with respect to the Promotions, and the prizes therein and no correspondence, objection, complaints, etc. will be entertained in this regard.
- Each Promotion cannot be clubbed with any of other contest/offer/promotion that are running simultaneously and organised or conducted by SBK.
- SBK reserves the right to change/modify/or withdraw any of the Promotions and/or change these Standard Terms and/or the Promotion Terms without any prior notice of the same at its sole discretion.
- SBK does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants of the Promotions.
- Notwithstanding anything contained herein, the aggregate liability of SBK to a participating user in relation to any Promotion for any reason whatsoever shall not exceed Rs. 50.
- The Promotions shall be governed by the laws of the Republic of India, and any disputes or disagreements in respect of this Promotion shall be subject to the exclusive jurisdiction of the courts of Indore.