Terms & ConditionCricBattle Fantasy Sports

 
Terms & Condition
Last Update: July 01, 2017
  • Company
    • CricBattle.com is offered and run by CricBattle Inc. ('the Company').
  • Use of Cricbattle.com
    • Any person utilizing cricbattle.com or the CricBattle App (User) including participation in the various contests and, games (including fantasy games), being conducted on cricbattle.com (Contest(s)) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by CricBattle
    • Please read these terms and conditions of use carefully before using CricBattle.com (the "Site"). Your access to and use of the Site is subject to the following terms and conditions (including the Privacy Policy of the Site) and all applicable laws. By accessing and using this site, CricBattle’s mobile app or any of its sub-domains, you signify your assent to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Site, because by using the Site you will be deemed to have irrevocably agreed to these Terms of Use.
    • Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting and you agree that no liability shall attach to the Company and that you have no right to claim any compensation as a result thereof.. Any such changes or additions will be reflected by an update of this posting. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these terms (including the Privacy Policy) will mean you accept those changes.
    • CricBattle may, at its sole and absolute discretion:
      • Restrict, suspend, or terminate any Users access to all or any part of CricBattle.com;
      • Reject, move, or remove any material that may be submitted by a User;
      • Move or remove any content that is available on CricBattle.com;
      • Deactivate or delete a Users account and all related information and files on the account;
      • Establish general practices and limits concerning use of CricBattle.com.
      • 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 CricBattle reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used CricBattle.com, CricBattle may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such Users access to all or any part of CricBattle.com, deactivate or delete the Users account and all related information on the account, delete any content posted by the User on CricBattle.com and further, take technical and legal steps as it deems necessary.
    • Users consent to receiving communications such as announcements, administrative messages and fantasy game updates from CricBattle or any of its partners, licensors or associates.
  • Contest(s)
    • Through the Website and the App, the Company offers Users sports-based online fantasy games (Contests).
    • Users wishing to participate in Games ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life sport players (such as cricketers for cricket, footballers for football) involved in a real-life match, series or tournament (each a Sporting Event”) to which the fantasy game relates.
    • CricBattle offers users fantasy games (Contests) relating to each Sporting Event, and Participants can participate in such game(s) with their Teams. Teams are awarded points on the basis of the real life cricketers performances at the end of a designated match, round or tournament. The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Sporting Event(s) shall be declared winners ("Winners").
    • Currently, CricBattle provides contests for Cricket, Football & Kabaddi: 1) A fantasy cricket game and 2) A fantasy football game 3 )A fantasy kabaddi game. Individual users wishing to participate in the Contests ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers or real life footballers (as applicable) involved in the real-life cricket/football match (as applicable), series or tournament (each a Sport Event) to which the fantasy game relates. CricBattle offers Participants fantasy game Contest(s) relating to each 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’ or real life footballers’ (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, CricBattle 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 Cricket Fantasy Games and Football Fantasy Games, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by: "Fantasy Rules" available at How to Play section.
    • Free contests: CricBattle offers promotional free contests where no purchase of any goods or services is necessary to play in the contests. All users can play the contest for FREE, and may be eligible to win prizes.
    • Paid contests: 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.
  • Contests is Game of Skill
    • You acknowledge, agree and confirm that the Games described in section 3 above are games of skill as the success of Participants in such games depends primarily on their relative knowledge of
      • The game of cricket;
      • Cricket statistics;
      • The performance of players in in a particular territory, conditions and/or format (such as ODIs, test cricket, T20 or T20 Internationals for Cricket sport);
      • Attention and dedication towards the Game(s); and
      • Adroitness in playing the Game (s).
    • The Game(s) also requires Participants to field well-balanced sides with limited resources and, in some cases, make substitutions at appropriate times to gain the maximum points.
    • Users are required to first assess the relative worth of each sport player in light of the scoring criteria used by CricBattle and make theoretical evaluation of the sport players prospective accumulated statistics over the course of the round at the time of drafting a fantasy team.
    • Here, the team owner must study the CricBattle rules and make evaluations of the cricketer's/footballers’ strengths and weaknesses based on these rules. The user is in possession of a great deal of knowledge which he must apply to judge the likely performance of each of his team players in upcoming matches, and further the user is required to invest time and effort in analyzing and tracking the performance of his team players and other eligible plahyers.
  • Legality of Game of Skill
    • India: 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.
    • USA & Canada:
      • All our fantasy sports games, including the paid formats of such fantasy sports games, are carefully designed to comply with applicable statutes and regulations in the US and Canada
      • The principal federal statute in the US that deals with online fantasy sports is the Unlawful Internet Gambling Enforcement Act, 2006. This Act specifically accords legal validity and a safe harbor to online fantasy sports games in which, among other features, the outcome is determined predominantly by skill of participants. Similarly, the Criminal Code of Canada exempts skill-based games from the purview of the prohibition on gambling, and thereby accords legality to skill-based fantasy sports games. We have structured our fantasy sports games in compliance with these laws, with winning outcomes being predominantly determined by the skill and knowledge of our participants while also satisfying the other requirements of the Unlawful Internet Gambling Enforcement Act, 2006 and the Criminal Code of Canada.
      • Certain US states and provinces of Canada have region specific statutes that are currently unclear with respect to the status of fantasy games with paid-entry. In the interests of abundant caution and on advice from our lawyers, we do not offer paid-entry to users of our fantasy sports games who are residents of the US states of Arizona, Iowa, Louisiana, Montana or Washington, or the Canadian province of Quebec.
    • Other Countries: This Game is open to residents of all other countries where such activities are legally permitted. CricBattle will assume (and by using the Site you warrant that) either you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and are aware of legal positions about fantasy sports in your country).
    • By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
  • Eligibility
    • The Contest(s) are open only to persons above the age of 18 years.
    • India: CircBattle 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, Orissa 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.
    • USA & Canada: You are resident of the United States of America (Eligible Territories which excludes the states of Arizona, Iowa, Louisian, Montana, Nevada, Tennessee, Hawaiii, Mississippi, Washington & Canadian province of Quebec), residing in any jurisdiction within the Eligible Territories where the Services you select to participate in are not prohibited by applicable law.
    • Persons who wish to participate must have a valid email address.
    • Only those Participants who have successfully registered on the cricbattle.com 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.
    • No employees from, or contractors working with, CricBattle, nor any of their subsidiaries shall be allowed to contest in playing “paid leagues on the platform. Special Accounts operated by employees or contractors may participate in leagues for monitoring purposes, but not in such a way that may affect the results of said event.
    • For any user, if the difference between Free League Prizes and Deposited amount equals/exceeds the maximum limit of Rs1000, then the user is not eligible to join any more free leagues which has free prizes on offer. The user needs to deposit the minimum/deficit amount to continue playing Free Prized Leagues.
  • Intellectual Property
    • CricBattle.com includes a combination of content created by CricBattle, its partners, licensors, associates and/or Users. The intellectual property rights (Intellectual Property Rights) in all software underlying CricBattle.com and material published on CricBattle.com, 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 CricBattle, 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 CricBattle.com either in whole or in part without express written license from CricBattle.
    • Users may request permission to use any CricBattle.com content by writing in to contact@cricbattle.com
    • 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 CricBattle.com (Users Content). Each User represents and warrants that he/she owns all Intellectual Property Rights in the Users 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 CricBattle.com. Users agree to indemnify and hold harmless CricBattle, 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 CricBattle.com, by such User or through the Users commissions or omissions.
    • Users hereby grant to CricBattle 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 CricBattle.com
      • 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 CricBattle.com(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 CricBattle.
  • User Conduct
    • Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, CricBattle may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
      • restricting, suspending, or terminating any Users access to all or any part of CricBattle.com
      • deactivating or deleting a Users account and all related information and files on the account.
      • 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. Users further agree to update and keep updated their registration information.
    • A User shall not register or operate more than one User account with CricBattle. Multiple accounts from the same household is not allowed as well.
    • Users agree to ensure that they can receive all communication from CricBattle by marking e-mails from CricBattle.com as part of their safe senders list. CricBattle 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 Users junk or spam folder.
    • Any password issued by CricBattle 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 exit/log-out of their accounts at the end of each session.
    • Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with CricBattle.com
    • 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 CricBattle.
    • 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 CricBattle.com
    • Users agree not to access CricBattle.com by any means other than through the interface that is provided by CricBattle for use in accessing CricBattle.com. 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 CricBattle.com is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit CricBattles right to comply with governmental, court, and law-enforcement requests or requirements relating to Users use of CricBattle.com.
    • Users may contact support@cricbattle.com 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 CricBattle.com or the Amusement Facilities or inter alia, in the contest, uploading pictures, playing games or being part, directly or indirectly, of any activity on CricBattle.com.
    • Although persons below the age of 18 years are allowed to use certain features on the CricBattle.com 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 CricBattle.
    • CricBattle may not be held responsible for any content contributed by Users on the CricBattle.com.
  • Prizes, its distribution & Taxes
    • Within a reasonable time period after each Game or Sporting Event ends, the tentative Winners are announced but remain subject to final verification by the Company. The Company may, in its sole discretion, award cash or non-cash prizes, to the Winners of each Game or Sporting Event.
    • In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified in the Game Guides.
    • CricBattle may organize special Sporting Events (Special Event(s)) where for every user who participates in such Special Event, the Company adds a certain pre-determined amount to the prize pool, by levying an Entry Fee equal to such pre-determined amount for every user entry. You agree that the Prize Structure for each Special Event is dependent on the number of Participants in each such Special Event and that the total prize money and number of winners vary dynamically based on the users who participate in such Special Event.
    • For a summary of prizes for currently open Games or Sporting Events, You may login to the relevant sub-page and check the then-current prize structure prior to the commencement of the Games or Sporting Events. You will be able to see the final Prize Structure only after the Game or Sporting Event has been locked i.e. the Game or Sporting Event has begun.
    • Prize calculations are based on the results as of the time when final scoring is tabulated by the Company. Once winners are initially announced by the Company, the scoring results will not be changed in light of adjustments made in the official scoreboards, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results.
    • For tournament leagues, an user is eligible to win maximum of 1 prize in the free leagues, including both draft and salary cap fantasy leagues. In case if the user has won more than 1 prize, then the maximum prize amount among the prizes user has won will be credited to their account.
    • CricBattle may make adjustments in the event of a non-compliance by any of the Users with the Terms of Use.
    • All the prizes earned from playing leagues with free entry are non cashable. The user needs to play paid leagues to utilize the prize amount.
    • No substitution or transfer of a prize is permitted. Where the CricBattle awards cash prizes, the same will be disbursed ONLY to Winners who are account holders with a bank in India via an electronic funds transfer. CricBattle shall NOT physically mail the cheque containing the prize money to the Winners postal address NOR shall the CricBattle be handing over cash to the Winner through any other means. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of the Game is challenged by any Authority, the Company reserves the right in its sole discretion to determine whether or not to award or adjust such prizes.
    • In all disputes arising out of the determination of the winner of the Games or Sporting Events, the Company is the sole judge and its actions are final and binding on all Users.
    • Refund: All fantasy contest payments are final. No refunds will be issued. However, if a fantasy contest is cancelled or does not become operative as the terms of the contest remain unsatisfied, the payments made by you in such contest shall be refunded to your Account.
    • Disputes: You must notify us in writing within seven (7) days after receiving your credit card or relevant Payment Provider statement, if you dispute any of our charges on that statement or such dispute will be deemed waived.
    • Tax:
    • Tax on prizes for Indian users: All prizes shall be subject to deduction of tax (TDS) as per the provisions of 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.
    • Tax on prizes for all other countries: League winners shall be responsible for and comply with payment of any applicable tax, including but not limited to, income tax, sales tax, gift tax, etc. with respect to the prize. Because applicable tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax obligations, in consultation with tax advisors. We cannot and do not offer tax advice to Users.
  • Indemnification
    • You agree to indemnify and hold CricBattle, its parents, subsidiaries, affiliates, directors, officers, employees, agents, partners and licensors or other representatives of each (collectively, the CricBattle Parties) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys fees) relating to or arising out of: (a) your User Provided Content; (b) your use of, or inability to use, the Services, Terms or Application(s); (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any laws, rules or regulations. CricBattle reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CricBattle in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Services, Site or Application(s).
  • Termination Of Service
    • CricBatle may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. CricBattle may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in the CricBattle's exclusive discretion, without prejudice to any legal or equitable remedies available to the CricBattle, for any reason or purpose, including, but not limited to, conduct that the CricBattle believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which the CricBattle believes is harmful to other customers, to the CricBattle's business, or to other information providers. Upon any termination of this agreement, you will immediately discontinue your use and access of the Site and destroy all materials obtained from it.
  • Disclaimer & Limited Liability :
    • CricBattle.com is not affiliated in any way to and claims no association, in any capacity whatsoever, with the (i) International Cricket Council ("ICC") or any national cricket board or team, (ii) Board of Control for Cricket in India ("BCCI"), the Indian Premier League ("IPL") or any IPL franchises, or (iii) any other domestic cricket tournament/league, or tournament franchise/team (other than where specifically stated). CricBattle.com acknowledges that the ICC, BCCI/IPL and its franchises, respective national cricket boards, domestic tournament organisers and franchises/teams, respectively, own all proprietary names and marks relating to the relevant tournament or competition.

      You acknowledge and agree that the site and its application including content, functions and materials is provided AS IS, AS AVIALBALE, WITHOUT WARRANTY OF ANY KIND either express or implied including, without limitations, any warranties of title, non-infringement or merchantability. None of the CricBattle parties warrant that the site or the application, content, functions or material contained in it will be timely, secure, uninterrupted or error free or that defects will be corrected. CricBattle parties shall not be liabile for any damages to or viruses that may infect, your computer equipment or other property on account of your access to or use of the site or the system.

      The CricBattle does not warrant that your activities or use of the site or application is lawful in any particular jurisdiction and, in any event, the CricBattle parties specifically disclaim such warranties. You understand that by using any of the features or applications, you act at your own risk and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the site or the content.

      You understand and agree that CricBattle limits its liability in connection with your use of the site as set forth under below: Under no circumsances shall the CricBattle parties be liable to you for any loss or damages of any kind that are directly or indirectly related to (1) the site or applications, the content or your user provided content (2) the use of , inability to use, or performance of the site or application (3) any action taken in connection with an investigation by the CricBattle or Law enforcement authorities regarding your use of the site, application or content (4) any action taken in connection with copyright owners, or (5) any errors or omissions in the site of application technical operation, even if foreseeable or even if the CricBattle parties have been advised of the possibility of such damages weather in an action of contract, negligence, strict liability. In no event will the company entities and individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury. In no even shall the company entities and individuals total liability to you for all damages, losses or causes of action exceed $50 (Fifty dollars). Your access to and use of this site is at your risk and if you are dissatisfied with the site, your sole and exclusive remedy is to discontinue accessing and using the site, application or the content. By accessing the site or applications, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected.

      Terms of Use shall be governed by and constructed in accordance with the laws of USA, without reference to conflict of laws principles. The courts in Washington, USA shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use. You agree to submit to the jurisdiction of the courts in Washington, USA and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.