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, CricBattles 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 Users 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.
