TERMS & CONDITIONS
BalleBaazi shall be entitled to modify these Terms and Conditions and the rules governing
its games/tournaments/contests, at any time, by posting the same on BalleBaazi site. Use of
BalleBaazi constitutes your acceptance of such Terms and Conditions and the rules referred
to herein or provided by BalleBaazi in relation to any BalleBaazi services, as may be
amended from time to time. You may then exercise the options provided in such a notification
to indicate non-acceptance of the modified Terms and Conditions or the rules. If such an
option is not exercised by you within the time frame prescribed in the notification, you
will be deemed to have accepted the modified Terms and Conditions and the rules provided by
BalleBaazi site may contain links to third party websites that are not owned or controlled by BalleBaazi. BalleBaazi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites/app. In addition, BalleBaazi will not and cannot censor or edit the content of any third-party site. By using the BalleBaazi site and its services, you expressly acknowledge and agree that BalleBaazi shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
You may use the BalleBaazi site without registration. However, to participate in the
activities of the BalleBaazi site you shall be required to create an account by logging in
through your Google account,Facebook account or any other third-party service account
permitted by the BalleBaazi site. In the event you wish to play on the BalleBaazi site you
shall create an account with us.You shall do so after completing the registration process
a) Providing true, accurate, correct and complete information as prompted by the applicable registration form.
b) Maintaining and updating true, accurate, correct and complete information provided by you during the registration process.
You shall be required to choose a user nameand password. You shall be solely responsible for maintaining the confidentiality of your account username and password.
You shall be solely responsible for the registration information provided by you during submissions and the consequences of posting or publishing them. BalleBaazi is only acting as a repository of data and makes no guarantee as to the validity, accuracy, or legal status of any information / submissions.
If, at any time, BalleBaazi believes that your account and password is being misused in any manner, or that the information provided by you during the above stated registration process is not true, inaccurate or incomplete, then BalleBaazi reserves the right to terminate/cancel or suspend your account and block your access to the BalleBaazi site.
You shall be solely and exclusively responsible for any and/or all the activities that are carried through your account. You agree to notify BalleBaazi of any unauthorized use of your account and/or any breach of security via email at email@example.com. BalleBaazi shall not be liable for any loss that you may incur as a result of another person(s) using your account username and/or passwordand / or your failure to comply with this section.You shall be solely and exclusively liable for all the losses to BalleBaazi and/or other claims, damages, fines due to such an unauthorized use.
REGISTRATION AND PARTICIPANTS
The games/tournaments/contests available on the BalleBaazi site are open only to residents of India aged eighteen (18) years or above at the date of usage and/or registration. Employees of SBN Gaming Pvt. Ltd. (BalleBaazi), their associated, affiliated and subsidiary companies and their families, agents,game sponsors, and any person connected with BalleBaazi are excluded from participating in the game and/or winning a prize. By taking part in a game (excluding administering the game) on the BalleBaazi site, Users/Participants warrant that all information submitted by them is true, accurate and complete. Proof of age may be required. The sole discretion to declare aUser ineligible to participate shall vest with BalleBaazi.Users/Participants who wish to participate shall have a valid email address.In order to register for the Contest(s), Users/Participants are required to accurately provide the following information:
- Full Name
- Team Name(s)
- E-mail address
- State of Residence
- Date of birth
USE OF THE BALLEBAAZI SITE
All materials provided on the BalleBaazi site, including but not limited to all information,
materials, functions, text, logos, designs, graphics, images, sounds, software, documents,
products and services (collectively, the "Materials"), and the selection, arrangement
display thereof, are the copyrighted works of BalleBaazi and/or its vendors and/or
suppliers. All Materials herein and BalleBaazi’s software are the exclusive properties of
BalleBaazi. Except as stated herein, none of the Materials may be modified, copied,
reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or
transmitted in any form or by any means, including but not limited to, electronic,
mechanical, photocopying, recording or other means, without the prior written permission of
Subject to your compliance with these Terms and Conditions, BalleBaazi hereby grants you the right to access and use the BalleBaazi site only for personal and non-commercial purposes. You undertake that you shall not use the BalleBaazi site for any commercial purposes and/or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You may post/share links/images/text content on the BalleBaazi site on social media platforms like Facebook, Twitter, Google+, Snapchat, Instagram, YouTube or any other social media sharing platform with appropriate link-back to the original source.
When the BalleBaazi site provides for the download of any particular Material including any software, you may download such Material and/or software to a computer or mobile device (as applicable) for your personal, non-commercial use only, provided that you shall:
a) keep a record of and not amend copyright and other proprietary notices;
b) make no modifications to, and do not rent, lease, loan, sell, distribute, copy (except to create a single copy for your own back-up purposes), or create any derivative works based on the BalleBaazi site or the Material including the software, in whole or in part, and;
c) not transfer any Material and/or software and/or any part thereof to any other computer and/or mobile device. Any commercial or business use of the BalleBaazi site or any Material including the software is expressly prohibited.
Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, design or copyright of the BalleBaazi intellectual properties. You acknowledge and agree that nothing in these Terms and Conditions shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names, source code or other proprietary rights on the BalleBaazi site or Material or software or any part thereof to you or any third party
FAIR PLAY POLICY AND PROHIBITED USE
• Fair Play Policy
We at BalleBaazi consider the fair play of online fantasy game/tournament/contest of
utmost importance. In order to prevent any form of fraud or unfair play in our
games/contests/tournamentsor on our site - all User actions including -
deposits/identity verification/Fantasy Games/Tournaments/Contests are monitored to
ensure a safe, legal and fair environment for you (the Users/Participants).
Every single fantasy game/tournament/contestshall be a fair individual effort. Hence, as part of the Fair Play policy to prevent any form of fraud & in-game collusion all User/Participant actions are monitored and recorded.
Any detection of a breach of our Fair Play policy, such as and not limited to, fraudulent deposits under a stolen identity or collusion in gameplay, shall result in swift and serious action taken by BalleBaazi against the suspected User/Participant.
• Prohibited Use
As a condition of your use of the BalleBaazi site, you shall not use the BalleBaazi site for any purpose that is unlawful or prohibited under these Terms and Conditions or under any Indian laws, statutes, order, ordinances and regulations. The duty to verify whether the use of the BalleBaazi site is legal in your jurisdiction is your sole and exclusive responsibility.
You shall not display, upload, modify, publish, transmit, update or share any information on the BalleBaazi site that is:
i. criminal or tortious activity, including child pornography, fraud including financial fraud and money laundering, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
ii. promoting illegal or tortuous activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
iii. using photos and/or pictures that are sexually explicit or pornographic, exposing the female breast or full exposure of either male or female buttocks, or any or all portions of the human genitalia; exposing anyone or anything involved in explicit sexual acts and/or lewd and lascivious behaviour, including masturbation, copulation, paedophilia, intimacy involving nude or partially nude people in heterosexual, bisexual, lesbian, or homosexual encounters; depicting anyone or anything that is crudely vulgar or grossly deficient in civility or behaviour or that shows scatological impropriety and any other content contravening good moral standards;
iv. attempting to circumvent, disable or otherwise interfere with security-related features of BalleBaazi or features that prevent or restrict use or copying of any content or enforce limitations on the use of BalleBaazi or the content therein;
v. using cheats, exploits, automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the BalleBaazi site, and taking advantage of cheats or exploits;
vi. using any software that intercepts, mines, or otherwise collects information about other Users or copies and stores any Proprietary Materials;
vii. interfering with, disrupting, or creating an undue burden on the BalleBaazi site or the networks connected to the BalleBaazi site;
viii. attempting to impersonate another User or person;
ix. soliciting personal information from anyone under the eighteen (18) years of age;
x. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other Users;
xi. using the account, username, or password of another account holder at any time or disclosing the User account password to any third party or permitting any third party to access the User Account;
xii. using any information obtained from the BalleBaazi sitein order to harass, abuse, or harm another person;
xiii. using any unfair, misleading or deceptive content intended to draw traffic to one’s profile;
xiv. using the BalleBaazi site and/or software in a manner inconsistent with any and all applicable laws and regulations;
xv. sub-license, rent, lease, sell, trade, gift, bequeath or other transfer of the User account associated with the User account to anyone;
xvi. access or use of a third-party account that have been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the holder or the original account creator; and
xvii. using the BalleBaazi site and/or Software and/or materials for commercial purpose manner.
The User’s/Participant’s use of the BalleBaazi site and software is also subject to laws
of the State in which the User resides and from which he/she accesses the BalleBaazi
site, as well as the laws enacted by the Republic of India. Residents physically located
outside India and in the States of Assam, Telangana, Nagaland and Odisha (Orissa)
(“Excluded States”) are ineligible to open a User Account on the BalleBaazisite.
Users seeking to participate in the games of skill offered by the BalleBaazi site from the Excluded States would be ineligible for prizes offered by BalleBaazi. BalleBaazi, at its sole discretion or the judicial and/or government authority, through an order/decree/judgment/direction, may add additional States in the Excluded States. In such a case, the Users/Participants from these States shall be ineligible to participate in the online games/tournaments/contests where the participation fee is charged, and the prizes are offered.
In case wherein detailed audits on the end of BalleBaazi, any User/Participant is found to be a resident of any of the aforementioned States and is found to be hiding such details from BalleBaazi at the time of registration then actions mentioned under these Terms and Conditions including (but not limited to) blocking of account, account reset, account deletion or deactivation shall be initiated. If the laws of these Excluded States change and the residents of these States are allowed to participate in the paid versions of game of skills, the Users/Participants (who were blocked earlier for being a resident of these States) shall be treated as new registrations and in no case, previous winnings shall be considered and any claim of such sort will not be entertained in any case.
Any credit/winning amount of such a User/Participant, available in the User Account with BalleBaazi shall not be usable, till the time the judiciary/government authority expressly allows the BalleBaazi site to offer its online game(s)/contests/tournaments in the Excluded State.
The User/Participant agrees that BalleBaazi shall not be held liable if laws applicable to the User/Participant restricts or prohibits his/her participation.
BalleBaazi makes no representations or warranties, implicit or explicit, as to the User’s legal right to participate nor shall any person affiliatedor claiming affiliation with the User/Participant have authority to make any such representations or warranties.
The BalleBaazi site and service are hosted in the Republic of India and are intended for
and directed to Users/Participants in the Republic of India (except the Excluded
States). BalleBaazi makes no representation that the BalleBaazi site is appropriate or
available in locations outside India. Those who choose to access the BalleBaazi site
from outside India and/or the Excluded States are doing it at their own risk and shall be
themselves responsible for compliance with the applicable laws.
• You agree to abide by these Terms and Conditions and all other rules, regulations of the BalleBaazi Website and/or App. In the event you do not abide by these Terms and Conditions and all other rules, regulations, BalleBaazi may, at its sole and exclusive discretion, take necessary remedial action, including but not limited to:
- restricting, suspending, or terminating your access to all or any part of BalleBaazi services;
- deactivating or deleting your account and all related information and files on the account. Any winnings amount on the date of deactivation or deletion shall be transferred to the User account in BalleBaazi database subject to a processing fee (if any) applicable on such transfers as set out herein; or
- refraining from awarding any prize(s) to such User.
• You agree to provide true, accurate, current and complete information at the time of
registration and at all other times (as required by BalleBaazi). You further agree to
update and keep updated your registration information as and when required by
• You shall not register or operate more than one User account with BalleBaazi.
• You shall provide all the necessary Mandatory Information Documents (MIDs) as and when required by BalleBaazi as per compliance of the Republic of India laws and regulations.
• You agree to ensure that you can receive all communication from BalleBaazi by marking e-mails from BalleBaazi as part of your "safe senders" list. BalleBaazi shall not be held liable if any e-mail remains unread as a result of such an e-mail being delivered to your junk and/or spam folder.
• Any password issued by BalleBaazi to you shall not be revealed to anyone else. You shall strictly avoid using anyone else's password. You shall be responsible for maintaining the confidentiality of your account and password. You agree to immediately notify BalleBaazi of any unauthorized use of your account or any other breach of security.
• You agree to exit/log-out of your accounts at the end of each session. BalleBaazi shall not be responsible for any loss and/or damage that may result if you fail to comply with these requirements.
• You agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with BalleBaazi services and/or BalleBaazi experience or assist in such activity.
• You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying BalleBaazi or BalleBaazi services.
• You agree that without BalleBaazi's express written consent, you shall not modify or cause to modify any files or software that are a part of BalleBaazi's services.
• You agree that you shall not indulge in collusive play with other Users/Participants on the BalleBaazi site in any manner.
• You 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 BalleBaazi or the BalleBaazi services (each a "Server"); or (b) enjoyment of the BalleBaazi services by any other User/Participant or person.
• You agree not to institute, assist or become involved in any type of attack, including without limitation to the distribution of a virus, denial of service, or other attempts to disrupt the BalleBaazi services or any other person's use or enjoyment of the BalleBaazi services.
• You shall not attempt to gain unauthorised access to the User accounts, servers or networks connected to the BalleBaazi services by any means other than the User interface provided by BalleBaazi, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the BalleBaazi services.
• If you choose a username that, in BalleBaazi's opinion is considered to be obscene, indecent, abusive or that might subject BalleBaazi and/or SBN Gaming Pvt. Ltd. to public disparagement or scorn, BalleBaazi/SBN Gaming Pvt. Ltd. reserves the right, without prior notice, to change such username and intimate you or delete such username from BalleBaazi, deny you access to BalleBaazi, or any combination of these options.
• Use of the BalleBaazi site shall be subject to existing Republic of India laws & regulations and legal processes. Nothing contained in these Terms and Conditions, shall limit the BalleBaazi's right to comply with governmental, court, and law- enforcement requests or requirements relating to User’s use of BalleBaazi.
• Users may contact firstname.lastname@example.org. with problems or questions, as appropriate.
• 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 the BalleBaazi Services or any other person's use or enjoyment of the BalleBaazi Services.
• Users shall not attempt to gain unauthorised access to other User accounts on BalleBaazi by any means, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of the BalleBaazi services.
• Users provide their acceptance for not using the BalleBaazi platform for any sort of inadequate activities including (but not limited to): 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 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, BalleBaazi.com, any software, hardware, or telecommunications equipment; to advertise, offer or sell any goods or services for any commercial purpose on BalleBaazi.com without written consent of BalleBaazi; to Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
PARTICIPATION IN CONTESTS
By entering a Contest, User/Participant agrees to be bound by these Terms and the
decisions of BalleBaazi. Subject to the terms and conditions stipulated herein below,
the Company, at its sole discretion, may disqualify any User/Participant 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//Participants which includes, but is not limited to:
a) 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 BalleBaazi to enter a contest and/or claim a prize/winning.
b) 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.
c) Colluding with any other User(s) / Participant(s) or engaging in any type of syndicate play.
d) Any violation of Contest rules or the Terms and Conditions.
e) Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means.
f) 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/Participant for any purpose
g) 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;
h) Obtaining other Users’/Participants’ information without their express consent and/or knowledge and/or spamming other Users/Participants (Spamming may include but shall not be limited to send unsolicited emails to Users/Participants, sending bulk emails to BalleBaazi Users/Participants, sending unwarranted email content either to selected Users/Participants or in bulk); or
i) Abusing the Website in any way. It is clarified that in case a User/Participant is found to be in violation of this policy, BalleBaazi 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.
CONTEST(S) AND PRIZES
BalleBaazi,may at its own discretion, make available anyother game/tournament/contest(s)
on the BalleBaazi platform. Currently, only fantasy cricket game is made available on
BalleBaazi platform. Users//Participants wishing to participate in the such contest
("Participants") are invited to create their own fantasy teams ("Team(s)")
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. BalleBaazi offers its platform to Users/Participants for fantasy game
Contest(s) being created relating to each Event, and Users/Participants can participate
in such tournament(s)/Contest(s) with their Teams. Teams are awarded points on the basis
of the real life cricketers’ performances at the end of a designated match or tournament
of the Contest(s). The User(s)/Participant(s) whose Team(s) have achieved the highest
aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In
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 BalleBaazi services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
• "Fantasy Rules" which are available at “How To Play” section.
• 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 BalleBaazi platform. Users/Participants 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 BalleBaazi services and pre-determined User’s/Participant's contribution towards prize money pool. The User/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 User/Participant may create different Teams for participation in Contest(s) in relation to an event across the BalleBaazi services. However, unless BalleBaazi specifies otherwise in relation to any Contest ("Multiple Entry Contest"), Users/Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to any event. In case of Multiple Entry Contest(s), a User/Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that BalleBaazi 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 BalleBaazi in its sole discretion.
User/Participant shall pay a pre-designated amount for participating in the contest(s) being created on the BalleBaazi platform.
In the event a User/Participant indicates, while entering an address, that he/she is a resident of the Excluded States, such User/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).
1) CLASSIC FANTASY
In a Classic fantasy game of cricket, each User/Participant shall select a balanced team consisting of eleven (11) number of players, of which maximum of seven (7) players shall be selected from a single team for a match with a total budget allocated to each User/Participant being 100 before the toss. The User/Participant shall also select a captain and a vice captain from the players elected on the team who shall earn 2x and 1.5x the points respectively. Player selected in the fantasy team would be allocated points based on their performance in the actual sporting event taking place, with weightage being given to different aspects of their performance.The points system followed on the BalleBaazi platform for Classic Fantasy Game is uploaded under the ‘Points System’section on the website/app.
2) BATTING FANTASY
In a Batting fantasy game of cricket, each User/Participant shall select a team consisting of five (5) number of batsmen, of which maximum of three (3) batsmen shall be selected from a single team for a match with a total budget allocated to each User/Participant being 45 before the toss. The User/Participant shall also select a captain and a vice captain from the players elected on the team who shall earn 2x and 1.5x the points respectively.Player would be allocated points based on their performance in the actual sporting event taking place, with weightage being given to different aspects of their performance. The points system followed on the BalleBaazi platform for Batting Fantasy Game is uploaded under the ‘Points System’ section on the website/app.
3) BOWLING FANTASY
In a Bowling fantasy game of cricket, each User/Participant shall select a team consisting of five (5) number of bowlers, of which maximum of three (3) bowlers shall be selected from a single team for a match with a total budget allocated to each User/Participant being 45 before the toss. The User/Participant shall also select a captain and a vice captain from the players elected on the team who shall earn 2x and 1.5x the points respectively.Player would be allocated points based on their performance in the actual sporting event taking place, with weightage being given to different aspects of their performance. The points system followed on the BalleBaazi platform for Bowling Fantasy Game is uploaded under the ‘Points System’ section on the website/app.
TABULATION OF FANTASY POINTS
BalleBaazi may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) with appropriate licenses. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, BalleBaazi shall use best efforts to rectify such error prior to the distribution of prizes. However, BalleBaazi hereby clarifies that it relies on the accuracy and completeness of such third party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third party service provider. Users/Participants agree not to make any claim or raise any complaint against BalleBaazi in this respect.
All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961.
The TDS rate prescribed by the Government of India with respect to any prize money
amount that is more than INR 10,000/- (Indian Rupees Ten Thousand Only) is 31.2% of the
total prize money amount.
In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by BalleBaazi in accordance with the then current prescribed TDS rate. 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.
SELECTION AND VERIFICATION OF WINNERS AND CONDITIONS FOR PRIZES
• SELECTION OF WINNERS
Winners shall be decided by the scores of the Teams in a designated match of the
Contest(s). The User(s)/Participant(s) owning the Team(s) with the highest aggregate
score in a match shall be declared the Winner(s). In certain pre-specified Contests,
BalleBaazi 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 match 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
Users/Participants creating Teams on behalf of any other User/Participant or person shall be disqualified.
In the event of a tie, the winning Users/Participants shall be declared Winners and the prize shall be equally divided among such Users/Participants.
BalleBaazi 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 BalleBaazi, Contest, "Fantasy Rules", etc.
• CONTACTING WINNERS
Winners shall be contacted by BalleBaazi or the third party conducting the Contest on
the e-mail address provided at the time of registration. The verification process and
Mandatory Information Documents shall be required for the collection of prize.
“Mandatory Information Documents (MIDs)” shall include the following documents:
a) PAN Card;
b) Government-issued residence proof; and
c) Details of the payment settlement system used by the User
BalleBaazi 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 BalleBaazi. The User represents and warrants that the documents provided in the course of the verification process are true copies of the original documents to which they relate.
Users/Participants are required to provide proper and complete details at the time of registration. BalleBaazi shall not be responsible for communications errors, commissions or omissions including those of the Users/Participants due to which the results may not be communicated to the Winner.
The list of Winners for each Contest(s) shall be posted on the platform. The winners will also be intimated by e-mail.
If a User/Participant has been declared a Winner on the platform but has not received any communication from BalleBaazi, such User/Participant may contact BalleBaazi within twenty-four (24) hours of such User/Participant being declared the Winner.
• VERIFICATION PROCESS
Only those Winners who successfully complete the verification process and provide the
required documents within the time limit specified by BalleBaazi shall be permitted to
withdraw/receive their accumulated winnings (or any part thereof). BalleBaazi shall not
entertain any claims or requests for extension of time for submission of documents.
BalleBaazi shall scrutinise 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:
- Determination by BalleBaazi that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible;
- Participant does not fulfill the participation criteria as specified under these Terms and Conditions;
- Any other thing.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, copyright and/or all intellectual property rights in all
Materials on the BalleBaazi site (including but not limited to text, audio, video or
graphical images, or technology, the look and feel of the BalleBaazi site), trademarks
and logos appearing on the BalleBaazi site are the properties of BalleBaazi and are
owned & controlled by us and/or by other parties that have licensed their material to
us. You shall not copy, reproduce, republish, upload, post, transmit or distribute the
BalleBaazi site Material in any way, including by e-mail and/or other electronic means
and whether directly or indirectly and/orassist any other person to do the same. Without
the prior written consent of the owner of the Materials, modification, use of the
Materials on any other web site and/or networked computer environment and/or use of the
Materials for any purpose other than personal, non-commercial use shall be considered a
violation of the copyrights, trademarks and other proprietary rights of BalleBaazi and
shall be prohibited.
Any use of the Material other than for personal and non-commercial purposes shall be considered as commercial use for the purposes of this clause. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of BalleBaazi or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the BalleBaazi site, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the extent permitted by law.
We, at BalleBaazi, respect other people's intellectual property rights and if you believe that any content or material on the BalleBaazi site infringes on your intellectual property rights, you can write and inform us about the same at email@example.com.
Some part of the BalleBaazi site, may contain advertising information, surveys, promotion material or other material submitted to BalleBaazi by third parties. Responsibility for ensuring that the material submitted for inclusion on the BalleBaazi site complies with the applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in the promotions of advertisers or including the payment and delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. BalleBaazi shall not be responsible and/or liable for any claim, error, omission, inaccuracy in advertising material and/or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertisers on the BalleBaazi site. BalleBaazi reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.
LIMITATION OF LIABILITY
In no event shall BalleBaazi, its officers, directors, employees, or agents, be liable
to you for any direct, indirect, incidental, special, punitive, or consequential damages
whatsoever resulting from any:
i) errors, mistakes, or inaccuracies of content;
ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service;
iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
iv) any interruption and/or cessation of transmission to or from our servers;
v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our service by any third party;
vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the BalleBaazi client, whether based on warranty, contract, tort, or any other legal theory, and whether or not BalleBaazi is advised of the possibility of such damages; and/or
You specifically acknowledge that BalleBaazi shall not be liable for any defamatory, offensive, or illegal conduct of any third party and that the risk of any harm or damage from the foregoing shall rest entirely with you.
TECHNICAL FAILURES AND DISCONNECTION POLICY
It is possible that you may face disruptions, including, but not limited to errors,
disconnection or inferences in communication in the Internet services, software or
hardware that you have used to avail our services.
BalleBaazi shall not be liable for any network outage or any problems/interruptions with network connectivity including network, Internet services, computer hardware or software failures of any kind in the disruption in the servicesas the same is beyond BalleBaazi’s control. You take full responsibility with complete knowledge for any risk of loss or damages caused due to interruption of services for any such reasons.
You agree that BalleBaazi shall not be held responsible and/or liable for any interruption in a BalleBaazigame and/or tournament and/or contest caused at the User’s end due to an incoming call, message, chat, video call or any other interruption on the mobile phone device/tablet device. In case of any interruption specified above in a BalleBaazi game and/or tournament and/or Contest on the User’s mobile phone device/tablet device, the game and/or tournament and/or contest shall still continue,and the User shall assume complete responsibility for such interruptions in between the games and/or tournaments and/or contest.
You agree to defend, indemnify and hold harmless BalleBaazi, its officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees)
(i) your use of and access to the BalleBaazi site;
(ii) your violation of any term of these Terms and Conditions;
(iii) your violation of any third party right, including without limitation any trademark, copyright, property, or any other privacy right;
(iv) any violation of applicable law, rules, regulation, orders and ordinance. This defense and indemnification obligation shall survive these Terms and Conditions.
“Chargeback” is a credit card charge that has been disputed or claimed as fraud with a
credit card company and/or the User’s bank. A credit card chargeback occurs after a
cardholder/User(s) initiates a merchant dispute with their issuing bank and the issuing
bank will then charge back the transaction being disputed from BalleBaazi and the
cardholder's account is credited.
Chargeback, as defined above, may occur for one of the following reasons:
1. Mistakenly filed by the cardholder/User as he/she did not recognize the charge;
2. Many User(s) request friends, parents or other relatives to pay for the game, and they may misunderstand the billing policy and/or do not recognize the charges. They may then file a dispute for the fees;
3. After a credit card is lost or stolen, the User or bank disputes the charges in error;
4. An account is sold, shared, transferred or traded and the previous owner disputes previous billing fees. These types of accounts can and will not be released;
5. Technical problems during the payment processes; and
6. Fraudulent use of a credit card.
Procedure for User(s) recovering his/her account following Chargeback
1. The User(s) needs to verify his/her ownership of the account in question for a
chargeback. The User may need to create a new account to do so.
2. The User then needs to provide the following details:
- Name (as on the Government issued Identity Card):
- Name on the Credit Card:
- The last 4 digits of the Credit Card used on the account:
- Full Billing Address:
- Current answer to security question:
- Email Address:
3. In order to uphold the BalleBaazi privacy and security policies, representatives will ask you to verify information on an account. Payments shall not be accepted if the contact is not able to prove his/her ownership of the account. Missing information can cause delays and halt the recovery process. If the User requires additional time to gather the requested information, he/she should contact BalleBaazi at firstname.lastname@example.org.
4. If the User(s) does not remember the exact credit card number, he/she should check with the bank from whom the credit card was issued to the User. When an account is terminated and/or banned, the same shall not be renewed automatically on the BalleBaazi platform. All billing related to that User account shall be stopped.
Dispute of Charge by the User(s) with his/her bank:
1. If the User has disputed a charge with his/her bank, BalleBaazi shall terminate and/or close the User’s account and place it under suspension until the payment is returned to BalleBaazi.
User’s card charged without permission
1. BalleBaazi has no way of knowing who is charging the User’s credit card at the time
of purchase. However, there are certain factors which shall establish whether or not the
charge is from a legitimate source or is fraudulent in nature. In most cases BalleBaazi
shall actively ban and refund charges to credit cards that BalleBaazi has determined to
be fraudulent in nature. However, most of the chargeback claims are not legitimate and
require remittance before the account can be used again.
Friendly Fraud: Friendly Fraud occurs when a charge is placed by a member of a household with access to a credit card (or who has memorized the security information on a card) and placed charges which may not be known to the primary card holder. The charges shall still be counted as legitimate whether or not the primary card holder was aware of the charges.
Process to be followed by BalleBaazi after verification of ownership
1. Once the User(s) has verified ownership, the BalleBaazi team in charge of the User(s)
case shall give the User(s) instructions on how to proceed.
2. The User(s) shall also remember that every case is different and that the BalleBaazi team will need to research exactly what happened to ensure that both the User(s) and BalleBaazi get the fairest result.
GOVERNING LAW AND JURISDICTION
• The Courts of competent jurisdiction at Delhi shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the BalleBaazi services provided by BalleBaazi (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/Users) or BalleBaazi, 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.
• If any question, issue, difference or dispute arises between the disputing parties as
to the interpretation of these Terms and Conditions or as to the duties and/or
liabilities of either Party to these Terms and Conditions hereunder or as to any matter
and/or thing arising out of or under these Terms and Conditions, the party raising the
dispute shall provide a written notification ("Notification") to the other party. On
receipt of Notification, the parties shall first try to resolve the dispute through
• In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration by sole arbitrator to be appointed mutually by the disputing parties.The Arbitration proceedings shall be conducted at Delhi in accordance with the Indian Laws (both Substantive and Procedural) under the Arbitration and Conciliation Act, 1996 as amended and re-enacted from time to time and the Award so made shall be final and binding on all the parties.The language of arbitration proceedings shall be English.
• 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 BalleBaazi from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard BalleBaazi'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 BalleBaazi to pursue any remedy for monetary damages through the arbitration described herein.
REPRESENTATIONS AND WARRANTIES
The User, not limiting his/her statutory rights, expressly acknowledges and agrees to
1. The User uses the BalleBaazi site at his or her own risk. BalleBaazi expressly disclaims all express or implied representations or warranties.
2. Each User shall bear their own risk concerning all the gaming activities being undertaken by him/her through the BalleBaazi site.
3. The User understands that certain delays can occur in the BalleBaazi’s system/network and therefore he/she shall not hold BalleBaazi or any BalleBaazi provider, responsible for any system/network related problems.
4. BalleBaazi does not guarantee, amongst other things that:
- the Game/Tournament/Contest and/or BalleBaazi Site will meet the user’s expectations;
- the Game/Tournament/Contest and/or BalleBaazi Site will be accessible without interruption or in a timely, reliable or fault-free manner;
- the results obtained through use of the Game/Tournament/Contest and/or BalleBaazi Site will be correct and reliable;
- the quality of the products, services, information or other material purchased or obtained by the User through Game/Tournament/Contest and/or BalleBaazi Site will meet the User's expectations.
The User shall be solely responsible for damages to his/her data system or for loss of data arising from downloads of content from the Game/Tournament/Contest and/or BalleBaazi Site.
BREACH AND CONSEQUENCES
If we have evidence of a breach of our Terms and Conditions through our investigations
or reasonable belief that your continued access to our website/app (platform) is
deleterious or detrimental to the interests of BalleBaazi and/or our Users or the
general public, then we reserve the right in our sole discretion to take one or all of
the actions as mentioned below:
a) Permanent suspension and/or termination of your User account on our platform;
b) Forfeit the balance amount left in your account;
c) Demand and order damages for breach of BalleBaazi Terms and Conditions and take required civil actions to recover damages;
d) Initiate steps of prosecution for damages and violation that is equivalent to offences in law;
e) Cause restriction to access our games/tournaments/contests to Users who are suspected in cases of cheating or colluding;
f) Bar you from playing or registering at BalleBaazi in the future, as we reserve full discretion to restrict you from playing our online fantasy games/tournaments/contests.
The action taken by us will be solely due to your breach of our Terms and Conditions; the action shall be final and decisive that will be binding on you. Any action taken by us will be without prejudice to our other rights and remedies that are mentioned and available in law or equity.
We reserve the right, at our discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms and Conditions and/or your access to all or any portion of the BalleBaazi site and/or remove any registration information or User Content from the BalleBaazi site. Upon termination or expiration of the Terms and Conditions, your obligations and BalleBaazi's rights and disclaimers survive, but your right to use the BalleBaazi site immediately ceases.
BalleBaazi shall make best endeavors to ensure that the platform (website/app) is
error-free and secure. However, neither BalleBaazi nor any of its partners, licensors or
associates make any warranty that:
• The platform will meet Users’ requirements,
• The platform will be uninterrupted, timely, secure, or error-free,
• The results that may be obtained from the use of the platform will be accurate or reliable.
BalleBaazi holds all the rights to rectify any errors identified in the determination of winners or in the transfer of amounts to a User's account, using various methods as it deems fit, including (but not limited to) through a set-off of the mistaken payment from amounts due to the User or deduction from the User's account of the amount of mistaken payment. In such events, BalleBaazi agrees to notify the User about the error and the rectification measure adopted to address the error.
Complying to the legal bodies and authorities neither BalleBaazi nor its partners, licensors or associates disclaims any sort of responsibility 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.
BalleBaazi is authorized to cancel any events or contest(s) requiring specific permission or authority from any statutory authority or any State or the Central Government, or the board of directors or any events wherein such permission or authority is either not obtained or denied either before or after the organization of the relevant events or contest(s).
By accepting these Terms and Conditions, the Users agree not to make any demands or claims in the event of suspension or closure of any services, events or contests organized/provided by BalleBaazi.
Neither party to these Terms and Conditions shall be liable for any loss and/or any
failure to perform any obligation under these Terms and Conditions due to causes beyond
its reasonable anticipation or control including real or potential labour disputes,
governmental actions, war or threat of war, sabotage, civil unrest, demonstrations,
fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or
resources, inability to obtain the relevant authorization, accident and defect in
electricity or telecommunication network, among other events.
Force Majeure and/or another event beyond BalleBaazi’s control hindering, delaying or complicating the maintenance of the BalleBaazi Game/Tournament/Contest, shall entitle BalleBaazi to suspend or limit the BalleBaazi Game/Tournament/Contest until further notice.
ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are aboveeighteen (18) years of age and are fully able and competent
to enter into the terms, conditions, obligations, affirmations, representations, and
warranties set forth in these Terms and Conditions, and to abide by and comply with
these Terms and Conditions.
BalleBaazi takes children's privacy seriously and encourages parents and/or guardians to play an active role in their children's online experience at all times. BalleBaazi does not knowingly collect any personal information from children below the aforementioned age and if BalleBaazi learns that BalleBaazi has inadvertently gathered personal data from children under the aforementioned age, BalleBaazi shall take all reasonable measures to promptly delete such personal data from BalleBaazi’s records.
You further represent and warrant that you are not located in any Excluded State in India where BalleBaazi is prohibited to be offered and/or accessed under the Indian laws.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BalleBaazi without restriction.
CHANGES TO TERMS AND CONDITIONS
We reserve the right, to modify these Terms and Conditions at any time. Any changes to Terms and Conditions will be posted on the BalleBaazi site and it is your responsibility to review these Terms and Conditionsfor any changes. Your continued use of the BalleBaazi site following a posting of changes is your agreement to the changes/amendments and you shall be bound by the current and updated version of these Terms and Conditions. If any changes/amendments to these Terms and Conditions are unacceptable to you, you must discontinue the use of services offered by BalleBaazi. We reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the BalleBaazi site, including for any violation of any provision of these Terms and Conditions. We also reserve the right to change the BalleBaazi site without notice to you, at any time.
No waiver of any terms of theseTerms and Conditions shall be deemed a further or continuing waiver of such term or any other term and BalleBaazi’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and BalleBaazi and you shall have no authority to bind BalleBaazi in any manner, whatsoever. If you are registering on the BalleBaazi site as a business entity, you represent that you have the authority to bind the entity to this Agreement.