- Sachar Gaming Private Limited having its corporate office at Art Guild House, Third Floor, A wing, Phoenix Market City, Kurla (W), Mumbai - 400070, Maharashtra, India operates and provides the 'KhelChamps' fantasy skill sports ("KhelChamps") made available to Users (as defined herein) through Organiser. Through the Organiser, Users may participate in pay-to-play fantasy contests on KhelChamps ("Contests"), subject to these Terms and Conditions of Service ("the Terms").
- For the purpose of these Terms, wherever the context so requires "You", "Your", "Yourself", "Their" or "User" shall mean any person who participates in the Contests, through the Organiser. "We", "Us" or "Our" shall mean Sachar Gaming Pvt. Ltd., its employees, and authorised agents that perform any services on Sachar Gaming Pvt. Ltd. behalf in relation to KhelChamps or the Contests.
- A User can participate in the Contests by visiting a physical Organiser who is officially affiliated to Sachar Gaming Pvt. Ltd. ("Organiser"). The User is required to inform the Organiser of his/her preferred virtual team combination and his/her choice of Contest(s) which will be input online onto a server by the Organiser. The User is required to pay the Organiser the entry fee(s) applicable for the Contest(s) joined by the Organiser on behalf of the User ("Contest Fee"), in cash or through a bank/UPI transfer. The Contest Fee includes the service/platform fees charged by SACHAR GAMING PVT. LTD. from Users to operate and offer KhelChamps ("Platform Fee"). Once the payment is successful, the Organiser will issue a receipt to the User, which will display details such as the selected virtual team, the Contest Fee paid, the Contest joined, a time-stamp indicating when the team was entered into the Contest and a unique barcode ("Participation Acknowledgement").
- By participating in the Game/Contests in any manner, you shall be deemed to have read, understood, accepted and agreed: (i) to be bound by these Terms and to comply with these Terms; (ii) the rules of the Game Which You may ask the Organiser for a copy of, and which may be updated/modified from time to time ("Game Rules"). In the event SACHAR GAMING PVT. LTD. organizes or conducts any special promotions relating to the Game or the Contests ("Promotions"), such Promotions shall be governed by the Terms and any supplementary terms and conditions which may be specifically, applied for such Promotions and can be accessed through the Organiser. To the extent that these Terms are inconsistent with the additional terms and conditions set down, the additional conditions shall prevail.
- We reserve the right to make changes to these Terms at any time. We shall not be required to notify You, of any changes made to the Terms. Any such modifications will become effective immediately upon Our informing the Organiser about the same. As between SACHAR GAMING PVT. LTD. and You, you shall be solely responsible for reviewing and becoming familiar with any such modifications. We may also, in Our sole discretion, notify You of such modifications at the time You purchase a Participation Acknowledgement from the Organiser. Participation in the Game by You after any modification to the Terms, constitutes Your acceptance of the Terms as modified. You are advised to visit the Organiser to access the most current Terms. Through the Organiser, we may also share supplementary conditions applicable to the Contests or the Game. In such an event, your participation in the Contests and the Game will be governed by the Terms as well as any such supplementary terms that the Contests and the Game may be subject to.
- If any of the Terms are determined to be unlawful, invalid, void or unenforceable for any reason by any judicial or quasi - judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by You shall not be construed as a waiver of Our right to act with respect to the said breach or any prior, concurrent, subsequent or similar breaches.
- We may at Our sole discretion, (i) Restrict, suspend, or terminate any User's right to participate in the Game and the Contests; (ii) Change, suspend, or discontinue all or any part of the Game and the Contests; (iii) Establish general practices and limits concerning participation in the Game and the Contests; (iv) Revise or make additions to the roster of cricketers available for selection in a Contest on account of revisions to the roster of cricketers involved in the relevant Match (as defined herein); and (v) Assign Our rights and liabilities to all Users hereunder to any entity (without any prior intimation to you).
- In the event any User breaches, or SACHAR GAMING PVT. LTD. reasonably believes that such User has breached these Terms, or has illegally or improperly participated in the Game/Contests, SACHAR GAMING PVT. LTD. may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate the User's right to participate in all or any part of the Game/Contests and debar Users from participating in the Game/Contests, and further, take legal steps as it deems necessary.
- In case of any breach or violation by the User of these Terms, SACHAR GAMING PVT. LTD. will not be obligated to refund any Contest Fee/Platform Fee already paid in respect of any Contests, and any Prizes (as defined herein) due to such User credited to such User shall stand automatically forfeited.
- You may participate in Our Contests only if You are residing in India and are of 18 years of age or over as of the date of commencement of the Contest.
- You may not participate in the Contests if You are a resident of any state in India in which participating, organising or conducting of such paid Contests is prohibited, which states shall include, but not be limited to: Telangana, Odisha, Sikkim, Assam, Nagaland, Andhra Pradesh, Kerala. ("Prohibited States").
- Any information provided by You to Us, while purchasing a Participation Acknowledgement prior to participating in a Contest or during anytime subsequently while participating in the Game, should be complete and truthful.
- You hereby confirm that You are not a resident of the Prohibited States and that You will not now nor in the future, participate in the Contests from outside India or from within the Prohibited States. SACHAR GAMING PVT. LTD. reserves the right to restrict participation in the Game/Contests to any person, from time to time in Our sole discretion.
- You are aware that participation in the Contests may result in financial loss to You. With full knowledge of the facts and circumstances surrounding these Contests, you are voluntarily participating in the Contests and assume all responsibility for any risk resulting from Your participation, including all risk of financial loss.
- You represent that You have the experience and the requisite skills required to participate in the Contests and that You are not aware of any physical or mental condition that would impair Your capability to fully participate in the Contests. You further acknowledge that You are solely responsible for any consequence resulting from Your participating in the Contests or being associated with the Contests or around the Contests. You understand that SACHAR GAMING PVT. LTD. assumes no liability or responsibility for any financial loss that You may sustain as a result of participation in the Contests.
- You agree and acknowledge that SACHAR GAMING PVT. LTD. has the right to use in any manner whatsoever, all communication or feedback provided by You in relation to the Game/Contests.
- You understand any funds collected by the Organiser in relation to your participation in the Game/Contests, do not carry any interest or return.
- You shall not hold SACHAR GAMING PVT. LTD. responsible for not being able to play any Contest for which You may be eligible to participate. This includes, but is not limited to situations where an Organiser is unable to access the servers hosting the Game or You are suspected or determined to have violated of any of the Terms.
- You consent to receiving communications such as announcements, administrative messages and advertisements from SACHAR GAMING PVT. LTD. or any of its partners, licensors or associates.
- All players registered with valid email ID and Mobile number to be provided during registration will be eligible to receive promotion and campaign offers mailers, SMS & push notifications from Khelchamps.
- You may be required to give personal information for eligibility verification at the Organiser. You must provide Us with correct and accurate details in all fields requiring Your personal information, including, without limitation, Your name, email address, telephone number(s) etc.
- In the event You indicate, while entering an address, or We reasonably determine that You are a resident of the Prohibited States, you will not be permitted to proceed to enter any Contests.
- You acknowledge that We may, through the Organiser and at any time, require You to verify the correctness of this information and in order to do so may require additional documentary proof from You, failing which We reserve the right to suspend or terminate Your participation in the Contests.
- Any information provided by You to Us should be complete and truthful to the best of Your knowledge. We are not obliged to cross check or verify information provided by You and We will not take any responsibility for any outcome or consequence as a result of You providing incorrect information or concealing any relevant information from Us.
- You specifically understand and agree that We will not incur any liability for information provided by You to anyone, which may result in Your Participation Acknowledgement being misused by any other person.
- You also understand and agree that any payments made by you are purely for the purpose of participation in the Contests.
- We reserve the right to verify Your identity proof and address proof from time to time and to cancel any Prize should any inconsistencies arise in Our verification process. For the purpose of verification, we shall require from You.
- Photocopy of the User's PAN card;
- Photocopy of a government-issued residence proof;
- We are legally obliged to deduct Tax Deducted at Source (TDS) on all Prizes. In these cases, you will be required to furnish Your Permanent Account Number (PAN) duly issued to You by the income tax authorities if You have not already done so. Withdrawal of the Prizes at the Organiser will only be permitted once You provide correct and accurate PAN details, bank account details and proof of the same. These limits and rates are subject to change as per the prevailing rules and regulations. Our obligation in this regard is limited to deducting TDS as required by law and providing You an appropriate certificate of tax deduction. We neither advise You nor shall in any manner be responsible for Your individual tax matters.
Registration for a contest
- In order to register for the Contest(s), Participants are required to accurately provide the following information:
- Full Name
- Team Name(s)
- E-mail address
- State of Residence
- Date of birth
- Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
- In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland, Telangana Andhra Pradesh and Tamil Nadu, such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest.
- Once the Participants have entered the above information, and clicked on the "register" tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
Personal Information Verification
- SACHAR GAMING PVT. LTD. may from time to time attempt to validate your eligibility and verify Your participation in the Game/Contests. These attempts may be made via a phone call. In the event that We are not able to get in touch with You the first time around, we will make additional attempts to establish contact with You. If the phone number provided by You is not correct, we bear no responsibility for your participation in any Contest(s) being denied or rejected due to Our being unable to establish contact with You.
- If We are unable to reach You or if the validation is unsuccessful, we reserve the right to disallow You from participating in the Game/Contests until We are able to satisfactorily validate Your eligibility.
- In the event that We have made several attempts to reach out to You but have been unable to do so, we also reserve the right to permanently suspend Your right to participate in the Game/Contests and forfeit the amounts, if any, paid by You.
User Participation Restrictions
- You undertake that You Yourself will play the Contests, which You have joined, and You shall not use any form of external assistance to participate in the Contests. Any attempt to employ any such external assistance is strictly prohibited.
- Collusion between You and any other User(s) for participating in the Contests or any other form of fraud or cheating is strictly prohibited.
- When collusion or cheating is detected, SACHAR GAMING PVT. LTD. shall take appropriate action against offending Users, which may include Your disqualification from the Contest(s) and forfeiture of Your Contest Fee and may extend to permanent disqualification from taking part in all future Contests, based upon the gravity and time-frame of Your fraudulent or mala fide conduct.
- You are prohibited from taking part in the Game/Contests for any purpose that may be construed as money laundering or circumvention of applicable law/regulations.
- You shall not impersonate another person or User, attempt to get a Participation Acknowledgement, or other private information from a User.
- You shall not sell, trade, rent, lease, license, grant a security interest in, or transfer Your Participation Acknowledgment to any other person. You undertake that You will not purchase a Participation Acknowledgement on another person's behalf or collect any Prizes on such person's behalf or permit any other person to collect Prizes relating to a Participation Acknowledgement on your behalf.
- Any form of fraudulent activity including, attempting to use or using any other person's credit card(s), debit cards, net-banking usernames, passwords, authorization codes, prepaid cash cards, mobile phones, etc. for participating in the Contests is strictly prohibited.
- If You are an officer, director, employee, consultant or agent of SACHAR GAMING PVT. LTD. or a relative of such persons, you are not permitted to play either directly or indirectly, any Contests which entitle You to any Prize, other than in the course of Your engagement with SACHAR GAMING PVT. LTD.. For these purposes, the term 'relative' shall include a spouse, financially dependent parents, and children (including step-children).
- If You have been directly associated with setting up the Contests or such Contests' structure, you are not permitted to play either directly or indirectly, any Contests which entitle You to any Prize, other than in the course of Your engagement with SACHAR GAMING PVT. LTD.
- Through the Organiser, SACHAR GAMING PVT. LTD. offers the Contests in the form of a public league where Users can participate in the Contests with other Users without any restriction on participation (on a first-come-first-serve basis as the Contests all have a fixed number of slots).
- The number of participants required to make the Contest(s) operational will be pre-specified and once the number of participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of participants is less than the pre-specified number at the time of commencement of the round, such Contest(s) will not be operational and the Contest Fee (if any) paid by each User shall be returned to the User, through the Organiser without any charge or deduction. If a match is cancelled or abandoned after becoming operational, the Contest(s) for that match will not be operational and the Contest Fee paid by each participant shall be returned to the User, through the Organiser without any charge or deduction. To collect Your refund of the Contest Fee in case of the abovementioned instances, you will have to approach the Organiser and redeem Your Participation Acknowledgement.
- In order to participate in the Contest(s) and subject to these Terms, you must create a fantasy game team ("Team") consisting of eleven (11) real life cricketers involved in real-life cricket matches, (each a "Match") to which the Contest relates. Each User of the Contests will compete against other Users by picking their respective teams from the available squads. Once You have created Your Team, the Organiser shall record the details and input the same into certain servers, which are accessible to Us.
- The manner in which you can select a team and the restrictions applicable thereto, the points that will be awarded, substitutions that will be allowed and all other rules of the Contests will be governed by the Game Rules and any other rules and regulations (including rules and regulations in relation to any payments made to participate in the Contest(s); and Users may ask the Organiser for a copy of the Game Rules prior to participating in the Contests.
- Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the officials of the Sport Event or adjusted deadline, as specified below.
- SACHAR GAMING PVT. LTD. reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond SACHAR GAMING PVT. LTD.'s reasonable control, including but not limited to the ones' mentioned herein below:
- Actual match start time is before the official deadline:
- All sports other than Cricket-
- SACHAR GAMING PVT. LTD. reserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned. Cricket – SACHAR GAMING PVT. LTD. reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
- In cases where official match time cannot be verified by SACHAR GAMING PVT. LTD. through reliable and/or publicly available sources, SACHAR GAMING PVT. LTD. reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
- Actual match start time is after the official deadline: SACHAR GAMING PVT. LTD. reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
- SACHAR GAMING PVT. LTD. shall endeavour to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
- In Starting Lineup Feature: Purpose of indicating a player's inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on SACHAR GAMING PVT. LTD. While indicating a Player's inclusion in starting lineup is given by SACHAR GAMING PVT. LTD. on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. SACHAR GAMING PVT. LTD., shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
- Currently two formats of contest(s) are made available on SACHAR GAMING PVT. LTD. platform (1) Public Contest where Users can participate in a Contest with other Users without any restriction on participation and (2) private contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 500 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 500 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest(s) hereby authorize SACHAR GAMING PVT. LTD. to appoint a third party/ Trustee/Escrow Agent to manage user's funds on user's behalf.
- In the Public contest format of the Contest(s), SACHAR GAMING PVT. LTD. may make available the Contest(s) comprising of 2 - 100 Participants or any other pre-designated number of Participants.
- SACHAR GAMING PVT. LTD. may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests.
- The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction.
- In certain Contests across the SACHAR GAMING PVT. LTD. Services, designated as "Confirmed contests", the Contest(s) shall become operational only when a minimum of two users join a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Confirmed Contest, SACHAR GAMING PVT. LTD. shall continue with such contests and the short fall in the prize pool shall be borne by SACHAR GAMING PVT. LTD.
- In the Private contest format of the Contest(s), SACHAR GAMING PVT. LTD. enables Users to create a contest (""Private contest"") and invite other users, whether existing Users or otherwise, (""Invited User"") to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2 -100 Participants.
- There will be two types of Private contest
- Organiser Created Private Contest
- Participant Created Private Contest
- Organiser Created Private Contest: The Organiser creating the Private contest shall pay the pre-designated amount for creating such Private contest to company and thereby can send the invite only to his appointed participants or new interested participants to join that Private contest and shall supply a name for the Private contest that will be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the private contest. The Organiser creating the private contest will not be able to participate himself in any such contest and shall provide SACHAR GAMING PVT. LTD. with the email address, mobile number to send a message or e-mail inviting participants to register with SACHAR GAMING PVT. LTD. (if necessary) and participate in the private contest in relation to which the invite has been issued.
- Participant Created Private Contest: Participant creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code ("contest Code") (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest. The User creating the Private contest shall provide SACHAR GAMING PVT. LTD. with the email address, mobile number to send a message or e-mail inviting such Invited Users to register with SACHAR GAMING PVT. LTD. (if necessary) and participate in the Private contest in relation to which the invite has been issued.
- In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
- It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and SACHAR GAMING PVT. LTD. shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
- "Prize/s" shall mean the prizes (if any) due to Users in accordance with these Terms. The winner of a Contest ("Winner") will be primarily determined on the basis of the cumulative points accumulated by such User's Team. The User(s) whose Team has the most amount of aggregate points, relative to the Teams of other Users participating in the Contests will be declared as the Winner(s). Users can request the Organiser for information regarding Prizes regarding a particular Contest, prior to participation in the Contest.
- In case of a tie in the aggregate points accumulated by Users' Teams, the Winner will be determined in accordance with the tie breaker mechanism set out in the Game Rules. SACHAR GAMING PVT. LTD. shall not be liable to pay any Prize if it is discovered that the Winners have not abided by these Terms and other rules and regulations in relation to the Contests.
- All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. As of April 1, 2018, the TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30% 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 SACHAR GAMING PVT. LTD. 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.
- You understand and accept that Your participation in the Contests available does not create any obligation on Us to give You a Prize. Your winning a Prize is entirely dependent on Your skill as a player vis-a-vis other players in the Contests and subject to these Terms and the rules of the particular Contests.
- We shall not be responsible for inaccurate details regarding any Prizes given to the participants by any third party.
- Subject to availability of Prizes, we reserve the right to substitute any Prize with another Prize of similar or equivalent value without prior notice. In the event there is a delay in the availability of the Prize, we reserve the right to delay the delivery to the Winner.
- Prizes are unique to the User and are non-transferable and are not exchangeable. In the event You attempt to transfer any Prizes, these will be forfeited.
- All transactions in relation to the Contest shall be in Indian Rupees.
- We reserve the right to charge a Platform Fee for providing You with the Contests, which would be specified and notified to You by the Organiser prior to Your joining of such Contests.
- Each Contest has a Contest Fee depending on the kind of Contest, kind of Prizes, level of participation and other factors per Our discretion.
- The Platform Fee and Contest Fee specified are exclusive of GST and any other applicable indirect taxes.
- You may use credit cards / debit cards / net banking / online payment wallets / to remit the required amount to the Organiser with respect to participating in the Contests. You agree not to raise any complaint or claim against SACHAR GAMING PVT. LTD. in respect of any delay, including any lost opportunity to join any Contests or round due to delay in processing of any Contest Fee or Platform Fee.
- Your participation, once confirmed, is final and no cancellation is permissible.
- A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting SACHAR GAMING PVT. LTD. Customer Support. The minimum amount that can be withdrawn by a User from his/her Unutilised Account is Rs. 100 (Rupees Hundred Only). All amounts credited into a User's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, SACHAR GAMING PVT. LTD. reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
- Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to SACHAR GAMING PVT. LTD. but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Winnings Account. In either case, SACHAR GAMING PVT. LTD. shall effect an online transfer to the User's bank account on record with SACHAR GAMING PVT. LTD. within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. SACHAR GAMING PVT. LTD. shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User's bank account on record with SACHAR GAMING PVT. LTD. Users are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for SACHAR GAMING PVT. LTD. to process the withdrawal request. The name mentioned on the User's photo identification document should correspond with the name provided by the User at the time of registration on SACHAR GAMING PVT. LTD., as well as the name and address existing in the records of the User's bank account as provided to SACHAR GAMING PVT. LTD. In the event that no bank account has been registered by the User against such User's account with SACHAR GAMING PVT. LTD., or the User has not verified his/her User account with SACHAR GAMING PVT. LTD., to SACHAR GAMING PVT. LTD.'s satisfaction and in accordance with these Terms and Conditions, SACHAR GAMING PVT. LTD. shall provide such User with a notification to the User's email address as on record with SACHAR GAMING PVT. LTD. at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, SACHAR GAMING PVT. LTD. shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide SACHAR GAMING PVT. LTD. with a valid bank account or valid identification documents (to SACHAR GAMING PVT. LTD.'s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
- Further, in order to conduct promotional activities, SACHAR GAMING PVT. LTD. may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by SACHAR GAMING PVT. LTD. and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of SACHAR GAMING PVT. LTD. and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by SACHAR GAMING PVT. LTD. on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by SACHAR GAMING PVT. LTD. to such User. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with SACHAR GAMING PVT. LTD. or such account if terminated by SACHAR GAMING PVT. LTD., all Cash Bonus granted to the user shall return to SACHAR GAMING PVT. LTD. and the User shall not have any right or interest on such points.
- All Cash Bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 14 days from the date of credit.
- The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that SACHAR GAMING PVT. LTD. has on third parties, any transactions on SACHAR GAMING PVT. LTD. Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against SACHAR GAMING PVT. LTD. in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the
- A transaction, once confirmed, is final and no cancellation is permissible. SACHAR GAMING PVT. LTD. may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
- SACHAR GAMING PVT. LTD. may, at its sole and absolute discretion, refund the amount to You after deducting applicable cancellation charges and taxes. Prior to paying for participation in the Game/Contests, you may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
- You may face service disruptions, including, but not limited to disconnection or communication interferences due to issues in the internet infrastructure used for providing the Contests by Organiser. You understand that SACHAR GAMING PVT. LTD. has no control over these factors. SACHAR GAMING PVT. LTD. shall not be responsible for any interruption in the provision of the Contests and You take full responsibility for any risk of loss due to such interruptions for any such reason.
User Participation Suspension
- SACHAR GAMING PVT. LTD. may at its sole and absolute discretion suspend or otherwise put restrictions on Your participation in the Game/Contests during investigation for suspected violation of the Terms or any other abuse of Your Participation Acknowledgement. Our decision to suspend or restrict Your access to the Game/Contests or any part thereof as We deem appropriate shall be final and binding on You.
Breach and consequences
- In the event of breach of any of the Terms being evidenced from Our investigation or if there is reasonable belief, in Our sole discretion, that Your participation in the Contests is detrimental to the interests of SACHAR GAMING PVT. LTD., our other Users or the general public; We may in Our sole discretion take any or all of the following actions:
- Restrict Users suspected of colluding or cheating from participating in the Contests.
- Permanently suspend and terminate Your right to participate in the Contests
- Demand damages for breach and take appropriate civil action to recover such damages; and/or
- Initiate prosecution for violations that amount to offences in law.
- Additionally, in the event of committing material breach hereof, we reserve the right to bar You from future participation in the Contests.
- The decision of SACHAR GAMING PVT. LTD. on the action to be taken as a consequence of breach shall be final and binding on You.
- Any action taken by SACHAR GAMING PVT. LTD. shall be without prejudice to Our other rights and remedies available in law or equity.
Limitation of Liability; Indemnification
- Users shall participate in the Contests voluntarily and at Their own risk. SACHAR GAMING PVT. LTD. shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity while participating in the Contest(s) or as a result of acceptance of any Prize.
- By participating in the Contests, Users hereby release from and agree to indemnify SACHAR GAMING PVT. LTD., and/or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out of participation in the Contests (but not limited to) personal injury and damage to property whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on Their part, or otherwise.
- SACHAR GAMING PVT. LTD. accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to any Prizes.
- In consideration of SACHAR GAMING PVT. LTD. allowing Users to participate in the Contests, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against SACHAR GAMING PVT. LTD., its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of participation in the Contests or related to the Contests or Prizes of the Contests.
- In addition to specific references to limitation of liability of SACHAR GAMING PVT. LTD. elsewhere in the Terms, under no circumstances (including, without limitation, in contract, negligence or other tort) shall SACHAR GAMING PVT. LTD. be liable for any injury, loss, claim, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with Your participation, or inability to participate in the Contests. You further agree to indemnify Us and Our service providers and licensors against any claims in respect of any such matter.
- Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that We are not liable to You for:
- the defamatory, undesirable or illegal conduct of any other User taking part in the Game/Contests
- any loss whatsoever arising from the use, abuse or misuse of Your Participation Acknowledgement
- any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with the Organiser, and your participation in the Contests
- any delay or failure on Our part to intimate You where We may have concerns about Your activities
- any delay in the provision of any Prize to You pursuant to Your participation in a Contest; and
- any warranty or service related issue arising out of or in relation to Your availing or usage of any Prize issued to You pursuant to Your participation in a Contest
- Without prejudice to the provisions of these Terms, SACHAR GAMING PVT. LTD.'s liability to You, and any person claiming through You pursuant to or in respect of any Contest(s), under law, contract or any other theory of liability, in aggregate, shall be limited to the amount of Platform Fee charged by SACHAR GAMING PVT. LTD. in relation to such Contest(s).
- The Game is provided strictly on an "as is" basis with all faults or failings. Any representations, warranties, conditions or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) are specifically excluded to the fullest extent permitted by law.
- Additionally, SACHAR GAMING PVT. LTD. does not promise or ensure that an Organiser will be able to facilitate Your participation in the Game/Contests. It is entirely possible that an Organiser may not be able to facilitate Your participation, and/or receive a receipt at times or for extended periods of time due to, but not limited to, system maintenance and updates.
- SACHAR GAMING PVT. LTD. disclaims responsibility and liability for any harm resulting from cancellation of any Contest organized by it. If You are playing a Contest, you acknowledge and agree that You will not be entitled to any refund in case of any service outages that may be caused by failures of the Organiser, computer viruses or contaminants, natural disasters, war, civil disturbance, or any other cause beyond the reasonable control of SACHAR GAMING PVT. LTD.
- SACHAR GAMING PVT. LTD. specifically disclaims any liability in connection with the Contests made available which may require specific statutory permissions, in the event such permissions are denied or cancelled whether prior to or during such Contest or event.
- SACHAR GAMING PVT. LTD. specifically disclaims any liability arising out of the acts or omissions of the infrastructure providers or otherwise failure of internet services used by Organiser for facilitating the Contests.
- SACHAR GAMING PVT. LTD. specifically disclaims any liability arising of the conduct or supply of goods or provision of services by its vendors, or any damage or injury arising out of Your usage of such goods or availing of such services. YOU AGREE THAT YOUR USAGE OR EXERCISE OF A PRIZE SHALL BE AT YOUR SOLE RISK.
- SACHAR GAMING PVT. LTD. disclaims liability for any risk or loss resulting to You from Your participation in the Contests, including all risk of financial loss.
- To the extent permitted by law, and in consideration for being allowed to participate in the Contests, You hereby agree to indemnify, save and hold harmless and defend Us (to the extent of all benefits and awards, cost of litigation, disbursements and reasonable attorney's fees that We may incur in connection therewith including any direct, indirect or consequential losses, any loss of profit and loss of reputation) from any claims, actions, suits, taxes, damages, injuries, causes of action, penalties, interest, demands, expenses and/or awards asserted or brought against Us by any person in connection with:
- defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise
- use, abuse or misuse of Your Participation Acknowledgement in any manner whatsoever
- any disconnections, technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communication lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection the Organiser; and
- access/use of Your Participation Acknowledgement by any other person, whether or not with Your authorization.
- Users shall be solely responsible for any consequences, which may arise due to Their participation in the Game/Contests by conducting an illegal act or due to non-conformity with these Terms and other rules and regulations in relation to the Contests. Users also undertake to indemnify SACHAR GAMING PVT. LTD. and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by SACHAR GAMING PVT. LTD. on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold SACHAR GAMING PVT. LTD. harmless from any third party/entity/organization claims arising from or related to such User's participation in any Contests. In no event shall SACHAR GAMING PVT. LTD. be liable to any User for acts or omissions arising out of or related to User's participation in any Contests.
- You may write to firstname.lastname@example.org to notify Us of any grievances or concerns that You may have in relation to Contests or Organiser or to otherwise provide Us with feedback concerning the same. We may seek additional information concerning Your grievance or feedback, but any such communication from Us shall not be construed as making a commitment, representation or warranty to review, respond to or redress any grievance or feedback provided. You shall not claim or demand any royalty or fees from Us in case We make any changes or update Our Contests pursuant to Your feedback. Governing law, dispute resolution and jurisdiction
- In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
- The place of arbitration shall be Mumbai. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
- The arbitration award will be final and binding on the Parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
- Nothing contained in these Terms shall prevent SACHAR GAMING PVT. LTD. from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard SACHAR GAMING PVT. LTD.'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 SACHAR GAMING PVT. LTD. to pursue any remedy for monetary damages through the arbitration described herein.
TABULATION OF FANTASY POINTS - KHELCHAMPS
- KhelChamps may use third party service provider/s and/or official website of the match organiser to get score feed and other information that is required for the calculation of the fantasy points. In case, chances of which are almost zero, there is any error in the calculation of fantasy points, selection of winners etc., due to the inaccurate feed provided by the third-party service provider/s, KhelChamps will do its best to rectify the error before the distribution of prizes. KhelChamps depends on the accuracy of feeds provided by the third-party service providers; however, it does not warrant the accuracy of such feeds received. Hence, KhelChamps won't take any responsibility if there are inaccuracies in computation of fantasy points or selection of winners. Regarding this, users and participants agree not to make any claim or raise any complaint
In case of Rank Collusion, winning will be split equally between all the teams who has scored same points.
- If due to any reason, what so ever, there are no winners in an any particular expert team and if the same team has got highest fantasy points in that contest, then the second highest fantasy team will be declared as a winner.
MINIMUM PAYOUT CAP
- KhelChamps always does what is in the best interest for its participants to keep the spirit of fantasy gaming alive. Hence, we have put a minimum payout cap in each expert team for every contest, i.e if in any contest a particular expert team's FWR (Final Winning Rate) goes below the investment, then we will return the invested amount for that particular transaction in that particular contest.
- In case a player from a team of 11 players is not in the playing 11 for whatever reason then substitute 1 will replace that player in the final team. Similarly, two players miss the match then substitute 1 & 2 will replace those players and so on.
- If captain miss the match, then the vice-captain will become the captain & player 3 will become the vice-captain. If both captain and vice-captain miss the match, then player 3 will become captain and player 4 become vice-captain.
SPOT & WIN GAME
- Spot & Win is a Skill based competition wherein a user is required to use their skill, judgement, experience & knowledge of cricket to identify the winning spot.