KheloFantasy is the flagship brand of Gig Work Private Limited.Through KheloFantasy, along with its sub-pages, and the KheloFantasy App, KheloFantasy has used herein shall be construed as a collective reference to KheloFantasy and the KheloFantasy App.
KHELOFANTASY includes a combination of content created by KHELOFANTASY, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying KHELOFANTASY and the KHELOFANTASY Platform and material published on KHELOFANTASY, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by KHELOFANTASY, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on KHELOFANTASY either in whole or in part without express written license from KHELOFANTASY. Users may request permission to use any KHELOFANTASY content by writing in to KHELOFANTASY Helpdesk. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on KHELOFANTASY ("Users' Content"). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User's Content and that no part of the User's Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third party on KHELOFANTASY. Users agree to indemnify and hold harmless KHELOFANTASY, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on KHELOFANTASY, by such User or through the User's commissions or omissions. Users hereby grant to KHELOFANTASY and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users' Content for any of the following purposes: displaying Users' Content on KHELOFANTASY distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or storing Users' Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Users' Content in any form, medium, or technology. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on KHELOFANTASY(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to KHELOFANTASY.
KHELOFANTASY may contain links to other Internet sites owned and operated by third parties. Users' use of each of those sites is subject to the conditions, if any, posted by the sites. KHELOFANTASY does not exercise control over any Internet sites apart from KheloFantasy cannot be held responsible for any content residing in any third-party Internet site. KHELOFANTASY's inclusion of third-party content or links to third-party Internet sites is not an endorsement by KHELOFANTASY of such third-party Internet site. Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that KHELOFANTASY will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor. KHELOFANTASY contains content that is created by KHELOFANTASY as well as content provided by third parties. KHELOFANTASY does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the KHELOFANTASY Services provided on KHELOFANTASY including while participating in any of the contests hosted on KHELOFANTASY.
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 Password State of Residence Gender 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 or Telangana, such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below. 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.
As part of its services, KHELOFANTASY may make available the contest(s) on the KHELOFANTASY platform. Currently, following contests are made available on KHELOFANTASY platform: A fantasy cricket game. Individual users wishing to participate in the such contest ("Participants") are invited to create their own fantasy teams ("Team/s") consisting of real life cricketers involved in the real-life cricket match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. KHELOFANTASY offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams. Participants can edit their teams till the official match start time as declared by the officials of the Sport Event. Teams are awarded points on the basis of the real-life cricketers' performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the Contests. The Contest(s) across the KHELOFANTASY Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by: "Fantasy Rules" available at How To Play - Fantasy Cricket 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 KHELOFANTASY platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing KHELOFANTASY services and pre-determined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page. A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the KHELOFANTASY Services. However, unless KHELOFANTASY specifies otherwise in relation to any Contest ("Multiple Entry Contest"), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that KHELOFANTASY 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 KHELOFANTASY in its sole discretion. Participant shall pay a pre-designated amount for participating in the contest(s) being created on the KHELOFANTASY platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana, such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
Currently two formats of contest(s) are made available on KHELOFANTASY 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 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). Public contest In the Public contest format of the Contest(s), KHELOFANTASY may make available the Contest(s) comprising of 2 - 100 Participants or any other pre-designated number of Participants. KHELOFANTASY 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 KHELOFANTASY Services, designated as "Confirmed contests", the Contest(s) shall become operational even if a single Participant joins 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, yous11 shall continue with such contests and the short fall in the prize pool shall be borne by KHELOFANTASY. Private contest In the Private contest format of the Contest(s), KHELOFANTASY 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. The User 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, except for a change in the name of the contest. The User creating the Private contest shall provide KHELOFANTASY with the email address or Facebook account username of Invited Users to enable KHELOFANTASY to send a message or mail inviting such Invited User to register with KHELOFANTASY (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 KHELOFANTASY 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).
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill. The Contest (s) described above (across the KHELOFANTASY Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points. By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
In respect of any transactions entered into on the KHELOFANTASY platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms: The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee for access to the KHELOFANTASY Services charged by KHELOFANTASY and pre-determined participant’s contribution towards prize money pool. Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning Escrow Account with a Trustee, which is responsible for management of user account and prize pool, until determination of the Winners and distribution of prizes. KHELOFANTASY receives only its share of the platform Fees through the said Escrow Agent and has no control over the User Funds held by the Escrow Agent in a dedicated non-interest earning Escrow Account. The KHELOFANTASY reserves the right to charge a Platform Fee, which would be specified and notified by KHELOFANTASY on the Contest page, being created on KHELOFANTASY platform, prior to a User's joining of such Contest. The Platform Fee (inclusive of applicable tax thereon) will be debited from the User’s account balance and KHELOFANTASY shall issue an invoice for such debit to the User. The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that KHELOFANTASY has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee. Any user availing KHELOFANTASY services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third-party account, including a bank account held by a third party: User's winnings in any Contest will reflect as credits to the User's Winnings Account. User’s remitting the amount the designated payment gateway shall be credited to User’s Unutilized Account’. Each time a User participates in any contest on KHELOFANTASY platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account. In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s) or for withdrawal in accordance with these Terms and Conditions. Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first. A User shall be permitted to withdraw any amounts credited into such User's 'Unutilized' Account for any reason whatsoever by contacting KHELOFANTASY Customer Support. 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, KHELOFANTASY 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 KHELOFANTASY 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, KHELOFANTASY shall affect an online transfer to the User's bank account on record with KHELOFANTASY within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. KHELOFANTASY 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 KHELOFANTASY. 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 for KHELOFANTASY 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 KHELOFANTASY, as well as the name and address existing in the records of the User's bank account as provided to KHELOFANTASY. In the event that no bank account has been registered by the User against such User's account with KHELOFANTASY, or the User has not verified his/her User account with KHELOFANTASY, to KHELOFANTASY's satisfaction and in accordance with these Terms and Conditions, KHELOFANTASY shall provide such User with a notification to the User's email address as on record with KHELOFANTASY 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, KHELOFANTASY shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide KHELOFANTASY with a valid bank account or valid identification documents (to Dream11'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, KHELOFANTASY may gratuitously issue Bonus points (Called as Cash Bonus) to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. The usage of any points issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such points must be used, as applied by KHELOFANTASY and notified to the User at the time of issue of such amount. The issue of any points to the user is subject to the sole discretion of KHELOFANTASY and cannot be demanded by any User as a matter of right. The issue of any such amount by KHELOFANTASY on any day shall not entitle the user to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by KHELOFANTASY to such User. The bonus points/Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The bonus points shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with KHELOFANTASY or such account if terminated by KHELOFANTASY, all bonus points granted to the user shall return to KHELOFANTASY 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 15 days from the date of credit. The cash bonus shall lapse at the end of 15 days and the cash bonus amount shall not reflect in the User account Users agree that once they confirm a transaction on KHELOFANTASY, they shall be bound by and make payment for that transaction. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that KHELOFANTASY has on third parties, any transactions on KHELOFANTASY Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the bonus points or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against KHELOFANTASY in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts A transaction, once confirmed, is final and no cancellation is permissible. KHELOFANTASY 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.
KHELOFANTASY may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). 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, KHELOFANTASY shall use best efforts to rectify such error prior to the distribution of prizes. However, KHELOFANTASY 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 and Participants agree not to make any claim or raise any complaint against KHELOFANTASY in this respect.
Selection of Winners Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, KHELOFANTASY 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 Contest. Participants creating Teams on behalf of any other Participant or person shall be disqualified. In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants. KHELOFANTASY 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 KHELOFANTASY, Contest, "Fantasy Rules", etc. Contacting Winners Winners shall be contacted by KHELOFANTASY or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents: Photocopy of the User's PAN card; Photocopy of a government-issued residence proof; User's bank account details and proof of the same. KHELOFANTASY 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 KHELOFANTASY. 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. Participants are required to provide proper and complete details at the time of registration. KHELOFANTASY shall not be responsible for communications errors, commissions or omissions including those of the Participants due to which the results may not be communicated to the Winner. The list of Winners shall be posted on a separate webpage on the KHELOFANTASY. The winners will also be intimated by e-mail. In the event that a Participant has been declared a Winner on the abovementioned webpage but has not received any communication from KHELOFANTASY, such Participant may contact KHELOFANTASY within the time specified on the webpage. Verification process Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by KHELOFANTASY shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). KHELOFANTASY shall not entertain any claims or requests for extension of time for submission of documents. KHELOFANTASY shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following matches: Determination by KHELOFANTASY that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or Participant does not fulfil the Eligibility Criteria specified in Clause 10 above; or Any other match. Taxes Payable 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 31.2% of the total prize money amount. In case of any revisions by the Government of India to a mentioned rate in the future, TDS will be deducted by KHELOFANTASY 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. Miscellaneous The decision of KHELOFANTASY with respect to the awarding of prizes shall be final, binding and non-contestable. Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states - Assam, Odisha, Sikkim, Nagaland, or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, KHELOFANTASY shall disqualify such Participant and forfeit any prize won by such Participant. Further KHELOFANTASY may, at its sole and absolute discretion, suspend or terminate such Participant's account with KHELOFANTASY. Any amount remaining unused in the User's Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User's bank account on record with KHELOFANTASY, subject to the processing fee (if any) applicable on such transfers as set out herein. If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), KHELOFANTASY shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, KHELOFANTASY may, at its sole and absolute discretion, suspend or terminate such Participant's account. To the extent permitted by law, KHELOFANTASY makes no representations or warranties as to the quality, suitability or merchantability of any prizes and shall not be liable in respect of the same. KHELOFANTASY may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against KHELOFANTASY or question its right to modify such prizes being offered, prior to closure of the Contest. KHELOFANTASY will not bear any responsibility for the transportation or packaging of prizes to the respective winners. KHELOFANTASY shall not be held liable for any loss or damage caused to any prizes at the time of such transportation. The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes. The Winners shall bear all transaction charges levied for delivery of cash prizes. All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Acceptance of a prize by the Winner constitutes permission for KHELOFANTASY, and its affiliates to use the Winner's name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. The Winners further undertake that they will be available for promotional purposes as planned and desired by KHELOFANTASY without any charge. The exact dates remain the sole discretion of KHELOFANTASY. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of KHELOFANTASY that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of KHELOFANTASY that conduct of any such Contest(s) is prohibited, then KHELOFANTASY shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner. Employees, directors, affiliates, relatives and family members of KHELOFANTASY, will not be eligible to participate in any Contest(s).
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 KHELOFANTASY Services provided by KHELOFANTASY (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the User(s) (including Participants) or KHELOFANTASY, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("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 Delhi, India. 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 and Conditions shall prevent KHELOFANTASY from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard KHELOFANTASY'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 KHELOFANTASY to pursue any remedy for monetary damages through the arbitration described herein.
Users shall access the KHELOFANTASY Services provided on KHELOFANTASY voluntarily and at their own risk. KHELOFANTASY 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 during the course of access to the KHELOFANTASY Services (including participation in the Contest(s)) or as a result of acceptance of any prize. By entering the contests and accessing the KHELOFANTASY Services provided therein, Users hereby release from and agree to indemnify KHELOFANTASY, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the KHELOFANTASY Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise. KHELOFANTASY accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes. Users shall be solely responsible for any consequences which may arise due to their access of KHELOFANTASY Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to KHELOFANTASY Services, including provision of incorrect address or other personal details. Users also undertake to indemnify KHELOFANTASY 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 KHELOFANTASY on account of such act on the part of the Users. Users shall indemnify, defend, and hold KHELOFANTASY harmless from any third party/entity/organization claims arising from or related to such User's engagement with the KHELOFANTASY or participation in any Contest. In no event shall KHELOFANTASY be liable to any User for acts or omissions arising out of or related to User's engagement with the KHELOFANTASY or his/her participation in any Contest(s). In consideration of KHELOFANTASY allowing Users to access the KHELOFANTASY Services, 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 KHELOFANTASY, 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 the provision of KHELOFANTASY Services or related to the Contests or the prizes of the Contests.
To the extent permitted under law, neither KHELOFANTASY nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material. To the extent permitted under law, KHELOFANTASY shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, KHELOFANTASY services or sites, cancellation of competition and prizes. KHELOFANTASY disclaims any responsibility for, and if a User pays for access to one of KHELOFANTASY's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by KHELOFANTASY's maintenance on the servers or the technology that underlies our sites, failures of KHELOFANTASY's service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, KHELOFANTASY does not provide any warranty as to the content on the KHELOFANTASY(s). KHELOFANTASY(s) content is distributed on an "as is, as available" basis. Any material accessed, downloaded or otherwise obtained through KHELOFANTASY is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User's computer system or loss of data that results from a User's download of any such material. KHELOFANTASY shall make best endeavours to ensure that the KHELOFANTASY(s) is error-free and secure, however, neither KHELOFANTASY nor any of its partners, licensors or associates makes any warranty that: the KHELOFANTASY(s) will meet Users' requirements, KHELOFANTASY(s) will be uninterrupted, timely, secure, or error free the results that may be obtained from the use of KHELOFANTASY(s) will be accurate or reliable; and the quality of any products, KHELOFANTASY Services, information, or other material that Users purchase or obtain through KheloFantasy(s) will meet Users' expectations. In case KHELOFANTASY discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, KHELOFANTASY reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, KHELOFANTASY agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same. To the extent permitted under law, neither KHELOFANTASY nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages. Any KHELOFANTASY Services, events or Contest(s) being hosted or provided, or intended to be hosted on KHELOFANTASY platform and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant KHELOFANTASY Services, events or Contest(s) are hosted or provided. To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
KHELOFANTASY may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon KHELOFANTASY posting them on the KHELOFANTASY or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the KHELOFANTASY. If they do not provide KHELOFANTASY with accurate information, KHELOFANTASY cannot be held liable for failure to notify the User. KHELOFANTASY shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond KHELOFANTASY's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labour or materials or any cancellation of any cricket/football/basketball/kabaddi match to which a Contest relates. In such circumstances, KHELOFANTASY shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants. KHELOFANTASY's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the KHELOFANTASY or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred. These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and KHELOFANTASY Gaming Private Limited and govern your use of the KHELOFANTASY, superseding any prior agreements that any User may have with KHELOFANTASY Gaming Private Limited. If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force. KHELOFANTASY reserves the right to moderate, restrict or ban the use of the KHELOFANTASY, specifically to any User, or generally, in accordance with KHELOFANTASY's policy/policies from time to time, at its sole and absolute discretion and without any notice. KHELOFANTASY may, at its sole and absolute discretion, permanently close or temporarily suspend any KHELOFANTASY Services (including any Contest(s)).
This “Cashback Promotion” (“Promotion"), is open for participation to existing users of KHELOFANTASY who have not previously participated in a pay-to-play contest on KHELOFANTASY. Users are required to make a deposit and participate in their first pay-to-play cricket contest on KHELOFANTASY through the ‘Pro’ version of KHELOFANTASY’s mobile application for iOS and/or Android mobile devices, (collectively, the “Designated Platforms”), to be eligible to receive a Bonus Amount credited into their Cash Bonus Account, subject to these Terms. Terms and Conditions of the Promotion Please note our terms and conditions (“Terms”) in this respect, as they govern your participation in the Promotion: Eligibility – Participation in the Promotion is only available to existing users of KHELOFANTASY who who are eligible to participate in the pay-to play KHELOFANTASY fantasy games (as per KHELOFANTASY ’s terms and condition (accessible here) but who have not previously participated in a pay-to-play cricket contest on KHELOFANTASY . An ‘existing user’ of KHELOFANTASY shall mean a user who presently operates an account with the KHELOFANTASY or operated an account with KHELOFANTASY at any point of time. By participating in the Promotion, you agree to comply with these Terms, the Standard Terms and Conditions for Promotions and the terms and conditions of the KHELOFANTASY game (accessible here). The Promotion will be open for participation for such time periods as may be published from time to time on the Designated Platforms (each a “Promotion Period”). To participate in the Promotion, you must, during a Promotion Period and before the expiry of a Promotion Period participate in the First Game (defined below) before the expiry of the applicable Promotion Period. The Promotion is available only respect of the first pay-to-play KHELOFANTASY fantasy cricket contest that the participating user participates in through the Designated Platforms after the registration of such user’s account with KHELOFANTASY (“First Game”). Upon joining the First Game, you will receive an email on your email address as registered with your KHELOFANTASY account, which email will summarize the terms and mechanics of the Promotion. After the completion of your participation in the First Game and in the event that your winnings (if any) from the First Game are less than the entry fees paid by you to enter the First Game, you shall be eligible to receive a cash bonus equal to the entry fee paid by you for participation in the First Game after deduction of any winnings received by you pursuant to your participation in the First Game (“Bonus Amount”). The maximum Bonus Amount creditable under this Promotion shall be an amount of Rs. 101. A user shall be eligible to receive the Bonus Amount only in case the difference between the entry fees paid by the user for such user’s participation in the First Game and the winnings (if any) received by the user from such First Game is a positive figure. A participating user is required to pay the entire entry fee for the First Game from such user’s “Unutilized” account to be eligible to receive the Bonus Amount. In the event that a user pays the entry fee for the First Game, either in whole or in part, by using any amounts deposited in such user’s Cash Bonus Account, such user will not be eligible to receive the Bonus Amount. It is clarified that a participating user shall not be eligible to receive any Bonus Amount: (i) if such user registers or creates an account with KHELOFANTASY through Platforms other than the Designated Platforms; (ii) for any non-cricket pay-to-play KHELOFANTASY contest in which such user participates; or (iii) for any pay-to-play KHELOFANTASY contest in which such user participates through platforms other than the Designated Platforms; or (iv) for any pay-to-play KHELOFANTASY contest in which such user participates after the First Game or before or after the applicable Promotion Period; or (v) for any private pay-to-play KHELOFANTASY contest in which such user participates; or (vi) for any pay-to-play KHELOFANTASY contest in which such user participates and which remains unfilled prior to the commencement of the match to which it relates; or (vii) for any pay-to-play KHELOFANTASY contest in which such user participates and which is cancelled by KHELOFANTASY due to the match to which it relates being abandoned. In case you are eligible to receive the Bonus Amount after the completion of the First Game, you shall receive an email on your email address as registered with your KHELOFANTASY account. The email will specify the declared winners of the First Game and confirm the Bonus Amount you are eligible to receive, if any. The email will also contain a link which you will be prompted to click, and which redirect you to your Cash Bonus Account page on KHELOFANTASY . The Bonus Amount, if any, credited to your Cash Bonus Account will be reflected in the list of recent transactions displayed on your Cash Bonus Account page. No person shall seek participation in the Promotion as a matter of right. THE BONUS AMOUNT SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FIFTEEN DAYS FROM THE DATE OF CREDIT OF THE BONUS AMOUNT.
This "March deposit bonus offer" ("Promotion"), is open to select users of KHELOFANTASY (You) to whom the offer is communicated. This offer cannot be shared with any other user of KHELOFANTASY other than those who receive the message from KHELOFANTASY. Under this Promotion, the selected users who make at least one Qualifying Deposit (as defined below) during the Promotion Period (defined below) will be eligible to receive a cash bonus amount ("Bonus Amount"), the value of which will be dependent on the value of the Qualifying Deposit credited into their KHELOFANTASY Deposit Account, in accordance with, and subject to the users’ full compliance with these Terms (defined below).
Please note our terms and conditions ("Terms") in this respect, as they govern your participation in the Promotion: Eligibility – Participation in the Promotion is only available to only select registered users of KHELOFANTASY who are eligible to participate in the pay-to-play KHELOFANTASY contests as per KHELOFANTASY’s terms and conditions (accessible here).
By participating in this Promotion, you agree to comply with these Terms, along with the Standard Terms and Conditions for Promotions and the terms and conditions of the KHELOFANTASY game (accessible here). To participate in the Promotion, you must make at least one cash deposit of the exact amount as communicated to you by KHELOFANTASY into your KHELOFANTASY account during the Promotion Period to be eligible to receive the Bonus Amount as informed and communicated to you. Please note that only the Qualifying Deposits made by you during the Promotion Period shall be considered for the purpose of determining whether you are eligible to receive the Bonus Amount and not any deposits that are made by the you into your KHELOFANTASY account after the Promotion Period.
There is no maximum limit on the number of Qualifying Deposits that may be made by you during the Promotion Period. However, the Bonus Amount shall be credited only for your First Qualifying Deposit amount only. The maximum Bonus Amount that shall be credited to your Cash Bonus Account pursuant to this Promotion shall be as per the communication received by you. Un-utilized Cash Bonus will expire in 15 days from the date that it has been credited.