Age Restrictions
1. People below the age of eighteen (18) years are not allowed to participate on any of the
contests, games (by whatever name called) on the PaySmart11 Platform. The
Users will have to disclose their real age at the time of getting access into
the PaySmart11 Platform.
2. Once the Participants have entered the above information, and clicked on the
"SignUp" tab, and such Participants are above the age of 18 years,
they are sent an email confirming their registration and containing their login
information.
3. The Contest(s) are open only to persons above the age of 18 years.
4. If it is found that a Participant playing the paid formats of the Contest(s) is under
the age of eighteen (18), PaySmart11 shall be entitled, at its sole and
absolute discretion, to disqualify such Participant and forfeit his/her prize.
Further, PaySmart11 may, at its sole and absolute discretion, suspend or
terminate such Participant's account.
1. Introduction to PaySmart11
PaySmart11 is the flagship brand of PaySmart11.com("PaySmart11"). Through PaySmart11, along with its sub-pages, and the PaySmart11 App, PaySmart11 as
used herein shall be construed as a collective reference to PaySmart11 and
the PaySmart11 App.
2. Usage of PaySmart11
Any person("User") accessing PaySmart11 or the PaySmart11 App ('PaySmart11 platform') for participating in the various contests and games
(including fantasy games), available on PaySmart11 platform
("Contest(s)") ('PaySmart11 Services') shall be bound by these
Terms and Conditions, and all other rules, regulations and terms of use
referred to herein or provided by PaySmart11 in relation to any PaySmart11 Services. PaySmart11 shall be entitled to modify these Terms and
Conditions, rules, regulations and terms of use referred to herein or provided
by PaySmart11 in relation to any PaySmart11 Services, at any time, by
posting the same on PaySmart11. Use of PaySmart11 constitutes the User's
acceptance of such Terms and Conditions, rules, regulations and terms of use
referred to herein or provided by PaySmart11 in relation to any PaySmart11 Services, as may be amended from time to time. PaySmart11 may, at its
sole discretion, also notify the User of any change or modification in these
Terms and Conditions, rules, regulations and terms of use referred to herein or
provided by PaySmart11, by way of sending an email to the User's registered
email address or posting notifications in the User accounts. The User may then
exercise the options provided in such an email or notification to indicate
non-acceptance of the modified Terms and Conditions, rules, regulations and
terms of use referred to herein or provided by PaySmart11. If such options
are not exercised by the User within the time frame prescribed in the email or
notification, the User will be deemed to have accepted the modified Terms and
Conditions, rules, regulations and terms of use referred to herein or provided
by PaySmart11. Certain PaySmart11 Services being provided on PaySmart11 may be subject to additional rules and regulations set down in that respect.
To the extent that these Terms and Conditions are inconsistent with the
additional conditions set down, the additional conditions shall prevail. PaySmart11 may, at its sole and absolute discretion: Restrict, suspend, or
terminate any User's access to all or any part of PaySmart11 or PaySmart11 Platform Services; Change, suspend, or discontinue all or any part of the PaySmart11 Platform Services; Reject, move, or remove any material that may be
submitted by a User; Move or remove any content that is available on PaySmart11 Platform; Deactivate or delete a User's account and all related information
and files on the account; Establish general practices and limits concerning use
of PaySmart11 Platform; Revise or make additions to the roster of players
available for selection in a Contest on account of revisions to the roster of
players involved in the relevant Sports Event; Assign its rights and
liabilities to all User accounts here-under to any entity (post such assignment
intimation of such assignment shall be sent to all Users to their registered
email ids) In the event any User breaches, or PaySmart11 reasonably believes
that such User has breached these Terms and Conditions, or has illegally or
improperly used PaySmart11 or the PaySmart11 Services, PaySmart11 may,
at its sole and absolute discretion, and without any notice to the User,
restrict, suspend or terminate such User's access to all or any part of PaySmart11 Contests or the PaySmart11 Platform, deactivate or delete the
User's account and all related information on the account, delete any content
posted by the User on PaySmart11 and further, take technical and legal steps
as it deems necessary. If PaySmart11 charges its Users a platform fee in
respect of any PaySmart11 Services, PaySmart11 shall, without delay,
repay such platform fee in the event of suspension or removal of the User's
account or PaySmart11 Services on account of any negligence or deficiency on
the part of PaySmart11, but not if such suspension or removal is effected
due to: any breach or inadequate performance by the User of any of these Terms
and Conditions; or any circumstances beyond the reasonable control of PaySmart11. Users consent to receiving communications such as announcements,
administrative messages and advertisements from PaySmart11 or any of its
partners, licensors or associates.
3. INTELLECTUAL PROPERTYs
PaySmart11 includes a combination of content created by PaySmart11, its partners, affiliates,
licensors, associates and/or Users. The intellectual property rights
("Intellectual Property Rights") in all software underlying PaySmart11 and the PaySmart11 Platform and material published on PaySmart11,
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 PaySmart11, 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 PaySmart11 either in whole or in part without
express written license from PaySmart11. Users may request permission to use
any PaySmart11 content by writing in to PaySmart11 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 PaySmart11 ("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 PaySmart11. Users agree to indemnify and hold
harmless PaySmart11, 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 PaySmart11, by such User or through
the User's commissions or omissions. Users hereby grant to PaySmart11 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 PaySmart11 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 PaySmart11(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 PaySmart11.
4. THIRD PARTY SITES, SERVICES AND PRODUCTS
PaySmart11 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. PaySmart11 does not exercise control over any Internet sites
apart from PaySmart11and cannot be held responsible for any content residing
in any third-party Internet site. PaySmart11's inclusion of third-party
content or links to third-party Internet sites is not an endorsement by PaySmart11 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 PaySmart11 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. PaySmart11 contains
content that is created by PaySmart11 as well as content provided by third
parties. PaySmart11 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 PaySmart11 Services provided on PaySmart11
including while participating in any of the contests hosted on PaySmart11.
5. PRIVACY POLICY
All information collected from Users, such as registration and credit card information, is
subject to PaySmart11's Privacy Policy which is available at Privacy
Policy
6. USER CONDUCT
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms
of use of the Website. In the event User does not abide by these Terms and
Conditions and all other rules, regulations and terms of use, PaySmart11
may, at its sole and absolute discretion, take necessary remedial action,
including but not limited to: restricting, suspending, or terminating any
User's access to all or any part of PaySmart11 Services; deactivating or
deleting a User's account and all related information and files on the account.
Any amount remaining unused in the User's Game account or Winnings Account on
the date of deactivation or deletion shall be transferred to the User's bank
account on record with PaySmart11 subject to a processing fee (if any)
applicable on such transfers as set out herein; or refraining from awarding any
prize(s) to such User. Users agree to provide true, accurate, current and
complete information at the time of registration and at all other times (as
required by PaySmart11). Users further agree to update and keep updated
their registration information. A User shall not register or operate more than
one User account with PaySmart11. Users agree to ensure that they can
receive all communication from PaySmart11 by marking e-mails or sending SMSs
from PaySmart11 as part of their "safe senders" list. PaySmart11 shall not be held liable if any e-mail/SMS remains unread by a User as a
result of such e-mail getting delivered to the User's junk or spam folder. Any
password issued by PaySmart11 to a User may not be revealed to anyone else.
Users may not use anyone else's password. Users are responsible for maintaining
the confidentiality of their accounts and passwords. Users agree to immediately
notify PaySmart11 of any unauthorized use of their passwords or accounts or
any other breach of security. Users agree to exit/log-out of their accounts at
the end of each session. PaySmart11 shall not be responsible for any loss or
damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or
any unauthorised third party software designed to modify or interfere with PaySmart11 Services and/or PaySmart11 experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or otherwise transfer any right
to the technology or software underlying PaySmart11 or PaySmart11’s
Services. Users agree that without PaySmart11's express written consent,
they shall not modify or cause to be modified any files or software that are
part of PaySmart11's Services. Users agree not to disrupt, overburden, or
aid or assist in the disruption or overburdening of (a) any computer or server
used to offer or support PaySmart11 or the PaySmart11’s Services (each a
"Server"); or (2) the enjoyment of PaySmart11 Services by any
other User or person. Users agree not to institute, assist or become involved
in any type of attack, including without limitation to distribution of a virus,
denial of service, or other attempts to disrupt PaySmart11 Services or any
other person's use or enjoyment of PaySmart11 Services. Users shall not
attempt to gain unauthorised access to the User accounts, Servers or networks
connected to PaySmart11 Services by any means other than the User interface
provided by PaySmart11, including but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or assisting any
other person to circumvent or modify, any security, technology, device, or
software that underlies or is part of PaySmart11 Services. Without limiting
the foregoing, Users agree not to use PaySmart11 for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national,
objectionable, defamatory or abusive action or communication; To harass, stalk,
threaten, or otherwise violate any legal rights of other individuals; To
publish, post, upload, e-mail, distribute, or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory, infringing,
obscene, indecent, or unlawful content; To Transmit files that contain viruses,
corrupted files, or any other similar software or programs that may damage or
adversely affect the operation of another person's computer, PaySmart11, any
software, hardware, or telecommunications equipment; To advertise, offer or
sell any goods or services for any commercial purpose on PaySmart11 without
the express written consent of PaySmart11; To Transmit content regarding
services, products, surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters; To download any file,
recompile or disassemble or otherwise affect our products that you know or
reasonably should know cannot be legally obtained in such manner; To falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area
within our sites; To collect or store personal information about other Users;
To interfere with or disrupt PaySmart11, servers, or networks; To
impersonate any person or entity, including, but not limited to, a
representative of PaySmart11, or falsely state or otherwise misrepresent
User's affiliation with a person or entity; To forge headers or manipulate
identifiers or other data in order to disguise the origin of any content
transmitted through PaySmart11 or to manipulate User's presence on PaySmart11(s); To take any action that imposes an unreasonably or
disproportionately large load on our infrastructure; To engage in any illegal
activities. You agree to use our bulletin board services, chat areas, news
groups, forums, communities and/or message or communication facilities
(collectively, the "Forums") only to send and receive messages and
material that are proper and related to that particular Forum. If a User
chooses a username that, in PaySmart11's considered opinion is obscene,
indecent, abusive or that might subject PaySmart11 to public disparagement
or scorn, PaySmart11 reserves the right, without prior notice to the User,
to change such username and intimate the User or delete such username and posts
from PaySmart11, deny such User access to PaySmart11, or any combination
of these options. Unauthorized access to PaySmart11 is a breach of these
Terms and Conditions, and a violation of the law. Users agree not to access PaySmart11 by any means other than through the interface that is provided by PaySmart11 for use in accessing PaySmart11. Users agree not to use any
automated means, including, without limitation, agents, robots, scripts, or
spiders, to access, monitor, or copy any part of our sites, except those
automated means that we have approved in advance and in writing. Use of PaySmart11 is subject to existing laws and legal processes. Nothing contained in
these Terms and Conditions shall limit PaySmart11's right to comply with
governmental, court, and law-enforcement requests or requirements relating to
Users' use of PaySmart11. Users may reach out to PaySmart11 through -
Helpdesk if the user has any concerns with regard to a match and/or contest
within Forty Eight (48) hours of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on
any of the contests, games (by whatever name called) on the PaySmart11
Platform. The Users will have to disclose their real age at the time of getting
access into the PaySmart11 Platform. PaySmart11 may not be held
responsible for any content contributed by Users on the PaySmart11.
7. Conditions of Participation
By entering a Contest, user agrees to be bound by these Terms and the decisions of PaySmart11. Subject to the terms and conditions stipulated herein below, the Company,
at its sole discretion, may disqualify any user from a Contest, refuse to award
benefits or prizes and require the return of any prizes, if the user engages in
unfair conduct, which the Company deems to be improper, unfair or otherwise
adverse to the operation of the Contest or is in any way detrimental to other
Users which includes, but is not limited to: Falsifying ones’ own personal
information (including, but not limited to, name, email address, bank account
details and/or any other information or documentation as may be requested by PaySmart11 to enter a contest and/or claim a prize/winning.; Engaging in any type
of financial fraud or misrepresentation including unauthorized use of
credit/debit instruments, payment wallet accounts etc. to enter a Contest or
claim a prize. It is expressly clarified that the onus to prove otherwise shall
solely lie on the user.; Colluding with any other user(s) or engaging in any
type of syndicate play; Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated
bots, or other automated means; Using automated means (including but not
limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain,
collect or access any information on the Website or of any User for any purpose
Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse
of any other offers or promotions; Tampering with the administration of a
Contest or trying to in any way tamper with the computer programs or any
security measure associated with a Contest; Obtaining other users’ information
without their express consent and/or knowledge and/or spamming other users
(Spamming may include but shall not be limited to send unsolicited emails to
users, sending bulk emails to PaySmart11 Users, sending unwarranted email
content either to selected Users or in bulk); or Abusing the Website in any way
(‘unparliamentary language, slangs or disrespectful words’ are some of the examples
of Abuse) It is clarified that in case a User is found to be in violation of
this policy, PaySmart11 reserves its right to initiate appropriate
Civil/Criminal remedies as it may be advised other than forfeiture and/or
recovery of prize money if any.
8. Registration
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.
9. Contest(s) Participation and Prizes
As part of its services, PaySmart11 may make available the contest(s) on the PaySmart11
platform. Currently, following contests are made available on PaySmart11 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. PaySmart11 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 PaySmart11 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 PaySmart11 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 PaySmart11 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 PaySmart11 Services.
However, unless PaySmart11 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 PaySmart11 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 PaySmart11 in its sole discretion. Participant shall pay a pre-designated amount for
participating in the contest(s) being created on the PaySmart11
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).
10. Contest Formats
Currently two formats of contest(s) are made available on PaySmart11 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). Public contest In the Public contest format of the Contest(s), PaySmart11 11 may make available the Contest(s) comprising of 2 - 100 Participants
or any other pre-designated number of Participants. PaySmart11 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 PaySmart11 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 PaySmart11. Private contest In the Private contest format of the
Contest(s), PaySmart11 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 PaySmart11 with the email address or Facebook account
username of Invited Users to enable PaySmart11 to send a message or mail
inviting such Invited User to register with PaySmart11 (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 a 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 PaySmart11 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).
11. Legality of Game of Skill
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 PaySmart11
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.
12. Payment Terms
In respect of any transactions entered into on the PaySmart11 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 PaySmart11 Services charged by PaySmart11
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. PaySmart11 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 PaySmart11 reserves the right to charge a Platform Fee, which
would be specified and notified by PaySmart11 on the Contest page, being
created on PaySmart11 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 PaySmart11 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 PaySmart11 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 PaySmart11 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 Unutlized Account’. Each time a User participates
in any contest on PaySmart11 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 PaySmart11 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, PaySmart11 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 PaySmart11 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, PaySmart11 shall effect an online transfer
to the User's bank account on record with PaySmart11 within a commercially
reasonable period of time. Such transfer will reflect as a debit to the User's
Winnings Account. PaySmart11 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 PaySmart11. 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 PaySmart11 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 PaySmart11, as well as the name and address
existing in the records of the User's bank account as provided to PaySmart11.
In the event that no bank account has been registered by the User against such
User's account with PaySmart11, or the User has not verified his/her User
account with PaySmart11, to PaySmart11's satisfaction and in accordance
with these Terms and Conditions, PaySmart11 shall provide such User with a
notification to the User's email address as on record with PaySmart11 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, PaySmart11 shall be entitled to forfeit
any amounts subject to transfer on the Auto Transfer Date. Failure to provide PaySmart11 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, PaySmart11 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 PaySmart11 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 PaySmart11 and cannot be demanded by any User as a matter of right. The issue of any
such amount by PaySmart11 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 PaySmart11 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 PaySmart11 or such account if terminated by PaySmart11, all bonus points granted to the user shall return to PaySmart11
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 PaySmart11, 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 PaySmart11 has on
third parties, any transactions on PaySmart11 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 PaySmart11 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. PaySmart11 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.
13. Tabulation of fantasy points
PaySmart11 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, PaySmart11 shall use best efforts to rectify such error prior to the distribution of
prizes. However, PaySmart11 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 PaySmart11 in this respect.
14. Selection and Verification of Winners and Conditions relating to the Prizes
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, PaySmart11 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. PaySmart11 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 PaySmart11, Contest, "Fantasy Rules", etc. Contacting Winners
Winners shall be contacted by PaySmart11 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. PaySmart11 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 PaySmart11. 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. PaySmart11 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 web-page on the
PaySmart11. The winners will also be intimated by e-mail. In the event
that a Participant has been declared a Winner on the abovementioned web-page
but has not received any communication from PaySmart11, such Participant may
contact PaySmart11 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 PaySmart11 shall be permitted to withdraw/receive their
accumulated winnings (or any part thereof). PaySmart11 shall not entertain
any claims or requests for extension of time for submission of documents.
PaySmart11 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 PaySmart11 that any document or information submitted by the Participant is
incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfill 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 the
aforementioned rate in the future, TDS will be deducted by PaySmart11 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 PaySmart11 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, PaySmart11 shall disqualify such
Participant and forfeit any prize won by such Participant. Further PaySmart11 may, at its sole and absolute discretion, suspend or terminate such
Participant's account with PaySmart11. 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 PaySmart11, 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), PaySmart11 shall be entitled, at its sole and absolute
discretion, to disqualify such Participant and forfeit his/her prize. Further, PaySmart11 may, at its sole and absolute discretion, suspend or terminate such
Participant's account. To the extent permitted by law, PaySmart11
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. PaySmart11 may, at its sole and absolute discretion, vary or
modify the prizes being offered to winners. Participants shall not raise any
claim against PaySmart11 or question its right to modify such prizes being
offered, prior to closure of the Contest. PaySmart11 will not bear any
responsibility for the transportation or packaging of prizes to the respective
winners. PaySmart11 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.
15. Publicity
Acceptance of a prize by the Winner constitutes permission for PaySmart11, 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 PaySmart11 without any charge. The exact dates remain the sole discretion of PaySmart11. Promotional activities may include but not be limited to press
events, internal meetings and ceremonies/functions.
16. General Conditions
If it comes to the notice of PaySmart11 that any governmental, statutory or regulatory
compliances or approvals are required for conducting any Contest(s) or if it
comes to the notice of PaySmart11 that conduct of any such Contest(s) is
prohibited, then PaySmart11 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 PaySmart11, will not be eligible
to participate in any Contest(s).
17. Dispute and Dispute Resolution
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 PaySmart11
Services provided by PaySmart11 (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 PaySmart11, 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
PaySmart11 from seeking and obtaining interim or permanent equitable or
injunctive relief, or any other relief available to safeguard PaySmart11'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 PaySmart11 to pursue any remedy for monetary damages through the arbitration
described herein.
18. Release and Limitations of Liability
Users shall access the PaySmart11 Services provided on PaySmart11 voluntarily and at their
own risk. PaySmart11 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 PaySmart11 Services (including
participation in the Contest(s)) or as a result of acceptance of any prize. By
entering the contests and accessing the PaySmart11 Services provided
therein, Users hereby release from and agree to indemnify PaySmart11, 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 PaySmart11 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. PaySmart11 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 PaySmart11 Services by conducting an illegal act or
due to non-conformity with these Terms and Conditions and other rules and
regulations in relation to PaySmart11 Services, including provision of
incorrect address or other personal details. Users also undertake to indemnify PaySmart11 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 PaySmart11 on account of such act on the part of the Users. Users shall
indemnify, defend, and hold PaySmart11 harmless from any third
party/entity/organization claims arising from or related to such User's
engagement with the PaySmart11 or participation in any Contest. In no event
shall PaySmart11 be liable to any User for acts or omissions arising out of
or related to User's engagement with the PaySmart11 or his/her participation
in any Contest(s). In consideration of PaySmart11 allowing Users to access
the PaySmart11 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 PaySmart11, 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 PaySmart11 Services or related to the
Contests or the prizes of the Contests.
19. Disclaimers
To the extent permitted under law, neither PaySmart11 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, PaySmart11 shall not be responsible for any harm
resulting from downloading or accessing any information or material, the
quality of servers, games, products, PaySmart11 services or sites,
cancellation of competition and prizes. PaySmart11 disclaims any
responsibility for, and if a User pays for access to one of PaySmart11's
Services the User will not be entitled to a refund as a result of, any
inaccessibility that is caused by PaySmart11's maintenance on the servers or
the technology that underlies our sites, failures of PaySmart11'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, PaySmart11 does not provide any
warranty as to the content on the PaySmart11(s). PaySmart11(s) content is
distributed on an "as is, as available" basis. Any material accessed,
downloaded or otherwise obtained through PaySmart11 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. PaySmart11 shall
make best endeavours to ensure that the PaySmart11(s) is error-free and
secure, however, neither PaySmart11 nor any of its partners, licensors or
associates makes any warranty that: the PaySmart11(s) will meet Users'
requirements, PaySmart11(s) will be uninterrupted, timely, secure, or error
free the results that may be obtained from the use of PaySmart11(s) will be
accurate or reliable; and the quality of any products, PaySmart11 Services,
information, or other material that Users purchase or obtain through PaySmart11com(s) will meet Users' expectations. In case PaySmart11 discovers any
error, including any error in the determination of Winners or in the transfer
of amounts to a User's account, PaySmart11 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, PaySmart11
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 PaySmart11
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 PaySmart11 Services, events or Contest(s)
being hosted or provided, or intended to be hosted on PaySmart11 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 PaySmart11
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, or claims, on any nature whatsoever.
20. Miscellaneous
PaySmart11 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
PaySmart11 posting them on the PaySmart11 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 PaySmart11. If they do not provide PaySmart11 with accurate information, PaySmart11 cannot be held liable for failure to notify the User. PaySmart11
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 PaySmart11'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, labor or
materials or any cancellation of any cricket match
to which a Contest relates. In such circumstances, PaySmart11 shall also be
entitled to cancel any related Contest(s) and to process an appropriate refund
for all Participants. PaySmart11'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 PaySmart11 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 PaySmart11 Gaming Private Limited and govern your use of the PaySmart11,
superseding any prior agreements that any User may have with PaySmart11
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. PaySmart11 reserves the right
to moderate, restrict or ban the use of the PaySmart11, specifically to any
User, or generally, in accordance with PaySmart11's policy/policies from
time to time, at its sole and absolute discretion and without any notice. PaySmart11 may, at its sole and absolute discretion, permanently close or
temporarily suspend any PaySmart11 Services (including any
Contest(s)).
21. Standard Terms and Conditions of Promotions
These standard terms and conditions of promotions (“Standard Terms”) supplement the terms of
promotions undertaken on the PaySmart11 website and which reference these
Standard Terms (each a “Promotion”): Participation in any Promotion will be
subject to a user complying with the Promotion Terms implemented by PaySmart11 in respect of such Promotion (“Promotion Terms”) and these Standard Terms.
By participating in any Promotion, the participant further consents to and
agrees to adhere with the terms and conditions of the PaySmart11 game and PaySmart11’s privacy policy. The Promotions are only open to users in India.
Participation in the Promotions by proxy is not permitted. Participation in the
Promotions is voluntary. Participation in one Promotion does not guarantee that
such user will be eligible to participate in another Promotion. A user may
participate in a Promotion and avail of each Promotion only through one
account. An existing user of PaySmart11 shall not register a new account or operate
more than one user account with PaySmart11 or participate in a Promotion by
registering a new account. Users intending to participate in a Promotion may be
required to verify their mobile number and other account details in accordance
with the Promotion Terms for such Promotion. Persons intending to participate
in a Promotion, who have listed their phone numbers on the National Do Not Call
Registry (“NDNC Registry”), shall de-register themselves from themselves from
the NDNC Registry till the completion of such Promotion (including the delivery
of Bonus Amount (if any) or the free-entry (if any) under such Promotion). Such
persons agree not to make any claim or raise any complaint whatsoever against PaySmart11 in this respect. Please note that persons intending to participate in
a Promotion who have not de-registered themselves from the NDNC Registry shall
also have no right to make any claim or raise any complaints against PaySmart11 if they do or do not receive any call or SMS with respect to their participation
and all other matters pertaining to a Promotion. The verification process may
require you to submit personal information about yourself. You agree to receive
communication from PaySmart11. Any information collected in respect of your
identity and contact details as part of a Promotion or otherwise in the course
of your use of the PaySmart11 Website shall be subject to PaySmart11’s
Privacy Policy PaySmart11 may, at its sole and absolute discretion,
disqualify any user from a Promotion if such user engages in or it is found
that such user has engaged in any illegal, unlawful or improper conduct (with
regard to any of the Promotions or otherwise). The Bonus Amount (if any)
deposited into the user’s account can be used to join cash contests and
contests on PaySmart11. However, the Bonus Amount (if any) cannot be: (i)
used to join 2-member contests; or (ii) withdrawn or transferred to any other
cash balance account held by you with PaySmart11 or to any third-party
account or to any bank/payment instrument account. THE BONUS AMOUNT (IF ANY)
SHALL EXPIRE AND BE WITHOUT EFFECT AT THE END OF FIFTEEN DAYS FROM THE DATE OF
CREDIT OF THE BONUS AMOUNT (IF ANY). The deposit of the Bonus Amount (if
applicable) or the grant of the free-entry (if any) shall be at the sole
discretion of PaySmart11 and shall be subject to the user’s compliance with
these Standard Terms and the applicable Promotion Terms. PaySmart11 may
substitute or change the Bonus Amount (if any) or free-entry (if any) offered
under a Promotion at any time without notice. Users may not substitute Bonus
Amount (if any) or free-entry (if any) for other items or exchange for cash. PaySmart11 reserves the right to withhold or forfeit the benefits of a Promotion
(including a free-entry or Bonus Amount due to a participant or any prizes/winnings
earned by the participant by using such benefits) in the event that it
determines or reasonably believes that the participating user has violated
these Standard Terms, the applicable Promotion Terms or the terms and
conditions of the PaySmart11 fantasy game(s). Mere participation in a
Promotion does not entitle the participant to receive any free-entry or Bonus
Amount(s) indicated as a prize under such Promotion. The decision of PaySmart11 will be final and binding with respect to the Promotions, and the prizes
therein and no correspondence, objection, complaints, etc. will be entertained
in this regard. Each Promotion cannot be clubbed with any of other
contest/offer/promotion that are running simultaneously and organised or
conducted by PaySmart11. PaySmart11 reserves the right to
change/modify/or withdraw any of the Promotions and/or change these Standard
Terms and/or the Promotion Terms without any prior notice of the same at its
sole discretion. PaySmart11 does not make any commitment, express or
implied, to respond to any feedback, suggestion and, or, queries of the
participants of the Promotions. Notwithstanding anything contained herein, the
aggregate liability of PaySmart11 to a participating user in relation to any
Promotion for any reason whatsoever shall not exceed Rs. 50. The Promotions
shall be governed by the laws of the Republic of India, and any disputes or
disagreements in respect of this Promotion shall be subject to the exclusive
jurisdiction of the courts of Mumbai.
22. Standard Terms and Conditions of "Cashback Promotion"
This “Cashback Promotion” (“Promotion"), is open for participation to existing users of PaySmart11 who have not previously participated in a pay-to-play contest on PaySmart11. Users are required to make a deposit and participate in their first
pay-to-play cricket contest on PaySmart11 through the ‘Pro’ version of PaySmart11’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 PaySmart11 who who are eligible to participate in the pay-to
play PaySmart11 fantasy games (as per PaySmart11 ’s terms and condition
(accessible here) but who have not previously participated in a pay-to-play
cricket contest on PaySmart11 . An ‘existing user’ of PaySmart11 shall
mean a user who presently operates an account with the PaySmart11 or
operated an account with PaySmart11 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 PaySmart11
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 PaySmart11 fantasy cricket contest that the participating user participates in
through the Designated Platforms after the registration of such user’s account
with PaySmart11 (“First Game”). Upon joining the First Game, you will
receive an email on your email address as registered with your PaySmart11
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 PaySmart11 through Platforms other than the Designated Platforms; (ii) for any
non-cricket pay-to-play PaySmart11 contest in which such user participates;
or (iii) for any pay-to-play PaySmart11 contest in which such user
participates through platforms other than the Designated Platforms; or (iv) for
any pay-to-play PaySmart11 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 PaySmart11 contest in which such user participates; or
(vi) for any pay-to-play PaySmart11 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 PaySmart11 contest in which such user
participates and which is cancelled by PaySmart11 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 PaySmart11 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 PaySmart11 . 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.
23. Standard Terms and Conditions of "Invite Friends" program
The PaySmart11 Invite Friends Program lets you invite friends to join PaySmart11
("Program"). In the event that you and your referred friend meet the
criteria and complete all the steps specified in these terms, you and your
friend can earn a Cash Bonus from PaySmart11 of upto Rs. 100 ("Bonus
Amount"), which Bonus Amount will be redeemable to join cash contests and
contests through the PaySmart11’s mobile application for the iOS and/or
Android mobile devices ("PaySmart11 Application"). To participate
in the Program, please note our terms and conditions ("Terms") in
this respect, as they govern your participation in the Program: Eligibility –
All users who: (i) have an account registered with PaySmart11's fantasy
gaming platform ("Platform") which account has been verified by PaySmart11 ; and (ii) are eligible to participate in the pay-to play PaySmart11 fantasy cricket, (as per the PaySmart11's terms and conditions) and
(iii) have downloaded and installed the PaySmart11 Application on their
respective mobile devices, will be eligible to participate in the Program.
Participation in the Program by proxy is not permitted. Participation in the
Program is voluntary. A user shall not register or operate more than one user
account with PaySmart11 and shall not participate in the Program with more
than one user account with PaySmart11 . By participating in the
Program, you agree to and accept these Terms. For the purpose of participation
in the Program, you are required to have the PaySmart11 Application
downloaded and installed on your mobile device. Through the PaySmart11
Application, you will be provided with a unique link or code, which can be
shared by you ("Inviter") with friends (each an "Invitee")
for the purpose of inviting such friends to create and register an account with
PaySmart11 and download the PaySmart11 Application. On receiving the link
or code from the Inviter, the Invitee may either: (i) Click on the link,
consequent to which such Invitee will be directed to a registration page and
will be provided the option to register an account with PaySmart11 and
download and install the PaySmart11 Application on his/her device; or (ii)
download and install the PaySmart11 Application on his/her device
independently, register for a PaySmart11 account through the PaySmart11
Application and enter the unique code shared by the Inviter where prompted in
the PaySmart11 Application. The Inviter and the Invitee will be eligible to
earn the Bonus Amount subject to (amongst other terms specified in these
Terms): (i) the Invitee not being an existing user of PaySmart11 ; and (ii)
the Inviter and Invitee being eligible to participate in the pay-to play PaySmart11 fantasy cricket, and (iii) the Invitee successfully registering for an
account with PaySmart11 through the unique link or by using the unique code
shared by the Inviter; and (iv) the Inviter and Invitee agreeing to the license
agreement for the PaySmart11 Application and downloading and installing the PaySmart11 Application as available for the Inviter’s and Invitee’s respective mobile
devices; and (v) the Inviter and Invitee verifying the Inviter’s and the
Invitee’s respective mobile number as provided at the time of registration
within thirty (30) days from the date on which Invitee registers for an account
with PaySmart11 ("Verification Period"). For the purposes of these
Terms, an 'existing user of PaySmart11 shall mean a user who presently
operates an account with the Platform or operated an account with the Platform
at any point of time. An Invitee who is an existing user of PaySmart11 is
not permitted to register a new account with the Platform for the purpose of
availing of the Bonus Amount. PaySmart11 will determine in its sole
discretion whether an Invitee is an existing user of PaySmart11 or not and
take appropriate action. The verification process may require an
Inviter/Invitee to submit personal information about the user (Inviter/Invitee)
and documents identifying the Inviter/Invitee. The Inviter agrees to receive
communication from PaySmart11 and to allow PaySmart11 to communicate with
Invitees referred by you about the Inviter's participation in the Program. Any
information collected in respect of the Inviter/Invitee as part of the Program
or otherwise in the course of such person's use of the Website shall be subject
to PaySmart11 's Privacy Policy. The verification of an Inviter/Invitee
shall be completed at the time of first withdrawal by the Inviter/Invitee from
the Inviter’s/Invitee's 'Your Winnings' account or 'Your Deposits' account with
the Platform. An Inviter/Invitee may voluntarily seek verification of the
Inviter/Invitee by clicking on the 'Verify Now' tab of the Account Balance page
of the Inviter/Invitee's account with the Platform. In the event that the
Invitee opts to register for a PaySmart11 account through the PaySmart11
Application, the Invitee can verify his/her contact information at the time of
registration. The Invitee will be eligible to earn a Bonus of Rs.100 (“Invitee
Bonus”) upon a) successful verification of the Invitee’s mobile number. b)
Provided that the Invitee completes the step mentioned in a) above within the
Verification Period, the applicable Invitee Bonus shall be credited to the
Invitee's Cash Bonus Account with the Platform, within fifteen (15) days of
completion of successful verification of the Invitee’s mobile number. In the
event that the Invitee fails to verify the Invitee's mobile number within the
Verification Period or omits to provide documents requested for such
verification, the Invitee shall not receive the applicable Invitee Bonus
specified above due to the Invitee for completing such verification process.
Inviter Bonus a) In order for an Inviter to be eligible to earn the
Bonus Amount due to him/her ("Inviter Bonus"), the Inviter must also
download and install the PaySmart11 Application on his/her mobile device
verify his/her mobile number and email address prior to the completion of the
Verification Period. b) The credit of the Inviter Bonus is contingent on the
Invitee's participation in cash contests on the Platform. For every Rs. 1 spent
by the Invitee to join cash contests on the Platform, the Inviter will be
eligible to earn a bonus amount of Rs. 1 subject to a maximum of Rs. 100. As an
example, in the event that the invitee uses Rs. 100 from his Cash Bonus Account
or Unutilized Account to join a cash contest or contest through a PaySmart11
Application, the Inviter shall be eligible to receive Rs. 100 as Inviter Bonus
upon the successful completion of such contest or contest, provided that the
Inviter has successfully completed the requisite steps detailed in a) above
that make him/her eligible to receive such amount. c) Subject to the provisions
of a) and b) above, the applicable Inviter Bonus earned by the Inviter shall be
credited to the Inviter's Cash Bonus Account within fifteen (15) days of the completion
of the cash contest or contest in which Invitee has used the Invitee Bonus or
within fifteen (15) days of the Inviter completing the relevant step
verification process, as the case may be. In the event that the Inviter fails
to complete any of the verification steps within the Verification Period or
omits to provide documents requested for such verification, the Inviter shall
not be eligible to earn the applicable Inviter Bonus. d) It is clarified that
the Inviter will be eligible to receive the Inviter Bonus with respect to any
contests or contests only in the event the winners are declared for such
contests or contests only. In the event that the entry fee paid by the Invitee
is refunded to the Invitee with respect to any cash contest or contest, for any
reason, the Inviter shall not be eligible to receive any Inviter Bonus for such
contest or contest. The Bonus Amounts credited to the Inviter/Invitee can be
used by the Inviter/Invitee to join cash contests and contests offered by PaySmart11 through the Platform. No part of the Bonus Amount may be used to join
private contests or be withdrawn or transferred to any other cash balance
account held by the Inviter/Invitee with PaySmart11 or to any third-party
account or to any bank/payment instrument account. THE BONUS AMOUNT SHALL
EXPIRE AND BE WITHOUT EFFECT AT THE END OF FIFTEEN DAYS FROM THE DATE OF CREDIT
OF THE BONUS AMOUNT. The deposit of the Bonus Amount shall be at the sole
discretion of PaySmart11 and shall be subject to the Inviter’s/Invitee’s
compliance with these Terms. PaySmart11 may substitute or change the Bonus
Amount offered under the Program at any time without notice. An Inviter/Invitee
may not substitute the amount of Bonus Amount or substitute offering for other
items or exchange for cash. PaySmart11 reserves the right to: withhold the
deposit of the Bonus Amount; and/or forfeit any deposited Bonus Amount to an
Inviter/Invitee or any prizes/winnings earned by the participant by using such
Bonus Amount; and/or deactivate the accounts of the Inviter/Invitee, in the
event that it determines or reasonably believes that such Inviter/Invitee has
violated these Terms or the terms and conditions of the PaySmart11 fantasy
games. Mere participation in the Program does not entitle the Inviter/Invitee
to receive any Bonus Amount. PaySmart11 may, at its sole and absolute
discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in
or it is found that such Inviter/Invitee has engaged in any illegal, unlawful
or improper conduct (with regard to the Program or otherwise). The decision of PaySmart11 will be final and binding with regard to the Program, and the deposit
of the Bonus Amount and no correspondence, objection, complaints, etc. will be
entertained in this regard. This Program cannot be clubbed with any other
contests/promotions/programs that are running simultaneously and organised or
conducted by PaySmart11. PaySmart11 reserves the right to
change/modify/or withdraw the Program and/or change these terms and conditions
without any prior notice of the same at its sole discretion. The Terms and
Conditions, as applicable to the PaySmart11's fantasy games and services,
will apply to and govern the Program. PaySmart11 does not make any
commitment, express or implied, to respond to any feedback, suggestion and, or,
queries of the participants (Inviter/Invitee) of the Program. Notwithstanding
anything contained herein, the aggregate liability of PaySmart11 to a
participating Inviter/Invitee in relation to the Program for any reason
whatsoever shall not exceed Rs.100.
24. Standard Terms and Conditions of the Promotion
This "March deposit bonus offer" ("Promotion"), is open to select users of PaySmart11 (You) to whom the offer is communicated. This offer cannot be shared
with any other user of PaySmart11 other than those who receive the message
from PaySmart11. 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 PaySmart11 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 PaySmart11 who are eligible to participate in the pay-to-play PaySmart11 contests as per PaySmart11’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 PaySmart11 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 PaySmart11 into your PaySmart11
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 PaySmart11 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.