USE OF THE SITE
Ultimate11 is the flagship brand of Pecunia Marketing Pvt. Ltd. (“Ultimate11”). Ultimate11 as used herein shall be construed as a collective reference to Ultimate11 and the Ultimate11 Application as well as website.
These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date.” Your use of the Site following a change to these Terms, signals your acceptance of the modification(s).
Ultimate11 may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of Ultimate11 or Ultimate11 Platform Services.
- Change, suspend, or discontinue all or any part of the Ultimate11 Platform Services.
- Reject, move, or remove any material that may be submitted by a User.
- Move or remove any content on Ultimate11 Platform.
- Deactivate or delete a User's account and all related information and files on the account.
- Establish general practices and limits concerning the use of Ultimate11 Platform. Offer discounts to its users in form it deems fit ("Cash Bonus"). All such discounts shall be credited in a separate account called as Cash Bonus Account.
- Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event.
- Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered email IDs).
- In the event any User breaches, or Ultimate11 reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Ultimate11 or the Ultimate11 Services, Ultimate11 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 Ultimate11 Contests or the Ultimate11 Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Ultimate11 and further, take any technical and legal steps as it deems necessary.
If Ultimate11 charges its Users a platform fee in respect of any Ultimate11 Services, Ultimate11 shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Ultimate11 Services on account of any negligence or deficiency on the part of Ultimate11, but not if such suspension or removal is affected 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 Ultimate11.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Ultimate11 or any of its partners, licensors or associates.
Ultimate11 comprises a group of content solely developed by Ultimate11, the partners of Ultimate11, licensors, associates and/or Users of Ultimate11. The partners, licensors, associates of Ultimate11 and/or Ultimate11 itself hold the intellectual property rights (“Intellectual Property Rights'') in all software underlying Ultimate11 and entirely owns the Features and material published on Ultimate11, including (but not limited to) games, contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation.
The users are not permitted to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or exploit any of the materials or content published on Ultimate11 in any manner, either in whole or in part until and unless users have written license from Ultimate11 team or authorities.
Users may request permission to use any Ultimate11 content by writing in to email@example.com.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Ultimate11 ("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 the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Ultimate11. Users agree to indemnify and hold harmless Ultimate11, 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 Ultimate11, by such User or through the User's commissions or omissions.
Users hereby grant to Ultimate11 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 Ultimate11.
- Distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
- 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 Ultimate11(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 Ultimate11.
THIRD PARTY SITES, SERVICES AND PRODUCTS
Ultimate11 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 respective sites. Ultimate11 does not exercise control over any Internet sites apart from Ultimate11 and cannot be held responsible for any content residing in any such third-party Internet site. Ultimate11's inclusion of third-party content or links to any third-party Internet sites is not an endorsement by Ultimate11 of such third-party Internet sites.
Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that respective 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 Ultimate11 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.
Ultimate11 contains content that is created by Ultimate11 as well as content provided by third parties. Ultimate11 does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Ultimate11 Services provided on Ultimate11 including while participating in any of the contests hosted on Ultimate11.
REGISTRATION FOR A CONTEST
In order to register for the Contest(s), Participants are required to accurately provide the following information:
- Full Name.
- Team Name(s)
- E-mail address
- Contact Details
- State of Residence
- Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Andhra Pradesh, 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 required information, and have clicked on the "register" tab, and such Participants are above the age of 18 years, they shall be sent an email confirming their registration and containing their login information.
- Restricting, suspending, or terminating any User’s access to all or any part of Ultimate11's Features.
- Deactivating or deleting a User’s account and all related information and files on the account.
- Refraining from awarding any winning(s) to such User.
By accepting the Terms and Conditions of Ultimate11, the individuals using services provided by Ultimate11 agree to provide true, accurate, current and complete information while registration and at other times when demanded by Ultimate11. The individuals further provide consent to keeping their registration information updated.
A single user is permitted to register or operate only one user account with Ultimate11 (inclusive of both web & app).
The individuals using the services provided by Ultimate11 provide their consent for receiving all the communications from Ultimate11 by marking emails from Ultimate11 as part of their "safe senders" list. In an event, if any of the emails sent by Ultimate11 remains unread by the user because of being sent to the Spam or Junk folders, Ultimate11 shall not be held responsible.
Any sort of password issued by Ultimate11 to any of the individuals using any of the services provided by Ultimate11 are confidential and should not be shared by the users with anyone else. The users hold the sole responsibility of maintaining the confidentiality of their accounts and passwords. The users offer their consent by agreeing to the Terms and Conditions of Ultimate11, to inform Ultimate11 about any unauthorized use of their passwords or accounts or any other breach of security.
The user is solely responsible for the security and confidentiality of his/her payment accounts linked to his/her Ultimate11 account. In case of any misuse of the linked payment accounts of the user, Ultimate11 shall not be held liable; further, such misuse of the linked payment accounts of the user should be reported to Ultimate11 as soon as it comes to the notice of the user.
The users ensure to exit/log-out of their accounts after the completion of each session. In case of any sort of loss or damage faced by the user due to the failure of abiding these rules and regulations, Ultimate11 shall not be held responsible.
The individuals using any services provided by Ultimate11 should neither conduct nor assist the usage of cheats, exploits, automation, software, bots, hacks or any unauthorized third-party software specifically formulated for modifying or intervening with Ultimate11 Features and/or Ultimate11 experience.
The individuals using any services offered by Ultimate11 platform provide their consent of not copying, modifying the technology and software associated with Ultimate11. Further, the users accept not to rent, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to anyone of the associated technologies and software.
The Terms and Conditions of Ultimate11 binds the users to neither modify nor become a cause of modification of any of the files, technology or software associated with Ultimate11.
The users provide their acceptance to not to disrupting, overburdening, or promoting any kind of disruption or overburdening to:
- The servers or computers offering or supporting Ultimate11 services or features.
- The enjoyment of Ultimate11's services or features by other Users or persons.
The Terms and Conditions of Ultimate11 do not permit the user to attain any sort of unauthorized access to the User accounts, servers or networks associated with Ultimate11's Features by any means except the user interface provided by Ultimate11.
The user must not indulge in activities like 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 associated with the Features provided by Ultimate11.
The users provide their acceptance for not using the Ultimate11 platform for any sort of inadequate activities including (but not limited to):
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication.
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals.
- To transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Ultimate11, any software, hardware, or telecommunications equipment.
- To advertise, offer or sell any goods or services for any commercial purpose on Ultimate11 without the express written consent of Ultimate11.
- 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 Ultimate11 services, which cannot be legally obtained in such manner.
- To falsify or delete any Ultimate11 attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of the software or other material.
- To collect and/or store personal information about other Ultimate11 users.
- To interfere with or disrupt any Ultimate11 servers or networks.
- To impersonate any person or entity including (but not limited to), a representative of Ultimate11, 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 via Ultimate11 or to manipulate User’s presence on Ultimate11.
- To engage in any illegal activities over the Ultimate11 platforms.
The users are bound to accept that they will neither support or conduct any sort of attack including (but not limited to) distribution of a virus, denial of service, or other attempts to interrupt the services provided by Ultimate11 or the use or enjoyment of other Ultimate11 users.
CONTEST(S), PARTICIPATION AND PRIZES
- As part of its services, Ultimate11 may make available the contest(s) on the Ultimate11 platform.
- Currently, following contests are made available on Ultimate11 platform: 1) A fantasy cricket game.
- Ultimate11 may make available the following contests on Ultimate11 platform (the same shall be notified to the Users) -
- A fantasy football game.
- A fantasy kabaddi game.
- A fantasy basketball game.
- A fantasy volleyball game.
- A fantasy hockey game.
- A fantasy baseball game.
- A fantasy American football game.
- A fantasy handball game, etc.
- Individual users wishing to participate in the such contest are invited to create their own fantasy teams consisting of real life cricketers, footballers, basketball players, volleyball players, hockey players, baseball players, handball players, American football players or kabaddi players (as applicable) involved in the real-life cricket/football/kabaddi/volleyball/hockey/basketball/baseball/handball/American football match (as applicable), series or tournament (each a "Sport Event") to which the fantasy game relates. Ultimate11 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.
- Depending upon the circumstances of each match, the participants can edit their teams till the official match start time as declared by the official of the Sport Event or adjusted deadline, as specified below.
- Ultimate11 reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Ultimate11’s reasonable control, including but not limited to the ones’ mentioned herein below:
- Actual match start time is before the official deadline:
- All sports other than Cricket (if and when applicable) - Ultimate11 reserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
- Cricket - Ultimate11 reserves the right to adjust the deadline by a maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
- In cases where official match time cannot be verified by Ultimate11 through reliable and/or publicly available sources, Ultimate11 reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
- Actual match start time is after the official deadline:
Ultimate11 reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
- Ultimate11 shall endeavor to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
- Teams are awarded points on the basis of the real life cricketers', footballers', basketball players, volleyball players, hockey players, baseball players, handball players, American football players of kabaddi players (as applicable) 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 Ultimate11 platform shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
- "Fantasy Point System" available in the App and on the Ultimate11 website.
- 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 Ultimate11 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 Ultimate11 services and predetermined participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the predetermined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
- A user may create different Teams for participation in Contest(s) in relation to a Sport Event across the Ultimate11 Services. However, unless Ultimate11 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 declared that Ultimate11 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 Ultimate11 in its sole discretion.
- Participants shall pay a pre-designated amount for participating in the contest(s) being created on the Ultimate11 platform. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Andhra Pradesh, 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).
- In two members and above public contests, where all participants have entered the contest with the exact same teams, including the captain and vice-captain in such event, contest prize money shall be equally divided amongst all participants and the amount shall be deposited in the Ultimate11 winning account of all participants and the remaining amount shall be credited in the Cash Bonus account of such participants. In the event a user is found to be violating this policy, the Company reserves the right to initiate any appropriate action against such users as it deems fit, which shall also include forfeiture of the Cash Bonus Amount.
- In Starting Lineup Feature : Purpose of indicating a player's inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Ultimate11. While indicating a Player's inclusion in the starting lineup is given by Ultimate11 on the basis of information/data received through feed providers, publicly available information. Users are advised to do a thorough research of their own from official sources and/or other available sources of information. Ultimate11, shall not take any liability if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
- Substitutes on the field will not be awarded points for any contribution they make. However, 'Concussion and COVID-19 Substitutes' will be awarded points awarded four (4) points for making an appearance in a match and will be awarded points for any contribution they make as per the Fantasy Point System (w.e.f Oct-10-2020).
- Currently two formats of contest(s) are made available on Ultimate11 platform (1) Public Contests wherein Users can participate in a Contest with other Users without any restriction on participation and (2) Private Contests, wherein Users can invite specific Users into a Contest and restrict participation to such invited Users.
- A user can enter into only a maximum of 500 contests in total, per match. Any further participation shall be automatically prohibited. All rules under the Terms are applicable to all Contests. Users by participating in a Contest(s) hereby authorize Ultimate11 to appoint a third party/ Trustee to manage users funds on users behalf.
- Public Contest - Ultimate11 may make available the Contest(s) comprising of 2 – 100 Participants or any other pre-designated number of Participants.
- The Contest(s) may be available in paid format and the Winner will be determinable at the end of the match as per rule of the contests.
- The minimum number of Participants for a Contest(s) to be operational will be pre-specified on the application. If the required number of Participants join, Contest(s) shall be operational. In case the number of Participants is less, 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.
- “Confirmed contests”, marked as "C" in the application, shall become operational only when a minimum of two users join a Confirmed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unused. 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, Ultimate11 shall continue with such contests and the prize pool shall be adjusted proportionally accoarding to how many users that have joined the contest.
- "Winning Distribution contests", marked as "WD" in the application, are contest where if the contest is not fully filled, the price pool will be recalculated proportionally based on how many people have joined the contest.
- Private contest - This contest format 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, if any 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 is permitted in the terms or constitution of the Private contest, except for a change in the name of the contest.
- The User will have to provide Ultimate11 with the email address/Facebook account username of Invited Users to enable Ultimate11 to send a message/mail inviting such Invited User to register with Ultimate11 (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 Ultimate11 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).
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 Ultimate11 Services) are games of skill as success of participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball 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.
- The Contest(s) are open only to persons above the age of 18 years.
- The Contest(s) are open only to persons, currently residing in India.
- Ultimate11 may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s).
Currently, individuals residing in the Indian states of Sikkim, Assam, Odisha, Andhra Pradesh, Telangana, and Nagaland may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
In case, amid detailed audits on the end of Ultimate11 any user is found to be a resident of any of the aforementioned states and is found to be hiding it from Ultimate11 at the time of registration then actions mentioned earlier including (but not limited to) block, account reset, account deletion or deactivation shall be initiated.
In an event, the state laws of these states change and the residents of these states are allowed to participate in the paid versions of Game of Skills, the users (which were blocked earlier for being a resident of these states) shall be treated as new registrations and in no case, previous winnings shall be considered and any claim of such sort will not be entertained in any case.
- Persons who wish to participate must have a valid email address.
- Only those Participants who have successfully registered on the Ultimate11 as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and earn winnings.
- In respect of any transactions entered into on the Ultimate11 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 predesignated platform fee for access to the Ultimate11 Services charged by Ultimate11 and predetermined participant’s contribution towards prize money pool.
- The Ultimate11 reserves the right to charge a Platform Fee, which would be specified and notified by Ultimate11 on the Contest page, on Ultimate11 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
- 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 Ultimate11 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 by Ultimate11.
- Any user availing Ultimate11 services are provided with two categories of accounts/two functions conducted with one account for the processing and reconciliation of payments: (i) Unutilized Account (Amount Added), (ii) Winnings Account (Winnings).
- 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 react as credits to the User's Account. User’s remitting the amount to the designated payment gateway shall be credited to the User's Account’.
- Each time a User participates in any contest on Ultimate11, 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 (PayTM/CashFree/Razorpay) 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 (Amount Added) 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 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 Account, and accordingly amounts credited into Account earlier in time shall be debited first.
- All deposits to a users Unutilized Account are final and a user shall not be permitted to withdraw money from the Unutilized Account. However the user can at any time withdrawal money from the Winning Account. The minimum amount that can be withdrawn by a User from his/her Winning Account is Rs. 200 (Two Hundred). All amounts credited into a User's Unutilized Account must be utilized within 335 days of credit. In case any unutilized amount lies in the Account after the completion of 335 days from the date of credit of such amount, Ultimate11 reserves the right to forfeit such unutilized amount, without liability or obligation to pay any compensation to the User.
- Withdrawal of any amount standing to the User's credit in the Account may be made by way of a request to Ultimate11 but shall occur automatically upon completion of 335 days from the date of credit of such amount in the User's Account. In either case, Ultimate11 shall effect an online transfer to the User's bank account on record with Ultimate11 within a commercially reasonable period of time. Such transfer will react as a debit to the User's Account. Ultimate11 shall not charge any processing fee for the online transfer of such amount from the Account to the User's bank account on record with Ultimate11. 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 (PAN, Bank Related documents, etc.) in order for Ultimate11 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 Ultimate11, as well as the name and address existing in the records of the User's bank account as provided to Ultimate11. In the event that no bank account has been registered by the User against such User's account with Ultimate11, or the User has not verified his/her User account with Ultimate11, to Ultimate11’s satisfaction and in accordance with these Terms and Conditions, Ultimate11 shall provide such User with a notification to the User's email address as on record with Ultimate11 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, Ultimate11 shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Ultimate11 with a valid bank account or valid identification documents (to Ultimate11’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, Ultimate11 may gratuitously issue Cash Bonus to the User for the purpose of participation in Contest(s) marked as Bonus Contests (B) and no User shall be permitted to transfer or request the transfer of any amount into the Cash Bonus. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash w must be used, as applied by Ultimate11 and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the user is subject to the sole discretion of Ultimate11 and cannot be demanded by any User as a matter of right. The Cash Bonus granted to the user may be used by such User for the purpose of setting off against the contribution to the prize pool in Bonus Contests, in accordance with these Terms and Conditions. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any bonus Contest(s). In case the User terminates his/her account with Ultimate11 or such account if terminated by Ultimate11, all Cash Bonus granted to the user shall return to Ultimate11 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 30 days from the date of credit. The Cash Bonus shall lapse at the end of 30 days and the Cash Bonus amount shall not react in the User account Users agree that once they confirm a transaction on Ultimate11, 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 Ultimate11 has on third parties, any transactions on Ultimate11 Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's Account may take up to 24 hours. Similarly, the utilization of the Cash Bonus or money debited from Account may take up to 24 hours to react. Users agree not to raise any complaint or claim against Ultimate11 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 or refund is permissible. Ultimate11 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 connecting with the present terms and conditions, the additional terms and conditions shall prevail.
Tabulation of Fantasy Points
Ultimate11 may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc.,as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, Ultimate11 shall use best efforts to rectify such error prior to the distribution of prizes. However, Ultimate11 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 Ultimate11 in this respect.
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, Ultimate11 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. Ultimate11 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 Ultimate11, Contest, "Fantasy Rules", etc.
- Contacting Winners
Winners will be posted in the Ultimate11 application platform under My Matches, Completed. Ultimate11 are not responsible of contacting the winner over email. It is the users responsibility to check if they are among the winners after a match have been completed and the winners have been declared. The verification process and the documents required for the collection of prizes 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. Ultimate11 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 Ultimate11. 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. Ultimate11 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 the Ultimate11 application platform. The winners will not be intimidated by email and it is their own resposibility to check in the Ultimate11 application if they are winners of a competition or not.
- Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Ultimate11 shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Ultimate11 shall not entertain any claims or requests for extension of time for submission of documents.
Ultimate11 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 Ultimate11 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 the Contest Formats Clause 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 30% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Ultimate11 in accordance with the 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.
The decision of Ultimate11 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, Andhra Pradesh, 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, Ultimate11 shall disqualify such Participant and forfeit any prize won by such Participant. Further Ultimate11 may, at its sole and absolute discretion, suspend or terminate such Participant's account with Ultimate11. Any amount remaining unused in the User's 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 Ultimate11, 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), Ultimate11 shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Ultimate11 may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, Ultimate11 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. Ultimate11 may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Ultimate11 or question its right to modify such prizes being offered, prior to closure of the Contest.
Ultimate11 will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Ultimate11 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 Ultimate11, 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 Ultimate11 without any charge. The exact dates remain the sole discretion of Ultimate11. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of Ultimate11 that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Ultimate11 that conduct of any such Contest(s) is prohibited, then Ultimate11 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.
The courts of competent jurisdiction at Mumbai, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Ultimate11 Services provided by Ultimate11 (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 Ultimate11, 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 Mumbai, 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 Ultimate11 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Ultimate11'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 Ultimate11 to pursue any remedy for monetary damages through the arbitration described herein.
RELEASE AND LIMITATIONS OF LIABILITY
- Users shall access the Ultimate11 Services provided on Ultimate11 voluntarily and at their own risk. Ultimate11 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 Ultimate11 Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
- By entering the contests and accessing the Ultimate11 Services provided therein, Users hereby release from and agree to indemnify Ultimate11, 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 Ultimate11 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.
- Ultimate11 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 Ultimate11 Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Ultimate11 Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Ultimate11 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 Ultimate11 on account of such act on the part of the Users.
- Users shall indemnify, defend, and hold Ultimate11 harmless from any third party/entity/organization claims arising from or related to such User's engagement with the Ultimate11 or participation in any Contest. In no event shall Ultimate11 be liable to any User for acts or omissions arising out of or related to User's engagement with the Ultimate11 or his/her participation in any Contest(s).
- In consideration of Ultimate11 allowing Users to access the Ultimate11 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 Ultimate11, 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 Ultimate11 Services or related to the Contests or the prizes of the Contests.
- To the extent permitted under law, neither Ultimate11 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, Ultimate11 shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Ultimate11 services or sites, cancellation of competition and prizes. Ultimate11 disclaims any responsibility for, and if a User pays for access to one of Ultimate11's Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Ultimate11's maintenance on the servers or the technology that underlies our sites, failures of Ultimate11'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, Ultimate11 does not provide any warranty as to the content on the Ultimate11(s). Ultimate11(s) content is distributed on an "as is, as available" basis.
- Any material accessed, downloaded or otherwise obtained through Ultimate11 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.
- Ultimate11 shall make best endeavours to ensure that the Ultimate11(s) is error-free and secure, however, neither Ultimate11 nor any of its partners, licensors or associates makes any warranty that:
- the Ultimate11(s) will meet Users' requirements,
- Ultimate11(s) will be uninterrupted, timely, secure, or error free,
- the results that may be obtained from the use of Ultimate11(s) will be accurate or reliable; and
- the quality of any products, Ultimate11 Services, information, or other material that Users purchase or obtain through Ultimate11(s) will meet Users' expectations.
- In case Ultimate11 discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User's account, Ultimate11 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, Ultimate11 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 Ultimate11 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 Ultimate11 Services, events or Contest(s) being hosted or provided, or intended to be hosted on Ultimate11 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 Ultimate11 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.
- Ultimate11 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 Ultimate11 posting them on the Ultimate11 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 Ultimate11. If they do not provide Ultimate11 with accurate information, Ultimate11 cannot be held liable for failure to notify the User.
- Ultimate11 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 Ultimate11'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/football/basketball/kabaddi/volleyball/hockey/baseball/handball/American football match to which a Contest relates. In such circumstances, Ultimate11 shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
- Ultimate11'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 Ultimate11 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 Pecunia Marketing Pvt. Ltd and govern your use of the Ultimate11, superseding any prior agreements that any User may have with Pecunia Marketing Pvt. Ltd.
- 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.
- Ultimate11 reserves the right to moderate, restrict or ban the use of the Ultimate11, specifically to any User, or generally, in accordance with Ultimate11's policy/policies from time to time, at its sole and absolute discretion and without any notice.
- Ultimate11 may, at its sole and absolute discretion, permanently close or temporarily suspend any Ultimate11 Services (including any Contest(s)).
- Ultimate11 may from time to time conduct/organize promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Ultimate11 platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user.