Terms & Conditions
1. Game of Guru
• Game of Guru is the subsidiary of INA INTERNET Private Limited (“Game of Guru”). Through Game of Guru, along with its sub-pages, and the Game of Guru App, Game of Guru operates four separate portals through which it offers cricket-based, football-based, basketball based, baseball based online fantasy games. Game of Guru as used herein shall be construed as a collective reference to Game of Guru and the Game of Guru App.
2. Usage of Game of Guru
• Certain Game of Guru Services being provided on Game of Guru 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.
• Game of Guru may, at its sole and absolute discretion.
• Restrict, suspend, or terminate any User’s access to all or any part of Game of Guru or Game of Guru Platform Services;
• Change, suspend, or discontinue all or any part of the Game of Guru Platform Services;
• Reject, move, or remove any material that may be submitted by a User;
• Move or remove any content that is available on Game of Guru 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 Game of Guru Platform;
• 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 Game of Guru reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Game of Guru or the Game of Guru Services, Game of Guru 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 Game of Guru Contests or the Game of Guru Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on Game of Guru and further, take technical and legal steps as it deems necessary.
• If Game of Guru charges its Users a platform fee in respect of any Game of Guru Services, Game of Guru shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or Game of Guru Services on account of any negligence or deficiency on the part of Game of Guru, 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 Game of Guru.
• Users consent to receiving communications such as announcements, administrative messages, and advertisements from Game of Guru or any of its partners, licensors or associates.
3. Intellectual Property
• Game of Guru includes a combination of content created by Game of Guru, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Game of Guru and the Game of Guru Platform and material published on Game of Guru, 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 Game of Guru, 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 Game of Guru either in whole or in part without express written license from Game of Guru.
• Users may request permission to use any Game of Guru content by writing into 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 Game of Guru (“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 Game of Guru. Users agree to indemnify and hold harmless Game of Guru, 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 Game of Guru, by such User or through the User’s commissions or omissions.
• Users hereby grant to Game of Guru 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 Game of Guru
• 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 Game of Guru(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 Game of Guru.
4. Third-Party Sites, Services and Products
• Game of Guru 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. Game of Guru does not exercise control over any Internet sites apart from Game of Guru and cannot be held responsible for any content residing in any third-party Internet site. Game of Guru’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Game of Guru of such a 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. The user agrees that Game of Guru 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.
• Game of Guru contains content that is created by Game of Guru as well as content provided by third parties. Game of Guru does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not rely upon by the Users in utilizing the Game of Guru Services provided on Game of Guru including while participating in any of the contests hosted on Game of Guru.
6. User Conduct
• restricting, suspending, or terminating any User’s access to all or any part of Game of Guru 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 Game of Guru 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 Game of Guru). Users further agree to update and keep updated their registration information.
• A User shall not register or operate more than one User account with Game of Guru.
• Users agree to ensure that they can receive all communication from Game of Guru by marking e-mails or sending SMSs from Game of Guru as part of their “safe senders” list. Game of Guru 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 Game of Guru 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 Game of Guru 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. Game of Guru 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 unauthorized third party software designed to modify or interfere with Game of Guru Services and/or Game of Guru 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 Game of Guru or Game of Guru’s Services.
• Users agree that without Game of Guru’s express written consent, they shall not modify or cause to be modified any files or software that are part of Game of Guru’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 Game of Guru or the Game of Guru’s Services (each a “Server”); or (2) the enjoyment of Game of Guru 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 Game of Guru Services or any other person’s use or enjoyment of Game of Guru Services.
• Users shall not attempt to gain unauthorized access to the User accounts, Servers or networks connected to Game of Guru Services by any means other than the User interface provided by Game of Guru, 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 Game of Guru Services.
• Without limiting the foregoing, Users agree not to use Game of Guru 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, Game of Guru, any software, hardware, or telecommunications equipment;
• To advertise, offer or sell any goods or services for any commercial purpose on Game of Guru without the express written consent of Game of Guru;
• 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 Game of Guru, servers, or networks;
• To impersonate any person or entity, including, but not limited to, a representative of Game of Guru, 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 Game of Guru or to manipulate User’s presence on Game of Guru(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 Game of Guru’s considered opinion is obscene, indecent, abusive or that might subject Game of Guru to public disparagement or scorn, Game of Guru reserves the right, without prior notice to the User, to change such username and intimate the User or delete such username and posts from Game of Guru, deny such User access to Game of Guru, or any combination of these options.
• Unauthorized access to Game of Guru is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Game of Guru by any means other than through the interface that is provided by Game of Guru for use in accessing Game of Guru. 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.
• The use of Game of Guru is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Game of Guru’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Game of Guru.
• Users may reach out to Game of Guru through –
• Write to us 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 in any of the contests, games (by whatever name called) on the Game of Guru Platform. Users will have to disclose their real age at the time of getting access to the Game of Guru Platform.
• Game of Guru may not be held responsible for any content contributed by Users on the Game of Guru.
7. Conditions of Participation:
• By entering a Contest, the user agrees to be bound by these Terms and the decisions of Game of Guru. Subject to the terms and conditions stipulated hereinbelow, 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 Game of Guru 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;
• 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
• 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 Game of Guru 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, Game of Guru 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 for a contest
• In order to register for the Contest(s), Participants are required to accurately provide the following information:
• Full Name
• E-mail address
• State of Residence
• Date of Birth
9. Contest(s), Participation and Prizes
• As part of its services, Game of Guru may make available the contest(s) on the Game of Guru platform.
• Currently, the following contests are made available on Game of Guru platform: 1) A fantasy cricket game and 2) A fantasy football game, and 3) A fantasy basketball game and 4) A fantasy Baseball game. Individual users wishing to participate in such contest (“Participants”) are invited to create their own fantasy teams (“Team/s”) consisting of real-life cricketers, footballers, baseball players, or basketball players (as applicable) involved in the real-life cricket/football/basketball/baseball match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. Game of Guru 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 officials of the Sports Event or adjusted deadline, as specified below.
• Game of Guru reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Game of Guru’s reasonable control, including but not limited to the ones’ mentioned herein below:
i. Actual match start time is before the official deadline:
• All sports other than Cricket-
• Game of Guru reserves the right to adjust the deadline to a maximum of 10 minutes (maximum) post the actual match start time. In case the actual match start time is more than 10 minutes of the official deadline, the contest will be abandoned.
• Cricket –
• Game of Guru 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 Game of Guru through reliable and/or publicly available sources, Game of Guru reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
ii. Actual match start time is after the official deadline:
• Game of Guru reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weathers, non-appearance of teams, technical/equipment glitches causing delays, etc.
• Game of Guru 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’, ‘baseball 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.
• Other rules and regulations (including rules and regulations 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 Game of Guru 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 a pre-determined platform fee for accessing Game of Guru services and pre-determined participant’s contribution towards the 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 Sports Event across the Game of Guru Services. However, unless Game of Guru 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 Sports Event. In the 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 Game of Guru 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 Game of Guru in its sole discretion.
• Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Game of Guru 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 the contest(s) are made available on Game of Guru 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 contests (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).
i. Public contest:
• In the Public contest format of the Contest(s), Game of Guru may make available the Contest(s) comprising of 2 – 100 Participants or any other pre-designated number of Participants.
• Game of Guru 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 the 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 Game of Guru 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 a shortfall in the number of participants joining the Confirmed Contest, Game of Guru shall continue with such contests and the shortfall in the prize pool shall be borne by Game of Guru.
ii. Private contest
• In the Private contest format of the Contest(s), Game of Guru 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 Game of Guru with the email address or Facebook account username of Invited Users to enable Game of Guru to send a message or mail inviting such Invited User to register with Game of Guru (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 filing 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 Game of Guru 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. The 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 Game of Guru 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 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 to persons worldwide excluding banned states or country.
• Game of Guru 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 Assam, Odisha, Sikkim, Nagaland or Telangana 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.
• Persons who wish to participate must have a valid email address.
• Game of Guru may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
• Only those Participants who have successfully registered on the Game of Guru as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
13. Payment Terms
• In respect of any transactions entered into on the Game of Guru 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 Game of Guru Services charged by Game of Guru 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 the management of user account and prize pool, until determination of the Winners and distribution of prizes. Game of Guru 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 Game of Guru reserves the right to charge a Platform Fee, which would be specified and notified by Game of Guru on the Contest page, being created on Game of Guru 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 Game of Guru 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 Game of Guru 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 Game of Guru services is provided with two categories of accounts for the processing and reconciliation of payments: (i) ‘Unutilized’ Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User’s accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
• User’s winnings in any Contest will reflect as credits to the User’s Winnings Account.
• User’s remitting the amount the designated payment gateway shall be credited to User’s Unutilized Account’.
• Each time a user participates in any contest on Game of Guru 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 Game of Guru Customer Support. 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 ‘Unutilized’ Account after the completion of 335 days from the date of credit of such amount, Game of Guru 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 Winnings Account may be made by way of a request to Game of Guru 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, Game of Guru shall effect an online transfer to the User’s bank account on record with Game of Guru within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winnings Account. Game of Guru 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 Game of Guru. 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 Game of Guru 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 Game of Guru, as well as the name and address existing in the records of the User’s bank account as provided to Game of Guru. In the event that no bank account has been registered by the User against such User’s account with Game of Guru, or the User has not verified his/her User account with Game of Guru, to Game of Guru’s satisfaction and in accordance with these Terms and Conditions, Game of Guru shall provide such User with a notification to the User’s email address as on record with Game of Guru 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, Game of Guru shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Game of Guru with a valid bank account or valid identification documents (to Game of Guru’s satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
• A transaction, once confirmed, is final and no cancellation is permissible.
• Game of Guru 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.
14. Tabulation of fantasy points
• Game of Guru may obtain the score feed and other information required for the computation and tabulation of fantasy points from the 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, Game of Guru shall use best efforts to rectify such error prior to the distribution of prizes. However, Game of Guru 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 Game of Guru in this respect.
15. 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, Game of Guru 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.
Game of Guru 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 Game of Guru, Contest, “Fantasy Rules”, etc.
• Contacting Winners
Winners shall be contacted by Game of Guru 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 the prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide the following documents:
i. Photocopy of the User’s PAN card;
ii. Photocopy of a government-issued residence proof;
iii. User’s bank account details and proof of the same.
Game of Guru 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 Game of Guru. 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. Game of Guru 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 Game of Guru. 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 Game of Guru, such Participant may contact Game of Guru 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 Game of Guru shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Game of Guru shall not entertain any claims or requests for extension of time for submission of documents.
Game of Guru 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 Game of Guru 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 Game of Guru 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.
The decision of Game of Guru 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, Game of Guru shall disqualify such Participant and forfeit any prize won by such Participant. Further Game of Guru may, at its sole and absolute discretion, suspend or terminate such Participant’s account with Game of Guru. 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 Game of Guru, 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), Game of Guru shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Game of Guru may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
To the extent permitted by law, Game of Guru 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.
Game of Guru may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Game of Guru or question its right to modify such prizes being offered, prior to closure of the Contest.
Game of Guru will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Game of Guru 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 Game of Guru, 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 Game of Guru without any charge. The exact dates remain the sole discretion of Game of Guru. Promotional activities may include but not be limited to press events, internal meetings, and ceremonies/functions.
17. General Conditions
• If it comes to the notice of Game of Guru that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Game of Guru that conduct of any such Contest(s) is prohibited, then Game of Guru 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 Game of Guru, will not be eligible to participate in any Contest(s).
18. Dispute and Dispute Resolution
• The courts of competent jurisdiction at Kolkata shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Game of Guru Services provided by Game of Guru (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 Game of Guru, 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 Kolkata, 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 Game of Guru from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Game of Guru’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 Game of Guru to pursue any remedy for monetary damages through the arbitration described herein.
19. Release and Limitations of Liability
• Users shall access the Game of Guru Services provided on Game of Guru voluntarily and at their own risk. Game of Guru 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 Game of Guru Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
• By entering the contests and accessing the Game of Guru Services provided therein, Users hereby release form and agree to indemnify Game of Guru, 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 Game of Guru 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.
• Game of Guru 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 Game of Guru Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Game of Guru Services, including the provision of incorrect address or other personal details. Users also undertake to indemnify Game of Guru 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 Game of Guru on account of such act on the part of the Users.
• Users shall indemnify, defend, and hold Game of Guru harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Game of Guru or participation in any Contest. In no event shall Game of Guru be liable to any User for acts or omissions arising out of or related to User’s engagement with the Game of Guru or his/her participation in any Contest(s).
• In consideration of Game of Guru allowing Users to access the Game of Guru 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 Game of Guru, 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 Game of Guru Services or related to the Contests or the prizes of the Contests.
• To the extent permitted under law, neither Game of Guru nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material.
• To the extent permitted under law, Game of Guru shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Game of Guru services or sites, cancellation of competition and prizes. Game of Guru disclaims any responsibility for, and if a User pays for access to one of Game of Guru’s Services the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Game of Guru’s maintenance on the servers or the technology that underlies our sites, failures of Game of Guru’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, Game of Guru does not provide any warranty as to the content on the Game of Guru(s). Game of Guru(s) content is distributed on an “as is, as available” basis.
• Any material accessed, downloaded or otherwise obtained through Game of Guru 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.
• Game of Guru shall make best endeavors to ensure that the Game of Guru(s) is error-free and secure, however, neither Game of Guru nor any of its partners, licensors or associates makes any warranty that:
• the Game of Guru(s) will meet Users’ requirements,
• Game of Guru(s) will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of Game of Guru(s) will be accurate or reliable; and
• The quality of any products, Game of Guru Services, information, or other material that Users purchase or obtain through Game of Guru.com(s) will meet Users’ expectations.
• In case Game of Guru discovers any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, Game of Guru 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, Game of Guru 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 Game of Guru 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 Game of Guru Services, events or Contest(s) being hosted or provided, or intended to be hosted on Game of Guru 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 canceled or terminated if such permission or authority is either not obtained or denied either before or after the availability of the relevant Game of Guru 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 Contest, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
• Game of Guru 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 Game of Guru posting them on the Game of Guru 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 Game of Guru. If they do not provide Game of Guru with accurate information, Game of Guru cannot be held liable for failure to notify the User.
• Game of Guru 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 Game of Guru’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/baseball which a Contest relates. In such circumstances, Game of Guru shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
• Game of Guru’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 Game of Guru 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 Game of Guru Fantasy Private Limited and govern your use of the Game of Guru, superseding any prior agreements that any User may have with Game of Guru Fantasy 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.
• Game of Guru reserves the right to moderate, restrict or ban the use of the Game of Guru, specifically to any User, or generally, in accordance with Game of Guru’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
• Game of Guru may, at its sole and absolute discretion, permanently close or temporarily suspend any Game of Guru Services (including any Contest(s)).
22. Standard Terms and Conditions of Promotions
These standard terms and conditions of promotions (“Standard Terms”) supplement the terms of promotions undertaken on the Game of Guru website and which reference these Standard Terms (each a “Promotion”):
• The Promotions are only open to users in India. Participation in the Promotions by proxy is not permitted.
• Participation in Promotions is voluntary.
• Participation in one Promotion does not guarantee that such users 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 Game of Guru shall not register a new account or operate more than one user account with Game of Guru 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 the NDNC Registry till the completion of such Promotion (if any the free-entry (if any) under such Promotion). Such persons agree not to make any claim or raise any complaint whatsoever against Game of Guru 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 Game of Guru if they do or do not receive any call or SMS with respect to their participation and all other matters pertaining to a Promotion.
• Game of Guru 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).
• Game of Guru reserves the right to withhold or forfeit the benefits of a Promotion (including a free-entry 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 Game of Guru fantasy game(s).
• Mere participation in a Promotion does not entitle the participant to receive any free-entry or indicated as a prize under such Promotion.
• The decision of Game of Guru 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 other contest/offer/promotions that are running simultaneously and organized or conducted by Game of Guru.
• Game of Guru 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.
• Game of Guru 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 Game of Guru 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 Kolkata.
25. Standard Terms and Conditions for the Game of Guru Ticketing Offer
• For this section keep watching until further notice.
26. In Starting Lineup Feature
• The purpose of indicating a player’s inclusion in the final starting line-up is only to provide information and assist a user in selecting his/her team on Game of Guru. While indicating a Player’s inclusion in starting line-up is given by Game of Guru 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. Game of Guru, shall not take any liability if a player earlier indicated as ‘Playing’ does not play or start for any reason whatsoever.