Terms & Conditions
Last Updated: 8 April 2017
1. The Fandromeda website (www.fandromeda.com) (“Website”) and the tablet/mobile application named Fandromeda (“App”) — which include all of the text, images, audio, code and other material such as graphics, logos, designs, photographs, button icons, images, video clips, digital downloads, data compilations etc. (collectively, the “Content”) - and all of the features, Games (defined below) and other services they display and provide are owned and operated by TenTenTen Digital Products Pvt. Ltd. ("Company"), a private limited company, incorporated in India under the provisions of the Companies Act, 1956 and having its registered office at 303, Sobha Orchid, Jakkur, Bangalore-560064.
2. “Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body;
3. “Force Majeure” shall mean an act of God, war, civil disturbance, strike, lockout, act of terrorism, flood, fire, explosion or legislation or restriction by any government or other authority, or any other similar circumstance beyond the control of any party, including, without limitation, unavailability of any communication system including internet, which has the effect of wholly or partially suspending the obligations hereunder, of the party concerned during the continuance and to the extent of such prevention, interruption or hindrance; and
4. “Minimum Age” shall mean any person aged 18 (Eighteen) years and above.
3. Rules of the Games and Contests
1. Through the Platform, the Company offers Users the opportunity to participate in sports-based online fantasy games (“Games”), and enter Contests related to the Games.
2. Users wishing to participate in the Games ("Participants") are invited to create their own fantasy squads (“Squad(s)”) consisting of real life sports-persons involved in real-life sports match/matches, series or tournament (each a “Sporting Event”) to which the Game relates. Each Participant shall form his/her Squad in accordance with the conditions and limitations imposed in the Game Guides.
5. You shall solely be responsible for maintaining the necessary computer equipment’s and internet connections that may be required to access, use and transact on the Platform for the purpose of participating in the Games and Contests.
4. Game of Skill
1. You acknowledge, agree and confirm that the Games and Contests described in Clause 3 above are games of skill as the success of the Participants in such Games and Contests depends predominantly on their relative knowledge of inter alia the following information/data, and the manner in which You interpret and utilise such information/data while participating in a Game:
2. The Game(s) also requires the Participants to field well-balanced sides in each Squad, with limited resources and, in some cases, make substitutions at appropriate times to gain the maximum points, details of which are provided in the Game Guides.
3. By participating in such Game(s), You acknowledge and agree that You are participating in a game of skill.
5. Representations and Warranties as regards eligibility of the User
2. By participating in any Contest on the Platform, You represent and warrant that:
3. The Company may require You to provide documentary proof that You are eligible to access and use the Platform and participate in the Games pursuant to Clause 5(2), prior to You receiving a prize. This may include identity and address proof documents and other bank account related details. The time period within which You are required to provide such documents, after the declaration of the Winners, shall also be communicated at the time of such declaration. To the extent the Company requests You to do so, and You fail to do so within a specified time as communicated in the official communication from the Company, or if the Company otherwise determines that You do not meet the eligibility requirements of this Clause 5, or that any information provided by You is false/ inaccurate, in addition to any rights that the Company may have in law or equity, the Company reserves the right to terminate Your Account in terms of Clause 20 below, and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, the prizes will be forfeited, and not distributed to any other Users. Such a breach of the representations under Clause 5(2) may, in the case of Paid Contests, also result in You forfeiting all the Game Money remaining in Your Account as on such date.
4. You may establish, maintain, use and control only one Account on the Platform. In the event the Company determines that You have opened, maintained, used or controlled more than one Account, in addition to any other rights that the Company may have, the Company reserves the right to suspend or terminate any or all of Your Accounts (defined below) and terminate, withhold or revoke the awarding of any prizes. Such a breach may, in the case of Paid Contests may also result in You forfeiting all the Game Money remaining in Your Account as on such date.
5. The Company employees may use the Platform and/or participate in the Game(s) and Contest(s) ONLY for the purpose of testing the User experience and functionalities of the Platform. Subject to this, the employees of the Company are not eligible to participate in any Contest and shall in no event be entitled to any prize. Such employees shall not disclose any information or part thereof that is confidential in nature, or which they are privy to in their capacity of being an employee of the Company (including any information relating to the Company, its business, its employees, the Game(s), the Contest(s) and any underlying software or algorithm, the Platform or other media on which the Games and information relating to the Games would be hosted) to any third party, including their relatives and friends, whether during the term of their employment with the Company or at any time thereafter, except to the extent necessary to discharge their duties as an employee of the Company.
6. Consultants of the Company may play the Games and Contests without limitation, but only if: (i) their arrangement with the Company does not permit them to have any access to non-public Platform data or any other data not made available to all Users on the Platform; and (ii) they do not receive any other advantages in their use of the Platform.
7. Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners related to the real-life sports teams, may participate in any Game(s) and Contest(s) ONLY if: (i) the Game(s) are not corresponding to a Sporting Event in which the real-life sports team(s) that they are associated with, are participating, as this could provide them with an unfair advantage over other Participants; and (ii) they do not undertake any action which may influence the Sporting Event or the outcome thereof in any manner. Umpires, tournament/league employees, franchise team officials, and other individuals, who through an ownership interest or game-related employment, can influence any real-life Sporting Event, are likewise ineligible to participate in any Game corresponding to such real-life Sporting Event.
1. Many portions of the Platform require registration for access. In order to participate in a Game on the Platform, You must register for an account (“Account”). By registering as a User of the Platform, You agree to provide accurate, current and complete information about Yourself as prompted, including but not limited to full name, date of birth, email address and state of residence in India (such information being the “Registration Data”) and maintain and promptly update the Registration Data as and when required, to keep it accurate, current and complete at all times. If You provide any information that is inaccurate, not current or incomplete, or if the Company has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, the Company may deny You access to areas requiring registration or to participate in any Game, or terminate/ suspend Your Account, at its sole discretion, unless You prove otherwise.
2. Such Registration Data can include, but not be limited to a unique username, unique mobile number, e-mail address and password associated with a User.
3. If You use the Platform as a registered User, You are responsible for maintaining the confidentiality of Your Registration Data, and You must not disclose such details to any third party. You are responsible for all activities that occur under Your username and password.
4. You may not use a username that promotes a commercial venture or a screen name that the Company, in its sole discretion, deems offensive.
5. The Company may require You to change Your username or may unilaterally change Your screen name if You fail to do so voluntarily, within a period of 10 (Ten) days’ of the issue of such request by the Company. The Company cannot and will not be liable for any loss or damage arising from Your failure to comply with this Clause 6. You shall however be liable to indemnify the Company for any breach by You of this Clause 6, in terms of Clause 18 below.
7. Communications and Information Practices
1. As a result of Your registration on the Platform, You may receive certain commercial communications from the Company. You may opt out of receiving these communications at any time by using the “unsubscribe” link made available through the e-mail. In addition to these commercial communications, the Company may also send You transactional messages relating to Your Your Account, and/or Your participation in any Game. As these messages relate to Your registration on the Platform, You will not be able to unsubscribe from receiving such transactional messages, otherwise than by way of closing Your Account.
8. Disqualification and Cancellation
1. The Company reserves the right to cancel any Free Contest, in its sole discretion, without any restrictions.
2. The Company, in its sole discretion, may disqualify You from any Game or Contest, or from accessing the entire Platform or any part thereof, or refuse to award prizes to You, or require the return of any prizes, or suspend or terminate Your Account, if You engage in conduct that the Company deems, in its sole discretion, to be improper, unfair or otherwise adverse to the operation of the Platform or in any way detrimental to other Users or in violation of any Applicable Law.
3. Improper conduct includes, but is not limited to:
4. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent the Company from pursuing criminal or civil proceedings in connection with such conduct.
5. You acknowledge and confirm that the Platform SHALL NOT BE USED BY YOU FOR ANY FORM OF GAMBLING PROHIBITED BY APPLICABLE LAW.
9. Prizes and Taxation
Within a reasonable time period after each Sporting Event corresponding to a Contest ends, the Winners for the Contest(s) are announced, but remain subject to final verification by the Company. The Company may, in its sole discretion, award cash or non-cash prizes, to the Winners of each Contest. The details of the prizes that may be won by the Participants, together with the prize structure for each Contest, will be displayed on the Platform prior to the start of the corresponding Sporting Event.
2. From time to time, the Company, at its sole discretion, may offer prizes for Free Contests. These could be in the form of cash, Game Money, or through external partners (“Brand Contests”)
3. Prize calculations for a Contest are based on the results as of the time when final scoring is tabulated by the Company after the end of a Sporting Event(s). Once Winners are initially announced by the Company, the scoring results will not be changed in light of adjustments made in the official scoreboards, though We reserve the right to make adjustments based on errors or irregularities in the transmission of information to Us from Our stats provider or in Our calculation of results. In determining the Winners, the Company shall not modify or manipulate the points awarded to any Participant in any manner whatsoever.
5. No request for substitution or transfer of a prize shall be entertained by the Company. Where the Winner requests the Company to transfer the cash prizes to his bank account, the same will be disbursed ONLY to Winners who are account holders with a bank in India via an electronic funds transfer. The Company shall NEITHER physically mail the cheque containing the prize money to the Winner’s postal address NOR shall the Company hand over cash to the Winner through any other means. All taxes associated with the receipt or use of any prize are the sole responsibility of the Winner. In the event that the awarding of any prizes to Winners of the Contest is challenged by any Authority, the Company reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes, which shall be in compliance with the Applicable Law.
6. In all disputes arising out of the determination of the Winner(s) of the Contest(s), the Company is the sole judge and its actions are final and binding on all the Participants.
7. All prizes shall be subject to deduction of tax at source (“TDS”) as per the provisions of the Income Tax Act, 1961. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other tax/ cess/ surcharge under the Applicable Law, including but not limited to, gift tax, etc. in respect of the prizes.
1. By entering into a Game, You consent to the Company’s and its service providers’ and business partners’ use of Your name, voice, likeness, photograph and other information provided by You, in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Game and/or other Games and Contests made available through the Platform.
2. The Winners agree that the Company has the right to ask them to make themselves available to the Company for publicity, advertising and promotional activities relating to the Games/ Contests or other Company products, services or events, without additional compensation, from the date of notification of their status as a Winner and continuing until such time when notified by the Company that they no longer need to do so.
3. The Company and its business partners reserve the right to make public statements about the Participants and the Winner(s), on-air, on the internet, or otherwise, prior to, during, or following the Game. You agree that the Company may announce any Winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of the Company, its business or other Games and Contests conducted by the Company.
4. You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitutes complete compensation for Your obligations under this Clause 10, and You agree not to seek to charge a fee or impose other conditions on the fulfilment of these obligations.
11. Intellectual Property Rights
3. Trademarks and Domain Names
1. The Platform may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site and We do not make any representation or warranty, express or implied, in this regard. The Company does not implicitly or explicitly support or endorse any information, products etc. provided on such Linked Sites.
2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Company, of the Linked Sites or any association with its operators or owners, including the legal heirs or assigns thereof.
13. Advertisement Links
1. The Platform may contain links to various advertisements (“Advertisement Sites”). The Advertisement Sites are not under the control of the Company. We are not responsible for the content on any Advertisement Site, including, without limitation to, any link contained in the Advertisement Site, or any changes or updates to the same.
2. These Advertisement Site(s) shall be construed to be Linked Sites (as mentioned above) and the provisions of Clause 12 above shall accordingly apply to the Advertisement Site(s).
15. Fraud and Improper Conduct
1. You may only access and use the Platform for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all provisions of the Applicable Law pertaining to Your use of the Platform. You agree that You will not, in any way:
16. User Generated Content
1. You understand that all Content made available on the Platform by a User (“User Generated Content”), including but not limited to profile information, Gang Names and mottos, and communications with other Users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Generated Content originated. This means that You, not the Company, are entirely responsible for all User Generated Content that You upload, post, share, email, transmit, or otherwise make available via the Platform. Under no circumstances will the Company be liable in any way for any User Generated Content.
3. You understand that by using the Platform, You may be exposed to User Generated Content that You may consider to be offensive or objectionable. You agree that You must evaluate, and bear all risks associated with the use or disclosure of any User Generated Content. You further acknowledge and agree that You bear the sole risk of reliance on any Content available on or through the Platform, including any User Generated Content.
4. With respect to User Generated Content that You submit or otherwise make available on or to the Platform, You grant the Company an irrevocable, fully and freely sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce publish, translate, publicly perform and publicly display such User Generated Content (in whole or in part), and to incorporate such User Generated Content into other works, in any format or medium now known or later developed.
17. Warranty disclaimers
1. The Platform and each portion thereof are provided "AS IS" without warranties of any kind, either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Platform and each portion thereof, including, but not limited to, non-infringement or other violation of intellectual property rights.
2. You acknowledge that the Company has no control over, and has no duty to take any action regarding, which Users gain access to or use the Platform; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release the Company from all liability for You having or not having acquired the Content through the Platform. The Platform may contain, or direct You to other websites containing information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Platform, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform.
3. The Company will have no liability related to any User Generated Content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss or unavailability of any User Generated Content.
4. The Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform, either with or without Your knowledge.
5. The Company shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Platform or due to the non- availability of the Platform for any reason whatsoever.
6. The Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information.
7. We make no representation or warranty that the Content published on the Platform shall, or that the Platform shall: (i) meet Your requirements be accurate or reliable; (ii) be uninterrupted, timely, secure or error-free; (iii) rectify any errors found in the Content or on the Platform. Further, access to the Platform shall be contingent to Your internet accessibility and We shall not be held liable for any lack sporadic breaks in Your internet accessibility.
8. In the event that the Platform or any portion thereof is not accessible due to technical problems or for any other reason, visitors to the Website or the Users of the App are not entitled to claim any loss or damage and are not entitled to any compensation.
19. Limitation of Liability
1. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM.
2. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.
3. RECOGNIZING THE RISKS OUTLINED IN CLAUSES 19.1 AND 19.2 ABOVE, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS SUPPLIERS OR LICENSORS, OR THEIR OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND EMPLOYEES, WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL OR DATA, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
1. The Company may terminate or suspend all or part of the Platform and Your Account immediately, without prior notice or liability, if:
2. Upon termination suspension of Your Account, Your right to use the Platform will immediately cease. If You wish to terminate Your Account on the Platform, You may contact us at firstname.lastname@example.org.
3. Termination of Your Account may include: (i) removal of access to the Platform; (ii) deletion of all Your Account related information and any materials associated with Your Account; and (iii) barring of further use of the Platform by You.
6. The termination suspension of Your Account shall not relieve You of any liability that You may have incurred prior to such termination suspension.
7. You agree that all terminations suspensions shall be made in the Company’s sole discretion and that the Company shall not be liable to You or any third party for any termination suspension of Your Account, or Your access to and use of the Platform.
23. Governing Law
24. Grievance Officer
2. The name and contact details of the Grievance Officer are provided below:
Name: Ashoka Rao E-mail Address: email@example.com Postal Address: No. 3, 2nd Floor, PDS Towers, Off Kodigehalli Main Road, Sanjeevini Nagar, Bengaluru, Karnataka 560092.
25. General Provisions
ADDITIONAL TERMS AND CONDITIONS RELATING TO PAID CONTESTS
In addition to the above-listed terms and conditions, where the Company organises any Paid Contest, the following terms shall also be applicable to the Participant:
26. Adding Game Money
1. In order to participate in the Paid Format of a Game, the Participants must add Game Money (“Game Money”) to their account at the then-applicable rates. The amount of Game Money available for Your use on the Platform shall at all times be reflected in Your Account on the Platform.
2. At the discretion of the Company, a ceiling limit may be imposed on the amount of Game Money that may be added by a User, details of which shall be disclosed on the Platform as and when applicable.
3. The Game Money may be used only on the Platform and for the purposes of participating in Paid Contests.
4. Game Money, once added by You, cannot be encashed, or transferred to any other person.
6. In order to make payments online, You undertake to use a valid payment card, to have sufficient funds or credit available to complete the payment and have an Account on the Platform in good standing. By providing payment card information, You represent, warrant, and covenant that:
8. Except to the extent otherwise required by Applicable Law, the Company is not liable for any payments authorized through the Platform using Your payment card information. Particularly, the Company is not liable for any payments that do not complete because:
27. Other Terms and Conditions
1. The User needs to select sports-persons from a pool of sports-persons playing in the Sporting Event corresponding to the Contest, to form a Team, by taking into consideration the value assigned to each sports-person on the Platform. The values have been assigned to the sportspersons based on various factors such as average points earned per match, recent form, experience, etc. The total value of the sports-persons chosen by a Player to form a Team should not exceed the maximum value displayed on the Platform or mentioned in the Game Guides. Information and statistical data relating to each sports-person is also available on the Platform to enable You to carefully and skilfully create a winning Team.
2. The Company retains a right to cancel any Paid Contest in case:
3. In case the Company cancels any Contest in terms of Clause 27(2) above, the entire participation fees paid by the Participant(s) using their Game Money shall be credited back only in the form of Game Money to the Account of such Participant(s) on the Platform, within a period of 5 (Five) days’ of such cancellation.
28. Prizes and Taxation
1. You understand and agree that the prize structure (i.e. the manner in which the prizes shall be distributed among the Winners) for each Paid Contest may be dependent on the number of Participants in each such Contest and that the prizes and the number of Winners may vary dynamically based on the Users who participate in such Contest(s). However, in all cases the details of the prizes to be awarded for each Contest shall be regularly updated on the Platform.
2. For the summary of prizes for open Paid Contests, You may login to the relevant sub-page and check the then-current prize structure. You will be able to see the final prize structure only after the Game has been “locked” i.e. a fixed period of time before the Sporting Event has begun.
3. All prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. 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.
4. In the case of cash prizes, the winnings shall be reflected in the user’s Winnings account (“Winnings”) after deduction of TDS if applicable as per Clause 28 (3) above.
5. Users have the following options with respect to their Winnings:
29. Expiry and Forfeiture of Game Money
1. The Game Money held by You in Your Account shall expire and stand forfeited to the Company, in instances where all the following conditions are fulfilled:
30. Participation from Prohibited States
1. The Platform shall not be accessed/ used by any person from outside India or any State in India in which conducting such Paid Contests are prohibited as per the local Applicable Law (“Prohibited States”). The Company retains the right to restrict and prohibit the access and/or use by any person, of any feature on the Platform relating to the Paid Format of the Contests from the Prohibited States.
2. You hereby acknowledge and confirm that: