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CosmicCrick
CosmicCrick is the flagship brand of Sporta Technologies Private Limited ("CosmicCrick"). Through CosmicCrick, along with its sub-pages, and the CosmicCrick App, CosmicCrick offers cricket based, football based, basketball based, volleyball based, hockey based, baseball based, handball based, American football based and kabaddi based online fantasy games. CosmicCrick as used herein shall be construed as a collective reference to CosmicCrick and the CosmicCrick App. -
Usage of CosmicCrick
- Any person ("User") accessing CosmicCrick or the CosmicCrick App ('CosmicCrick platform') for participating in the various contests and games (including fantasy games), available on CosmicCrick platform ("Contest(s)") ('CosmicCrick Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by CosmicCrick in relation to any CosmicCrick Services.
- CosmicCrick shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by CosmicCrick in relation to any CosmicCrick Services, at any time, by posting the same on CosmicCrick. Use of CosmicCrick constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by CosmicCrick in relation to any CosmicCrick Services, as may be amended from time to time. CosmicCrick may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by CosmicCrick, by way of sending an email to the User's registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by CosmicCrick. If such options are not exercised by the User within the time frame prescribed in the email or notification, the User will be deemed to have accepted the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by CosmicCrick
- Certain CosmicCrick Services being provided on CosmicCrick 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
- CosmicCrick may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User's access to all or any part of CosmicCrick or CosmicCrick Platform Services;
- Change, suspend, or discontinue all or any part of the CosmicCrick Platform Services;
- Reject, move, or remove any material that may be submitted by a User;
- Move or remove any content that is available on CosmicCrick Platform;
- Establish general practices and limits concerning use of CosmicCrick Platform;
- Offer discounts to its users in form it deems fit ("Discount Bonus"). All such discounts shall be credited in a separate account called as Discount Bonus Account
- Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
- Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
- In the event any User breaches, or CosmicCrick reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used CosmicCrick or the CosmicCrick Services, CosmicCrick 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 CosmicCrick Contests or the CosmicCrick Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on CosmicCrick and further, take technical and legal steps as it deems necessary
- If CosmicCrick charges its Users a platform fee in respect of any CosmicCrick Services, CosmicCrick shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or CosmicCrick Services on account of any negligence or deficiency on the part of CosmicCrick, 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 CosmicCrick.
- Users consent to receiving communications such as announcements, administrative messages and advertisements from CosmicCrick or any of its partners, licensors or associates.
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Intellectual Property
- CosmicCrick includes a combination of content created by CosmicCrick, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights ("Intellectual Property Rights") in all software underlying CosmicCrick and the CosmicCrick Platform and material published on CosmicCrick, 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 CosmicCrick, 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 CosmicCrick either in whole or in part without express written license from CosmicCrick
- Users may request permission to use any CosmicCrick content by writing in to CosmicCrick Helpdesk.
- Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on CosmicCrick ("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 CosmicCrick. Users agree to indemnify and hold harmless CosmicCrick, 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 CosmicCrick, by such User or through the User's commissions or omissions
- Users hereby grant to CosmicCrick 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 CosmicCrick
- 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 CosmicCrick(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 CosmicCrick.
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Third Party Sites, Services and Products
- CosmicCrick 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. CosmicCrick does not exercise control over any Internet sites apart from CosmicCrickand cannot be held responsible for any content residing in any third-party Internet site. CosmicCrick's inclusion of third-party content or links to third-party Internet sites is not an endorsement by CosmicCrick of such third-party Internet site.
- Users' correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users' correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that CosmicCrick 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.
- CosmicCrick contains content that is created by CosmicCrick as well as content provided by third parties. CosmicCrick does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the CosmicCrick Services provided on CosmicCrick including while participating in any of the contests hosted on CosmicCrick.
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Registration for a contest
- In order to register for the Contest(s), Participants are required to accurately provide the following information:
- Full Name
- Team Name(s)
- E-mail address
- Password
- State of Residence
- Gender
- Date of birth
- Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
- In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
- Once the Participants have entered the above information, and clicked on the “register” tab, the Participants account is created with the above information.
- In order to register for the Contest(s), Participants are required to accurately provide the following information:
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Contest(s), Participation and Prizes
- As part of its services, CosmicCrick may make available the contest(s) on the CosmicCrick platform.
- 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 Sport Event or adjusted deadline, as specified below.
- CosmicCrick reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond CosmicCrick’s reasonable control, including but not limited to the ones’ mentioned herein below:
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Actual match start time is before the official deadline:
- All sports other than Cricket-
- CosmicCrick reserves the right to adjust the deadline to a maximum of 10 minutes post actual match start time. In case the actual match start time is more than 10 minutes of official deadline, the contest will be abandoned.
- Cricket -
- CosmicCrick 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 CosmicCrick through reliable and/or publicly available sources, CosmicCrick reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
- All sports other than Cricket-
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Actual match start time is after the official deadline:
CosmicCrick reserves the right to extend the deadline or abandon the contest/game based on the circumstances such as delayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
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- CosmicCrick reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond CosmicCrick’s reasonable control, including but not limited to the ones’ mentioned herein below:
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Discounts Offered
In order to conduct promotional activities and provide incentives, CosmicCrick may gratuitously issue discounts to the User which may be utilised for any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount of discounts to any other account. The usage of any discounts issued as a promotional measure or to provide incentives shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which discounts must be used, as applied by CosmicCrick and notified to the User at the time of issue of such amount. The issue of any discounts to the Users is subject to the sole discretion of CosmicCrick and cannot be demanded by any User as a matter of right. The issue of any discount by Deam11 on any day shall not entitle the User to demand the issuance of such discount at any subsequent period in time nor create an expectation of recurring issue of such discount by CosmicCrick to such User. The discount granted to the User may be used by such User for the purpose of setting off against the contribution to prize pool in any Contest, in accordance with these Terms and Conditions. The discounts shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with CosmicCrick or such account if terminated by CosmicCrick, all discounts granted to the user shall return to CosmicCrick and the User shall not have any right or interest on such discount.CosmicCrick currently grants discounts of three types- Discount Bonus:
- All Discount Bonus awarded in the User account shall be valid for a period of 14 days from the date of award. The Discount Bonus shall lapse at the end of 14 days. The Discount Bonus amount shall reflect in a separate “Discount Bonus” account.
- Discount bonus is non-transferable and cannot be withdrawn.
- Discount Points:
- All Discount Points shall be valid for a period of three (03) months from the date of award of points.
- Discount Points are non-transferable, cannot be withdrawn.
- Discount points are awarded on successful deposit in the Amount unutilised Account. In the event of any withdrawal of the deposited amount in Amount unutilised Account, the Discount Points given to the user for such deposit amount shall also be captured and the user will not be able to utilise such captured Discount Points.
- Discount Points can be utilised for joining a contest as a discount for a maximum of 22% of the contest entry amount (less any other discounts available with the user).
- In the event of a match abandonment or cancellation, the Discount Points used by the user in such contest shall be returned to the users Discount Points Account.
- Discount Coupons
- Discount coupons shall be given by CosmicCrick at its sole discretion. Each discount coupon shall be governed by the specific terms and conditions as notified by CosmicCrick at the time of grant of such discount coupons.
- Each discount coupon shall have its own validity and specific terms and conditions.
- In case of any conflict between these terms and the terms specific to the discount coupon, the terms specific to the discount coupon shall prevail.
- Discount Bonus:
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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, CosmicCrick 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.
CosmicCrick 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 CosmicCrick, Contest, "Fantasy Rules", etc. - Contacting Winners
Winners shall be contacted by CosmicCrick or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, Winners will be required to provide following:- User's PAN card;
- Any other Officially Valid Document
- User's bank account details
Participants are required to provide proper and complete details at the time of registration. CosmicCrick 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 CosmicCrick. 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 CosmicCrick, such Participant may contact CosmicCrick 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 CosmicCrick shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). CosmicCrick shall not entertain any claims or requests for extension of time for submission of documents.
CosmicCrick 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 reasons:- Determination by CosmicCrick 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. With effect from 1st April 2023, TDS of 30% shall be deducted on Net Winnings (NW) on each withdrawal request placed by the user.
- Net Winnings shall be calculated as follows: NW = (A+D)-(B+C+E). Where : A= Total withdrawal (including current withdrawal amount), B= Total Deposit, C= Opening Balance at the beginning of financial year, D= Closing balance of the user account at the end of financial year, E= Amount on which TDS was deducted.
In the event, a user does not withdraw any of his winnings during a financial year and has Net Winning balance as at 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from the user’s Winning Account as on 31 March. In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by CosmicCrick in accordance with the then current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. CosmicCrick shall not in any manner be responsible for users individual tax matters. - Miscellaneous
The decision of CosmicCrick 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 - Andhra Pradesh, Assam, Nagaland, Sikkim 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, CosmicCrick shall disqualify such Participant and forfeit any prize won by such Participant. Further CosmicCrick may, at its sole and absolute discretion, suspend or terminate such Participant's account with CosmicCrick. Any amount remaining unused in the User's Amount Unutilised Account or Winnings Account ( subject to deduction of applicable TDS with effect from 1st April 2023 as applicable ) 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 CosmicCrick, 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), CosmicCrick shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, CosmicCrick may, at its sole and absolute discretion, suspend or terminate such Participant's account.
To the extent permitted by law, CosmicCrick 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.
CosmicCrick may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against CosmicCrick or question its right to modify such prizes being offered, prior to closure of the Contest.
CosmicCrick will not bear any responsibility for the transportation or packaging of prizes to the respective winners. CosmicCrick 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.
- Selection of Winners
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General Conditions
If it comes to the notice of CosmicCrick that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of CosmicCrick that conduct of any such Contest(s) is prohibited, then CosmicCrick 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 are not be eligible to participate in any Public Contest(s). -
IBC CosmicCrick Contest
- Users participating in the IBC CosmicCrick Contest hereby agree to be contacted by ICC Business Corporation FZ LLC (“IBC”) for promotion and marketing purposes. User information will only be shared if the user has joined the IBC CosmicCrick contest. Users personal information shall only be used where General Data Protection Rules allows CosmicCrick to do so. User may at any time withdraw their consent and request deletion of their personal information by writing to CosmicCrick Helpdesk and once CosmicCrick has received the user notification, CosmicCrick will endeavour to delete or de-identify the user information and will no longer use users personal information unless CosmicCrick has a legitimate basis for doing so by law.
- The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winners. In the event of more than one participating team having the same team score, the Winner will be decided on the basis of points by earned by the captain of such competing team. If the participating team(s) have the same captain, then the participating team with the vice -captain having higher score shall be declared a Winner. In the event of participating team(s) having the same captain and vice-captain, the Winner will be declared based on the Participant submitting their team first.
- 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.
- ICC shall be solely responsible for distribution of prizes for all the IBC CosmicCrick Contest winners. CosmicCrick shall not be held responsible for any lapses on part of ICC to give the prizes.
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Grievance Redressal Mechanism
- In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms (other than an infringement of Intellectual Property Rights) for the reporting mechanism for such claims), (ii) your access to the Platform or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards the complainant or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: [email protected]
- In your complaint or grievance, please include the following information:
- Your name and contact details: name, address, contact number and email address;
- Your relation to the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person;
- The name and age of the person aggrieved or affected by the subject matter of the complaint, in case your are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance;
- Description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made;
- A statement that you believe, in good faith, that the User Content violates these Terms
- A statement that the information provided in the complaint or grievance is accurate.
- The Company respects the Intellectual Property Rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information:
- A clear identification of the copyrighted work allegedly infringed;
- A clear identification of the allegedly infringing material on the Platform;
- Your contact details: name, address, e-mail address and phone number;
- A statement that you believe, in good faith, that the use of the copyrighted material allegedly infringed on the Platform is not authorized by your agent or the law;
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Your signature or a signature of your authorized agent.
- On receiving such complaint, grievance or notice, the Company reserves the right to investigate and/or take such action as the Company may deem appropriate. The Company may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
- The name and title of the Grievance Redressal Officer is as follows:
Name: Gaurav BajajThe Grievance Officer identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the Rules enacted under those laws.The Company reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the website, which replacement shall come into effect immediately upon publication.