Effective: February 2020 www.Fortune11.com has created this privacy statement in order to demonstrate our firm commitment to privacy. Fortune11 Private Limited is intended to provide fun and Online Fantasy Games and teens to use under the guidance of their parents and teachers. We provide this privacy policy to inform parents and legal guardians (collectively, “Parents”) about our privacy practices on our site www.Fortune11.com.
Fortune11 Private Limited ("Fortune11"). Through Fortune11, along with its sub-pages, and the Fortune11 App, Fortune11 operates one ceicket based online fantasy games. Fortune11 as used herein shall be construed as a collective reference to Fortune11 and the Fortune11 App.
Any person ("User") accessing Fortune11 or the Fortune11 App ('Fortune11 platform') for participating in the various contests and games (including fantasy games), available on Fortune11 platform ("Contest(s)") ('Fortune11 Services') shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Fortune11 in relation to any Fortune11 Services.
Fortune11 shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Fortune11 in relation to any Fortune11 Services, at any time, by posting the same on Fortune11. Use of Fortune11 constitutes the User's acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Fortune11 in relation to any Fortune11 Services, as may be amended from time to time. Fortune11 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 Fortune11, 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 Fortune11. 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 Fortune11
Certain Fortune11 Services being provided on Fortune11 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
Fortune11 may, at its sole and absolute discretion:
Change, suspend, or discontinue all or any part of the Fortune11 Platform Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on Fortune11 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 Fortune11 Platform;
Offer discounts to its users in form it deems fit ("Extra Cash/Bonus"). All such discounts shall be credited in a separate account called as Extra cash/ Bonus Account
Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Fortune11 reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Fortune11 or the Fortune11 Services, Fortune11 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 Fortune11 Contests or the Fortune11 Platform, deactivate or delete the User's account and all related information on the account, delete any content posted by the User on Fortune11 and further, take technical and legal steps as it deems necessary
If Fortune11 charges its Users a platform fee in respect of any Fortune11 Services, Fortune11 shall, without delay, repay such platform fee in the event of suspension or removal of the User's account or Fortune11 Services on account of any negligence or deficiency on the part of Fortune11, 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 Fortune11.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Fortune11 or any of its partners, licensors or associates.
All information collected from Users, such as registration and credit card information, is subject to Fortune11's Privacy Policy which is available at Privacy Policy
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Fortune11 may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
restricting, suspending, or terminating any User's access to all or any part of Fortune11 Services;
eactivating 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 Fortune11 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 Fortune11). Users further agree to update and keep updated their registration information
Users agree and acknowledge that the address related details provided, if any, by the user shall be treated as “Address on record” of the user for the purposes of Goods and Service Tax Act. In the event of the change in such details, the user shall promptly update his/her profile on the Fortune11 platform or write to Fortune11 at helpdesk.
A User shall not register or operate more than one User account with Fortune11.
Users agree to ensure that they can receive all communication from Fortune11 by marking e-mails or sending SMSs from Fortune11 as part of their "safe senders" list. Fortune11 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 Fortune11 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 Fortune11 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. Fortune11 shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Fortune11 Services and/or Fortune11 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 Fortune11 or Fortune11’s Services.
Users agree that without Fortune11's express written consent, they shall not modify or cause to be modified any files or software that are part of Fortune11'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 Fortune11 or the Fortune11’s Services (each a "Server"); or (2) the enjoyment of Fortune11 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 Fortune11 Services or any other person's use or enjoyment of Fortune11 Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Fortune11 Services by any means other than the User interface provided by Fortune11, 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 Fortune11 Services.
By entering a Contest, user agrees to be bound by these Terms and the decisions of Fortune11. Subject to the terms and conditions stipulated herein below, the Company, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Company deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Fortune11 to enter a contest and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose Any type of Extra cash/ Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Fortune11 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, Fortune11 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.
Registration for a contestIn 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
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, Odisha, 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, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
As part of its services, Fortune11 may make available the contest(s) on the Fortune11 platform.
Currently, following contests are made available on Fortune11 platform: 1) A fantasy cricket game, 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. Fortune11 reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Fortune11’s reasonable control, including but not limited to the ones’ mentioned herein below:
Actual match start time is before the official deadline:
Cricket -Fortune11 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 Fortune11 through reliable and/or publicly available sources, Fortune11 reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
Actual match start time is after the official deadline:
Fortune11 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.
Fortune11 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', players (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners ("Winners"). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team's aggregate score at the end of the designated match(s) of the Contests.
The Contest(s) across the Fortune11 Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
"Fantasy Rules" available at How To Play - Fantasy Cricket
Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
Currently, there are paid versions of the Contest(s) made available on Fortune11 platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing Fortune11 services and pre-determined participant'’s contribution towards prize money pool. The Participant with the highest aggregate points at the end of the pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the Fortune11 Services. However, unless Fortune11 specifies otherwise in relation to any Contest ("“Multiple Entry Contest"”), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that Fortune11 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 Fortune11 in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Fortune11 platform.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
In two members and above public contests, where all participants have entered the contest with the exact same teams, including the captain and vice-captain in such event, contest prize money shall be equally divided amongst all participants and the amount shall be deposited in the Fortune11 winning account of all participants and the remaining amount shall be credited in the Extra cash/ Bonus account of such participants. In the event a user is found to be violating this policy, the Company reserves the right to initiate appropriate action against such users as it deems fit, which shall also include forfeiture of the Extra cash/ Bonus Amount.
In Starting Lineup Feature : Purpose of indicating a player's inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Fortune11. While indicating a Player's inclusion in starting lineup is given by Fortune11 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. Fortune11, shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
Substitutes on the field will not be awarded points for any contribution they make. However, 'Concussion or COVID-19 or X Factor or Impact Player Substitutes' will ONLY be awarded points four (4) points for making an appearance in a match in addition to points for any contribution they make as per the Fantasy Points System (w.e.f Oct 9 2022).
Currently two formats of contest(s) are made available on Fortune11 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 100 contest (including both Public contests and Private contests) per match. Any participation in a contest more than 100 shall be automatically prohibited. All rules applicable to Contest(s) as set out herein shall be applicable to both formats of the Contest(s). Users by participating in a Contest(s) hereby authorize Fortune11 to appoint a third party/ Trustee/Escrow Agent to manage users funds on users behalf.
Public contest
In the Public contest format of the Contest(s), Fortune11 may make available the Contest(s) comprising of 2 – 100 Participants or any other pre-designated number of Participants.
Fortune11 may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests.
The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction.
In certain Contests across the Fortune11 Services, designated as “Guaranteed contests”, the Contest(s) shall become operational only when a minimum of two users join a Guaranteed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Guaranteed Contest, Fortune11 shall continue with such contests and the short fall in the prize pool shall be borne by Fortune11.
In the Private contest format of the Contest(s), Fortune11 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 2-20000 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 Fortune11 with the email address or Facebook account username of Invited Users to enable Fortune11 to send a message or mail inviting such Invited User to register with Fortune11 (if necessary) and participate in the Private contest in relation to which the invite has been issued.
In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and Fortune11 shall not be liable to any person for the inability of any Invited User to participate in any Private contest due to any cause whatsoever, including without limitation due to a hardware or technical malfunction or lack of eligibility of such Invited User to participate in the Contest(s).
Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the Fortune11 Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
Eligibility
Fortune11 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 Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ 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.
Fortune11 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 Fortune11 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.
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 Fortune11 Services charged by Fortune11 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 bank Accounts. The said accounts are operated by a third party appointed by Fortune11 in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) Fortune11 (towards its Platform Fees) and to (c) Government (towards TDS on Winnings Amount).
The Fortune11 reserves the right to charge a Platform Fee, which would be specified and notified by Fortune11 on the Contest page, being created on Fortune11 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 Fortune11 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 Fortune11 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 Fortune11 services are provided with two categories of accounts for the processing and reconciliation of payments: (i) 'Unutilized' Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User's accounts to any other category of account held by the user or any third party account, including a bank account held by a third party:
User's winnings in any Contest will reflect as credits to the User's Winnings Account.
User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutlized Account’.
Each time a User participates in any contest on Fortune11 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).
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.
All amounts credited into a User's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, Fortune11 reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
Withdrawal of any amount standing to the User's credit in the Winnings Account may be made by way of a request to Fortune11. Fortune11 shall effect an online transfer to the User's bank account on record with Fortune11 within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Account. Fortune11 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 Fortune11. 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 Fortune11 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 Fortune11, as well as the name and address existing in the records of the User's bank account as provided to Fortune11. In the event that no bank account has been registered by the User against such User's account with Fortune11, or the User has not verified his/her User account with Fortune11, to Fortune11's satisfaction and in accordance with these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Fortune11 shall not transfer any Winning amounts to the User.
All Extra cash/ Bonus credited in the User account shall be valid for a period of terms and condition of Fortune11. The unutilized Extra cash/ Bonus shall expire at the end of days from the date of credit.
Users agree that once they confirm a transaction on Fortune11, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Fortune11 has on third parties, any transactions on Fortune11 Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Similarly, the utilization of the Extra cash/ Bonus or money debited from 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the User's 'Unutilized' Account or Winnings Account balance. Users agree not to raise any complaint or claim against Fortune11 in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User's accounts A transaction, once confirmed, is final and no cancellation is permissible.
Fortune11 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.
Tabulation of fantasy points
Fortune11 may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider and/or official website of the match organiser comes to its attention, Fortune11 shall use best efforts to rectify such error prior to the distribution of prizes. However, Fortune11 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 Fortune11 in this respect.
Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, Fortune11 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.
Fortune11 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 Fortune11, Contest, "Fantasy Rules", etc.
Contacting Winners
Winners shall be contacted by Fortune11 or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
Photocopy of the User's PAN card;
Photocopy of a government-issued residence proof;
User's bank account details and proof of the same.
Fortune11 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 Fortune11. 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. Fortune11 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 Fortune11. 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 Fortune11, such Participant may contact Fortune11 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 Fortune11 shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Fortune11 shall not entertain any claims or requests for extension of time for submission of documents. Fortune11 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 matchs:
Determination by Fortune11 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. The TDS rate prescribed by the Government of India with respect to any prize money amount that is in excess of Rs. 10,000/- is 30% . TDS of 30% shall be deducted on Net Winnings ( prize money amount - contest entry amount - Extra cash/ Bonus). In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Fortune11 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 taxes, including but not limited to, income tax, gift tax, etc. in respect of the prize money.
Miscellaneous
The decision of Fortune11 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, Odisha, 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, Fortune11 shall disqualify such Participant and forfeit any prize won by such Participant. Further Fortune11 may, at its sole and absolute discretion, suspend or terminate such Participant's account with Fortune11. 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 Fortune11, subject to the processing fee (if any) applicable on such transfers as set out herein.
Publicity
Acceptance of a prize by the Winner constitutes permission for Fortune11, 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 Fortune11 without any charge. The exact dates remain the sole discretion of Fortune11. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
General Conditions
If it comes to the notice of Fortune11 that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Fortune11 that conduct of any such Contest(s) is prohibited, then Fortune11 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).
Dispute and Dispute Resolution
The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Fortune11 Services provided by Fortune11 (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 Fortune11, as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of the Republic of India.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification ("Notification") to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent Fortune11 from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Fortune11'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 Fortune11 to pursue any remedy for monetary damages through the arbitration described herein.
Rules of FairPlay
We at Fortune11 Consider Fair Play To Be A Crucial Part Of Our Organization And Any User Violating The Fair Play Terms Of Fortune11 Shall Be Held Entitled To Bear Various Consequences Including Blocking Of The User Account.Only one account can be one device.
FAIR PLAY VIOLATION Fortune11 INCLUDES
The people you are referring to should all be genuine accounts and the user should not use any fake accounts to gain the “Refer & Earn” cash bonus amount. The PAN card of all your referred friends should be verified. In an event, the PAN card of more than 5 of your referred friends is not verified the user will be considered as violating the Fair Play Terms of Fortune11. A user creating more than one account on the Fortune11 platform will be considered as violating the Fair Play Terms of Fortune11 as Fortune11 neither allows nor encourages any user to create more than one user account on Fortune11. Withdrawing money by using any unlawful or illegal means or trying to withdraw money by illegal manners is considered as Fair Play violation at Fortune11. If a user is found submitting fake copies or someone else’s documents while registering with Fortune11, the act will be considered as violating the Fair Play Terms of Fortune11. In case a user is found to be creating and using multiple accounts on a single device amid regular platform audits, then, the case shall be considered to violate Fair Play Terms of Fortune11 and shall attract needed actions. As part of the action, the withdrawal request of the user shall be put on hold.
CONSEQUENCES OF VIOLATION FAIR PLAY TEAM OF Fortune11
As a part of consequences for violating the terms of Fair Play at Fortune11, the account of the user found to be violating the Fair Play terms will be blocked. Further, in other scenarios, the total amount present in the Fortune11 wallet of the user violating the Fair Play Terms of Fortune11 will be reduced to zero. In case, a user is using a single device for creating multiple accounts on Fortune11, it should be ensured by the user that all the mandatory verification formalities including mobile, email, PAN card & Bank Account details verification have been done by the user for all the accounts created. Abiding by the said process will help such users, who create multiple accounts on a single device, in terms of smooth withdrawals on Fortune11.Two user team and high team one user and low team secound user ID Banned .