- Please read these Terms carefully before using the Service or visiting or accessing the Platform. Any person visiting or accessing the Website or App , creating an Account (defined below) on a Platform, and/or using the Service shall be bound by these Terms. Your use, or continued use of the Service constitutes acceptance of the Terms.
- As our Service evolves, the terms and conditions under which we offer the Service may be modified and we may cease offering the Service under the terms which were previously offered. Accordingly, ITP may update, modify, add or remove portions of these Terms at any time by posting an updated version, without advance notice to you. If we do so, we will post the revised Terms and update the “Last Updated” date at the top of these Terms. It is your responsibility to check these Terms periodically for changes. Your access to and/or use of the Service after any such change shall mean you accept such change. If, at any time, you do not wish to accept these Terms, you can reject the existing, new or revised Terms by discontinuing use of the Service and related services.
- Your participation in any Contest or viewing of certain content may be subject to further terms and conditions as may be notified by ITP from time to time on the Platforms or otherwise. You agree to be bound by and abide by the rules and regulations of each of the Contests as published and periodically updated by ITP on the Platforms.
- Games of skill are legal in India. All contests offered on ITP are games of skill and involve considerable skill, judgement and discretion. However, the applicable laws in force in certain states of India, such as Assam, Odisha, Telangana, Andhra Pradesh, Arunachal Pradesh, Meghalaya, Sikkim, Nagaland and states otherwise restricted by law, are unclear on the legality games of skill for stake. If you reside in any of these states, whether temporarily or permanently, you are prohibited from signing up as a member and participating in the Contests. You may participate in such games only if qualify the eligibility criteria set out in this Clause 2 (Eligibility).
By using the Service you represent and warrant that:
- you are at least Eighteen (18) years of age and competent to contract under the Indian Contract Act, 1872; and
- you are residing and physically located in India at the time of entry into a Contest (except for the states of Assam, Odisha, Telangana, Andhra Pradesh, , Tamil Nadu, Arunachal Pradesh, Meghalaya, Sikkim, Nagaland and states otherwise restricted by law) (collectively, the “Eligible Area”).
- The information provided by you including but not limited to your first and last name, date of birth, state of residence, phone number, email address and such other information as maybe requested by ITP is true, accurate and complete. You further confirm that the information provided by you is your personal information and you are not impersonating anyone to use the Platform and our Services.
- The Account (hereinafter defined) has been created by you solely for your personal use and not for the use by any third person including such persons who are ineligible to play the Contest per the terms specified under these Terms.
- Employees and agents of ITP, its corporate affiliates, advertising and promotional agencies, any prize sponsor and any person involved in the development, production, implementation, administration or fulfilment of the Contests and Service may not participate in any publicly available Contest, where such participation could alter, modify or unduly influence his/her performance on the Platforms, without prior written consent of ITP and subject to such additional terms and conditions ITP may impose on such person. Participation in public Contests for purposes of testing the user experience on a limited basis and in free Contests with no prizes is permitted.
- Operators of other fantasy gaming sites and individuals who, by virtue of affiliation with another fantasy site, have access to the such other site’s pre-release non-public confidential data about game-related information may not enter any Contests on the Platforms.
- Sports team owners, management, support and personnel and other individuals who through an ownership interest or game-related employment can influence the real life gameplay may not participate in any Contests in the sport(s) with which they are associated.
- Any membership, participation, access or use of the Service contrary to the above shall be at your sole risk and discretion and ITP shall not be liable to refund or reimburse any injury or damages suffered by you for violation of applicable law. If ITP determines that you do not meet the eligibility requirements of this clause, in addition to any rights that ITP may have in law or equity, ITP reserves the right to terminate your Account, withhold or revoke any awarding of any prizes associated with your Account or limit your ability to withdraw.
CONDITIONS OF PARTICIPATION
- Please ensure that your contact information is accurate, up-to-date, and complete. This information is mandatory if you wish to be eligible to win and collect prizes. A user who has not provided valid registration information will automatically be deemed ineligible for collecting winnings. Valid bank account details are also required to receive and collect a prize. You must not provide incorrect or misleading information when registering on the Platforms. Any discrepancy in the KYC shall make you ineligible for collecting winnings.
- At the time of registration, you will also be required to select a unique username and a password. The username must not be offensive, rude, disparaging, selected to deceive, delude, or misinform other Users, or infringe upon the intellectual property rights of third parties. ITP reserves the right to modify your username without prior notice. Passwords should be kept secret and changed periodically. You agree to accept responsibility for all activities that occur under your Account.
- You may not share an Account with another person or allow another User to play under your Account. Likewise, you may not enter a Contest on behalf of someone that is ineligible to participate in the Contest. For avoidance of doubt, Users may not “co-own” Accounts on the Service. If you are found to be sharing Accounts or participating in the Contests using more than one Account, penalties may include, but are not limited to, disqualification from current and future Contests and forfeiture of potential winnings.
- You will immediately inform of any changes to the information that you provided at the time of registration or notify us of any unauthorized use of your Account, password, or username, or any other breach of security by contacting support [ Contact Us]. Such changes may require certain documentation in order to confirm the requested changes.
- We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. However, you will be liable for losses incurred by us or another party due to someone else using your Account.
If for any reason the Service is not running as originally planned (e.g., if the Platform becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by Users, fraud, technical failures, or any other causes of any kind, in the sole opinion of ITP, corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), ITP reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification may be posted on the Platform.
- User winnings after contests are finished, are held in a separate, non-interest earning, segregated bank account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and ITP may not use them to cover its operating expenses or for other purposes. Users acknowledge that transactions on the Platforms may take up to Two (2) business days to be processed. Users agree not to raise any complaint or claim against ITP in respect of any such delay.
- You may request a withdrawal of funds from your available balance in your Account at any time. The minimum withdrawal is Indian Rupees [insert]. ITP shall affect an online transfer to the User's bank account on record within a commercially reasonable period of time. 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 ITP 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 the Service, as well as the name and address existing in the records of the User's bank account as provided to ITP. In the event that no bank account has been registered by the User against such User's Account with ITP, or the User has not verified his/her Account with ITP, to ITP 's satisfaction and in accordance with these Terms, and in case the User fails to register a bank account with his/her Account and/or to verify his/her Account, ITP shall not transfer any winning amounts to the User.
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act, 1961. Users will be provided TDS certificates in respect of such tax deductions. Users 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.
Entry into a Contest constitutes permission for ITP, and its service provider, business partners, and affiliates to use the User’s name, likeness/display picture, 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. Users agree that ITP may announce any winner's name on-air or on its Platform or any other location at any time in connection with the marketing and promotion of ITP or other contests or games operated by ITP. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfilment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.
- The Service contains a variety of: (a) materials and other items relating to ITP and its products and services, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, user interface, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (b) trademarks, logos, trade names, service marks; and (c) other forms of intellectual property (all of the foregoing, collectively, “Content”).
- All rights, title and interest in the Platform, Service, Contests and all related pages, code and Content (including past, present, and future versions) and the selection, coordination, and arrangement of such Content (“Intellectual Property”) are owned by ITP and are protected by Indian intellectual property laws to the fullest extent possible. Copying, reproducing, modifying, distributing, displaying, performing, transmitting or unauthorized use of any Intellectual Property without the express written consent of ITP is strictly prohibited.
- All trademarks, logos, proprietary names and content reproduced on this Platform belong to their respective owners. Any reference or depiction of such marks and content is merely incidental in nature and for the purposes of reporting.
- Subject to your strict compliance with these Terms, ITP grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, non-commercial use only. Any other use, including for any commercial purposes, is strictly prohibited without our express prior written consent. Systematic retrieval of data or other content from the Service, whether to create or compile, directly or indirectly, a collection, compilation, database or directory, is prohibited absent our express prior written consent.
- These Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by ITP. Any unauthorized use of any Content or the Service for any purpose is prohibited.
CODE OF CONDUCT
- By entering a Contest on the Service, Users agree to be bound by these rules and our decisions, which shall be final and binding in all respects. We may, at our sole discretion, disqualify any User from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the User engages in conduct or otherwise utilizes any information, we deem to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users.
These Terms prohibit Users from entering a Contest if the User:
- Falsifies personal information required to enter a Contest or claim a prize;
- Engages in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;
- Colludes with any other User(s) or engaging in any type of syndicate play;
- Violates of rules of a Contest or these Terms;
- Uses a single account to participate in a Contest on behalf of multiple Users or otherwise collaborates with others to participate in any Contest;
- Uses automated means (including, but not limited to, harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Service or of any User for any purpose;
- Abuses the Service or any offers or promotions provided on the Service in any way;
- Tampers with the administration of a Contest or tries to in any way tamper with the computer Service or any security measure associated with a Contest; or
- Obtains other Users’ information or spams other Users.
- Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.
You hereby agree that you shall not violate these Terms and shall not:
- Use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products);
- Use any meta tags or any other “hidden text” utilizing any Intellectual Property;
- Engage in any activities through or in connection with the Service that seek to attempt to or do harm minors or any individuals or entities or are unlawful, offensive, blasphemous, disparaging, racially abusive, obscene, violent, threatening, harassing, or abusive, or that violate any right of any third party, violative of applicable laws or are otherwise objectionable to ITP;
- Reverse engineer, decompile, disassemble, reverse assemble, or modify any site source or object code or any software or other products, services, or processes accessible through any portion of the Service;
- Engage in any activity that interferes with a User’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, ITP , or other Users of the Service;
- Interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service and/or the Content;
- Frame or utilize framing techniques to enclose any Content (including any images, text, or page layout) or use such Content in a manner that suggests an association with ITP or any of our or affiliates and business partners;
- Modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party application or websites, or otherwise use or exploit Content in any way for any without the prior written consent of ITP; and
- Insert any code or product to manipulate the Service or Content in any way that adversely affects any User experience.
- Introduce or attempt to introduce any corrupt data, viruses, malware, harmful, destructive and disruptive files into the Platform.
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 WonderWins. While indicating a Player's inclusion in starting lineup is given by WonderWins 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. WonderWins shall not take any liability, if a player earlier indicated as 'Playing’ does not play or start for any reason whatsoever.
- In case there is any mistake in the updating of playing 11 due to loopholes on the end of official data providers no contest entry amount will be refunded. You are advised to cross-check the playing 11 on different official platforms for confirmation.
- It often happens that the playing 11 is not announced right before the start of the live match. This highlights that there is no surety that you will receive updates regarding playing 11 before the start of the official match.However, there are 1 in 100 chances for such happenings to occur & most of the time playing 11 is announced well-before the start of the live match
Actual match start time is before the official deadline
All sports other than Cricket
- WonderWins 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 -WonderWins reserves the right to adjust the dead line by a Maximum of 10 minutes or 3 over’s bowled, whichever is less, before the official match start time. In cases where official match time cannot be verified by WonderWins through reliable and/or publicly available sources, WonderWins reserves the right to adjust the deadline to such a time by which a maximum of Z overs in the given match are bowled
- Actual match start time is after the official deadline: WonderWins reserves the right to extend the deadline or abandon the contest/game based on the circumstances like the relayed toss, interruption on account of weather, non-appearance of teams, technical/equipment glitches causing delays etc.
THIRD PARTY SITES AND ADVERTISEMENTS
- Third Party Sites
The Service may also contain links to other sites including sites controlled by ITP (“ITP Sites”) as well as those that are controlled by third parties (“Third Party Sites”). Third Party Site are not controlled by ITP, and Users acknowledge that ITP is not responsible for the content accessed at or through such Third Party Sites. ITP provides such links only as a convenience, and the inclusion of any link does not imply endorsement by ITP of any linked website. ITP does not endorse, approve, or sponsor any Third Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, ITP is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at or through such Third Party Sites. We may also employ internal or third party advertisement serving technologies or services for servicing advertisements within the Platform or Service. ITP will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party sites or services. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the third parties. ITP disclaims all liability in connection therewith.
- Dealings with Third Parties
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). ITP disclaims all liability in connection therewith.
- USER DISPUTES
You are solely responsible for your interactions with other Users, whether online or offline. We are not responsible or liable for the conduct or content of any User. ITP reserves the right, but shall have no obligation, to monitor or become involved in disputes between you and other Users. Exercise common sense and your best judgment in your interactions with others in all of your online activities.
GAME OF SKILL
- All Contests offered by ITP are games of skill. Users will be able to visit the Service and view the Contests available for entry. Winners are determined using the criteria set forth in the posted rules for each Contest (“Rules”). Such Rules are deemed to be incorporated herein by reference. For each contest, winners are determined by the relative knowledge and skill of Users to score the highest amount of Contest points from the accumulated statistical results of the performance of individual athletes in real-world sporting events. Users have the responsibility to review the Rules prior to participating in any Contest, and to review the Rules for any changes. In the event of any conflict between these Terms and the Rules, the Rules shall prevail for the matters stated therein. By entering into a Contest, you agree to abide by the then-applicable Rules of the Contest in which you have entered. Your failure to follow the Rules of the Contest(s) in which you enter will result in your immediate and automatic forfeiture from the Contest. In such event, ITP reserves the right to immediately terminate your access to the Service. The results and winners of each Contest offered on the Service will be determined by us at our sole discretion and such determinations are final. By registering an account and/or participating in any Contest, you agree to be bound by these determinations.
- Users from Assam, Odisha, Telangana, Andhra Pradesh, Tamil Nadu, Arunachal Pradesh, Meghalaya, Sikkim, Nagaland and states otherwise restricted by law should not use the Service as the laws in these States are unclear as to whether games of skill may be played for a free. Please check the relevant laws in your jurisdiction before accessing and using the Service. Any liability or penalty, for violation of the applicable laws is solely of the User.
- All prizes offered are established and made known to Users in advance of a Contest. After each Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The Users who accumulate the most fantasy points and comply with eligibility requirements and applicable Rules for each Contest will win prizes as set out in the Contest details. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified.
- Once winners are initially announced by ITP, the scoring results will not be changed in light of official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our service provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. ITP has no obligation to delay the awarding of a prize in anticipation of any adjustment.
- No substitution or transfer of a prize is permitted. 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 legal authority, ITP reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of Contests, ITP is the sole judge and its decisions are final and binding.
- Apple is not involved in any way with the contest or sweepstakes. Apple is not a sponsor.
YOUR ACCESS TO AND USE OF THE SERVICE, PLATFORM AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, ITP , its parent company, and each of their respective subsidiaries and each of their respective employees, directors, officers, managers, shareholders, agents, prize providers, agencies, vendors, licensors, licensees, contractors, successors, and assigns hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
- the Service and Contests (including the Content);
- the functions, features, or any other elements on, or made accessible through, the Service;
- any products, services, or instructions offered or referenced at or linked through the Service;
- security associated with the transmission of your User Content transmitted to or via the Service;
- whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
- whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable;
- whether any defects to or errors on the Service will be repaired or corrected;
- whether your access to the Service will be uninterrupted;
- whether the Service will be available at any particular time or location; and
- whether your use of the Service is lawful in any particular jurisdiction.
- EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY ITP, ITP HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
- ITP is not responsible for any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit a User to participate in a Contest), including, without limitation, any injury or damage to any User’s or any other person’s computer or video equipment relating to or resulting from participation in a Contest; inability to access the Service, or any web pages that are part of or related to the Service; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider’s facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof.
- If for any reason a Contest is not capable of running as originally planned, or if a Contest, computer application, or website associated therewith (or any portion thereof) becomes corrupt or does not allow the proper entry to a Contest in accordance with the Terms or applicable Rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by Users, fraud, technical failures, or any other causes of any kind, in our sole opinion corrupts or affects the administration, security, fairness, integrity, or proper conduct of a Contest, ITP reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Contest, and select the winner(s) from all eligible entries received.
- Any attempt by a User or any other individual to damage the service or undermine the legitimate operation of any Contest is a violation of criminal and/or civil laws and should such an attempt be made; ITP reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- ITP reserves the right, in its sole discretion, to cancel or suspend the Contests (or any portion thereof) should virus, bugs, unauthorized human intervention, or other causes corrupt administration, security, fairness, integrity or proper operation of the Contests (or any portion thereof) warrant doing so.
LIMITATION OF LIABILITY
Under no circumstances will ITP be responsible or liable for any loss or damages of any kind, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:
- the Service and Contests (including the Content);
- your use of or inability to use the Service, or the performance of the Service;
- any action taken in connection with an investigation by ITP or law enforcement authorities regarding your access to or use of the Service;
- any action taken in connection with copyright or other intellectual property owners or other rights owners;
- any errors or omissions in the Service’s technical operation; or
- any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.
- If you claim that you have incurred any loss, damages, or injuries in connection with your participation in the Service, then the losses, damages, and injuries will not be irreparable or sufficient to entitle you to an injunction or to other equitable relief of any kind. This means that, in connection with your claim, you agree that you will not seek, and that you will not be permitted to obtain, any court or other action that may interfere with or prevent the development or exploitation of any websites, applications, content, Content, product, Service, or intellectual property owned, licensed, used or controlled by us.
- In consideration of ITP allowing Users to access the Service, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against ITP, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of the Service or related to the Contests or the prizes of the Contests.
We reserve the right to modify, suspend, cancel or discontinue the Service, in whole or in part, for any reason, at its sole discretion, with or without notice to Users. ITP may, among other things, withdraw, limit, modify, suspend or cancel any prize and/or modify or regulate the prizes or benefits you may have accrued. Each User agrees that ITP will not be liable to the User or any third party for any modification or discontinuance of the Service. ITP reserves the right to interpret and apply the policies and procedures communicated in these Terms. ITP reserves the right to terminate any User’s participation in the Service, to deny award of any prize and/or terminate service if, in ITP ’s sole judgment, such User has in any way violated these Terms.
GOVERNING LAW AND DISPUTE RESOLUTION
- All or any disputes arising out of these Terms including the interpretation and validity of the Terms and the respective rights and obligations of the parties shall be settled through arbitration.
- The place of arbitration proceedings be New Delhi. 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.
- Subject to Clause 14.1 above, the courts of New Delhi shall have exclusive jurisdiction.
- In exchange for the right to participate in the Service and Contests, you agree to indemnify, defend (at our option) and hold ITP harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss of property, that directly or indirectly arise from or are related to: (a) injuries, damages, or losses to persons and property which may be sustained in connection with participation in a Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy; (b) your use of the Service and your activities in connection with the Service; (c) your breach or anticipatory breach of these Terms; (d) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service, participation in Contests, and your other activities in connection with the Platforms and the Service; (e) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; and (g) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). We may, in our sole and absolute discretion, require any prize winner to execute a separate release of claims similar to the one listed above in this Clause as a condition of being awarded any prize or receiving any pay-out.
- You will cooperate as fully required by us in the defence of any Claim and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of ITP.
- If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms (which will remain in full force and effect). To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against ITP.
- When you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Further, the details you share with us via emails/text messages are saved in our systems. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Investigations; Termination; Survival
- We reserve the right, without any limitation, to: (a) investigate any suspected breaches of its site’s security or its information technology or other systems or networks; (b) investigate any suspected breaches of these Terms; (c) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with applicable law; (d) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters; (e) prosecute violators of these Terms; and (f) discontinue the Service, in whole or in part, or, except as may be expressly set forth in any additional terms, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.
- Any suspension or termination will not affect your obligations to us under these Terms. Upon suspension or termination of your access to the Service, or upon notice from us, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to us in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and arbitration.
- We may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of ITP.
- Except as expressly set forth in these Terms, (a) no failure or delay by us in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (b) no waiver or modification of any term of these Terms or any will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
- You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
Apple is not involved in any way with the contest or sweepstakes. Apple is not a sponsor.