Terms and Conditions

Overview

Welcome to Powerplayer. Please read this page carefully. It sets out the terms which apply to your use of the Powerplayer website and mobile application (collectively referred as "the Website"). By using the Website, you agree to comply with these terms and conditions. If you do not agree to these terms of use, please refrain from using the Website. Powerplayer is the flagship brand of Encodebyte Technology Private Limited “Powerplayer”.

Usage of Powerplayer

Whosoever makes use of the Website (“User”) or accessing the facilities offered therein (“Facilities/Services”) which shall further include their participation in all the games and contests (including fantasy games) that will be conducted on the Website (“Competition/Contests”) shall be bound by these Terms and Conditions and all other rules, regulations and terms of use referred to herein or provided by the Website in relation to any Facility provided herein.

Modification

Any use of the Website establishes the User's assent to such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Powerplayer in relation to any Amusement Facility. Users may be notified of any change or amendment to these Terms and conditions by posting notifications on their accounts or via email to their registered email address.

User is required to notify Powerplayer of non-acceptance of amended Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Powerplayer in such email or notification. The User will be deemed to have accepted such amended Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Powerplayer if no action is taken by the User within the time specified in the email or notification. Certain Facilities being provided on Powerplayer 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.

Powerplayer is vested with absolute and sole discretion to:

• Restrict, suspend, or cancel any User’s access to all or any part of the Website or the Website Facilities/Services;
• Change, suspend, or discontinue all or any part of the Facilities Services;
• Reject, move, or remove any material that may be submitted by a User;
• Move or remove any content that is available on the Website;
• Deactivate or delete a User’s account and all related information and files on the account;
• Establish general practices and limits concerning use of the Website.
• Revise or make additions 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 and any further revision which arose out of necessity.
• Assign its rights and liabilities to all User accounts hereunder to any entity (post intimation of such assignment shall be sent to all Users to their registered email ids)

Eligibility

• The Contest(s) are open only to persons above the age of 18 years.
• The Contest(s) are open only to persons currently residing in India. Powerplayer 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 Arunachal Pradesh, Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, 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.
• Only those Participants who have successfully registered on the Powerplayer 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 real cash

Breach

In the event of any User’s breach or Powerplayer reasonably believes that such User has breached these Terms and Conditions, or has illegally or indecorously used the Website or its provided Facilities, Powerplayer may, restrict, suspend or cancel such User’s access to all or any part of the Website or its Facilities /Services, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User’s on the Website and further, take technical and legal steps as it deems necessary at its sole and absolute discretion without any notice being provided to the User’s. If User’s fee (if any) is charged by Powerplayer in respect of any of its Facilities/Services, the Website shall repay such fee in the event of suspension or removal or the User’s account or the Website and its Facilities on account of any negligence on the part of Powerplayer.

Intellectual Property

The Website is protected by copyright, database rights and other intellectual property and related rights ("Rights") which are owned by the Website and its associates. All such Rights are reserved. Except where otherwise indicated on the Website:

The intellectual property rights ("Intellectual Property Rights") in all software underlying the Website and its Facilities/Services and material published on the Website, including (list is inclusive) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation and any other is owned by Powerplayer, its partners, licensors and/or associates as mentioned in the Copyright Information in the website Users shall not exploit the Intellectual Property Rights that is owned by Powerplayer and its attributes without express written license from Powerplayer.Users shall be solely responsible for all materials (whether publicly posted or privately transmitted) that the users shall make available on the Website ("Users' Content").

• It is the responsibility of the User's to make sure that the Intellectual Property Rights that is made available in the User's content is owned by them and does not violate 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 the Website.
• Users hereby grant to Powerplayer 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 the Websitedistributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it and/orStoring 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 the Websites 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 Powerplayer.

Third Party Sites, Services and Products

The Website may contain links to other Internet sites owned and operated by third parties. User's use of each of those sites is subject to the conditions, if any, posted by the sites. Powerplayer does not exercise control over any Internet sites apart from the Website and cannot be held responsible for any content residing in any third party Internet site.

Powerplayer's inclusion of third-party content or links to third-party Internet sites is not an endorsement by Powerplayer of such third-party Internet site.Users' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party.

Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.

The Website contains content that is created by it. Powerplayer shall not responsible for the content of the third parties with regards to its accuracy, integrity and quality and such content may not be relied upon by the Users in utilizing the Facilities provided on the Website including while participating in any of the contests hosted on Powerplayer.

User Conduct

Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. Powerplayer 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 the website.

Any modification of files or software that are part of the Website Facilities shall not be done by the users without Powerplayer's express written consent. Users agree not to engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication. Powerplayer's right to comply with governmental, court and law-enforcement requests or requirements relating to Users' use of the Website.

Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites. Use of the website is subject to existing laws and legal processes.

Links to other websites and advertisements

Powerplayer includes links to other websites as well. Our Privacy Policy does not apply to the concerned websites and they may have different privacy policies. If the User cannot find the privacy policy of any of these sites via the site's homepage, the User may contact the site directly.

Whenever information is presented to its online advertisers with the purpose of helping them to understand our audience and confirm the value of advertising on our website, it is provided in the form of aggregated statistics on traffic to different areas of the site.

On our websites, we use third-party advertisers to serve ads. The advertisers may use information (excluding your name, address, email address, or telephone number) about your visits to this and other websites in order to target advertisements that are relevant to your interests. There may or may not be a number of deceptive emails, websites, blogs, etc. circulated on the Internet and claiming to be in association with Powerplayer.

Some emails, websites, blogs etc. call the user to provide login name, password etc. or that the user has won a contest/gift or provide a method to commit an illegal/ unauthorized act or deed or request detailed personal information or a payment of some kind. The sources and contents of these emails, websites, blogs etc. and accompanying materials are in no way associated with our corporation. For the protection of your own privacy, we strongly recommend not responding to emails or using websites, blogs etc.

Registration

• 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
  • Country of Residence
  • Gender
  • Date of birth
• Participants are also required to confirm that they have read and shall abide by, these Terms and Conditions.
• If the participant belongs to a state where game of sake is considered illegal. In such cases he/she will not be allowed to participate in the competition/contest.

Tabulation of fantasy points

Powerplayer may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s). in case there is any error in computation of points or selection of winners as a result of inaccurate feeds provided by the third party service providers, Powerplayer will try to resolve the error as soon as possible but in case any inconvenience is caused even after the rectification, Powerplayer will not be liable for such loss. Further the Users accept these terms and agree not to raise any objection or claim with regards to the matter as mentioned above.

Contacting Winners

Winners shall be contacted by Powerplayer 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 cash 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 or voter ID card;
• Photocopy of a government-issued residence proof;
• User’s bank account details and proof of the same.

Powerplayer shall not permit a Winner to withdraw his/her win/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Powerplayer. 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. Powerplayer 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 Website. The winners will also be intimidated by email. In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Powerplayer, such Participant may contact Powerplayer within the time specified on the webpage.

Winnings come with 365 days of validity. The amount, if not used or withdrawal within the validity period will expire. In case of Non-KYC accounts winnings come with 180 days of validity The amount, if not used for withdrawal in validity period will expire

Miscellaneous

Powerplayer will not bear any responsibility for the transportation or packaging of real cash to the respective winners. If it is found that a Participant playing the paid formats of the Contest(s) is violating Indian Majority Act or any other law of the land for time being, such Participant may be disqualified and forfeit his/her win. All real cash is non-transferable and non-refundable.

Publicity/Advertising

Acceptance of a cash by the Winner constitutes permission for Powerplayer 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 Powerplayer without any charge.

Dispute Resolution

The courts of competent jurisdiction at Arunachal Pradesh, Assam, Odisha, Sikkim, Nagaland, Andhra Pradesh, Telangana shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Amusement Facilities/Services provided by Powerplayer (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 Powerplayer, 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.

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 the Courts of the competent Jurisdiction as mentioned herein.

Nothing contained in these Terms and Conditions shall prevent Powerplayer from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Powerplayer'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 Powerplayer to pursue any remedy for monetary damages through the arbitration described herein.

Limitations of liability

Powerplayer do not make any representation, warranty or guarantee, express or implied, relating to the Promotion or real cash and are not responsible for:

• Any incorrect or inaccurate information, whether caused by Users, printing errors or by any of the equipment, hardware, software or programming associated or used with the Promotion;
• Technical errors, defects, delays or failures of any kind, including without limitation malfunction, disruptions or disconnections in communications lines, Internet or website access, hardware or software;
• Digital or electronic disruptions, e.g., viruses;
• Unauthorized human intervention, e.g., hacking;
• The technical or human error which may occur in connection with any aspect of the Promotion;
• Any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion, access to, copying or downloading materials from the Website or any other website, or receipt or use of any gift.