Terms and Conditions

LastUpdated: 27 January, 2022
  1. Introduction
  2. NxGn Sports Interactive Pvt. Ltd. (hereinafter referred to as "Twelfth Man") is a private limited company incorporated under the Companies Act, 2013, owning and operating the Twelfth Man platform, a web and mobile application-based platform ("Platform") offering free-to-play online fantasy games/contests ("Free Contests") and pay-to-play online fantasy games/contests ("Paid Contests" and together with the Free Contests, the "Contests"), including without >). "Services" as used herein shall be construed as a collective reference to the Platform and the Contests therein.
  3. Usage of Twelfth Man Services
    1. Any person who installs, accesses or uses any of the Services offered or proposed to be offered by Twelfth Man (hereinafter referred to as the "User" or "user"), agrees to be bound by the terms, conditions, and all other rules, regulations and terms of use referred to hereunder, or as duly amended, or provided by Twelfth Man in relation to any or all Services, which shall collectively be referred to as the "Terms of Service".
    2. Persons below the age of eighteen (18) years are not allowed participate in any of the Contests, games or other features forming part of the Services. The User will have to disclose their real age at the time of getting access to the Services. The Paid Services may not be available in certain states within India on account of applicable state laws and statutes, which states shall include, but not be limited to: Assam, Odisha, Telangana, Andhra Pradesh, Tamil Nadu, Sikkim. Persons residing in these restricted states can ONLY avail the FREE Contests offered on the Platform. The other pre-requisite conditions for availing the Services shall be set out hereinafter.
    3. Twelfth Man shall be entitled to modify these Terms of Service in relation to any Services offered, or proposed to be offered, at any time, by posting the same on the Platform from time to time. Twelfth Man will notify the User of any such change in or modification of the Terms of Service, by way of sending an email to the User's registered email address or posting notifications in the User's registered account on the Platform ("User's Account"). The User may then exercise the options provided in such an email or notification on the User's Account to indicate non-acceptance of the modified Terms of Service provided by Twelfth Man. 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 of Service.
    4. Some of the Services being provided by Twelfth Man may be subject to specific terms, conditions, rules, regulations and terms of use of service set down in that respect ("Additional Terms"), which are also binding on the User and must be read along with these Terms of Service. To the extent that these Terms of Service are inconsistent with the Additional Terms, the Additional Terms shall prevail.
    5. Twelfth Man reserves to the right to, at its sole and absolute discretion:
      1. restrict, suspend, or terminate any User's access to all or any part of the Services;
      2. change, suspend, or discontinue all or any part of the Services;
      3. reject, move, or remove any material that may be submitted by a User;
      4. move or remove any content that is available on the Services;
      5. deactivate or delete a User's Account and all related information and records on or relating to the said User's Account;
      6. establish general practices and limits concerning use of the Services;
      7. revoke, cancel or modify any credits, discounts or monetary amounts, such as Cash Bonus(es) (defined below), offered to Users regardless of the form and nature of it, in the manner as Twelfth Man deems fit. All the discounts shall be credited in a separate wallet on the User's Account called the 'Referrals Wallet'; and
      8. assign its rights and liabilities with respect to the Users and Users' Accounts to any entity (prior to such assignment intimation of such assignment shall be sent to all Users on their registered email IDs).
    6. In the event any User breaches, or Twelfth Man reasonably believes that such User is in violation of these Terms of Service, Additional Terms, Privacy Policy (defined below) or applicable laws, or has illegally or improperly used the Services, Twelfth Man 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 the Services, deactivate or delete the User's Account and all related information on such User's Account, delete any content posted by the User on Twelfth Man and further, take any technical and/or legal steps, as Twelfth Man deems necessary.
    7. Use of the Services is subject to applicable laws and legal processes. Nothing contained in these Terms of Service shall limit Twelfth Man's right to comply with governmental, court, and law-enforcement requests or requirements relating to the Users' use of the Services.
    8. In case Twelfth Man discovers any error/glitch/bug in relation to any Services or any part thereof, including any error in the determination of winners of a Contest or in the transfer of amounts to a User's Account, Twelfth Man reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User's Account of the amount of erroneous payment. In case of exercise of remedies in accordance with this Clause, Twelfth Man agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
    9. The User consents to receiving communications such as updates, announcements, administrative messages and advertisements etc. from Twelfth Man or any of its partners, affiliates, advertisers, licensors or associates.
    10. Twelfth Man may from time to time conduct/organize promotions/offers on the Platform. Also, promotions/offers cannot be clubbed with the other Wallets available to the User. Any two or more promotions/offers cannot be clubbed together with any other promotions/offers that are running simultaneously on the Platform or with respect to any Services. In addition, promotions/offers cannot be clubbed with Cash Bonus(es) available with any User.
  4. Intellectual Property
    1. The Services contain a combination of content created by Twelfth Man, any of its partners, affiliates, licensors, associates and/or by any user of the Services, which may be subject to protection under intellectual property laws.
    2. The intellectual property rights and other rights in and to all content and materials related to the Services, including (but not limited to) games, Contests, software, advertisements, written content, photographs, images, multimedia clips, animation, graphics/illustrations, logos, designs, trademarks etc. are owned and/or controlled by Twelfth Man or its partners, licensors, associates. The User has no right, title or other interest in the aforesaid content/materials except as expressly stated in these Terms of Service. The User is granted a personal, non-exclusive, non-assignable, non-transferable and revocable (at the discretion of Twelfth Man) license license to use the aforesaid content/materials solely for the purposes of accessing and using the Services in conformity with the Terms of Service and for no other purpose whatsoever. Users shall not transfer, copy, reproduce, distribute, exploit, reverse engineer, disassemble, translate, decode, alter, make derivations from or make any other use of the aforesaid content/materials in any unauthorized manner.
    3. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit or utilise any of the materials, information or content, that does not belong to/relate to the User, available through the Services either as a whole or in part without express written license from Twelfth Man and/or the respective third party. The User may request permission to use any Twelfth Man content available on the Services by writing in to: help@twelfthman.io.
    4. All content, materials, data, records and information generated by a User, whether publicly posted or privately transmitted or otherwise made available while using the Services ("User Content") are the sole responsibility of the User. Twelfth Man shall not be responsible for any User Content. The User hereby acknowledges all liability in respect of the same. The User represents and warrants that the User owns all intellectual property rights and other rights in the User Content and that no part of the User Content infringes any third party rights. User further confirms and undertakes to not display or use the names, trademarks, copyrights or other intellectual property and/or proprietary rights of any third party on the Platform.
    5. Twelfth Man does not actively and knowingly host or publish information, or initiate or select the recipients of transmissions or select/modify the information contained in the transmission of the User Content on the Platform. Thus, Twelfth Man is an intermediary (as defined under applicable laws) in context of the User Content available on the Services.
    6. The User agrees to indemnify and hold harmless Twelfth Man, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of intellectual property rights or other rights arising out of such display or use of the names, trademarks, copyrights or other intellectual property and/or proprietary rights of a third party on the Platform, by such User or as a result of the User's acts or omissions.
    7. The User hereby grants to Twelfth Man and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish the User's Content for any of the following purposes:
      1. displaying the User Content on or as part of the Services;
      2. distributing Users' Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; and/or
      3. storing Users' Content in a remote database accessible by end users, for a charge. This right and license shall apply to the distribution and the storage of User Content in any form, medium, mode or technology, whether now known or hereafter invented.
    8. All names, trademarks, copyrights or intellectual property and proprietary rights on the Services belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. Any claims, controversy or issues against these names, trademarks, copyrights or intellectual property and proprietary rights must be directly addressed to the respective parties, under notice to Twelfth Man.
  5. Third Party Websites, Content, Services and Products
    1. The Services may contain links to third party websites or platforms, owned and operated by such third parties. Users' use of such third party websites/platforms and any content therein is subject to the conditions, if any, posted by such third parties. Twelfth Man does not exercise control over any third party websites or platforms and cannot be held responsible for any content available on any third party website or platform. Inclusion of any third party content or links on the Platform is not an endorsement by Twelfth Man of such third party websites or platforms. We are not responsible in any manner and do not extend any express or implied warranty to the accuracy, integrity or quality of the content belonging to such third party websites or platforms.
    2. The User's correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. User's correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Twelfth Man will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product/ service/content should be directed to the appropriate third party vendor/content provider.
    3. The User's correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. User's correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Twelfth Man will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third party product/ service/content should be directed to the appropriate third party vendor/content provider.
  6. Privacy Policy
    1. All information collected from Users, such as registration and payment information, is subject to Twelfth Man's Privacy Policy which has been published and is available on the Platform. The Privacy Policy is to be read as part and parcel of these Terms of Service. Twelfth Man respects the privacy of the User and is committed to protect it in all respects in accordance with the Privacy Policy. Before submitting any information to Twelfth Man or during the course of use of the Services, the User must read the Privacy Policy to understand how his/her information shall be handled.
    2. The User shall not use the Services without reading and agreeing to the Privacy Policy. By using any part of the Services, the User indicates his/her acceptance of this Privacy Policy and for the collection, use, processing, handling and disclosure of his/her personal information, including sensitive personal information, in accordance with the Privacy Policy.
    3. Use of Cookies:

      To improve the effectiveness and usability of the Portal for our Users, we use "cookies", or such similar electronic tools to collect information to assign each visitor a unique random number as a User Identification (User ID) to understand the User's individual interests using the identified computer. Unless the User voluntarily identifies himself/herself (e.g., through registration), Twelfth Man has no way of knowing who the User is, even if we assign a cookie to the User's computer. The only personal information a cookie can contain is information supplied by the User. A cookie cannot read data off the User's hard drive. Twelfth Man’s advertisers may also assign their own cookies to the User's browser (if the User clicks on their ad banners), a process that Twelfth Man does not control.

      Twelfth Man's web servers automatically collect limited information about User's computer's connection to the Internet, including User's IP address, when the User visits the Portal. (User's IP address is a number that lets computers attached to the Internet know where to send data to the User -- such as the web pages viewed by the User). The User's IP address does not identify the User personally. Twelfth Man uses this information to deliver its web pages to Users upon request, to tailor its Portal to the interests of its users, to measure traffic within the Portal and let advertisers know the geographic locations from where Twelfth Man's visitors come.

    4. Disclosure/Sharing:

      Twelfth Man may also share information as provided by you and data concerning usage of the Services and participation in the Games with third party service providers engaged by Twelfth Man, for the purpose of data analytics or other similar purposes, for the purpose of storage, improving the services and helping Twelfth Man serve you better. Where we propose to use your personal information (that is, information that may be used to identify the User and that is not otherwise publicly available) for any other uses we will ensure that we notify you first. You will also be given the opportunity to withhold or withdraw your consent for your use other than as listed above.

      By using the Portal, you hereby expressly agree and grant consent to the collection, use and storage of this information by Twelfth Man. Twelfth Man reserves the right to share, disclose and transfer information collected hereunder with its own affiliates. In the event Twelfth Man sells or transfers all or a portion of its business assets, consumer information may be one of the business assets that are shared, disclosed or transferred as part of the transaction. You hereby expressly grant consent and permission to Twelfth Man for disclosure and transfer of information to such third parties. Twelfth Man may share information as provided by you and data concerning usage of the Services and participation in the Game with its commercial partners for the purpose of facilitating user engagement, for marketing and promotional purposes and other related purposes. Further, Twelfth Man reserves the right to disclose personal information as obligated by law, in response to duly authorized legal process, governmental requests and as necessary to protect the rights and interests of Twelfth Man.

  7. User Representations, Warranties and Conduct
    1. User agrees to abide by these Terms of Service, including but not limited to the Additional Terms and Privacy Policy, while accessing or availing the Services. In the event User does not abide by these Terms of Service, Additional Terms and Privacy Policy, Twelfth Man may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
      1. restricting, suspending, or terminating the User's access to all or any part of the Services;
      2. deactivating or deleting the User's Account and all related information and files on the User's Account. Any amount remaining unused in the User's Deposit Wallet and Winnings Wallet on the date of deactivation or deletion of User's Account shall be transferred to the User's bank account on record with Twelfth Man, subject to a processing fee (if any) applicable on such transfers;
      3. refraining from awarding any prize(s) to the User;
      4. retaining the amount remaining in the User's Referral Wallet; and/or
      5. reporting any violation of any applicable law by the User to the concerned authorities.
    2. The User agrees to provide true, accurate, current and complete information at the time of registration on the Platform and at all other times (as required by Twelfth Man). The User further agrees to update and keep updated his/her registration information at all times. The User may also review, update or modify his/her personal information and user preferences by visiting the User's profile page on the User's Account, and using the options available therein, though this may be restricted in instances where the User is not able to verify his/her identity or there is any suspicious activity associated with the User's Account.
    3. The User shall not register or operate more than one User account with Twelfth Man and shall access or use the Services only through one verified User Account.
    4. The User agrees to ensure that they can receive all communication from Twelfth Man by marking e-mails or sending SMSs from Twelfth Man as part of their "safe senders" list. Twelfth Man shall not be held liable if any e-mail/SMS remains unread by the User as a result of such e-mail getting delivered to the User's junk or spam folder or if the User otherwise fails to read the delivered email/SMS.
    5. Any password issued by Twelfth Man to the User may not be revealed to anyone else. The User may not use anyone else's password or account for accessing or availing the Services. The User is responsible for maintaining the confidentiality of and restricting third party access to the User's Account and passwords. The User agrees to immediately notify Twelfth Man of any unauthorized use of their passwords or User's Account or any other breach of security. The User agrees to exit/log-out of his/her User's Accounts at the end of his/her use of the Services.
    6. The User agrees not to use automated software, bots, hacking tool/methods or any unauthorised software or means of circumvention of technological measures designed to modify or interfere with the Services or any part thereof including but not limited to the manner in which such Services are enjoyed or used by the User or any other user of the Services and/or or assist in such activity.
    7. The User agrees 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 the Services, any content on the Platform, User Content of a third party or any other part of the Services.
    8. The User agrees not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer resource or server used to offer or support the Services; or (b) the enjoyment and use of the Services by any other User or person.
    9. The User agrees 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 the Services or any other person's use or enjoyment of the Services. The User also agrees not to take any action that imposes an unreasonable or disproportionate large load on the Platform's infrastructure, and further agrees not to modify or cause to be modified any files or software that are part of the Services.
    10. The User shall not gain or attempt to gain unauthorised access to the third party accounts, servers or networks connected to the Services, 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 the Services.
    11. The User agrees not to advertise, offers for sale / rent or sells or otherwise make available any goods or services for any commercial purpose through the Services without the express written consent of Twelfth Man;
    12. The User agrees that he/she shall not collect or store any information about other Users;
    13. The User agrees that he/she shall not manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Services or to manipulate the User's or any other user's/third party's presence on the Services;
    14. The User agrees to use publicly accessible spaces on the Platform such as bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
    15. Without limiting the foregoing, during the course of his/her use of the Services, the User agrees not to host, display, upload, modify, publish, transmit, update or share any information that –
    16. belongs to another person and to which the User does not have any rights to;
    17. is patently false and untrue, misleading, harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    18. harms minors in any way;
    19. infringes any patent, trademark, copyright or other proprietary rights of any third party;
    20. violates any law for the time being in force;
    21. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    22. impersonates another person;
    23. contains software viruses or any other computer code, files or programs designed to interrupt/ destroy/ limit/ impair the functionality of any computer resource related to Twelfth Man and/or the Services; or
    24. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
    25. If a User chooses a username that, in Twelfth Man's considered opinion is obscene, indecent, abusive or that might subject Twelfth Man to public disparagement or scorn, or a name which is an official team/league/franchise names and/or name of any sporting personality, as the case may be, Twelfth Man reserves the right, without prior notice to the User, to restrict usage of such names, which in Twelfth Man's opinion fall within any of the said categories and/or change such username and intimate the User or delete such username and related User Content from the Services, deny such User access to the Services, or any combination of these options.
    26. Unauthorized access to/use of the Services is a breach of these Terms of Service and a violation of the law. User agrees not to access the Services by any means other than through the interface that is provided by Twelfth Man for accessing and using the Services. The User agrees not to use any other means whatsoever in this regard, including, without limitation, automated means such as agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, except those automated means that Twelfth Man has approved in advance and in writing.
    27. Users may reach out to Twelfth Man for any complaints, notices, queries or grievances regarding this Terms of Services at: help@twelfthman.io.
    28. Twelfth Man shall not be responsible for any loss or damage that may arise if the User fails to comply with these requirements.
  8. Contests
    1. User agrees to abide by these Terms of Service, including but not limited to the Additional Terms and Privacy Policy, while accessing or availing the Services. In the event User does not abide by these Terms of Service, Additional Terms and Privacy Policy, Twelfth Man may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
      1. The Contests across the Services shall, in addition to these Terms of Service be governed by the Additional Terms and the rules contained therein. Breach of these Additional Terms shall be deemed as a breach/contravention of the Terms of Service.
      2. The User shall pay a pre-designated amount for participating in the Contest being provided on the Platform.
      3. In the event that the User indicates, while entering an address, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland or Telangana or any other state where skill-based Paid Contests are banned or in cases where the User's location details indicate that he/she is present within the aforementioned states or any other state where skill-based Paid Contests are banned, the User will not be permitted to sign up for, participate in or make use of the Services or the Paid Contests therein.
      4. By participating in the Contests, the Participant acknowledges and agrees that he/she is participating in a game of skill.
  9. Payment Terms
    1. In respect of any transactions entered into on or made on the Platform, including making a payment to participate in the Paid Contests, the User agrees to be bound by the following payment terms.
      1. For Paid Contests, Twelfth Man charges a platform fee, which would be specified by Twelfth Man on the Paid Contest page, prior to the User signing up for/joining such Paid Contest. The platform fee (inclusive of applicable tax thereon) will be debited from the User's Account balance and Twelfth Man shall issue an invoice for such debit to the concerned User. For clarity it is reiterated that the payment of pre-designated amount Users make to participate in the Paid Contests is inclusive of the aforementioned platform fee for access to the Services charged by Twelfth Man. All transactions on the Platform shall be in Indian Rupees.
      2. Subject to these Terms of Service, 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 Twelfth Man in accordance with these Terms of Service (“Payment Agent”). From these bank accounts, the payouts can be made to (a) the User (towards withdrawals); (b) Twelfth Man (towards its platform fees); and (c) Government (towards TDS on winnings amount). Twelfth Man receives only its platform fees through the Payment Agent. All remaining payments/transactions through the Services are between the Payment Agent and the User.
      3. The User may participate in a Paid Contest wherein the User has to contribute a pre-specified contribution towards the prize money pool of such Paid Contest (“Prize Money Pool"), which will be passed on to the winner(s) of the Paid Contest after the completion of the Paid Contest as per the Terms of Service and Additional Terms of Contest, as applicable. It is clarified that Twelfth Man has no right or interest in the Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Terms of Service and Additional Terms of Contest. 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 Payment Agent.
      4. Any user availing Paid Contests are provided with 3 categories of accounts/wallets for the processing and reconciliation of payments: (i) Deposit Wallet; (ii) Winnings Wallet; and (iii) Referral Wallet.
      5. In case there is any amount remaining to be paid by the User in relation to such User's participation in any Paid Contest, 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 for participation in any Paid Contest, the amount in excess shall be transferred to the User's Deposit' Wallet and will be available for use in participation in any Paid Contest(s). Note:- Withdrawal from the Deposit Wallet and Referral Wallet is not allowed.
      6. All Cash Bonus(es) (which includes but is not limited to 'Deposit Bonus' and 'Referral Bonus') credited in the User's Account shall be valid for a period of 15 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 15 days from the date of credit and thereafter Twelfth Man reserves the right to revoke the Cash Bonus subsequent to which the unutilized Cash Bonus amount shall be deducted from the User's Account.
      7. The User agrees that once he/she confirms a transaction on Twelfth Man, the User shall be bound by and make payment for that transaction. A transaction, once confirmed, is final and no cancellation is permissible
      8. The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Twelfth Man has on third parties, any transactions on the Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User's Deposit Wallet, Referral Wallet or Winnings Wallet may take up to 24 hours to reflect in the User's Deposit Wallet, Referral Wallet or Winning's Wallet balance respectively. Users agree not to raise any complaint or claim against Twelfth Man in respect of any delay, including any lost opportunity to join any Paid Contest due to delay in crediting of transaction amount into any of the User's wallets or in the User's Account.=
      9. Twelfth Man may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount in respect of a transaction 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 as may be notified to them 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 of Service, the additional terms and conditions shall prevail.
  10. Disputes and Dispute Resolution
    1. Subject to Clause 9.2 below, the courts of competent jurisdiction at Ahmedabad shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Services, the construction, validity, interpretation and enforceability of these Terms of Service, or the rights and obligations of the User or Twelfth Man, 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 that may be applicable.
    2. 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 to the other party. On receipt of such 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 thirty (30) days of receipt of such notification of dispute, the dispute shall be settled through arbitration.
    3. The seat and venue of arbitration shall be Ahmedabad, India. All arbitration proceedings shall be conducted in English, by a sole arbitrator, and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time
    4. 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. Twelfth Man will have the exclusive right to appoint the sole arbitrator (at its discretion), who will arbitrate the issues in dispute. 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.
    5. Nothing contained in these Terms of Service shall prevent Twelfth Man from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Twelfth Man'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 Twelfth Man to pursue any remedy for monetary damages through the arbitration described herein.
  11. Representations and Warranties
    1. Twelfth Man does not provide any warranty as to the content of the Services. All content of the Services is distributed on an "as is, as available" basis. The User acknowledges that his/her access to or use of the Services is voluntary and at the User's own risk. Twelfth Man shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to Twelfth Man's Services.
    2. All Contests that are made available on the Platform are games of skill, as understood under applicable law, as success of the User depends primarily on their superior knowledge of the Designated Sports and related statistics, knowledge of players' relative form, players' performance in a particular territory, conditions and/or format in which the Designated Sport is played (such as Cup Matches and League Matches in the football fantasy game), attention and dedication towards the Contests and adroitness in playing the Contests. The Contests also requires the User to field well-balanced sides with limited resources and use appropriate performance boosters for appropriate players before appropriate matches to gain the maximum points. Games of skill are legal in most states in India.
    3. Twelfth Man makes best endeavours to ensure that the Services are error-free and secure, however, Twelfth Man does not make any warranty that:
      1. the Twelfth Man(s) Services will meet the User's' requirements;
      2. the Twelfth Man(s) the Services will be uninterrupted, timely, secure, virus-free or error free;
      3. the results that may be obtained from the use of the Services will be accurate or reliable; and
      4. the quality of any products, information, or other material that the User purchases or obtains through the Services will meet the User's expectations.
  12. Indemnities and Limitations of Liability
    1. By using and accessing the Services, the User hereby releases and agrees to indemnify, defend, and hold harmless Twelfth Man, and its affiliates, and their respective directors, employees, partners, associates, consultants and licensors, from and against all claims and all consequences (including but not limited to personal injury and damage to property and whether direct, indirect, consequential, foreseeable, liability, cost, loss or expense arising on account of the same) arising –
      1. on account of the User's access to or use of the Services;
      2. due to some act or omission committed through the User's Account; or
      3. during the course of his/her use of the Services, or otherwise in relation to the User's engagement with Twelfth Man and the Services.
    2. In consideration of Twelfth Man allowing the User to access the Services, to the maximum extent permitted by law, the User waives and releases each and every right or claim, all actions, causes of action (present or future) that the User has or may have against Twelfth Man, its affiliates, and their respective directors, employees, partners, associates and licensors for all losses, damage sustained (including but not limited to any accident, injury, death, loss of property) or mishaps, (regardless of whether the same are known or anticipated), arising out of or in relation to the User's use of or access to the Services.
    3. To the extent permitted by applicable laws, neither Twelfth Man nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees or consultants shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material during the User's use and access of the Services.
    4. To the extent permitted by applicable laws, Twelfth Man or its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall not be responsible for any harm, loss or consequences (including but not limited to injuries, accidents, or mishaps whether known or not and regardless of whether the same had been of could have been anticipated) resulting from downloading, using or accessing the Services or any aspect thereof (including but not limited to the Twelfth Man servers, Contests, cancellation of any Contest or prizes).
    5. Twelfth Man disclaims any responsibility for, and if a User pays for access to the Paid Contest the User will not be entitled to a refund as a result of, any inaccessibility that is caused by Twelfth Man's maintenance on the servers or the technology that underlies the Services, failures of Twelfth Man's service providers (including telecommunications, hosting, and power providers), computer viruses or Force Majeure Events (as defined below).
    6. To the extent permitted under law, neither Twelfth Man nor its directors, employees, representatives, partners, associates and licensors shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our Services, even if we have been advised of the possibility of such damages.
    7. Any material, information or data accessed, downloaded or otherwise obtained through the Services is done at the User's discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to the User's computer system, computers, devices or loss of data that results from the User's download of any such material.
    8. Any Contests being provided or intended to be provided and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed null and void, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Contests on the Platform. The User shall not make claims against Twelfth Man in such cases.
  13. Notices
    1. Twelfth Man may be required under certain circumstances, to notify the User of certain events. The User hereby acknowledges and consents that such notices will be effective upon Twelfth Man posting them on the Platform, by posting them on the User's Account or delivering them to the User through the email address provided by the User at the time of registration on the Platform. The User may update the User's email address by logging into their User Account on the Platform. If they do not provide Twelfth Man with accurate email address, Twelfth Man shall not be held liable for failure to notify the User. All communications that the User wishes to address to Twelfth Man in relation to the Services or any part/aspect thereof must be sent to Twelfth Man at the following e-mail address - help@twelfthman.io.
  14. Force Majeure
    1. Twelfth Man shall not be liable for any delay or failure to perform its obligations resulting from causes outside its reasonable control, including but not limited acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, epidemics, pandemics, fire, floods, accidents, communication failure or interruptions, network infrastructure failures, software viruses, strikes, or shortages of transportation facilities, fuel, energy, labor or materials, acts, restrictions, regulations, bylaws, contractual limitations, refusals to grant any licenses or permissions, revocations, prohibitions, orders or measures of any kind on the part of any governmental or judicial authority, or any cancellation of any match/competition from the Designated Sports to which a Contest relates (“Force Majeure Event”). In such circumstances, Twelfth Man shall also be entitled to cancel any related Contest(s) and to process appropriate refunds to all Participants of the Paid Contest.
  15. Non-Waiver
    1. Twelfth Man's failure to exercise or enforce any right or provision of these Terms of Service and/or the Additional Terms shall not constitute a waiver of such right or provision and nor shall the partial exercise of such right/provision preclude the later assertion/exercise of the remaining portion of the right or provision.
  16. Severability
    1. If any part of these Terms of Service is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms of Service shall continue in full force and effect. In the event that any specific provision of these Terms of Service are held unenforceable or invalid/illegal, Twelfth Man reserves the right to amend such unenforceable or invalid/illegal provisions of these Terms of Service to make it legally enforceable in the manner as determined by Twelfth Man and notify the User in the manner agreed upon herein.
  17. Entire Agreement
    1. These Terms of Service, including the Additional Terms that are incorporated herein by reference, constitute the entire agreement between the Users and Twelfth Man and govern the User's use of the Services, superseding any prior agreements that the User may have with Twelfth Man.
    2. The User agrees that to the extent permitted by applicable law, any claim arising out of or related to use of the Services or these Terms of Service shall stand barred if these claims are not filed/notified within thirty (30) days of such claim or cause of action arising.
    3. Twelfth Man reserves the right to modify, restrict or ban the use of the Services, specifically to any User, or generally to the public at large (or any section thereof), in accordance with Twelfth Man's policies and/or applicable laws from time to time, at its sole and absolute discretion and without notice. Twelfth Man may, at its sole and absolute discretion, permanently close or temporarily suspend any part of the Services (including any Contests). To the extent permitted under law, in the event of modification, restriction or closure of the Services, or any part thereof, the Users (including participants in any Paid Contests) shall not be entitled to make any demands, claims, on any nature whatsoever.
  18. Entire Agreement
    1. These Terms of Service, including the Additional Terms that are incorporated herein by reference, constitute the entire agreement between the Users and Twelfth Man and govern the User's use of the Services, superseding any prior agreements that the User may have with Twelfth Man.
    2. The User agrees that to the extent permitted by applicable law, any claim arising out of or related to use of the Services or these Terms of Service shall stand barred if these claims are not filed/notified within thirty (30) days of such claim or cause of action arising.
    3. Twelfth Man reserves the right to modify, restrict or ban the use of the Services, specifically to any User, or generally to the public at large (or any section thereof), in accordance with Twelfth Man's policies and/or applicable laws from time to time, at its sole and absolute discretion and without notice. Twelfth Man may, at its sole and absolute discretion, permanently close or temporarily suspend any part of the Services (including any Contests). To the extent permitted under law, in the event of modification, restriction or closure of the Services, or any part thereof, the Users (including participants in any Paid Contests) shall not be entitled to make any demands, claims, on any nature whatsoever.
ADDITIONAL TERMSCONTESTS
  1. Eligibility & Registration
    1. In order to register for the Contests, Users are required to accurately provide certain information, including without limitation, User's full name, valid e-mail address, password, state of residence, gender, date of birth.
    2. The Paid Contests are open only for Users above the age of 18 years and who are currently residing in India provided that individuals residing in Assam, Odisha, Andhra Pradesh, Telangana and Karnataka and in any other states where participating in games of skill is prohibited, are prohibited from participating in or availing Paid Contests.
    3. Twelfth Man may on receipt of information bar a User from participation and/or withdrawing winning amounts if such User is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
    4. Users are also required to confirm that they have read and shall abide by the Terms of Service, Additional Terms and Privacy Policy.
    5. Only those Users who have successfully registered on the Platform as well as register prior to each match in accordance with the procedure outlined herein shall be eligible to participate in the Contests and win prizes.
  2. Conditions of Participation
    1. By entering a Contest, the User agrees to be bound by the decisions of Twelfth Man in any respect pertaining to that Contest. Subject to the terms and conditions stipulated herein below, Twelfth Man, at its sole discretion, may disqualify a User from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the User is in breach of the Terms of Service, Additional Terms and Privacy Policy, or if the User engages in unfair conduct which Twelfth Man deems to be improper, unfair or otherwise adverse to the operation of the Contest or the Platform in general. This includes but is not limited to:
      1. falsifying one's 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 Twelfth Man) to enter a Contest and/or claim a prize/winning;
      2. 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;
      3. colluding with any other User(s) or engaging in any type of syndicate play;
      4. accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
      5. using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information whatsoever that is in relation to or is available on the Services, regardless of the purpose of such collection.
      6. any type of Cash Bonus misuse, misuse of the Referral Codes or any referral program, or misuse of any other offers or promotions;
      7. tampering with the administration of a Contest or trying to in any way to tamper with the computer programs or any security measure associated with a Contest;
      8. obtaining other Users' information without their express consent and/or knowledge and/or spamming other Users. 'Spamming' shall include, but shall not be limited to, sending of unsolicited emails to other Users, sending bulk emails to other Users, sending unwarranted email content either to selected Users or in bulk; and
      9. misusing the Platform in any way or abusing any other Users in any manner whatsoever.
  3. Contest Formats
    1. The User upon participating in the Contests shall be referred to as a "Participant".
    2. The Contests may relate to prediction games based on the Designated Sports (“Fantasy Contests”) and/or to quiz games based on the Designated Sports (“Trivia Contests”).
    3. In the Fantasy Contests, Participants are invited to create their own fantasy teams ("Team/s") consisting of real life sportspersons involved in the real-life sports match (as applicable), league or tournament (each match being a separate "Sports Event") to which the fantasy game relates.
    4. In Trivia Contests, the User can participate in quizzes where the User must answer questions within a certain time frame.
    5. All Additional Terms applicable to the Contests, as set out herein, shall be applicable to all formats and modes of the Contests. The User, by participating in any of the Contests hereby explicitly authorizes Twelfth Man to appoint a third party Payment Agent.
    6. Trivia Contests are public Contests wherein the User must answer questions relating to the Designated Sports and can compete with any other user of the Services. This is exclusively a public Contest. For further information, please visit our FAQ page on twelfthman.io OR inside the Twelfth Man App.
    7. Currently the Fantasy Contests that are available on the Services are - (1) Public Contests, where the User can compete with other any User of the Services and (2) Private Contests, where a User can invite specific users into the Contest and restrict participation to such invited users. The Private and Public Contests formats have a variety of contest formats under them, i.e.: (1) DFS Contests, (2) League Contests - to understand these 2 contest formats better and to understand the different contest types that fall under them, please visit our FAQ page on twelfthman.io OR inside the Twelfth Man App.
  4. Public Contests
    1. In the 'Public Contest' format of the Contest(s), Twelfth Man may make available the Contest(s) comprising 2 - 100 Participants or any other pre-designated number of Participants.
    2. Twelfth Man may create this format of the Contest(s) as a Paid Contest and the Winner will be determinable at the end of the match/event as per rule of the relevant Paid Contests.
    3. In certain Contests across the Services, designated as 'Confirmed Contests', the Contest(s) shall become operational only when a minimum of users in respect of such Contests (as determined by Twelfth Man) join the Confirmed Contest. Even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled, the pre-specified number of winners shall be declared in such Contest(s), subject to the Contest having become operational and a minimum of such number of users as equal to the pre-specified number of winners, participating in such Contest. 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 Confirmed Contest, Twelfth Man shall continue with such Contests and the short fall in the prize pool shall be borne by Twelfth Man.
    4. The number of Participants required to make the Contests 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, the Paid 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.
    5. The Terms and Rules mentioned in this Clause i.e. Clause 4 are applicable to Trivia Contests as well.
  5. Private Contests
    1. In the 'Private Contest' format of the Contest(s), Twelfth Man enables Users to create a contest and invite other users, whether existing Users or otherwise, ("Invited User", who is any user who receives the participation code for a Contest which the user can join via the code) 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 a minimum of 2 Participants - there's no cap on the number of participants that can join a Private Contest. 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" aka Participation Code, the code required to gain entry to a Private Contest). 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. The User creating the Private Contest shall provide Twelfth Man with the email address or Facebook account username of Invited Users to enable Twelfth Man to send a message or mail inviting such Invited Users to register with Twelfth Man (if necessary) and participate in the Private Contest in relation to which the invite has been issued.
    2. 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 by the Users to the Users. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
    3. 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 Twelfth Man 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).
    4. Twelfth Man has no control/influence over the creation of Private Contests. Twelfth Man only charges the users an entry fee to participate in these Contests. All other participation and contest rules are the same as Public Contests.
  6. Participation
    1. 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. Twelfth Man reserves the right to abandon a specific round or adjust the deadline of a round in certain specific, uncertain scenarios, which are beyond Twelfth Man's reasonable control, including but not limited to the ones' mentioned herein below:
      1. Actual match start time is before the official deadline: Twelfth Man 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.
      2. Actual match start time is after the official deadline: Twelfth Man 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.
    2. Twelfth Man 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.
    3. Teams are awarded points on the basis of the real life sportsperson's (as applicable) performances at the end of a designated 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.
    4. Users may participate in the Paid 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 Twelfth Man services and pre-determined Participant's contribution towards prize money pool. The Participant with the highest aggregate points at the end of the predetermined 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.
    5. A Participant may create different Teams for participation in Contests in relation to a Sport Event across the Services. However, unless Twelfth Man specifies otherwise in relation to any Contest ("Multiple Entry Contest"), the user agrees that he/she can't submit more than one team in that Contest, i.e. In case of a 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 Twelfth Man 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 such number to be as determined by Twelfth Man in its sole discretion.
    6. A User is NOT allowed to have Multiple Entries in a single contest in the case of Trivia Contests.
    7. In Starting Lineup Feature: Purpose of indicating a player's inclusion in the final starting lineup is only to provide information and assist a User in selecting his/her team on Twelfth Man. While indicating a Player's inclusion in the starting lineup is given by Twelfth Man 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. Twelfth Man, shall not take any liability, if a player earlier indicated as 'Playing' does not play or start for any reason whatsoever.
    8. Substitutes on the field will not be awarded points for any contribution they make, provided this substitute is able to replace one of the players from the starting line-up based on a few factors and primarily based on the fact that the player in the starting line up created by the User isn't actually playing in that particular match.
    9. Twelfth Man may 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.
  7. Selection and Verification of Winners and Conditions relating to the Prizes
    1. “Winners” refers to the users that finish within a certain predetermined range of ranks in a Contest that qualifies them as a winner. Twelfth Man shall on the Contest page, specify in respect of each Contest, the range of ranks finishing within which would render a user a Winner of such Contest. It is clarified that the range of ranks in respect of each Contest (finishing within which would render a user a Winner), shall be as determined by Twelfth Man at its sole discretion. The Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day, known as the DFS contests, or an entire season, known as the League Contest). The Participant(s) owning the Team(s) with the highest aggregate score in a particular Contest shall be declared the Winner(s).
    2. “Prizes” refer to the rewards offered by Twelfth Man to the Winners of Paid Contests. These include physical rewards (i.e. medals, trophies, mementos), Twelfth Man Merchandise (i.e. T-shirts, mugs etc.) and Prizes of a monetary nature may also be awarded. The Prizes to be given out to the Winner(s) of a particular Paid Contest will be mentioned on the 'Join Contest' page. All Prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of Prizes in kind. Twelfth Man accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the Prizes. Twelfth Man makes no representations or warranties as to the quality, suitability or merchantability of any Prizes and shall not be liable in respect of the same.
    3. In certain pre-specified Paid Contests, Twelfth Man 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 Paid Contest. The contemplated number of Winners and the Prize due to each Winner in such Paid Contest shall be as specified on the Contest page prior to the commencement of such Paid Contest.
    4. In the event of a tie, the winning Participants shall be declared Winners and the Prizes shall be divided among such Participants.
    5. Participants found to be creating Teams on behalf of any other Participant or person shall be disqualified.
    6. Twelfth Man reserves the right to withhold Prizes, deactivate the User's Account and take other steps of a similar nature in cases where the User has employed unfair means of participating in the Contests.
    7. Twelfth Man shall not be liable to distribute any Prize if it is discovered that the Winner(s) have not abided by the Terms of Service, these Additional Terms, the Privacy Policy and any other rules and regulation in relation to the use of the Services.
    8. If a User has won a Contest that includes physical rewards, then a member of the Twelfth Man support team will reach out to the Winner(s) and ask him/her to provide their address so that the physical rewards can be delivered to the Winner(s). Twelfth Man shall bear all shipping charges. The additional User Information provided as a part of this verification process shall be used in consonance with the Privacy Policy and the Terms of Service.
    9. Winners shall be contacted by Twelfth Man or the third party conducting the Contest on the e-mail address provided at the time of User registration. Twelfth Man shall not distribute Prizes to a Winner unless the information required to verify the Winner, as may be notified to the Winner, has been received and verified within the time-period stipulated by Twelfth Man. The Winner 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.
    10. Twelfth Man will not be responsible for any consequences arising due the information supplied by the User being incorrect or inaccurate. Participants are required to provide proper and complete details relating to themselves at the time of registration on the Services. Twelfth Man shall not be responsible for communications errors, acts/omissions including those of the Participants due to which the results may not be communicated to the Winner. This includes but is not limited to being unable to deliver the physical reward(s) to the Winner(s) of a particular Contest.
    11. In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Twelfth Man, such Participant may contact Twelfth Man within the time specified (15 days) on the following email: help@twelfthman.io.
    12. Twelfth Man shall not entertain any claims or requests for extension of time for submission of information. Twelfth Man shall scrutinize all information submitted and may, at its sole and absolute discretion, withhold Prizes from the Winner/prohibit the Winner from withdrawing his/her Prizes if Twelfth Man determines that the information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible. The decision of Twelfth Man with respect to the awarding of Prizes shall be final, binding and non-contestable.
  8. Taxes Payable
    1. All Prizes shall be subject to deduction of tax ("TDS") as per the Income Tax Act 1961. The current 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% of the total prize money amount. In case of any revisions by the Government of India to the aforementioned rate in the future, TDS will be deducted by Twelfth Man 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 tax, including but not limited to, income tax, gift tax, etc. in respect of the Prize money.
  9. Wallets
    1. Debits from the Deposit Wallet for the purpose of enabling a User's participation in a Paid Contest shall be made in order of the date of credit of amounts in the Deposit Wallet, and accordingly amounts credited into the Deposit Wallet earlier in time shall be debited first.
    2. A User shall NOT be permitted to withdraw any amounts credited into such User's Deposit Wallet or Referral Wallet for any reason whatsoever. All amounts credited into a User's Deposit Wallet must be utilised within 335 days of credit. In case any unutilised amount lies in the Deposit Wallet after the completion of 335 days from the date of credit of such amount, Twelfth Man reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the User.
    3. Withdrawal of any amount standing to the User's credit in the Winnings Wallet may be made by the user anytime after his/her accumulated earnings crosses Rs.250 OR automatically upon the completion of 335 days from the date of credit of such amount in the User's Winnings Wallet (“Auto Transfer Date”). In either case, Twelfth Man shall effect an online transfer to the User's bank account on record with Twelfth Man within a commercially reasonable period of time. Such transfer will reflect as a debit to the User's Winnings Wallet. Twelfth Man shall not charge any processing fee for the online transfer of such amount from the Winnings Wallet to the User's bank account on record with Twelfth Man. Users are requested to note that they will be required to provide a valid PAN Card for identification and compliance purposes in order for Twelfth Man to process the withdrawal request. The name mentioned on the User's identification document should correspond with the name provided by the User at the time of registration on Twelfth Man, as well as the name and address existing in the records of the User's bank account as provided to Twelfth Man. In the event that no bank account has been registered by the User against such User's Account with Twelfth Man, or the User has not verified his/her User Account with Twelfth Man, to Twelfth Man's satisfaction and in accordance with the Terms of Service, and Additional Terms, Twelfth Man shall provide such User with a notification to the User's email address as on record with Twelfth Man at least 30 days prior to the Auto Transfer Date, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account by the Auto Transfer Date, Twelfth Man shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide Twelfth Man with a valid bank account or valid PAN Card (to Twelfth Man's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause.
    4. Further, in order to conduct promotional activities, Twelfth Man may gratuitously issue Cash Bonus and/or In-App purchase bonus to the User for the purpose of participation in any Paid Contest(s). This amount will be displayed in the User's 'Referral Wallet' and the In-App purchase will be made available for the User in his/her team selection screen. No User shall be permitted to transfer or request the transfer of any amount in the Referral Wallet.
    5. The usage of any Cash Bonus issued shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such Cash Bonus must be used, as applied by Twelfth Man and notified to the User at the time of issue of such amount. The issue of any Cash Bonus to the User is subject to the sole discretion of Twelfth Man and cannot be demanded by any User as a matter of right. The issue of any Cash Bonus by Twelfth Man on any day shall not entitle the user to demand the issuance of such Cash Bonus at any subsequent period in time nor create an expectation of recurring issue of such Cash Bonus by Twelfth Man to such User. The Cash Bonus granted to the User may be used by such User for the purpose of setting off against the contribution to the prize pool in any Paid Contest, in accordance with these Terms of Service and Additional Terms. The Cash Bonus shall not be withdraw-able or transferrable to any other account of the User, including the bank account of such User, or of any other User or person, other than as part of the winnings of a User in any Contest(s). In case the User terminates his/her User Account with Twelfth Man or such User Account if terminated by Twelfth Man, all Cash Bonus granted to the User shall return to Twelfth Man and the User shall not have any right or interest on such points.
  10. First Deposit Bonus Offer
    1. This offer is valid only for the first deposit made by the User on the Services through online payment options only. The bonus amount will be calculated based on the amount deposited by the User on his/her first deposit. The bonus will be released as one lump sum and credited to Referral Wallet of User and will depend on the entry fee paid by the User to participate in the Paid Contests on the Services.
    2. The offer may be discontinued/withdrawn by Twelfth Man at any time. The offer may be discontinued at any time by removing the offer details from the Platform and with an email to the User's registered email address or posting notifications in the User Account.
    3. The Terms of Services are applicable to all services offered on Twelfth Man, including the First Deposit Bonus Offer. Any violation of the Terms of Services at any stage may result in disqualification from receiving the bonus and other action by Twelfth Man as may be deemed necessary.
  11. In-App Purchases
    1. Users can purchase Performance Boosters via In-App Purchases. In-App Purchases are non-refundable.
    2. In-App Purchases can only be used in Free Contests.
    3. Performance Boosters are point multipliers that when implemented with a strategically selected lineup, allows the users to benefit from a multiplier effect on their total points which helps the users rank higher on the Leaderboard.
    4. Performance Boosters can be implemented only in the DFS and League Contests.
    5. There are 6 Performance Boosters available to the Users for Fantasy Football:
      1. Captain Boost
      2. Vice-Captain Boost
      3. Invincibles
      4. Overhaul
      5. Loan Transfer
      6. Bench Support
    6. There are 2 Performance Boosters available to the Users for Fantasy Cricket:
      1. Captain Boost
      2. Vice-Captain Boost
  12. Grievance Redressal Mechanism:
    1. In case you have any complaints or grievance pertaining to (i) any User Content that you believe violates these Terms of Service or Additional Terms (other than an infringement of intellectual property rights – please see below the reporting mechanism for such claims); (ii) your access to the Platform; or (iii) any User Content which you believe is, prima facie, in the nature of any material which is obscene, defamatory towards you or any person on whose behalf you are making the complaint, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, please share the same with us by writing to: help@twelfthman.io.
    2. In your complaint or grievance, please include the following information: (i) your name and contact details: name, address, contact number and email address; (ii) your relation to the individual who is the subject matter of the complaint, i.e. complainant or person acting on behalf of an affected person; (iii) the name and age of the person aggrieved or affected by the subject matter of the complaint, in case you are acting on behalf of such person and a statement, under penalty of perjury, that you are authorised to act on behalf of such person and to provide such person's personal information to us in relation to the complaint/grievance; (iv) description of the complaint or grievance with clear identification of the User Content in relation to which such complaint or grievance is made; (v) a statement that you believe, in good faith, that the User Content violates these Terms; and (vi) a statement that the information provided in the complaint or grievance is accurate.
    3. Twelfth Man respects the intellectual property rights of others. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners. You are requested to send us a written notice/ intimation if you notice any act of infringement on the Platform, which must include the following information: (i) a clear identification of the work allegedly infringed; (ii) a clear identification of the allegedly infringing material on the Platform (with specific URL reference); (iii) your contact details: name, address, e-mail address and phone number; (iv) a statement that you believe, in good faith, that the use of the allegedly infringing material on the Platform is not authorized by your agent or the law; (v) a statement that the information provided in the notice is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) your signature or a signature of your authorized agent. The aforesaid notices can be sent to Twelfth Man by email at: help@twelfthman.io.
    4. On receiving such complaint, grievance or notice, Twelfth Man reserves the right to investigate and/or take such action as Twelfth Man may deem appropriate. Twelfth Man may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.
    5. On receiving such complaint, grievance or notice, Twelfth Man reserves the right to investigate and/or take such action as Twelfth Man may deem appropriate. Twelfth Man may reach out to you to seek further clarification or assistance with the investigation, or verify the statements made in your complaint, grievance or notice, and you acknowledge that your timely assistance with the investigation would facilitate the redressal of the same.

      Name: Saumya Medatwal
      Email: help@twelfthman.io.

      Twelfth Man reserves the right to replace the Grievance Redressal Officer at its discretion through publication of the name and title of such replacement on the Platform, which replacement shall come into effect immediately upon publication.