Twelfth Man is the flagship brand of NxGn Sports Interactive Pvt. Ltd. (“Twelfth Man”). Through Twelfth Man, along with its sub-pages, and the Twelfth Man App, Twelfth Man operates five separate portals through which it offers cricket based, football based, basketball based, volleyball based, hockey based, baseball based, handball based, American football based and kabaddi based online fantasy games. Twelfth Man as used herein shall be construed as a collective reference to Twelfth Man and the Twelfth Man App.
Usage of Twelfth Man
Any person (“User”) accessing Twelfth Man or the Twelfth Man App (‘Twelfth Man platform’) for participating in the various contests and games (including fantasy games), available on Twelfth Man platform (“Contest(s)”) (‘Twelfth Man Services’) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by Twelfth Man in relation to any Twelfth Man Services.
Twelfth Man shall be entitled to modify these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Twelfth Man in relation to any Twelfth Man Services, at any time, by posting the same on Twelfth Man. Use of Twelfth Man constitutes the User’s acceptance of such Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Twelfth Man in relation to any Twelfth Man Services, as may be amended from time to time. Twelfth Man may, at its sole discretion, also notify the User of any change or modification in these Terms and Conditions, rules, regulations and terms of use referred to herein or provided by Twelfth Man, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms and Conditions, rules, regulations and terms of use referred to herein or provided by 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 and Conditions, rules, regulations and terms of use referred to herein or provided by Twelfth Man
Certain Twelfth Man Services being provided on Twelfth Man 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
Twelfth Man may, at its sole and absolute discretion:
Restrict, suspend, or terminate any User’s access to all or any part of Twelfth Man or Twelfth Man Platform Services;
Change, suspend, or discontinue all or any part of the Twelfth Man Platform Services;
Reject, move, or remove any material that may be submitted by a User;
Move or remove any content that is available on Twelfth Man Platform;
Establish general practices and limits concerning use of Twelfth Man Platform;
Offer discounts to its users in form it deems fit (“Cash Bonus”). All such discounts shall be credited in a separate account called as Cash Bonus Account
Revise or make additions and/or deletions to the roster of players available for selection in a Contest on account of revisions to the roster of players involved in the relevant Sports Event;
Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment intimation of such assignment shall be sent to all Users to their registered email ids)
In the event any User breaches, or Twelfth Man reasonably believes that such User has breached these Terms and Conditions, or has illegally or improperly used Twelfth Man or the Twelfth Man 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 Twelfth Man Contests or the Twelfth Man Platform, deactivate or delete the User’s account and all related information on the account, delete any content posted by the User on Twelfth Man and further, take technical and legal steps as it deems necessary
If Twelfth Man charges its Users a platform fee in respect of any Twelfth Man Services, Twelfth Man shall, without delay, repay such platform fee in the event of suspension or removal of the User’s account or Twelfth Man Services on account of any negligence or deficiency on the part of Twelfth Man, but not if such suspension or removal is affected due to:
any breach or inadequate performance by the User of any of these Terms and Conditions; or
any circumstances beyond the reasonable control of Twelfth Man.
Users consent to receiving communications such as announcements, administrative messages and advertisements from Twelfth Man or any of its partners, licensors or associates.
Intellectual Property
Twelfth Man includes a combination of content created by Twelfth Man, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Twelfth Man and the Twelfth Man Platform and material published on Twelfth Man, including (but not limited to) games, Contests, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and Flash animation, is owned by Twelfth Man, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Twelfth Man either in whole or in part without express written license from Twelfth Man
Users may request permission to use any Twelfth Man content by writing in to Twelfth Man Helpdesk.
Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on Twelfth Man (“Users’ Content”). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any third party on Twelfth Man. Users agree 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 arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Twelfth Man, by such User or through the User’s commissions or omissions
Users hereby grant to Twelfth Man 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 Twelfth Man
distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it, and/or
storing Users’ Content in a remote database accessible by end users, for a charge.
This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Twelfth Man(s) belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Twelfth Man.
Third Party Sites, Services and Products
Twelfth Man may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Twelfth Man does not exercise control over any Internet sites apart from Twelfth Manand cannot be held responsible for any content residing in any third-party Internet site. Twelfth Man’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Twelfth Man of such third-party Internet site.
Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that 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 or service should be directed to the appropriate vendor.
Twelfth Man contains content that is created by Twelfth Man as well as content provided by third parties. Twelfth Man does not guarantee the accuracy, integrity, quality of the content provided by third parties and such content may not relied upon by the Users in utilizing the Twelfth Man Services provided on Twelfth Man including while participating in any of the contests hosted on Twelfth Man.
Privacy Policy
All information collected from Users, such as registration and credit card information, is subject to Twelfth Man’s Privacy Policy which is available at Privacy Policy
User Conduct
Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Twelfth Man 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 Twelfth Man Services;
deactivating or deleting a user’s account and all related information and files on the account. Any amount remaining unused in the User’s Unutilised Account or Winnings Account (subject to deduction of applicable TDS with effect from 1st April 2023 as applicable) on the date of deactivation or deletion shall be transferred to the User’s bank account on record with Twelfth Man subject to a processing fee (if any) applicable on such transfers as set out herein; or
refraining from awarding any prize(s) to such User.
Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Twelfth Man). Users further agree to update and keep updated their registration information
Users agree and acknowledge that the address related details provided, if any, by the user shall be treated as “Address on record” of the user for the purposes of Goods and Service Tax Act. In the event of the change in such details, the user shall promptly update his/her profile on the Twelfth Man platform or write to Twelfth Man at helpdesk.
A User shall not register or operate more than one User account with Twelfth Man.
Users agree 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 a User as a result of such e-mail getting delivered to the User’s junk or spam folder.
Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Twelfth Man of any unauthorized use of accounts or any other breach of security.
Users agree to exit/log-out of their accounts at the end of each session. Twelfth Man shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third-party software designed to modify or interfere with Twelfth Man Services and/or Twelfth Man experience or assist in such activity.
Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Twelfth Man or Twelfth Man’s Services.
Users agree that without Twelfth Man’s express written consent, they shall not modify or cause to be modified any files or software that are part of Twelfth Man’s Services.
Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Twelfth Man or the Twelfth Man’s Services (each a “Server”); or (2) the enjoyment of Twelfth Man Services by any other User or person.
Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Twelfth Man Services or any other person’s use or enjoyment of Twelfth Man Services.
Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Twelfth Man Services by any means other than the User interface provided by Twelfth Man, 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 Twelfth Man Services.
User shall not to publish any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Without limiting the foregoing, Users agree not to use Twelfth Man for any of the following:
To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit”) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, Twelfth Man, any software, hardware, or telecommunications equipment;
To advertise, offer or sell any goods or services for any commercial purpose on Twelfth Man without the express written consent of Twelfth Man;
To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
To restrict or inhibit any other user from using and enjoying any public area within our sites;
To collect or store personal information about other Users;
To interfere with or disrupt Twelfth Man, servers, or networks;
To impersonate any person or entity, including, but not limited to, a representative of Twelfth Man, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Twelfth Man or to manipulate User’s presence on Twelfth Man(s);
To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
To engage in any illegal activities. You agree to use our 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.
To engage in any action that 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 other nation.
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 posts from Twelfth Man, deny such User access to Twelfth Man, or any combination of these options.
Unauthorized access to Twelfth Man is a breach of these Terms and Conditions, and a violation of the law. Users agree not to access Twelfth Man by any means other than through the interface that is provided by Twelfth Man for use in accessing Twelfth Man. 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, except those automated means that we have approved in advance and in writing.
Use of Twelfth Man is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Twelfth Man’s right to comply with governmental, court, and law-enforcement requests or requirements relating to Users’ use of Twelfth Man.
Users may reach out to Twelfth Man through –
Helpdesk if the user has any concerns with regard to a match and/or contest within Forty Eight (48) hours of winner declaration for the concerned contest.
Persons below the age of eighteen (18) years are not allowed to participate on any of the contests, games (by whatever name called) on the Twelfth Man Platform. The Users will have to disclose their real age at the time of getting access into the Twelfth Man Platform.
Twelfth Man may not be held responsible for any content contributed by Users on the Twelfth Man.
User hereby confirms that he / she is participating in a contest in personal capacity and not in the course of business and /or profession.
Conditions of Participation:
By entering a Contest, user agrees to be bound by these Terms and the decisions of Twelfth Man. Subject to the terms and conditions stipulated herein below, the Twelfth Man, at its sole discretion, may disqualify any user from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the user engages in unfair conduct, which the Twelfth Man deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other Users which includes, but is not limited to:
Falsifying ones’ own personal information (including, but not limited to, name, email address, bank account details and/or any other information or documentation as may be requested by Twelfth Man to enter a contest and/or claim a prize/winning.;
Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter a Contest or claim a prize. It is expressly clarified that the onus to prove otherwise shall solely lie on the user.;
Colluding with any other user(s) or engaging in any type of syndicate play;
Any violation of Contest rules or the Terms of Use;
Accumulating points or prizes through unauthorized methods such as automated bots, or other automated means;
Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose
Any type of Cash Bonus misuse, misuse of the Invite Friends program, or misuse of any other offers or promotions;
Tampering with the administration of a Contest or trying to in any way tamper with the computer programs or any security measure associated with a Contest;
Obtaining other users’ information without their express consent and/or knowledge and/or spamming other users (Spamming may include but shall not be limited to send unsolicited emails to users, sending bulk emails to Twelfth Man Users, sending unwarranted email content either to selected Users or in bulk); or
Abusing the Website in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)
It is clarified that in case a User is found to be in violation of this policy, Twelfth Man reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of prize money if any.
Registration for a contest
In order to register for the Contest(s), Participants are required to accurately provide the following information:
Full Name
Team Name(s)
E-mail address
Password
State of Residence
Gender
Date of birth
Participants are also required to confirm that they have read, and shall abide by, these Terms and Conditions.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for any match in the paid version of the Contest as described below.
Once the Participants have entered the above information, and clicked on the “register” tab, and such Participants are above the age of 18 years, they are sent an email confirming their registration and containing their login information.
Contest(s), Participation and Prizes
As part of its services, Twelfth Man may make available the contest(s) on the Twelfth Man platform.
Currently, following contests are made available on Twelfth Man platform: 1) A Fantasy Cricket game, 2) A fantasy football game, 3) A fantasy kabaddi game, 4) A fantasy basketball game, 5) A fantasy volleyball game, 6) A fantasy hockey game, 7) A fantasy baseball game, 8) A fantasy American football game and 9) A fantasy handball game. Individual users wishing to participate in the such contest (““Participants””) are invited to create their own fantasy teams (““Team/s””) consisting of real life cricketers, footballers, basketball players, volleyball players, hockey players, baseball players, handball players, American football players or kabaddi players (as applicable) involved in the real-life cricket/football/kabaddi/volleyball/hockey/basketball/baseball/handball/American football match (as applicable), series or tournament (each a “Sport Event”) to which the fantasy game relates. Twelfth Man offers its platform to Participants for fantasy game Contest(s) being created relating to each Sport Event, and Participants can participate in such Contest(s) with their Teams.
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:
Actual match start time is before the official deadline:
All sports other than Cricket-
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.
Cricket –
Twelfth Man reserves the right to adjust the deadline by a Maximum of 10 minutes or 3 overs bowled, whichever is less, before the official match start time.
In cases where official match time cannot be verified by Twelfth Man through reliable and/or publicly available sources, Twelfth Man reserves the right to adjust the deadline to such a time by which a maximum of 3 overs in the given match are bowled.
Actual match start time is after the official deadline:
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.
Twelfth Man shall endeavour to send communications through emails and/or SMS communication, about any such change as is contemplated in the aforementioned paragraphs to keep the User updated.
Teams are awarded points on the basis of the real-life cricketers’, footballers’, basketball players, volleyball players, hockey players, baseball players, handball players, American football players or kabaddi players (as applicable) performances at the end of a designated match, match or tournament of the Contest(s). The Participant(s) whose Team(s) have achieved the highest aggregate score(s) in the Contest(s) shall be declared winners (“Winners”). In certain pre-specified Contests, there may be more than one Winner and distribution of prizes to such Winners will be in increasing order of their Team’s aggregate score at the end of the designated match(s) of the Contests.
The Contest(s) across the Twelfth Man Services shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by:
“Fantasy Rules” available at How To Play – Fantasy Cricket or How To Play Fantasy Football or How To Play – Fantasy Kabaddi or How To Play – Fantasy Volleyball or How to Play Fantasy Hockey or How to Play Fantasy Basketball or How to Play-Baseball or How to Play – Fantasy Handball
or How to Play – American football
Other rules and regulations (including rules and regulation in relation to any payments made to participate in the Contest(s); and all Participants agree to abide by the same.
Currently, there are paid versions of the Contest(s) made available on Twelfth Man platform. Users may participate in the Contest(s) by paying the pre-designated amount as provided on the relevant Contest page. The ‘pre-designated amount’ means and includes pre-determined platform fee for accessing 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 pre-determined match shall be eligible to win a pre-designated prize which is disbursed out of prize money pool, as stated on the relevant Contest(s) page.
A Participant may create different Teams for participation in Contest(s) in relation to a Sport Event across the Twelfth Man Services. However, unless Twelfth Man specifies otherwise in relation to any Contest (““Multiple Entry Contest””), Participants acknowledge and agree that they may enter only one Team in any Contest offered in relation to a Sport Event. In case of Multiple Entry Contest(s), a Participant may enter more than one Team in a single Multiple Entry Contest. In addition, it is expressly clarified that 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 to such number as determined by Twelfth Man in its sole discretion.
Participant shall pay a pre-designated amount for participating in the contest(s) being created on the Twelfth Man platform.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana such Participant will not be permitted to proceed to sign up for the match or contest and may not participate in any paid version of the Contest(s).
In two members and above public contests, where all participants have entered the contest with the exact same teams, including the captain and vice-captain in such event, contest prize money shall be equally divided amongst all participants and the amount shall be deposited in the Twelfth Man winning account of all participants and the remaining amount shall be credited in the Cash Bonus account of such participants. In the event a user is found to be violating this policy, the Company reserves the right to initiate appropriate action against such users as it deems fit, which shall also include forfeiture of the Cash Bonus Amount.
In Starting Lineup Feature: Purpose of indicating a player’s inclusion in final starting lineup is only to provide information and assist a user in selecting his/her team on Twelfth Man. While indicating a Player’s inclusion in 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.
Substitutes on the field will not be awarded points for any contribution they make. However, ‘Concussion or COVID-19 or X Factor or Impact Player Substitutes’ will ONLY be awarded points four (4) points for making an appearance in a match in addition to points for any contribution they make as per the Fantasy Points System (w.e.f Oct 9 2022).
Contest Formats
Currently, two formats of contests are made available on Twelfth Man platform (1) Public Contests, where Users can participate in a Contest with other Users without any restriction on participation and (2) Private Contests, where Users can invite specific Users into a Contest and restrict participation to such invited Users. A user can enter into a maximum of 2,000 contests (including both Public and Private contests) for any cricket match and a maximum of 500 contests for any other non-cricket match on Twelfth Man. Any participation in contests over the set limit shall be automatically prohibited. All rules applicable to Contests as set out herein shall be applicable to both formats of Contests.
Public contest
In the Public contest format of the Contest(s), Twelfth Man may make available the Contest(s) comprising of 2 -– 100 Participants or any other pre-designated number of Participants.
Twelfth Man may create this format of the Contest(s) as a paid format and the Winner will be determinable at the end of the match as per rule of the contests.
The number of Participants required to make the Contest(s) operational will be pre-specified and once the number of Participants in such Contest(s) equals the pre-specified number required for that Contest(s), such Contest(s) shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the match, such Contest(s) will not be operational and the pre-designated amount paid by each Participant shall be returned to the account of such User without any charge or deduction.
In certain Contests across the Twelfth Man Services, designated as “Guaranteed contests”, the Contest(s) shall become operational only when a minimum of two users join a Guaranteed Contest. The pre-specified number of winners to be declared in such Contest(s), even if all available Participant slots (as pre-specified in relation to the Contest(s)) remain unfilled. It is clarified that notwithstanding the activation of such Contest(s), Participants can continue to join such Contest(s) till either (i) all available Participant slots of such Contest(s) are filled or (ii) the match to which the Contest (s) relates commences, whichever is earlier. In the event of shortfall in the number of participants joining the Guaranteed Contest, Twelfth Man shall continue with such contests and the short fall in the prize pool shall be borne by Twelfth Man.
Private contest
In the Private contest format of the Contest(s), Twelfth Man enables Users to create a contest (““Private contest””) and invite other users, whether existing Users or otherwise, (““Invited User””) to create Teams and participate in the Contest(s). Users may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2-20000 Participants. The User creating the Private contest shall pay the pre-designated amount for such Private contest and thereby join that Private contest and shall supply a name for the Private contest and be provided with a unique identification code (“contest Code”) (which will be issued to the account of such User). The User agrees and understands that once the Private contest is created no change shall be permitted in the terms or constitution of the Private contest, except for a change in the name of the contest. The User creating the Private contest shall provide 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 User to register with Twelfth Man (if necessary) and participate in the Private contest in relation to which the invite has been issued.
In order to participate in the Private contest, an Invited User shall input the contest Code associated with the Private contest and pay the pre-designated amount for the Private contest. Once the number of Participants in a Private contest equals the number of pre-specified Participants for that Private contest, the Private contest shall be rendered operative and no other Invited Users or Users shall be permitted to participate in the Private contest. In the event that any Private contest does not contain the pre-specified number of Participants for that Private contest within 1 hour prior to the commencement of the match/Contest, the Platform will initiate an automatic refund of the amount deposited. Such refund shall be processed after the expiry of the deadline for filling of participants for such Private Contest.
It is clarified that the participation of Invited Users in any Private contest is subject to the pre-specified number of Participants for that Private contest, and 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).
Legality of Game of Skill
Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience and adroitness of the player shall be classified as a game of skill.
The Contest (s) described above (across the Twelfth Man Services) are games of skill as success of Participants depends primarily on their superior knowledge of the games of cricket and/or football and/or basketball and/or hockey and/or handball and/ or volleyball and/or kabaddi and/or American football and/or baseball statistics, knowledge of players’ relative form, players’ performance in a particular territory, conditions and/or format (such as ODIs, test cricket and Twenty20 in the cricket fantasy game), attention and dedication towards the Contest(s) and adroitness in playing the Contest(s). The Contest(s) also requires Participants to field well-balanced sides with limited resources and make substitutions at appropriate times to gain the maximum points.
By participating in this Contest(s), each Participant acknowledges and agrees that he/she is participating in a game of skill.
Eligibility
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.
Twelfth Man may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contest(s). Currently, individuals residing in the Indian states of Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana may not participate in the paid version of the Contest as the laws of these states are unclear/ bar persons from participating in games of skill where participants are required to pay to enter.
Persons who wish to participate must have a valid email address.
Twelfth Man may on receipt of information bar a person from participation and/or withdrawing winning amounts if such person is found to be one with insider knowledge of participating teams in any given contests/match, organizing boards, leagues etc.
Only those Participants who have successfully registered on the Twelfth Man as well as registered prior to each match in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
Payment Terms
Users by participating in a Contest(s) hereby authorize Twelfth Man to appoint a third party/ Trustee/Escrow Agent to manage user’s funds on user’s behalf. In respect of any transactions entered into on the Twelfth Man platform, including making a payment to participate in the paid versions of Contest(s), Users agree to be bound by the following payment terms:
The payment of pre-designated amount Users make to participate in the Contest(s) is inclusive of the pre-designated platform fee (inclusive of applicable GST) for access to the Twelfth Man Services charged by Twelfth Man and pre-determined participant’s contribution towards prize money pool.
Subject to these Terms and Conditions, all amounts collected from the User are held in a separate non-interest earning bank Accounts. The said accounts are operated by a third party appointed by Twelfth Man in accordance with Clause 10 of these Terms and Conditions. From these bank accounts, the payouts can be made to (a) Users (towards their withdrawals), (b) Twelfth Man (towards its Platform Fees) and to (c) Government (towards TDS on Net Winnings). Twelfth Man receives only its share of the platform Fees through the said Escrow Agent.
The Twelfth Man reserves the right to charge a Platform Fee, prior to a User’s joining of such Contest. The Platform Fee (inclusive of applicable Goods and Service Tax (“GST”) thereon) will be debited from the User’s account balance and Twelfth Man shall issue an invoice for such debit to the User. User can view the GST paid on each paid contest join through invoices on ‘My Transaction’ page. The GST value listed on the user’s invoice shall be the final GST amount charged to the user.
The User may participate in a Contest wherein the User has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winner(s) of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that Twelfth Man has no right or interest in this Prize Money Pool, and only acts as an intermediary engaged in collecting and distributing the Prize Money Pool in accordance with the Contest terms and conditions. The amount to be paid-in by the User towards the Prize Money Pool would also be debited from the User’s account balance maintained with the Trustee.
Any user availing Twelfth Man services are provided with two categories of accounts for the processing and reconciliation of payments: (i) ‘Unutilized’ Account, (ii) Winnings Account. It is clarified that in no instance the transfer of any amounts in the User’s accounts to any other category of account held by the user or any third-party account, including a bank account held by a third party:
User’s winnings in any Contest will reflect as credits to the User’s Winnings Account.
User’s remitting the amount through the designated payment gateway shall be credited to User’s Unutilized Account’.
Each time a User participates in any contest on Twelfth Man platform, the pre-designated amount shall be debited in the User’s account. In debiting amounts from the User’s accounts towards the pre-designated amount of such user shall be debited from the User’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the User’s Winning Account.
In case there is any amount remaining to be paid by the User in relation to such User’s participation in any match(s) or Contest(s), the User will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the User through such payment gateway exceeds the remaining amount of the pre-designated amount, the amount in excess shall be transferred to the User’s ‘Unutilized’ Account and will be available for use in participation in any match(s) or Contest(s).
Debits from the ‘Unutilized’ Account for the purpose of enabling a user’s participation in a Contest shall be made in order of the date of credit of amounts in the ‘Unutilized’ Account, and accordingly amounts credited into ‘Unutilized’ Account earlier in time shall be debited first.
Withdrawal of any amount standing to the User’s credit in the Winnings Account may be made by way of a request to Twelfth Man. Twelfth Man shall affect 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 Account. Twelfth Man shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the User’s bank account on record with Twelfth Man. Users are requested to note that they will be required to provide valid photo identification, Pan Card and address proof documents for proof of identity and address in order for Twelfth Man to process the withdrawal request. The name mentioned on the User’s photo identification document should correspond with the name provided by the User at the time of registration on 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 these Terms and Conditions, and in case the User fails to register a bank account with his/her User Account and/or to verify his/her User Account, Twelfth Man shall not transfer any Winning amounts to the User.
Further, in order to conduct promotional activities, Twelfth Man may gratuitously issue Cash Bonus to the User for the purpose of participation in any Contest(s) and no User shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus. 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 prize pool in any Contest, in accordance with these Terms and Conditions. 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 that as part of the winnings of a User in any Contest(s). In case the User terminates his/her account with Twelfth Man or such 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 Cash Bonus.
All Cash Bonus credited in the User account shall be valid for a period of 14 days from the date of credit. The unutilized Cash Bonus shall expire at the end of 14 days from the date of credit.
Users agree that once they confirm a transaction on Twelfth Man, they shall be bound by and make payment for that transaction.
The User acknowledges that subject to time taken for bank reconciliations and such other external dependencies that Twelfth Man has on third parties, any transactions on Twelfth Man Platform may take up to 24 hours to be processed. Any amount paid or transferred into the User’s ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Similarly, the utilization of the Cash Bonus or money debited from ‘Unutilized’ Account or Winnings Account may take up to 24 hours to reflect in the User’s ‘Unutilized’ Account or Winnings Account balance. Users agree not to raise any complaint or claim against Twelfth Man in respect of any delay, including any lost opportunity to join any Contest or match due to delay in crediting of transaction amount into any of the User’s accounts
A transaction, once confirmed, is final and no cancellation is permissible.
Twelfth Man may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present terms and conditions, the additional terms and conditions shall prevail.
Tabulation of fantasy points
Twelfth Man may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service provider(s) and/or official website of the match organiser. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, abandonment of a match etc., as a result of inaccuracies in or incompleteness of the feed provided by the third-party service provider and/or official website of the match organiser comes to its attention, Twelfth Man shall use best efforts to rectify such error prior to the distribution of prizes. However, Twelfth Man hereby clarifies that it relies on the accuracy and completeness of such third-party score/statistic feeds and does not itself warrant or make any representations concerning the accuracy thereof and, in any event, shall take no responsibility for inaccuracies in computation and tabulation of fantasy points or the selection of winners as a result of any inaccurate or incomplete scores/statistics received from such third-party service provider. Users and Participants agree not to make any claim or raise any complaint against Twelfth Man in this respect.
Selection and Verification of Winners and Conditions relating to the Prizes
Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated match (which may last anywhere between one day and an entire tournament) of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winner(s). In certain pre-specified Contests, 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 Contest. The contemplated number of Winners and the prize due to each Winner in such Contest shall be as specified on the Contest page prior to the commencement of the Contest.
Participants creating Teams on behalf of any other Participant or person shall be disqualified.
In the event of a tie, the winning Participants shall be declared Winners and the prize shall be equally divided among such Participants.
Twelfth Man shall not be liable to pay any prize if it is discovered that the Winner(s) have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Twelfth Man, Contest, “Fantasy Rules”, etc.
Contacting Winners
Winners shall be contacted by Twelfth Man 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 prizes shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents:
Photocopy of the User’s PAN card;
Photocopy of a government-issued residence proof;
User’s bank account details and proof of the same.
Twelfth Man shall not permit a Winner to withdraw his/her prize(s)/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Twelfth Man. 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. Twelfth Man 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 Twelfth Man. The winners will also be intimated by e-mail.
In the event that a Participant has been declared a Winner on the abovementioned web-page but has not received any communication from Twelfth Man, such Participant may contact Twelfth Man within the time specified on the webpage.
Verification process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Twelfth Man shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Twelfth Man shall not entertain any claims or requests for extension of time for submission of documents.
Twelfth Man shall scrutinize all documents submitted and may, at its sole and absolute discretion, disqualify any Winner from withdrawing his accumulated winnings (or any part thereof) on the following reasons:
Determination by Twelfth Man that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or
Participant does not fulfil the Eligibility Criteria specified in Clause 10 above; or
Any other match.
Taxes Payable
All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. With effect from 1st April 2023, TDS of 30% shall be deducted on Net Winnings (NW) on each withdrawal request placed by the user.
Net Winnings shall be calculated as follows: NW = (A+D)-(B+C+E). Where: A= Total withdrawal (including current withdrawal amount), B= Total Deposit, C= Opening Balance at the beginning of financial year, D= Closing balance of the user account at the end of financial year, E= Amount on which TDS was deducted.
In the event, a user does not withdraw any of his winnings during a financial year and has Net Winning balance as at 31 March of each year, then TDS of 30% shall be deducted on such Net Winnings balance from the user’s Winning Account as on 31 March. In case of any revisions by the Government of India to the aforementioned rate or the definition of Net Winnings in the future, TDS will be deducted by Twelfth Man in accordance with the then current prescribed TDS rate and the revised definition of Net Winnings. Winners will be provided TDS certificates in respect of such tax deductions. The Winners shall be responsible for payment of any other applicable taxes, including but not limited to, income tax, gift tax, etc. in respect of the Net Winnings. Twelfth Man shall not in any manner be responsible for user’s individual tax matters.
Miscellaneous
The decision of Twelfth Man with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contest(s) confirm that they are not residents of any of the following Indian states – Andhra Pradesh, Assam, Nagaland, Odisha, Sikkim or Telangana. If it is found that a Participant playing the paid formats of the Contest(s) is a resident of any of the abovementioned states, Twelfth Man shall disqualify such Participant and forfeit any prize won by such Participant. Further Twelfth Man may, at its sole and absolute discretion, suspend or terminate such Participant’s account with Twelfth Man. Any amount remaining unused in the User’s Unutilised Account or Winnings Account (subject to deduction of applicable TDS with effect from 1st April 2023 as applicable) on the date of deactivation or deletion shall be reimbursed to the User by an online transfer to the User’s bank account on record with Twelfth Man, subject to the processing fee (if any) applicable on such transfers as set out herein.
If it is found that a Participant playing the paid formats of the Contest(s) is under the age of eighteen (18), Twelfth Man shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Twelfth Man may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
To the extent permitted by law, 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.
Twelfth Man may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Twelfth Man or question its right to modify such prizes being offered, prior to closure of the Contest.
Twelfth Man will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Twelfth Man shall not be held liable for any loss or damage caused to any prizes at the time of such transportation.
The Winners shall bear the shipping, courier or any other delivery cost in respect of the prizes.
The Winners shall bear all transaction charges levied for delivery of cash prizes.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
Publicity
Acceptance of a prize by the Winner constitutes permission for Twelfth Man, 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 Twelfth Man without any charge. The exact dates remain the sole discretion of Twelfth Man. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
General Conditions
If it comes to the notice of Twelfth Man that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contest(s) or if it comes to the notice of Twelfth Man that conduct of any such Contest(s) is prohibited, then Twelfth Man shall withdraw and / or cancel such Contest(s) without prior notice to any Participants or winners of any Contest(s). Users agree not to make any claim in respect of such cancellation or withdrawal of the Contest or Contest it in any manner.
Employees are not be eligible to participate in any Public Contest(s).
Dispute and Dispute Resolution
The courts of competent jurisdiction at Mumbai shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Twelfth Man Services provided by Twelfth Man (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 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.
In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (“Notification”) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.
The place of arbitration shall be Mumbai, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.
The arbitration award will be final and binding on the Parties, and each Party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts. The arbitrator shall give a reasoned award.
Nothing contained in these Terms and Conditions shall prevent 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.
Release and Limitations of Liability
Users shall access the Twelfth Man Services provided on Twelfth Man voluntarily and at their 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 the Twelfth Man Services (including participation in the Contest(s)) or as a result of acceptance of any prize.
By entering the contests and accessing the Twelfth Man Services provided therein, Users hereby release from and agree to indemnify Twelfth Man, and/ or any of its directors, employees, partners, associates and licensors, from and against all liability, cost, loss or expense arising out their access to the Twelfth Man Services including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise.
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.
Users shall be solely responsible for any consequences which may arise due to their access of Twelfth Man Services by conducting an illegal act or due to non-conformity with these Terms and Conditions and other rules and regulations in relation to Twelfth Man Services, including provision of incorrect address or other personal details. Users also undertake to indemnify Twelfth Man and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by Twelfth Man on account of such act on the part of the Users.
Users shall indemnify, defend, and hold Twelfth Man harmless from any third party/entity/organization claims arising from or related to such User’s engagement with the Twelfth Man or participation in any Contest. In no event shall Twelfth Man be liable to any User for acts or omissions arising out of or related to User’s engagement with the Twelfth Man or his/her participation in any Contest(s).
In consideration of Twelfth Man allowing Users to access the Twelfth Man Services, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against Twelfth Man, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the provision of Twelfth Man Services or related to the Contests or the prizes of the Contests.
Disclaimers
To the extent permitted under law, neither Twelfth Man nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
To the extent permitted under law, Twelfth Man shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Twelfth Man services or sites, cancellation of competition and prizes. Twelfth Man disclaims any responsibility for, and if a User pays for access to one of Twelfth Man’s Services 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 our sites, failures of Twelfth Man’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, Twelfth Man does not provide any warranty as to the content on the Twelfth Man(s). Twelfth Man(s) content is distributed on an “as is, as available” basis.
Any material accessed, downloaded or otherwise obtained through Twelfth Man is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
Twelfth Man shall make best endeavours to ensure that the Twelfth Man(s) is error-free and secure, however, neither Twelfth Man nor any of its partners, licensors or associates makes any warranty that:
the Twelfth Man(s) will meet Users’ requirements,
Twelfth Man(s) will be uninterrupted, timely, secure, or error free
the results that may be obtained from the use of Twelfth Man(s) will be accurate or reliable; and
the quality of any products, Twelfth Man Services, information, or other material that Users purchase or obtain through Twelfth will meet Users’ expectations.
In case Twelfth Man discovers any error, including any error in the determination of Winners 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.
To the extent permitted under law, neither Twelfth Man nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
Any Twelfth Man Services, events or Contest(s) being hosted or provided, or intended to be hosted on Twelfth Man platform 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 cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant Twelfth Man Services, events or Contest(s) are hosted or provided.
To the extent permitted under law, in the event of suspension or closure of any Services, events or Contests, Users (including Participants) shall not be entitled to make any demands, claims, on any nature whatsoever.
IBC Twelfth Man Contest
Users participating in the IBC Twelfth Man Contest hereby agree to be contacted by ICC Business Corporation FZ LLC (“IBC”) for promotion and marketing purposes. User information will only be shared if the user has joined the IBC Twelfth Man contest. Users personal information shall only be used where General Data Protection Rules allows Twelfth Man to do so. User may at any time withdraw their consent and request deletion of their personal information by writing to Twelfth Man Helpdesk and once Twelfth Man has received the user notification, Twelfth Man will endeavour to delete or de-identify the user information and will no longer use users personal information unless Twelfth Man has a legitimate basis for doing so by law.
The Participant(s) owning the Team(s) with the highest aggregate score in a particular match shall be declared the Winners. In the event of more than one participating team having the same team score, the Winner will be decided on the basis of points by earned by the captain of such competing team. If the participating team(s) have the same captain, then the participating team with the vice -captain having higher score shall be declared a Winner. In the event of participating team(s) having the same captain and vice-captain, the Winner will be declared based on the Participant submitting their team first.
All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
ICC shall be solely responsible for distribution of prizes for all the IBC Twelfth Man Contest winners. Twelfth Man shall not be held responsible for any lapses on part of ICC to give the prizes.
Miscellaneous
Twelfth Man may be required under certain legislations, to notify User(s) of certain events. User(s) hereby acknowledge and consent that such notices will be effective upon Twelfth Man posting them on the Twelfth Man or delivering them to the User through the email address provided by the User at the time of registration. User(s) may update their email address by logging into their account on the Twelfth Man. If they do not provide Twelfth Man with accurate information, Twelfth Man cannot be held liable for failure to notify the User.
Twelfth Man shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to any failure to perform due to unforeseen circumstances or cause beyond Twelfth Man’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or any cancellation of any cricket/football/basketball/kabaddi/volleyball/hockey/baseball/handball/American football match to which a Contest relates. In such circumstances, Twelfth Man shall also be entitled to cancel any related Contest(s) and to process an appropriate refund for all Participants.
Twelfth Man’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Users agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Twelfth Man or these Terms must be filed within thirty (30) days of such claim or cause of action arising or be forever barred.
These Terms and Conditions, including all terms, conditions, and policies that are incorporated herein by reference, constitute the entire agreement between the User(s) and NxGn Sports Interactive Pvt. Ltd. and govern your use of the Twelfth Man, superseding any prior agreements that any User may have with NxGn Sports Interactive Pvt. Ltd..
If any part of these Terms and Conditions is determined to be indefinite, invalid, or otherwise unenforceable, the rest of these Terms and Conditions shall continue in full force.
Twelfth Man reserves the right to moderate, restrict or ban the use of the Twelfth Man, specifically to any User, or generally, in accordance with Twelfth Man’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
Twelfth Man may, at its sole and absolute discretion, permanently close or temporarily suspend any Twelfth Man Services (including any Contest(s)).
Twelfth Man may from time to time conduct/organize, promotions/offers on the platform. Any two or more promotions cannot be clubbed together with any other promotions that are running simultaneously on the Twelfth Man platform. Also, promotions/offers cannot be clubbed with Cash Bonus available with any user for any bundled contest joins via specially for you section on the home page.
Standard Terms and Conditions of “Invite Friends” program.
The Twelfth Man Invite Friends Program lets you invite friends (“Inviter”) to the Twelfth Man app. In the event that you and your invited friend (“Invitee”) meet the criteria and complete all the steps specified in these terms, you will earn benefits as communicated to you on the app from 05:00:00 hours on 11 June, 2023 till IST 23:59:59 hours on 1 October, 2023, and your friend will receive discounts worth ₹100 ( “Invitee Discount”). To participate in the Program, please note our terms and conditions (“Terms”) in this respect, as they govern your participation
Eligibility – All users who: (i) have an account registered on the “Platform”; and (ii) are eligible to participate in the pay-to play game (as per the Twelfth Man’s terms and conditions, accessible at https://fantasycricket.Twelfth Man.com/in/termsandconditions).
Participation in the program is voluntary. A user shall not register or operate more than one user account with Twelfth Man and shall not participate in the Program with more than one user account with Twelfth Man.
The Program will be open for participation from Indian Standard Time 05:00:00 hours on 11 June, 2023 till IST 23:59:59 hours on 1 October, 2023
By participating in the Program, you agree to and accept these Terms
Rewards will be received by the Inviter only when the Invitee has joined a paid public contest. Simple registration or depositing of cash on Twelfth Man by the Invitee will not result in any rewards for the Inviter
For the purpose of participation in the Program, you will be provided with a unique link or code, which can be shared by you with friends for the purpose of inviting such friends to and create an account on the Twelfth Man Application. On receiving the link or code from the Inviter, the Invitee may either: (i) Click on the link, consequent to which such Invitee will be directed to a registration page and will be provided the option to download and install the Twelfth Man Application on his/her device; and , register for a Twelfth Man account via which he/she can enter the unique code shared by the Inviter where prompted in the Twelfth Man Application
The Invitee has to join a paid public contest before 1 October, 2023 for the Inviter to receive the benefits of the Invite Friends program.
The Inviter and the Invitee will be eligible to earn the benefits (as communicated on the app) subject to (amongst other terms specified in these Terms): (i) the Invitee not being an existing user of Twelfth Man; and (ii) the Inviter and Invitee being eligible to participate in the pay-to play contests on Twelfth Man; and (iii) the Invitee successfully registering for an account with Twelfth Man through the unique link or by using the unique code shared by the Inviter; and (iv) the Inviter and Invitee downloading and installing the Twelfth Man Application as available for the Inviter’s and Invitee’s respective mobile devices. For the purposes of these Terms, an ‘existing user of Twelfth Man’ shall mean a user who presently operates an account with Twelfth Man or operated an account with Twelfth Man at any point of time.
An Invitee who is an existing user of Twelfth Man is not permitted to register a new account for the purpose of availing of the benefit as communicated on the app. Twelfth Man will determine in its sole discretion whether an Invitee is an existing user of Twelfth Man or not and take appropriate action.
The invited friend has to be at least 18 years old and not from one of the following states: Andhra Pradesh, Telangana, Sikkim, Odisha, Nagaland and Assam.
The verification process may require an Inviter/Invitee to submit personal information and documents identifying the Inviter/Invitee. The Inviter agrees to receive communication from Twelfth Man and to allow Twelfth Man to communicate with friends invited by you about the Inviter’s participation in the Program. Any information collected in respect of the Inviter/Invitee as part of the Program or otherwise in the course of such person’s use of the Platform shall be subject to Twelfth Man’s Privacy Policy (available here: https://fantasycricket.Twelfth Man.com/in/privacypolicy for Indian users)
The verification of an Inviter/Invitee shall be completed at the time of first paid/cash contest join by the Inviter/Invitee or at the first time of adding cash to the Unutilised Account on the platform.
The Invitee will be eligible to receive a 75% discount up to a maximum of Rs. 100 (“Invitee Discount”). This Invitee Discount of 75% shall be valid for 21 days from the date of registration and will be valid on paid public contests above 1000 members before IST 23:59:59 hours on 1 October, 2023.
Inviter can receive one of the following Rewards which shall be communicated to the Inviter via the in-app communications:
a, Discounts: Inviter shall be eligible to receive a one-time maximum discount of Rs. 100, which shall be valid for a period of 21 days.
b, Coins: Coins credited for the Inviter will expire after 365 days
c, Cash Bonus: Cash Bonus credited for the Inviter will expire after 14 days
In addition to the above, terms and conditions (if any) as applicable on each of the rewards shall be communicated to the Inviter via the in-app communications.
Inviter Reward a) The credit of the Inviter rewards is contingent on the Invitee joining a paid public contest before IST 23:59:59 hours on 1 October, 2023. Subject to the provisions of above, the applicable Inviter rewards to the Inviter shall be credited to the Inviter’s account within fifteen (15) days of the completion paid public contest joined by the Invitee.
The deposit of the rewards shall be subject to the Inviter’s/Invitee’s compliance with these Terms.
Twelfth Man reserves the right to:
withhold the deposit of the rewards; and/or
forfeit any deposited rewards to an Inviter/Invitee or any prizes/winnings earned by the participant by using such rewards; and/or
deactivate the accounts of the Inviter/Invitee, in the event that it determines or reasonably believes that such Inviter/Invitee has violated these Terms or the terms and conditions of the Twelfth Man fantasy games.
Twelfth Man may, at its sole and absolute discretion, disqualify any Inviter/Invitee if such Inviter/Invitee engages in or it is found that such Inviter/Invitee has engaged in any illegal, unlawful or improper conduct (with regard to the Program or otherwise).
The decision of Twelfth Man will be final and binding with regard to the Program, and the deposit of the Rewards and the Invitee Discount and no correspondence, objection, complaints, etc. will be entertained in this regard.
This Program cannot be clubbed with any other promotions/programs that are running simultaneously by Twelfth Man.
The Terms and Conditions, as applicable to the Twelfth Man’s fantasy games and services, will apply to and govern the Program.
Twelfth Man does not make any commitment, express or implied, to respond to any feedback, suggestion and, or, queries of the participants (Inviter/Invitee) of the Program.
Notwithstanding anything contained herein, the aggregate liability of Twelfth Man to a participating Inviter/Invitee in relation to the Program for any reason whatsoever shall not exceed ₹100.