Terms and Conditions:
The applicable laws in Assam, Odisha and Telangana State restricts player from using the services offered on our website. There may be penalties imposed on such players by the State Government or Central Government of India as the case maybe.
Our company and DraftM8.com does not accept registration request residents of Assam, Odisha, Telangana. If a player staying in Assam, Odisha and Telangana creates an account of the site by giving any false information (incorrect state, IP etc.) the liability will be solely of the player. Company reserves the right to terminate such player(s) account without any prior notice and also reserves right to confiscate such player(s) deposit and/or winnings as the case might be.
The word 'Services' referred hereinafter would relate to all the products/services offered to 'You' or 'Player' by Ability and/or its affiliates, subsidiaries, associates and partners hereafter referred as 'We' or 'Us' or 'Our' through the skill gaming website http://www.DraftM8.com which would be referred hereafter as 'Website. 'The usage of the Website by You will be governed by these Terms of Service which will hereafter refer as 'Term'.
IT IS MANDATORY AND BINDING ON 'YOU' THAT THESE TERMS SHOULD BE READ BY 'YOU' IN THEIR ENTIRETY PRIOR TO YOUR USE OF THE 'SERVICES'.
It should be noted that any Term/s herein found to be unlawful, invalid, void, voidable, or unenforceable for any reason by any judicial or quasi-judicial body in India, in no way would affect the validity and enforceability of the remaining Terms. Such Terms will be replaced with another valid and enforceable. Any unlawful, invalid, void, voidable, or unenforceable Term will be replaced with another Term which is valid and enforceable and is close to the content and original intent of the one that has been adjudged as invalid.
By Your registration on the Website, it is assumed by ‘Us’ that you have understood all the terms herein and have accepted the same. Printing of all transaction records, rules of play, cancellation policies and pay-out policies is what we recommend that you do.
Delay on our part in taking action or exercising our rights or taking remedial approach with respect to breach of any Terms by You does not waive our rights to act on a later date, nor does it amount to any lapse and neither does that result invalidity of those Terms for any breach of similar kind in the future.
The following Terms or any future alterations or modifications to these Terms are not acceptable by you; we recommend that ‘You’ may discontinue the use of website and any Services offered by it.
Usage of DraftM8
3. Certain DraftM8 Services being offered on DraftM8 may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with additional conditions set down, additional conditions shall prevail.
4. DraftM8 may, at its sole and absolute discretion:
Restrict, suspend, or terminate any Player's access to all or any part of DraftM8 or DraftM8 Services; Change, suspend, or discontinue all or any part of DraftM8 Services; Reject, move, or remove any material that may be submitted by a Player; Move or remove any content that is available on DraftM8; Deactivate or delete a Player's account and all related information and files on account; Establish general practices and limits concerning use of DraftM8; vii) Revise or make additions to the roster of players available for opting 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 Player accounts hereunder to any entity (post intimation of such assignment shall be sent to all Players to their registered email ids)
5. If any Player breaches, or DraftM8 reasonably believes that such Player has breached these Terms and Conditions, or has illegally or inappropriately used DraftM8 or the DraftM8 Services, DraftM8 may, at its sole and absolute discretion, and without any notice to the Player, restrict, suspend or terminate such Player's access to all or any part of DraftM8 or the DraftM8 Services, deactivate or delete the Player's account and all related information on the account, delete any content posted by the Player on DraftM8 and further, take technical and legal steps as it deems necessary.
6. If DraftM8 charges its Players a platform fee in respect of any DraftM8 Services, DraftM8 shall, without delay, repay such platform fee in the event of suspension or removal or the Player's account or DraftM8 Services on account of any negligence or deficiency on the part of DraftM8, but not if such suspension or removal is effected due to:
any breach or inadequate performance by the Player of any of these Terms and Conditions; or all situations beyond the reasonable control of DraftM8.
7. Players consent to receiving communications such as announcements, administrative messages and advertisements from DraftM8 or any of its partners, licensors or associates.
1. DraftM8 includes a combination of content created by DraftM8, its partners, licensors, associates and/or Players. The intellectual property rights ("Intellectual Property Rights") in all software underlying DraftM8 and the DraftM8 Services and material published on DraftM8, including (but not limited to) games, Contests, advertisements, software, photographs, written content, images, graphics, marks, illustrations, audio, logos or video clippings and Flash animation, is owned by DraftM8, its partners, licensors and/or associates. Players may not transmit, publish, 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 DraftM8 either in whole or in part without express written license from DraftM8.
2. Players may request permission to use any DraftM8 content by writing in to DraftM8 Support.
3. Players confirm and undertake to not display or use of the names, marks, logos, trademarks, labels, copyrights or intellectual and proprietary rights of any third party on DraftM8. Players agree to cover and hold harmless DraftM8, its directors, affiliates, employees and assigns against all costs, loss and harm including towards litigation costs and counsel fees, damages, 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, marks, logos, trademarks, labels, copyrights or intellectual rights on DraftM8, by such Player or through the Player's commissions or omissions.
4. Players hereby grant to DraftM8 and its affiliates, partners, licensors and associate 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 Players' Content for any of the following purposes:
displaying Players' Content on DraftM8 distributing Players' Content, either by machine or via other media, to other Players looking for downloading or else get it, and/or storing Players' Content in a remote database accessible by end players, for a charge.
5. This license shall apply to the distribution and the storage of Players' Content in any form, medium, or technology.
6. All names, marks, logos, trademarks, labels, proprietary rights and copyrights or intellectual rights on DraftM8 belonging to any person (including Player), 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 DraftM8.
Third Party Sites, Services and Products
1. DraftM8 may contain links to other Internet sites owned and operated by third parties. Players' use of each of those sites is subject to the conditions, if any, posted by the sites. DraftM8 does not exercise control over any Internet sites apart from DraftM8, and cannot be held responsible for any content residing in any third party Internet site. DraftM8's inclusion of third-party content or links to third-party Internet sites is not an endorsement by DraftM8 of such third-party Internet site.
2. Players' correspondence, transactions or related activities with third parties, including payment providers and verification service providers, are solely between the Player and that third party. Players' correspondence, transactions and usage of the services 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 Player shall be solely responsible for reviewing the same prior to transacting or availing of the services of such third party. Player agrees that DraftM8 will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions with third parties. Any questions, complaints, or claims related to any third party product or service should be directed to the appropriate vendor.
3. DraftM8 contains content that is created by DraftM8 as well as content offered by third parties. DraftM8 does not guarantee the accuracy, integrity, quality of the content offered by third parties and such content may not relied upon by the Players in utilizing the DraftM8 Services offered on DraftM8 including while participating in any of the contests hosted on DraftM8.
DraftM8 Players Conduct
restricting, suspending, or terminating any Player's access to all or any part of DraftM8 Services; deactivating or deleting a Player's account and all related information and files on the account. Any amount remaining unused in the Player's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the Player's bank account on record with DraftM8 subject to a processing fee (if any) applicable on such transfers as set out herein; or refraining from awarding any prize to such Player.
2. Players agree to offer true, accurate, current and complete information at the time of registration and at all other times (as needed by DraftM8). Players further agree to update and keep updated their registration information.
3. A Player shall not register or operate more than one Player account with DraftM8.
4. Players agree to ensure that they can receive all communication from DraftM8 by marking e-mails from DraftM8 as part of their "safe senders" list. DraftM8 shall not be held liable if any e-mail remains unread by a Player as a result of such e-mail getting delivered to the Player's junk or spam folder.
5. Any password issued by DraftM8 to a Player may not be revealed to anyone else. Players may not use anyone else's password. Players are responsible for maintaining the confidentiality of their accounts and passwords. Players agree to immediately notify DraftM8 of any unauthorized use of their passwords or accounts or any other breach of security.
6. Players agree to exit/log-out of their accounts at the end of each session. DraftM8 shall not be responsible for any loss or damage that may result if the Player fails to comply with these needs.
7. Players agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with DraftM8 Services and/or DraftM8 experience or assist in such activity.
8. Players 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 DraftM8 or DraftM8 Services.
9. Players agree that without DraftM8's express written consent, they shall not modify or cause to be modified any files or software that is part of DraftM8's Services.
10. Players 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 DraftM8 or the DraftM8 Services (each a "Server"); or (2) the enjoyment of DraftM8 Services by any other Player or person.
11. Players 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 DraftM8 Services or any other person's use or enjoyment of DraftM8 Services.
12. Players shall not attempt to gain unauthorised access to the Player accounts, Servers or networks connected to DraftM8 Services by any means other than the Player interface offered by DraftM8, 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 DraftM8 Services.
13. Without limiting the foregoing, Players agree not to use DraftM8 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, DraftM8, any software, hardware, or telecommunications equipment; To advertise, offer or sell any goods or services for any commercial purpose on DraftM8 without the express written consent of DraftM8; To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; To advertise, offer or sell any goods or services for any commercial purpose on DraftM8 without the express written consent of DraftM8; To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; 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 player from using and enjoying any public area within our sites; To collect or store personal information about other Players; To interfere with or disrupt DraftM8, servers, or networks; To impersonate any person or entity, including, but not limited to, a representative of DraftM8, or falsely state or otherwise misrepresent Player'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 DraftM8 or to manipulate Player's presence on DraftM8; 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.
14. If a Player chooses a username that, in DraftM8's considered opinion is obscene, indecent, abusive or that might subject DraftM8 to public disparagement or scorn, DraftM8 reserves the right, without prior notice to the Player, to change such username and intimate the Player or delete such username and posts from DraftM8, deny such Player access to DraftM8, or any combination of these options.
15. Unauthorized access to DraftM8 is a breach of these Terms and Conditions, and a violation of the law. Players agree not to access DraftM8 by any means other than through the interface that is offered by DraftM8 for use in accessing DraftM8. Players 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.
16. Use of DraftM8 is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit DraftM8's right to comply with governmental, court, and law-enforcement requests or needs relating to Players' use of DraftM8.
17. Players may reach out to DraftM8 through Support Team.
18. Persons below the age of eighteen (18) years are needed to seek permission or consent from their parents or legal guardians before furnishing data, participating or entering on DraftM8 or the DraftM8 Services or inter alia, in the contest, uploading pictures, playing games or being part, directly or indirectly, of any activity on DraftM8. Entry to DraftM8 without consent from parent/s or legal guardian and consequent participation in any activity on DraftM8 Website is not permitted and such person is subject to disqualification at the sole and absolute discretion of DraftM8, whenever it comes to the knowledge of DraftM8.
19. DraftM8 believes that parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help offer a child-friendly online environment. These tools can also prevent children from disclosing online their name, address and other personal information without parental permission.
20. Although persons below the age of 18 years are allowed to use certain DraftM8 Services on the DraftM8 with the consent of their parent/s or legal guardians, they may not (where expressly stated in the rules of the Contest) participate in Contests hosted by DraftM8.
21. DraftM8 may not be alleged responsible for any content contributed by Players on the DraftM8.
Contests, Participation and Prizes
1. Currently, there are paid versions of the Contests made available by DraftM8 Players may participate in the Contests by paying the pre-designated amount as provided on the relevant Contest page. The Participant with the highest aggregate points at the end of the pre-determined round shall be eligible to win a pre-designated prize, as stated on the relevant Contests page.
2. A Participant may create different Teams for participation in Contests offered in relation to a Fantasy Sport Event across the DraftM8 Services. However, unless DraftM8 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 Fantasy Sport Event. In the case of a Multiple Entry Contest, a Participant may enter more than one Team in a single Multiple Entry Contest, however on submitting more than one Team for participation in a single Multiple Entry Contest, the Participant will not be permitted to edit or revise the Teams so submitted for participation in such Multiple Entry Contest. In addition, it is expressly clarified that DraftM8 may, from time to time, restrict the maximum number of Teams that may be created by a single Player account (for each format of the DraftM8 Services) or which a single Player account may enter in a particular Multiple Entry Contest, in each case to such number as determined by DraftM8 in its sole discretion.
3. DraftM8 shall collect a pre-designated fee for access to the DraftM8 Services from each Participant in relation to the Contests.
4. In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Odisha or Telangana, such Participant will not be permitted to proceed to sign up for the round or contest and may not participate in any paid version of the Contests.
1. DraftM8 offers Contests. in two separate formats of DraftM8 Services, (1) as a public contest where Players can participate in a Contest with other Players without any restriction on participation and (2) private contests, where Players can invite specific Players into a Contest and restrict participation to such invited Players. All rules applicable to Contests as set out herein shall be applicable to both formats of the Contests.
In the Public contest format of the Contests, DraftM8 may offer the Contests in contests comprising of 2 Participants, 3 Participants, 5 Participants, 10 Participants, 100 Participants or any other pre-designated number of Participants. DraftM8 may offer this format of the Contests as a paid format and the Winner will be determinable at the end of the round. The number of Participants required to make the Contests operational will be pre-specified and once the number of Participants in such Contests equals the pre-specified number required for that Contests, such Contests shall be operational. In case the number of Participants is less than the pre-specified number at the time of commencement of the round, such Contests will not be operational and the participation fee paid by each Participant shall be returned to the account of such Player without any charge or deduction. In certain Contests across the DraftM8 Services, designated as "Confirmed contests", the Contests shall become operational once the number of Participants in such Contest s equals the pre-specified number of winners to be declared in such Contests, even if all available Participant slots (as pre-specified in relation to the Contests) remain unfilled. It is clarified that notwithstanding the activation of such Contests, Participants can continue to join such Contests till either (i) all available Participant slots of such Contests are filled or (ii) the round to which the Contest s relates commences, whichever is earlier. In case such Contests is not operational by the time of the commencement of the round, the participation fee paid by each Participant shall be returned to the account of such Player without any charge or deduction.
3. Private contest
In the Private contest format of the Contests, DraftM8 enables Players to create a contest ("Private contest") and invite other players, whether existing Players or otherwise, ("Invited Player") to create Teams and participate in the Contests. Players may create a Private contest to consist of a pre-specified number of Participants, that is, consisting of either 2 Participants, 3 Participants, 5 Participants or 10 Participants. The Player creating the Private contest shall submit the participation fee for such Private contest and thereby join that Private contest, shall supply a name for the Private contest and be offered with a unique identification code ("contest Code") (which will be issued to the account of such Player). The Player 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 Player creating the Private contest shall offer DraftM8 with the email address or Facebook account username of Invited Players to enable DraftM8 to send a message or mail inviting such Invited Player to register with DraftM8 (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 Player shall input the contest Code associated with the Private contest and submit the participation fee 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 Players or Players 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 round/Contest, the Participants of such Private contest will be offered with the option to convert the Private contest into a Public contest format, and permit the participation of Players without the contest Code. It is clarified that DraftM8 undertakes such conversion in a serialised manner and cannot and does not warrant that any Private contest will be converted into a Public contest format prior to the commencement of the round/Contests or that any Players will join such Contest (s to make it operational. In case the number of Participants in any Private contest (or converted Contests) is less than the pre-specified number at the time of commencement of the round, such Contests will not be operational and the participation fee paid by each Player shall be returned to the account of such Player without any charge or deduction. It is clarified that the participation of Invited Players in any Private contest is subject to the pre-specified number of Participants for that Private contest, and DraftM8 shall not be liable to any person for the inability of any Invited Player 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 Player to participate in the Contests.
1. The Contests are open only to persons above the age of 18 years.
2. The Contests are open only to persons, currently residing in India.
3. DraftM8 may, in accordance with the laws prevailing in certain Indian states, bar individuals residing in those states from participating in the Contests. Currently, individuals residing in the Indian states of Assam, Odisha and Telangana may not participate in the paid version of the Contest as the laws of these states bar persons from participating in games of skill where participants are required to pay to enter.
4. ersons who wish to participate must have a valid email address.
5. Only those Participants who have successfully registered on the DraftM8 as well as registered prior to each round in accordance with the procedure outlined above shall be eligible to participate in the Contest and win prizes.
In respect of any transactions entered into on the DraftM8, including making a payment to participate in the paid versions of Contests, Players agree to be bound by the following payment terms: The payment Players make to participate in the Contests is inclusive of the nominated fee for access to the DraftM8 Services charged by DraftM8. Subject to these Terms and Conditions, all other amounts collected from the Player are held in escrow until determination of the Winners and distribution of prizes. The Dream 11 portal hosts a number of Contests for which it reserves the right to charge a Platform Fee, which would be specified and notified by DraftM8 on the Contest page prior to a Player's joining of such Contest. The Platform Fee and applicable tax thereon will be debited from the Player’s account balance along with the entry-fee for the Contest, and DraftM8 shall issue an invoice for such debit to the Player. The Player may participate in a Contest wherein the Player has to contribute a pre-specified contribution towards the Prize Money Pool of such Contest, which will be passed on to the Winners of the Contest after the completion of the Contest as per the terms and conditions of such Contest. It is clarified that DraftM8 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 Player towards the Prize Money Pool would also be debited from the Player’s account balance with DraftM8. DraftM8 provides players with three categories of accounts for the processing and reconciliation of payments in relation to the DraftM8 Services: (a) 'Unutilized' Account, (b) Winnings Account, and (c) Cash Bonus Account. The Player's winnings in any Contest will reflect as credits to the Player's Winnings Account. It is clarified that in no instance will DraftM8 permit the transfer of any amounts in the Player's accounts to any other category of account held by the player with DraftM8 or any third party account, including a bank account held by a third party. Players shall be required to remit the required amount to DraftM8 through the designated payment gateway. The payment made shall be credited to the Player’s accounts and each time a Player enters a round, the applicable amount towards participation in the round shall be debited from the Player’s account. In debiting amounts from the Player’s accounts towards the participation fee of such player in any round or Contests, DraftM8 shall first debit the Player’s Cash Bonus Account (in accordance with any rules or limitations relating to the use of Cash Bonus as may be prescribed by DraftM8 and applicable at such time) , thereafter, any remaining amount of participation fee shall be debited from the Player’s Unutilized Account and thereafter, any remaining amount of participation fee shall be debited from the Player’s Winning Account. In case there is any amount remaining to be paid by the Player in relation to such Player’s participation in any rounds or Contests, the Player will be taken to the designated payment gateway to give effect to such payment. In case any amount added by the Player through such payment gateway exceeds the remaining amount of participation fee, the amount in excess shall be transferred to the Player’s ‘Unutilized’ Account and will be available for use in participation in any rounds or Contests or for withdrawal in accordance with these Terms and Conditions. Debits from the ‘Unutilized’ Account for the purpose of enabling a player’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. A Player shall be permitted to withdraw any amounts credited into such Player's 'Unutilized' Account for any reason whatsoever by contacting DraftM8 Customer Support. All amounts credited into a Player's 'Unutilized' Account must be utilised within 335 days of credit. In case any unutilised amount lies in the 'Unutilized' Account after the completion of 335 days from the date of credit of such amount, DraftM8 reserves the right to forfeit such unutilised amount, without liability or obligation to pay any compensation to the Player. Withdrawal of any amount standing to the Player's credit in the Winnings Account may be made by way of a request to DraftM8 but shall occur automatically upon completion of 335 days from the date of credit of such amount in the Player's Winnings Account. In either case, DraftM8 shall effect an online transfer to the Player's bank account on record with DraftM8 within a commercially reasonable period of time. Such transfer will reflect as a debit to the Player's Winnings Account. DraftM8 shall not charge any processing fee for the online transfer of such amount from the Winnings Account to the Player's bank account on record with DraftM8. Players are requested to note that they will be required to provide valid photo identification and address proof documents for proof of identity and address in order for DraftM8 to process the withdrawal request. The name mentioned on the Player's photo identification document should correspond with the name provided by the Player at the time of registration on DraftM8, as well as the name and address existing in the records of the Player's bank account as provided to DraftM8. In the event that no bank account has been registered by the Player against such Player's account with DraftM8, or the Player has not verified his/her Player account with DraftM8, to DraftM8's satisfaction and in accordance with these Terms and Conditions, DraftM8 shall provide such Player with a notification to the Player's email address as on record with DraftM8 at least 30 days prior to the Auto Transfer Date, and in case the Player fails to register a bank account with his/her Player Account and/or to verify his/her Player Account by the Auto Transfer Date, DraftM8 shall be entitled to forfeit any amounts subject to transfer on the Auto Transfer Date. Failure to provide DraftM8 with a valid bank account or valid identification documents (to DraftM8's satisfaction) may result in the forfeiture of any amounts subject to transfer in accordance with this clause. The Cash Bonus Account shall contain amounts gratuitously issued by DraftM8 to the Player for use in participation in any Contests and no Player shall be permitted to transfer or request the transfer of any amount in to the Cash Bonus Account. The usage of any amounts issued and present in the Cash Bonus Account shall be subject to the limitations and restrictions, including without limitation, restrictions as to time within which such amount must be used, as applied by DraftM8 and notified to the Player at the time of issue of such amount. The issue of any amount to the Cash Bonus Account is subject to the sole discretion of DraftM8 and cannot be demanded by any Player as a matter of right. The issue of any such amount by Deam11 on any day shall not entitle the player to demand the issuance of such amount at any subsequent period in time nor create an expectation of recurring issue of such amount by DraftM8 to such Player. The amount standing to the credit of the Player in the Cash Bonus Account may be used by such Player for the sole purpose of setting off against the participation fee in any Contest, in accordance with these Terms and Conditions. The amount standing to the credit of the Player in such Player's Cash Bonus Account shall not be withdraw-able or transferrable to any other account of the Player, including the bank account of such Player, or of any other Player or person, other that as part of the winnings of a Player in any Contests. In case the Player terminates his/her account with DraftM8 or such account if terminated by DraftM8, all amounts standing to the credit of such Player in the Cash Bonus Account shall return to DraftM8 and the Player shall not have any right or interest in such amounts. Players agree that once they confirm a transaction on DraftM8, they shall be bound by and make payment for that transaction. The Player acknowledges that transactions on DraftM8 may take up to 24 hours to be processed. Any amount paid or transferred into the Player's 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the Player's 'Unutilized' Account or Winnings Account balance. Similarly, money debited from the Player's Cash Bonus Account, 'Unutilized' Account or Winnings Account may take up to 24 hours to reflect in the Player's 'Unutilized' Account or Winnings Account balance. Players agree not to raise any complaint or claim against DraftM8 in respect of any delay, including any lost opportunity to join any Contest or round due to delay in crediting of transaction amount into any of the Player's accounts A transaction, once confirmed, is final and no cancellation is permissible. However, DraftM8 may, at its sole and absolute discretion, permit a Player to cancel a transaction and refund the amount paid:
xiii) If the Player sends a written request to DraftM8 from the registered email Id to cancel such payment; or
If the payment is made for participation in the paid versions of the Contests, the cancellation request must be received at least 2 days prior to the commencement of the round in respect of which the payment is made; DraftM8 shall not be liable to refund any amount thereafter. DraftM8 may, at its sole and absolute discretion, refund the amount to the Player after deducting applicable cancellation charges and taxes. At the time of the transaction, Players 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
1. DraftM8 may obtain the score feed and other information required for the computation and tabulation of fantasy points from third party service providers. In the rare event that any error in the computation or tabulation of fantasy points, selection of winners, etc., as a result of inaccuracies in or incompleteness of the feed provided by the third party service provider comes to its attention, DraftM8 shall use best efforts to rectify such error prior to the distribution of prizes. However, DraftM8 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. Players and Participants agree not to make any claim or raise any complaint against DraftM8 in this respect.
Selection and Verification of Winners and Conditions relating to the Prizes
1. Selection of Winners
Winners will be decided on the basis of the scores of the Teams in a designated round of the Contest(s). The Participant(s) owning the Team(s) with the highest aggregate score in a particular round shall be declared the Winner(s) except in sleeping 11 contests where Teams(s) with lowest aggregate score shall be declared the Winners(s) .In certain pre-specified Contests, DraftM8 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 round 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. DraftM8 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 DraftM8.com, Contest, “Fantasy Rules”, etc.
2. Contacting Winners
Winners shall be contacted by DraftM8 or the third party conducting the Contest on the e-mail address provided at the time of registration. The verification process and the documents required for the collection of prize shall be detailed to the Winners at this stage. As a general practice, winners will be required to provide following documents: Self attested Photocopy of the member’s PAN card; Self attested Photocopy of a government-issued residence proof; Member’s bank account details and proof of the same. DraftM8 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 DraftM8. The Member 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. DraftM8 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 DraftM8.com. 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 DraftM8, such Participant may contact DraftM8 within the time specified on the webpage.
3. Verification Process
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by DraftM8 shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). DraftM8 shall not entertain any claims or requests for extension of time for submission of documents.
DraftM8 shall scrutinise 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 grounds:
Determination by DraftM8 that any document or information submitted by the Participant is incorrect, misleading, false, fabricated, incomplete or illegible; or Participant does not fulfill the Eligibility Criteria; or Any other ground. Taxes Payable All prizes shall be subject to deduction of tax (“TDS”) as per the Income Tax Act 1961. 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.
i) The decision of DraftM8 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 – Assam, Odisha and 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, DraftM8 shall disqualify such Participant and forfeit any prize won by such Participant. Further DraftM8 may, at its sole and absolute discretion, suspend or terminate such Participant’s account with DraftM8.com. Any amount remaining unused in the Member’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the Member by an online transfer to the Member’s bank account on record with DraftM8, 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), DraftM8 shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, DraftM8 may, at its sole and absolute discretion, suspend or terminate such Participant’s account.
To the extent permitted by law, DraftM8 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.
DraftM8 may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against DraftM8 or question its right to modify such prizes being offered, prior to closure of the Contest.
DraftM8 will not bear any responsibility for the transportation or packaging of prizes to the respective winners. DraftM8 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.
Acceptance of a prize by the Winner constitutes permission for DraftM8, 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 DraftM8 without any charge. The exact dates remain the sole discretion of DraftM8. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of DraftM8 that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contests or if it comes to the notice of DraftM8 that conduct of any such Contests is prohibited, then DraftM8 shall withdraw and / or cancel such Contests without prior notice to any Participants or winners of any Contests. Players agree not to make any claim in respect of such cancellation or withdrawal of the Contest, or contest it in any manner. Employees, directors, affiliates, relatives and family members of DraftM8, will not be eligible to participate in any Contests.
Complaints and Dispute Resolution
You can directly escalate to our management team by contacting support@DraftM8.com
he courts of competent jurisdiction at Jalaun shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Amusement Facilities provided by DraftM8.com (including the Contest(s)), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the member(s) (including Participants) or DraftM8.com, 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 Bangalore, 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 DraftM8.com from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard DraftM8.com’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 DraftM8.com to pursue any remedy for monetary damages through the arbitration described herein.
Law and Jurisdiction
These Terms, and the agreement of which they form part, are governed by the laws of the Republic of India. The courts of competent jurisdiction at Jalaun shall have exclusive jurisdiction. The place of arbitration shall be Jalaun, India.
Limitation Of Liability
You agree that, to the maximum extent permitted by law, We are not liable to You or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
the use of Our Websites; any Content You upload or otherwise provide; the use by Us of information provided by You to Us through Our Websites; being unable to access Our Websites for whatever reason and however arising, including (without limitation) negligence; the failure of Our Websites for whatever reason and however arising including (without limitation) negligence; the use of Your password by You or any third party to whom You have made the password available.
We expressly limit, and You agree, Our liability for breach of a condition or warranty implied or a consumer guarantee imposed by virtue of any legislation to the supply of the services again or the payment of the cost of having the services supplied again (the choice of which is to be at Our sole discretion).
You indemnify Us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Us, arising from, or which is directly or indirectly, related to:
Your breach or non-observance of any of these Term any Content You upload or otherwise provide; any breach or inaccuracy in any representations or warranties made to Us; and/or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.