The applicable laws in the Indian states of Assam, Nagaland, Odisha, Sikkim and Telangana 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 Topgullyfantasy does not accept registration request residents of Assam, Nagaland, Odisha, Sikkim and Telangana. If a player staying in Assam, Nagaland, Odisha, Sikkim 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.Topgullyfantasy 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 Topgullyfantasy
Certain Topgullyfantasy Services being offered on Topgullyfantasy 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.
Topgullyfantasy may, at its sole and absolute discretion:
Restrict, suspend, or terminate any Player’s access to all or any part of Topgullyfantasy or Topgullyfantasy Services;
Change, suspend, or discontinue all or any part of Topgullyfantasy Services;
Reject, move, or remove any material that may be submitted by a Player;
Move or remove any content that is available on Topgullyfantasy;
Deactivate or delete a Player’s account and all related information and files on account;
Establish general practices and limits concerning use of Topgullyfantasy;
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)
If any Player breaches, or Topgullyfantasy reasonably believes that such Player has breached these Terms and Conditions, or has illegally or inappropriately used Topgullyfantasy or the Topgullyfantasy Services, Topgullyfantasy 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 Topgullyfantasy or the Topgullyfantasy Services, deactivate or delete the Player’s account and all related information on the account, delete any content posted by the Player on Topgullyfantasy and further, take technical and legal steps as it deems necessary.
If Topgullyfantasy charges its Players a platform fee in respect of any Topgullyfantasy Services, Topgullyfantasy shall, without delay, repay such platform fee in the event of suspension or removal or the Player’s account or Topgullyfantasy Services on account of any negligence or deficiency on the part of Topgullyfantasy, 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 Topgullyfantasy.
Players consent to receiving communications such as announcements, administrative messages and advertisements from Topgullyfantasy or any of its partners, licensors or associates.
Topgullyfantasy includes a combination of content created by Topgullyfantasy, its partners, licensors, associates and/or Players. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Topgullyfantasy and the Topgullyfantasy Services and material published on Topgullyfantasy, 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 Topgullyfantasy, 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 Topgullyfantasy either in whole or in part without express written license from Topgullyfantasy.
Players may request permission to use any Topgullyfantasy content by writing in to Topgullyfantasy Support.
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 Topgullyfantasy. Players agree to cover and hold harmless Topgullyfantasy, 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 Topgullyfantasy, by such Player or through the Player’s commissions or omissions.
Players hereby grant to Topgullyfantasy 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 Topgullyfantasy, 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.
This license shall apply to the distribution and the storage of Players’ Content in any form, medium, or technology.
All names, marks, logos, trademarks, labels, proprietary rights and copyrights or intellectual rights on Topgullyfantasy 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 Topgullyfantasy.
Third Party Sites, Services and Products
Topgullyfantasy 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. Topgullyfantasy does not exercise control over any Internet sites apart from Topgullyfantasy, and cannot be held responsible for any content residing in any third party Internet site. Topgullyfantasy’s inclusion of third-party content or links to third-party Internet sites is not an endorsement by Topgullyfantasy of such third-party Internet site.
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 Topgullyfantasy 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.
Topgullyfantasy contains content that is created by Topgullyfantasy as well as content offered by third parties. Topgullyfantasy 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 Topgullyfantasy Services offered on Topgullyfantasy including while participating in any of the contests hosted on Topgullyfantasy.
Topgullyfantasy Players Conduct
- restricting, suspending, or terminating any Player’s access to all or any part of Topgullyfantasy 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 Topgullyfantasy subject to a processing fee (if any) applicable on such transfers as set out herein; or
- refraining from awarding any prize to such Player.
- Players agree to offer true, accurate, current and complete information at the time of registration and at all other times (as needed by Topgullyfantasy). Players further agree to update and keep updated their registration information.
- A Player shall not register or operate more than one Player account with Topgullyfantasy.
- Players agree to ensure that they can receive all communication from Topgullyfantasy by marking e-mails from Topgullyfantasy as part of their “safe senders” list. Topgullyfantasy 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.
- Any password issued by Topgullyfantasy 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 Topgullyfantasy of any unauthorized use of their passwords or accounts or any other breach of security.
- Players agree to exit/log-out of their accounts at the end of each session. Topgullyfantasy shall not be responsible for any loss or damage that may result if the Player fails to comply with these needs.
- Players agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Topgullyfantasy Services and/or Topgullyfantasy experience or assist in such activity.
- 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 Topgullyfantasy or Topgullyfantasy Services.
- Players agree that without Topgullyfantasy’s express written consent, they shall not modify or cause to be modified any files or software that is part of Topgullyfantasy’s Services.
- 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 Topgullyfantasy or the Topgullyfantasy Services (each a “Server”); or (2) the enjoyment of Topgullyfantasy Services by any other Player or person.
- 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 Topgullyfantasy Services or any other person’s use or enjoyment of Topgullyfantasy Services.
- Players shall not attempt to gain unauthorised access to the Player accounts, Servers or networks connected to Topgullyfantasy Services by any means other than the Player interface offered by Topgullyfantasy, 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 Topgullyfantasy Services.
- Without limiting the foregoing, Players agree not to use Topgullyfantasy 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, Topgullyfantasy, any software, hardware, or telecommunications equipment;
- To advertise, offer or sell any goods or services for any commercial purpose on Topgullyfantasy without the express written consent of Topgullyfantasy;
- 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 Topgullyfantasy without the express written consent of Topgullyfantasy;
- 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 Topgullyfantasy, servers, or networks;
- To impersonate any person or entity, including, but not limited to, a representative of Topgullyfantasy, 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 Topgullyfantasy or to manipulate Player’s presence on Topgullyfantasy;
- 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.
- If a Player chooses a username that, in Topgullyfantasy’s considered opinion is obscene, indecent, abusive or that might subject Topgullyfantasy to public disparagement or scorn, Topgullyfantasy reserves the right, without prior notice to the Player, to change such username and intimate the Player or delete such username and posts from Topgullyfantasy, deny such Player access to Topgullyfantasy, or any combination of these options.
- Unauthorized access to Topgullyfantasy is a breach of these Terms and Conditions, and a violation of the law. Players agree not to access Topgullyfantasy by any means other than through the interface that is offered by Topgullyfantasy for use in accessing Topgullyfantasy. 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.
- Use of Topgullyfantasy is subject to existing laws and legal processes. Nothing contained in these Terms and Conditions shall limit Topgullyfantasy’s right to comply with governmental, court, and law-enforcement requests or needs relating to Players’ use of Topgullyfantasy.
- Players may reach out to Topgullyfantasy through Support Team.
- 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 Topgullyfantasy or the Topgullyfantasy Services or inter alia, in the contest, uploading pictures, playing games or being part, directly or indirectly, of any activity on Topgullyfantasy. Entry to Topgullyfantasy without consent from parent/s or legal guardian and consequent participation in any activity on Topgullyfantasy Website is not permitted and such person is subject to disqualification at the sole and absolute discretion of Topgullyfantasy, whenever it comes to the knowledge of Topgullyfantasy.
- Topgullyfantasy 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.
- Although persons below the age of 18 years are allowed to use certain Topgullyfantasy Services on the Topgullyfantasy 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 Topgullyfantasy.
- Topgullyfantasy may not be alleged responsible for any content contributed by Players on the Topgullyfantasy.
- Contests, Participation and Prizes
Currently, there are paid versions of the Contests made available by Topgullyfantasy 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.
A Participant may create different Teams for participation in Contests offered in relation to a Fantasy Sport Event across the Topgullyfantasy Services. However, unless Topgullyfantasy 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 Topgullyfantasy 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 Topgullyfantasy Services) or which a single Player account may enter in a particular Multiple Entry Contest, in each case to such number as determined by Topgullyfantasy in its sole discretion.
Topgullyfantasy shall collect a pre-designated fee for access to the Topgullyfantasy Services from each Participant in relation to the Contests.
In the event a Participant indicates, while entering an address, that he/she is a resident of either Assam, Nagaland, Odisha, Sikkim 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.
Topgullyfantasy offers Contests. in two separate formats of Topgullyfantasy 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, Topgullyfantasy may offer the Contests in contests comprising of 2, 3, 5, 10, 100 Participants or any other pre-designated number of Participants.
Topgullyfantasy 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 Topgullyfantasy 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 Users shall be returned to the account of such Player without any charge or deduction.
In the Private contest format of the Contests, Topgullyfantasy 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 Topgullyfantasy with the email address or Facebook account username of Invited Players to enable Topgullyfantasy to send a message or mail inviting such Invited Player to register with Topgullyfantasy (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 Topgullyfantasy 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 Topgullyfantasy 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.
The Contests are open only to persons above the age of 21years.
The Contests are open only to persons, currently residing in India.
Topgullyfantasy 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, Nagaland, Odisha, Sikkim or 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.
Persons who wish to participate must have a valid email address.
Only those Participants who have successfully registered on the Topgullyfantasy 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.
Payment Terms and Players Fund
In respect of any transactions at Topgullyfantasy, including making a payment to participate in the paid versions of Contests, Players agree to be bound by the following payment terms:
All transactions on Topgullyfantasy shall be in Indian Rupees.
Once users register on our Portal, we maintain a user account for players to keep a record of all their transactions with us. Payments connected with participation in Cash Games have to be made through their Topgullyfantasy user account. All cash prizes won by players are credited by us into this user account.
When making a payment, please ensure that the gadget used to make the payment is your own and is used to “Deposit” into user account only.
Subject to the Deposit limits specified by us from time to time, you are free to deposit as much money as you want in your user account for the purpose of participating in Cash Games at Topgullyfantasy.
Topgullyfantasy wants you to play responsibly here. The ability to Deposit in your user account shall be subject to monthly Deposit limits which we can be set by us with undertakings, indemnity, waiver and verification conditions as we deem appropriate in our sole discretion.
Credit card, Debit card, prepaid cash cards and internet banking payments are processed through third party payment gateways. Similarly, other payment modes also require an authorization by the intermediary which processes payments. We are not responsible for delays or denials at their end and processing of payments will be solely in terms of their policies and procedures without any responsibility or risk at our end. If there are any issues in connection with depositing, a complaint may be sent to us following the complaints procedure provided in “Complaints and disputes” section below. You agree that in such an event of your credit being delayed or eventually declined for reasons beyond our control, we will not be held liable in any manner whatsoever. Once a payment/transaction is authorized, the funds are credited to your user account and are available for you to play Cash Games.
We have the right to cancel a transaction at any point of time solely according to our discretion in which case if the payment is successful, then the transaction will be reversed and the money credited back to your payment instrument.
Player funds are held in trust by us in specified bank accounts. Funds held in your user account are held separately from our corporate funds. Even in the highly unlikely event of an insolvency proceeding, you claims on the deposits will be given preference over all other claims to the extent permissible by law.
You may withdraw your winnings by means of either an account payee cheque or an electronic bank to bank transfer for the amount of winnings.
You agree that all withdrawals you make are governed by the following conditions:
Topgullyfantasy can ask you for KYC documents to verify your address and identity at any stage. Withdrawals will be permitted only from accounts for which such KYC process is complete.
You can choose to withdraw money from your user account at any time, subject to bonus/prize money withdrawal restrictions, by notifying us of your withdrawal request.
Withdrawal of cash immediately after cash deposit to Topgullyfantasy user account is barred. Playing fantasy sports is essential before withdrawing your winnings.
Once notified, post verification of the withdrawal request, we may disburse the specified amount by cheque or electronic transfer based on the mode of withdrawal selected by you. We shall make our best efforts to honor your choice on the mode of withdrawal, but reserve the right to always disburse the specified amount to you by cheque. We also reserve the right to disburse the amount on the financial instrument used to Deposit to your user account.
We will attempt our best to process your withdrawals in a timely manner, but there could be delays due to the time required for verification and completing the withdrawal transaction. We shall not be liable to pay you any form of compensation for the reason of delays in remitting payments to you from your user account.
To be eligible to win a prize, you must be a resident of India and accessing the Services of com from India.
Tabulation of fantasy points
Topgullyfantasy 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, Topgullyfantasy shall use best efforts to rectify such error prior to the distribution of prizes. However, Topgullyfantasy 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 Topgullyfantasy 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 round (which may last anywhere between one day and an entire tournament) of the Contests. The Participants owning the Teams with the highest aggregate score in a particular round shall be declared the Winners. In certain pre-specified Contests, Topgullyfantasy 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. Topgullyfantasy shall not be liable to pay any prize if it is discovered that the Winners have not abided by these Terms and Conditions, and other rules and regulations in relation to the use of the Topgullyfantasy, Contest, “Fantasy Rules”, etc.
Winners shall be contacted by Topgullyfantasy 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:
- Player’s PAN card;
- A government-issued residence proof;
- Player’s bank account details and proof of the same
Topgullyfantasy shall not permit a Winner to withdraw his/her prizes/accumulated winnings unless the above-mentioned documents have been received and verified within the time-period stipulated by Topgullyfantasy. The Player 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. Topgullyfantasy 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 Topgullyfantasy. 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 Topgullyfantasy, such Participant may contact Topgullyfantasy within the time specified on the webpage.
Only those Winners who successfully complete the verification process and provide the required documents within the time limit specified by Topgullyfantasy shall be permitted to withdraw/receive their accumulated winnings (or any part thereof). Topgullyfantasy shall not entertain any claims or requests for extension of time for submission of documents. Topgullyfantasy 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 Topgullyfantasy 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 ground.
Service Charge and Service Tax
Currently Topgullyfantasy service fees are range bound between 3% to 5%, depending on denomination of contests. Games higher than Rs. 999 may attract flat 3% service fees, while 5% may be levied on any amount lower.
Topgullyfantasy reserves the right to levy different service charges for different games/tournaments at its discretion, also We reserve the right to change the levied service charges from time to time, however We would duly inform of the changes by posting a notice as and when applicable and feasible. In addition, to service charges, we may charge service tax with applicable cesses or levies as mandated by applicable laws in India.
The decision of Topgullyfantasy with respect to the awarding of prizes shall be final, binding and non-contestable.
Participants playing the paid formats of the Contests confirm that they are not residents of any of the following Indian states – Assam, Nagaland, Odisha, Sikkim or Telangana. If it is found that a Participant playing the paid formats of the Contests is a resident of any of the abovementioned states, Topgullyfantasy shall disqualify such Participant and forfeit any prize won by such Participant. Further Topgullyfantasy may, at its sole and absolute discretion, suspend or terminate such Participant’s account with Topgullyfantasy. Any amount remaining unused in the Player’s Game Account or Winnings Account on the date of deactivation or deletion shall be reimbursed to the Player by an online transfer to the Player’s bank account on record with Topgullyfantasy, 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 Contests is under the age of eighteen (18), Topgullyfantasy shall be entitled, at its sole and absolute discretion, to disqualify such Participant and forfeit his/her prize. Further, Topgullyfantasy may, at its sole and absolute discretion, suspend or terminate such Participant’s account. To the extent permitted by law, Topgullyfantasy 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. Topgullyfantasy may, at its sole and absolute discretion, vary or modify the prizes being offered to winners. Participants shall not raise any claim against Topgullyfantasy or question its right to modify such prizes being offered, prior to closure of the Contest.
Topgullyfantasy will not bear any responsibility for the transportation or packaging of prizes to the respective winners. Topgullyfantasy 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 Topgullyfantasy, 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 Topgullyfantasy without any charge. The exact dates remain the sole discretion of Topgullyfantasy. Promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.
If it comes to the notice of Topgullyfantasy that any governmental, statutory or regulatory compliances or approvals are required for conducting any Contests or if it comes to the notice of Topgullyfantasy that conduct of any such Contests is prohibited, then Topgullyfantasy 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 Topgullyfantasy, will not be eligible to participate in any Contests.
Dispute and Dispute Resolution
The courts of competent jurisdiction at Kolkata shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with, the Topgullyfantasy Services provided by Topgullyfantasy (including the Contests), the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of the Players (including Participants) or Topgullyfantasy, 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 Kolkata, 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 Topgullyfantasy from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard Topgullyfantasy’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 Topgullyfantasy to pursue any remedy for monetary damages through the arbitration described herein.
Topgullyfantasy may be required under certain legislations, to notify Players of certain events. Players hereby acknowledge and consent that such notices will be effective upon Topgullyfantasy posting them on the Topgullyfantasy or delivering them to the Player through the email address provided by the Player at the time of registration. Players may update their email address by logging into their account on the Topgullyfantasy. If they do not provide Topgullyfantasy with accurate information, Topgullyfantasy cannot be held liable for failure to notify the Player.
Topgullyfantasy 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 Topgullyfantasy’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/kabaddi match to which a Contest relates. In such circumstances, Topgullyfantasy shall also be entitled to cancel any related Contests and to process an appropriate refund for all Participants.
Topgullyfantasy’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.
Players 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 Topgullyfantasy 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 Players and Topgullyfantasy Gaming Private Limited and govern your use of the Topgullyfantasy, superseding any prior agreements that any Player may have with Topgullyfantasy Gaming Private Limited.
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.
Topgullyfantasy reserves the right to moderate, restrict or ban the use of the Topgullyfantasy, specifically to any Player, or generally, in accordance with Topgullyfantasy’s policy/policies from time to time, at its sole and absolute discretion and without any notice.
Topgullyfantasy may, at its sole and absolute discretion, permanently close or temporarily suspend any Topgullyfantasy Services (including any Contests).