TERMS AND CONDITIONS OF THE 6UP GAME OF SKILL

1. These rules are the general terms and conditions ("Terms and Conditions") that apply to the skill-based game called "6UP" that may be accessed and played with the aid of mobile handset device by sending SMS / WAP @ designated access codes across India in relation to live cricket matches ("Game"). By entering the Game, entrants agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please do not enter the Game. These general terms and conditions are applicable from 1st September 2009.
2. Before entering the Game, please refer to the specific rules relating to the Game displayed on the www.play6up.in web page ("Specific Rules").
3. Revo Content Services Private Limited, a company incorporated in India which owns and operates 6UP ("6UP") reserves the right to cancel or modify the Game, and amend the Specific Rules or these Terms and Conditions at any time without prior notice. Any changes will be posted either within the Specific Rules or these Terms and Conditions. If you do not accept any changes to these Terms and Conditions, please do not continue to participate in the Game.
4. In the event of any dispute regarding the Terms and Conditions, Specific Rules, conduct of the Game, results and any other matter relating to a Game, the decision of 6UP shall be final and no correspondence or discussion shall be entered into.


Qualifying Entrants

5. The Game is open to residents of India aged 18 years or above other than those persons specified in clause 6 below. Eligibility and entitlement as to prizes may change for regulatory reasons in which case the Terms and Conditions shall be amended accordingly. You agree that 6UP shall not be held liable in the event that any persons are subsequently excluded from the Game as a result of any regulatory direction or applicable law.
6. Employees and agents of any sponsor or promoter of the Game, 6UP or any advertising agency, web company connected with 6UP (“Specified Companies”) or any subsidiary or associated company of the Specified Companies, as well as members of their families or households, are not eligible to enter the Game. 6UP reserves the right to verify the eligibility of all entrants.
7. 6UP will assume (and by entering the Game you warrant) that you have legal capacity to enter into the agreement set out in these Terms and Conditions (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

 

8. By entering the Game, you:
1. warrant that you have read and understood these Terms and Conditions and the Specific Rules;
2. warrant that all information submitted by you is true, accurate, current and complete;
3. accept that all entries and any intellectual property rights subsisting therein, which are received by 6UP will become the property of 6UP and will not be returned, subject to applicable law; and
4. warrant that your entry does not defame, cause injury or invade the privacy of or otherwise infringe or violate any applicable law, regulation, custom or intellectual property rights of any third party.
9. 6UP reserves the right to disqualify or exclude any entrant from the Game and withhold prizes if it has reasonable grounds to believe the entrant has breached any of these Terms and Conditions and/or the Specific Rules.
10. In the event that any entrant is disqualified from the Game, 6UP may in its sole and absolute discretion select another winner from entries received before the specified closing date and time on the same criteria as the original entrant who will be subject to these Terms and Conditions and the Specific Rules.

Game Entries

11. You may participate in 6UP via the particular access code as per Your telecom service provider, the list of which will be available on the 6UP website and which may be updated from time to time. All Game Entries will be charged at Rs. 5 subject to variation from time to time as posted on the 6UP Website. Only valid 6UP entries as per the Specific Rules will be accepted. 6UP and all sponsors of the Game shall not be liable for any damage, loss, injury or disappointment suffered by any entrant as a result of sending an invalid entry. There will be no refund of sms charge for invalid entries.
12. Game entries must be completed in full and made in the manner set out herein and in the Specific Rules any time after the commencement of the match until the cut-off time for an over of such match.

a. The coin toss must precede the opening of a 6UP Match.  Providing that the coin toss has occurred and that the previous 6UP Match has ended, the 6UP Match will commence 20 minutes prior to the scheduled start time of the cricket match.

b. The cut-off time means the time before which 6UP's systems must receive and process the entry and is set at 6UP’s discretion as close as possible to the time when the bowler first rolls over his arm to bowl the first ball of an over, whether or not the ball is actually bowled. No further entry(ies) to that over will be accepted thereafter. At this point any entries received will be considered as entries for the following over. In playing 6UP, you accept that there may be delays in transmission and processing of entries and in transmission of the match that may cause an entry sent before the bowler bowls to miss the cutoff time for that over and the entry will be accepted for the following over. In the case that there is no more 6UP over(s) in the 6UP Match, the entry will be deemed invalid.

c. Entries for the a 6UP Over will only be accepted (if it is a 6UP Entry as defined herein) within the time period commencing at the Cut-off time of the preceding over (or the opening of the 6UP game in the case of the first over of the match) and ending at the Cut-off Time for 6UP Over in respect of which the entry is being made.

 

13. 6UP does not accept responsibility or liability for any failure to receive entries whether caused by any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorized access to entries, server functions, virus, bugs, technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or traffic congestion on the mobile networks, or at any web site, or any combination thereof. If the Entries are not received before the Cut-off Time due to any such problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or traffic congestion on the mobile networks, or at any web site, or any combination thereof, such Entries will be deemed invalid.
14. Each participant can send in a maximum of twenty (20) entries per innings per cricket match. Any unused entry(ies) in respect of a particular innings cannot be carried forward to the next innings. Entry(ies) above the 20 maximum will be deemed invalid. 

 
Prizes

15. Please see the Specific Rules for details of the prizes and the basis of their award.
16. The win amount will be paid out of the price charged for entries sent through SMS. From the SMS charge, Revo pays the telecom service providers for the provision of a shortcode. And once the value of entries exceeds the Prize Minimum stated above, the 6UP win amount will grow by a minimum of Rs.2 with each additional entry received. For further details please refer to the 6UP website www.play6up.in
17. In all matters, the decision of 6UP shall be final and binding. No correspondence or discussion shall be entered into.
18. The telecom service provider is in no case liable for distribution of Prizes and no dispute should come to them in this regard.
19. Prize winners will be notified by SMS within seven (7) days of determination as winners.
20. Return of any prize notification as undeliverable, the participant not being contactable by phone within three attempts and/or failure to claim the prize(s) within 15 days of the prize notification shall result in disqualification of the entry and the sms charge and any prize amount will be forfeited. For details on prize notification, refer to the Specific Rules.
21. Failure to claim a prize as specified in Clause 18 within the time or manner notified may result in disqualification. All entitled winners who qualify as per the Specific Rules shall receive their prize(s) within 90 days of the date of the determination of winners. Should a winner not receive his/her prize within this time then he/she should contact 6UP directly by email at 6up@iplayup.in. All claimed prize(s) are valid for 180 days from the date of the determination of winners, after which the sms charge and any prize amount will be forfeited.
22. Prizes are non-transferable and there is no alternative. 6UP reserves the right to substitute prizes which may not be of equal value at any time.
23. 6UP reserves the right to request (i) documentary proof of residency and/or age of any winner; (ii) execution of release of liability and acknowledgement forms (in form and substance satisfactory to 6UP); and (iii) such other relevant documents viz. copies of PAN cards etc. before any prize is dispatched. If such documents are not provided to the satisfaction of 6UP, 6UP reserves the right to disqualify such person and not dispatch the prize and the prize will be forfeited.

 

24. In the event that any prize or receipt thereof incurs any tax liability, such tax shall be borne by and is the sole responsibility of the prize winner.

 

25. Prizes are awarded on an “as is” basis without warranty of any kind from 6UP, express or implied, save where this would be contrary to applicable law. Actual prizes by 6UP, and any of its sponsors, may differ from those shown anywhere in or during the contest. Entrants shall not make any claims or demands in this regard.


Liability

26. To the maximum extent permitted by applicable law, 6UP and all sponsors of the Game shall not be liable for any damage, loss, injury or disappointment suffered by any entrant entering the Game or as a result of inability to participate in the Game, or the acceptance or use of any prize. You expressly understand and agree that your use of the Game website and your participation in the Game is at your sole risk. 6UP and all sponsors of the Game are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or entry to be received on account of technical problems or traffic congestion on the mobile networks, or at any web site, or any combination thereof, including any injury or damage to entrant's or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials in the Game.
27. By entering, participants agree that no claim relating to such losses or injuries (including special, indirect and consequential losses) shall be asserted against the Specified Companies, their parent companies, affiliates, directors, officers, employees or agents for any and all losses, damages, rights, claims and actions of any kind resulting from entry into the Game, inability to participate in the Game, or acceptance or use of any prize.


Indemnity

28. You agree to indemnify and keep indemnified 6UP and all sponsors of the Game, including their officers, directors, employees, agents, distributors and affiliates from and against any and all claims, loss, damage or liability suffered and fees and costs incurred, including reasonable legal fees, resulting from any act, neglect or default or breach by you or any person who may be authorized by you or for whom you are responsible of any of these Terms and Conditions and/or from your placement or transmission of any content onto 6UP’s servers and/or from any and all use of your account.

Data Protection and Publicity

29. By entering a Game, NDNC registry is not applicable and entrants agree to receive promotional messages from 6UP as 6UP and the sponsors may in their sole and absolute discretion decide.

 

30. By entering a Game, entrants agree that should they win the Game, 6UP and the sponsors of the Game may use, without further charges and without further notice, their names and addresses, photographs and audio and/or visual recordings of them in any publicity or promotional material as 6UP and the sponsors may in their sole and absolute discretion decide.
31. 6UP shall solely and absolutely enjoy all rights over the information/ data sent by you (including the contents of your SMS entries, personal data etc.) and received by 6UP on account of your participation in the Game. You confirm that you have no-objection to 6UP receiving, recording, maintaining and using such information/ data in any manner that 6UP decides.

Intellectual Property

32. You acknowledge and agree that all copyright and trade marks and all other intellectual property rights in the SMS content/ WAP/ website and all material or content related to the Game shall remain at all times owned by 6UP. All material and content contained within the 6UP website is made available for your personal non-commercial use only and you acknowledge and agree that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content on the 6UP website/WAP site and/ or the information disseminated by SMS or other means of communications is strictly prohibited.


Governing Law and Jurisdiction

33. This Game and the Terms and Conditions shall be governed in all respects by the laws of India and the courts in Delhi shall have exclusive jurisdiction in respect of any dispute arising under these Terms and Conditions.

 

34. Each entrant is fully responsible for ensuring that his/her participation in the Game is lawful in accordance with the laws of India. None of the Specified Companies, their servants or agents make any representations, express or implied, in relation to any entrant's participation in a Game.