Play & Win Season 1
Campaign Terms and Conditions (“T&C”)
These terms and conditions of use (“Terms of Use”) along with other policies available on our platform forms a legally binding agreement between You and PLAYQUIZS (“We”, “Our”, “Us”, “PLAYQUIZS”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PLAYING ANY GAMES OR/AND USING THE PLAYQUIZS PLATFORM.
If You do not agree with any part of these Terms of Use or/and Privacy Policy, kindly refrain from playing any Games or otherwise using Our services on the Platform.
Only people of sound mind who are above 18 years of age may use this Platform.
This Platform may not be used by residents of Assam, Odisha, Nagaland, Sikkim, Meghalaya, Andhra Pradesh and Telangana. Further, there may be certain games that may be restricted in some additional states.
Please note that PLAYQUIZS have the sole discretion to determine the terms applicable on any Contest including the Awards to be given in any Contest. Further, the Designated Amount paid for any contest is non-refundable and may only be refunded under the circumstances stated in Our Return, Refund and Cancellation policy.
Only skill-based games are available on Our Platform. To understand more about the nature of games offered on Our Platform please refer to Games of skill section.
Changes To Terms Or Services
PLAYQUIZS reserves the right to amend, change, modify, add or remove portions of the Terms of Services and Privacy Policy at any time, at its sole discretion, by posting the updated version on its website and within the games. You will be deemed to have accepted such changes by continuing to use any of the Services. If at any point you do not agree to any portion of the current version of the Terms of Services or the Privacy Policy, then you must cease your use of the Services, and your license to use the Services will be immediately terminated. For your convenience, the date of last revision is included at the top of this page.
Definitions
“Agreement” shall mean these Terms of Use, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by PLAYQUIZS.
“Applicable Law” means all laws, statutes, common law, regulations, ordinances, codes, rules, guidelines, orders, permits, tariffs and approvals, including those relating to health and safety, of any governmental authority or self-regulatory guideline that may apply to the Users or is related to the subject matter of this Agreement as applicable in the territory of India.
“Contest” is a skill based competition offered by PLAYQUIZS on the Platform. Contests can be either ‘paid’ or ‘free to play’. Paid Contests require the Users to pay a Designated Amount for participation, whereas free to play Contests are open to all Users without requirement of any monetary payment.
“Balance” is the credit (either in the form of cash or Tokens) available in an Account and includes amount added by a User through Deposits or/and earned through Winnings by participating in Contests on the Platform.
“Deposit” is the amount added by the User to his/her Account through his/her preferred payment mode (e-wallet, debit/credit cards, UPI/BHIM, net banking).
“Winnings” are awards (either in the form of cash, Tokens or promotional gifts) given to one or more User(s) as per pre-declared format as a distribution of the Prize Money Pool for winning and/or ranking as a top-performer in a particular Contest on the Platform.
Definitions
Grant of a limited license to use the Services
The Services are available for use only by authorized end-users in accordance with the terms and conditions set forth in this Agreement. PLAYQUIZS grants limitations provided herein to access and use the Service using a personal computer for the Service solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by PLAYQUIZS, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
Definitions
You specifically agree to the following license restrictions in connection with the Services:
1. If you are under the age of 18, or under the age of legal majority in your jurisdiction, you may not access or use our Services without permission from a parent or legal guardian. You may not use our Services in any capacity if you are under 13 years old (or under 16 years old if you reside in the EU). If you help someone who is under 13 (or under 16 years old in the EU) to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.
2. If you have been previously banned from accessing our Services, you are prohibited from re-accessing the Services.
3. You are prohibited from using our Services for commercial purposes.
4. You are prohibited from creating an Account on someone else’s behalf.
5. You are prohibited from creating an Account using inaccurate or false information.
6. You are prohibited from renting, selling, gifting, or giving away your Account or Account- related information.
7. You are prohibited from selling or transferring prizes or rewards obtained in connection with the Services to any other person or entity.
You further agree and undertake that under no circumstance will you:
1. Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms of Service.
2. Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems or networks.
3. Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means.
4. Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of
5. publicity, or any other right of a person or entity.
6. Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.
Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
7. Scrape, harvest, or extract data from the Services.
8. Seek to obtain advantage or information from our Services using methods not expressly permitted by PLAYQUIZS.
9. Engage in solicitation or attempted solicitation of personal information from other users of our Services.
10. Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
11. Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.
12. Impersonate another person, including without limitation any other user or any PLAYQUIZS employee.
13. Use our Services to violate any applicable law or regulation.
14. Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.
Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights. PLAYQUIZS reserves the right to determine whether one's conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services, at its sole discretion. PLAYQUIZS also reserves the right to take any action it deems appropriate as a result, which may include forbidding you access to the Services, terminating your account and/or limiting your access to the Services.
Login Information and Your Account
To access to the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your UPI, credit card and other payment systems. Thus, PLAYQUIZS strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.
License Term
The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by PLAYQUIZS.
Suspension and Termination of Services
Without limitation to any other remedies, PLAYQUIZS may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if PLAYQUIZS suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits and in-game purchases. PLAYQUIZS is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.
PLAYQUIZS may also stop offering and/or supporting the Services, including, but not limited to, any particular game or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such an event, PLAYQUIZS shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in termination of your Account, disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.
Ownership And User Content
Games and Services
All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games played using a PLAYQUIZS game client and the PLAYQUIZS game clients and server software) are owned solely by PLAYQUIZS. PLAYQUIZS reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its games and the Services.
Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from PLAYQUIZS, or any other attributes associated with an Account or stored on the Services.
User Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and will forever be owned by and inure to the benefit of PLAYQUIZS.
User Content
“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to PLAYQUIZS and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. PLAYQUIZS will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. PLAYQUIZS does not screen or monitor User Content submitted on the Services. The users of the Services bear all risk associated with its use, including, but not limited to, exposure to offensive and indecent content.
Though it is not obligated to, PLAYQUIZS reserves the right in its sole discretion to monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.
User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. PLAYQUIZS reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with PLAYQUIZS to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting PLAYQUIZS access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and PLAYQUIZS’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Nature And Use Of Service
Game of Skill
1. All the Games hosted by PLAYQUIZS on the Platform, where a user needs to pay a participation fee in the form of money, are Games of Skill. Different Games will reward different skills, but each game will reward certain skills, such as knowledge of the game, familiarity with rules, experience, reflexes, practice, hand-eye coordination, etc. Certain games may have predetermined outcomes, which are achievable by the Users using their skills to play the games within the games’ time limits.
2. Users must note that all Games available on the Platform are games where the success and/or performance of the Users depends predominantly upon their superior knowledge, training, attention, experience and adroitness (‘Games of Skill’) in playing the game. ‘Games of Skill’, under Indian law, are excluded from the ambit of gambling legislations including the Public Gambling Act of 1867 and other state enactments except in the Restricted States.
3. Hence, the individuals residing in the Restricted States should not participate in any paid Contests/tournaments/other gameplay formats or Games offered on the Platform. Any participation by such individuals shall be at their sole risk and discretion and PLAYQUIZS shall not be liable to refund or reimburse any injury or damages suffered by such individuals.
4. PLAYQUIZS reserves the right to monitor all activities from the User’s Account on the Platform. If any User participates in any Contest or Games in violation of any central and/or state law(s) in India, PLAYQUIZS reserves the right to cooperate with law enforcement agencies of the relevant state and report such participation and/or suspicious activity along with all relevant details of the concerned User.
5. PLAYQUIZS does not support, endorse or offer to any User ‘games of chance’ for money.
Deposits
In order to participate in certain Contests, the Users may be required to pay a Designated Amount in the form of cash. Users may add cash to their Account by using any of the payment modes available on the Platform.
If PLAYQUIZS identifies that the same User Details are being used under multiple accounts, then PLAYQUIZS at its sole discretion will terminate/deactivate the Account without the Users’ consent and any Deposit in the Account will not be refunded.
PLAYQUIZS, at its sole and absolute discretion and without any notice to the Users, reserves the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently to any User.
PLAYQUIZS may, at its sole and absolute discretion restrict, change, suspend, or terminate any User’s access to all or any part of the Platform, including but not limited to:
1. reject, move, or remove any material that may be submitted by the User;
2. move or remove any content that is available on the Platform;
3. deactivate or delete an Account and all related information and files on their Account;
4. establish general practices and limits concerning use of the Platform and the services; and
5. assign its rights and liabilities with respect to all Accounts hereunder, to any entity.
Notwithstanding anything to the contrary herein, the Users acknowledge and agree that they shall have no ownership or other interest in their Account, and further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of PLAYQUIZS.
Winnings
Awards for all Contests shall be pre-declared at the time of registration in the specific rules applicable to such Contest. Awards may be in the form of Tokens, cash or promotional gifts.
Users are eligible to withdraw only trade Winnings or cash Winnings from his/her Account to his/her respective bank/wallet account once it is validated and KYC (Know Your Customer) verified.
Any tax/levies/duty etc., as applicable on material prizes, shall be paid by the winner of the game. Based on TDS (tax deducted at source) Rules for any sort of game winning in India, 31.2% TDS should be deducted on any winning above Rs.10,000/- in a single game.
Bonus Program- Terms & Conditions
As part of its Business Promotion strategy, PLAYQUIZS may run a Bonus Coin Promotion which is a Discount Program whereby the User is allowed to accumulate discount eligibility points (referred to as ‘Bonus Coin’) in a separate wallet referred to as ‘Bonus Wallet’.
Such Bonus Coins are granted as per various business promotion strategies that may be run by PLAYQUIZS from time to time.
The Bonus Coins are subject to control by PLAYQUIZS and the Company is free to put such restrictions on its availability, utilisation, inherent discount benefits, time validity, etc. as it may decided from time to time.
PLAYQUIZS may allow upfront Cash Discount from the Platform Fee in lieu of the accumulated Bonus Coins in accordance with the conversion ratio as the Company may be decided from time to time for each Contest.
All Bonus Coins credited in the User account shall be valid for a period of 60 days from the date of credit. If the Bonus Coins are not utilised by the User over a period of 60 days or if the User is inactive on PLAYQUIZS for a period of 60 days, unutilised Bonus Coins shall be automatically expired by PLAYQUIZS.
Third-Party Services
The Services or/and the games may include links to third-party services and/or the third-party services may be made available to you via the Services or the games. The third-party services may include, but are not limited to, gameplay recording and sharing, social medial connectivity and the like. You acknowledge and agree that third-party services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions because they constitute an agreement between you and the applicable third-party service provider.
Warranty Disclaimers
Without limiting Playquizs liability under section limitation of liability below, the services are provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title and non-infringement and those arising from course of dealing or usage of trade. Playquizs does not warrant that you will be able to access or use the services at the times or locations of your choosing; that the services will be uninterrupted or error-free; that defects will be corrected; or that the game or the services are free of viruses or other harmful components.
Limitation of Liability
To the maximum extent permitted by law, Playquizs shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including, but not limited to, loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of services or the services itself, whether based on contract, tort or any other legal theory, and whether or not Playquizs has been advised of the possibility of such damages. Playquizs shall not be liable to you for more than the amount you have paid to Playquizs in accordance with these terms of services in the six (6) months immediately preceding the date on which you first assert a claim. you acknowledge and agree that if you have not paid anything to Playquizs during such time period, your sole remedy (and Playquizs exclusive liability) for any dispute with Playquizs is to stop using the services and cancel your account.
Indemnity
You agree to indemnify, defend and hold PLAYQUIZS harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Terms of Services. PLAYQUIZS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PLAYQUIZS, and you agree to cooperate with PLAYQUIZS defense of these claims. PLAYQUIZS will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
Dispute Resolution And Applicable Law
If a dispute arises between you and PLAYQUIZS, PLAYQUIZS strongly encourages you to first contact PLAYQUIZS directly to seek a resolution by opening a help ticket directly in-game.
You agree that all disputes between you and PLAYQUIZS shall be governed by the laws of India by a court located in New Delhi without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.
No Class Actions
You And Playquizs Can Only Bring A Claim Against Each Other On An Individual Basis. By Agreeing To These Terms Of Services, You Understand And Agree That You Waive The Right To A Class Action And Can Only Bring Claims Against Playquizs In Your Individual Capacity.
That means:
1. neither you nor PLAYQUIZS may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action;
2. the arbitrator or court cannot combine more than one person’s claim into a single case and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and PLAYQUIZS both agree to change this); and
3. the arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.
Severability
If any portion of these Terms of Services or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
Assignment
PLAYQUIZS may assign or delegate these Terms of Services and/or the Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Services or Privacy Policy without PLAYQUIZS prior written consent, and any unauthorized assignment and delegation by you is ineffective.
Entire Agreement
The Terms of Services and Privacy Policy contain the entire understanding of you and PLAYQUIZS and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.
No Waiver
The failure of PLAYQUIZS to require or enforce strict performance by you of any provision of these Terms of Services or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of PLAYQUIZS’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by PLAYQUIZS of any provision, condition or requirement of these Terms of Services or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Services, no representations, statements, consents, waivers or other acts or omissions by PLAYQUIZS shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of PLAYQUIZS.
Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services to PLAYQUIZS are of a unique and irreplaceable nature, the loss of which shall irreparably harm PLAYQUIZS and that cannot be replaced by monetary damages alone, so that PLAYQUIZS shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the games, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any).
Force Majeure
PLAYQUIZS shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond PLAYQUIZS control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Partnership
You agree that your use of the Services does not constitute any joint venture, partnership, employment or agency relationship between you and PLAYQUIZS as a result of this Agreement.
Notices
PLAYQUIZS may notify you via postings on http://playquizs.com/ in the games or via e-mail or any other communication means using contact information you provide to us.