TERMS AND CONDITIONS

1. INTRODUCTION

1.1. Ultimate Esports is owned and operated by Brainpulse Technologies Pvt Ltd. “Ultimate Esports” shall hereinafter, be used for referring to Ultimate Esports Website and sub-pages having its addresses at ultimateesports.in.

1.2. Any person (hereinafter referred to as the “User” or “you” or “your”) accessing, downloading, using Ultimate Esports for participating in the various contests and games (paid or free version), available on Ultimate Esports (hereinafter referred to either as “Tournament/ Service(s)”) shall be bound by these terms and conditions (hereinafter referred to as “Terms and Conditions”), Privacy Policy and all other rules, regulations and terms of use which shall be mentioned herein or provided by Ultimate Esports in relation to any Contest.

1.3. Ultimate Esports, at its sole discretion reserves the right to modify or make changes to the Terms and Conditions, rules and regulations and terms of use for the services provided on Ultimate Esports.

1.4. Ultimate Esports provides various Tournaments and Services which may have additional rules and regulations which will reflect on the respective page(s) and it shall enforce on the Users.

 

2. SERVICES

2.1. Ultimate Esports Services are available only to Users above the age of 18. Ultimate Esports has the right to terminate any account wherein the User is found to be below the age of 18 years. In the event a User is below the age of 18 and above the age of 13, the parent of such User can register the account with Ultimate Esports, whereby such parent must provide the date of birth, along with other details viz. contact details, identity verification documents, etc. and follow the registration procedure available on Ultimate Esports.

2.2. To register/ sign-up on Ultimate Esports or participate in the Tournaments, the User(s) needs to provide Ultimate Esports with personal data comprising a. Full Name b. E-mail address c. State / City of Residence d. Date of birth e. Phone Number f. Password You can register by signing up via OTP verification through your Mobile number or by linking your social media, etc. accounts (as available) on Ultimate Esports. You agree that the basic information, personally identifiable information, provided by you are true, complete, and accurate, and agree not to submit any particulars which are false or any information to which you do not have any right or authority to provide. You are solely responsible for safeguarding your account and you agree not to disclose your password to any third party. You agree that you will be solely responsible for any activities or actions taken under your password, irrespective of whether you have authorized such activities or actions. You will immediately notify Ultimate Esports of any unauthorized use of your password or your account, upon becoming aware of any such discrepancy. Without limiting any other terms of these Terms and Conditions, you may not use false identities or impersonate any other person or use a username or password that you are not authorized to use. You are not allowed to hold more than one Ultimate Esports account. In case you are found using multiple accounts, all your accounts will be banned from Ultimate Esports.

2.3. User(s) acknowledge and agree that the personal data provided to Ultimate Esports will be used, processed and stored for purposes relating to the proper organization of the Tournament. Any use of such information provided by the User to the Ultimate Esports is subject to User’s understanding and acceptance of Ultimate Esports’s Privacy Policy, available at www.ultimateesports.in/privacy-policy.html.

2.4. In the event the User indicates, while signing-up, that he/she is a resident of either Assam, Odisha, Sikkim, Nagaland, Telangana, Meghalaya, Karnataka, or Andhra Pradesh, such User will not be permitted to use the Services on Ultimate Esports in the paid version of the Tournament as the laws of these states are unclear/ bar persons from participating in games of skill.

2.5. You agree to use all the Services, in accordance with the applicable laws, rules and regulations, or any other specific restrictions on the use of the Service or content therein.

2.6. Ultimate Esports is committed to safeguarding that it is as useful and efficient as possible. For that reason, Ultimate Esports reserves the right to make changes to the application or website for maintenance at any time. If such situations cause an interruption of paid-for Services for a reasonable duration, Ultimate Esports shall not bear any liability to you and/or to any third parties. Ultimate Esports will make attempts on a best-efforts basis to let you beware of any scheduled maintenance to such extent as is possible. Additionally, Ultimate Esports shall be entitled to modify these Terms and Conditions, rules, and regulations referred to herein, at any time, by duly posting the same on Ultimate Esports.

2.7. Users consent to receiving communications such as announcements, administrative messages, and advertisements from Ultimate Esports and/or any of its affiliates, subsidiaries, associates, licensors and partners.

 

3. LEGAL PROVISIONS:

3.1. Violation of any part of the Terms and Conditions may result in sanctions and/or loss of winner status. Ultimate Esports reserves the right to sanction any User in Tournament at any level, any time in respect to their violation.

3.2. The ‘sanction’ term mentioned above may be in the form of User i) warning; ii) reprimand; iii) fine; iv) return of an award (including prize money); v) caution; and vi) disqualification.

3.3. The User assumes sole liability for injuries and/or damage to property caused or claimed to be caused by participating in Tournament.

3.4. You agree not to: circumvent, remove, degrade, deactivate, or thwart any of the contents of the Services; use any robot, spider, scraper, or other means to access our Services. You also agree not to decompile, reverse engineer and disassemble any software or other products or processes accessible through our Services. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of the Services.

3.5. If Ultimate Esports charges its Users a platform administration fee in respect of any Tournament, Ultimate Esports shall, without delay, refund to the Users’ account, such platform fee in the event of suspension or removal of the User’s account or suspension of the Tournament on account of any negligence or deficiency on the part of Ultimate Esports, but not if such suspension or removal of User’s account or suspension of the Tournament is effected due to: a. any breach or non-performance or inadequate performance by the User of any of these Terms and Conditions; b. any circumstances beyond the reasonable control of Ultimate Esports; or c. any order or directions passed by any statutory authority and /or judicial/ quasijudicial authority.

 

4. LEGALITY

4.1. Esports are organized gaming competitions wherein players compete individually, or as a team, in a competitive gaming environment with an ultimate goal to win the tournament. Esports is well recognized as a ‘sport’ in various countries and by various international federations and governing and sports’ bodies. Esports were featured as a demonstration sport in 2018 Asian Games where, India participated and successfully bagged a bronze medal. Esports is also going to be a part of the Asian Games 2022.

4.2. Games of skill are legal, as they are excluded from the ambit of Indian gambling legislations including, the Public Gambling Act of 1867.The Indian Supreme Court in the cases of State of Andhra Pradesh v. K Satyanarayana (AIR 1968 SC 825) and KR Lakshmanan v. State of Tamil Nadu (AIR 1996 SC 1153) has held that a game in which success depends predominantly upon the superior knowledge, training, attention, experience, and adroitness of the player shall be classified as a game of skill.

4.3. By using Ultimate Esports, and/or its Services, the User agrees that the games/ Tournaments offered by Ultimate Esports are skill-based games since in the said games/Tournaments offered by Ultimate Esports, winning/ success is primarily and highly dependent on the User’s knowledge of the game, understanding of the in-game mechanics, practice, hand-to-eye coordination, real-time strategy and much more detailed understanding which varies from game to game.

4.4. User agrees that the outcome of any game/Tournament played is solely the result of the skill applied by them and not on any element of chance.

 

5. TOURNAMENT(S), PARTICIPATION AND PRIZES

5.1. Wide variety of games are available on Ultimate Esports which can be derived into three categories:

a. Third-Party Games: These games are available on Ultimate Esports by acquiring the usage licence. Ultimate Esports has no control or cannot motivate in any way the result of the said game. Example: DOTA 2, FIFA, FORTNITE

b. Third-Party Deployed Games: These games are available on Ultimate Esports by acquiring usage licence. Ultimate Esports only has control on the running of game servers which verifies the stability of the system on every instance the server is run. Example: CS: GO

c. Deployed Games: Games which are developed fully or partially by Ultimate Esports and is run in the Ultimate Esports environment. The rules of these games are derived from the physical format of the game as it is and no new changes have/will be made without prior notification to the User. Example: Chess.

5.2. Ultimate Esports grants limited usage licence to User(s) to take part in such Tournament(s) or use such other Service(s) offered by Ultimate Esports.

5.3. The Tournament matches are divided into following two categories: a. Bracket Type Tournaments: In a Bracket type tournament, Participating User(s) [or team(s)] go head-to-head against their opponent(s), with the winner advancing to the next round according to their scheduled bracket available on the said Tournament page on Ultimate Esports; and b. Pool Type Tournaments: In a Pool type tournament, participating User(s) [or team(s)] are heralded into a pool competing at the same time against other opponents in the same pool to reach the required specifications to win the match which shall be mentioned in Game Rules on the specific Tournament page.

5.4. Team Based Tournament: In a team-based Tournament offered on Ultimate Esports, the Users are required to create their own team. Each such team shall be initiated by one User, where such User shall be referred to as “Team Owner”. Such Team Owner shall share the details of his team player/members (name, email id, in-game id, contact details and any such detail as requested by Ultimate Esports) as well as deposit the required Tournament fee with the Ultimate Esports. For the purposes of such team-based Tournaments, Ultimate Esports shall communicate with the Team Owner and any winnings amount shall be transferred to the concerned wallet in the User Account of such Team Owner. For the avoidance of doubt, winnings amount shall not be transferred to the wallets of the individual team members. The team members must coordinate with the Team Owner for their share and Ultimate Esports shall not be responsible for failure in receipt of such winnings by any such team member.

5.5. Check-In: Check-In is a mandatory procedure to be followed by every participating User(s) [or team(s)] for every round in a Tournament. Sufficient time is provided for the User(s) before and after the Match Round Start Time under which User(s) can Check-In for the Tournament Match Round on the specific Tournament page on Ultimate Esports. Failure in checking-in in the given time window will result in an automatic loss. Ultimate Esports will not be held liable for User’s disqualification resulting from failure to Check-In.

5.6. The Tournament(s) across Ultimate Esports shall, in addition to the Terms and Conditions, rules and regulations mentioned herein, be governed by the Game Rules as specified under the ‘How to Play’ tab on the specific Tournament page on Ultimate Esports.

5.7. The User(s) having successfully achieved the winning goal of the specific Tournament as described in Game Rules of the said Tournament, will be declared as Winners. In certain pre-specified Tournaments, there may be more than one Winner and distribution of prizes to such Winners will be in accordance with the User(s)’ placing in the Finale Match Brackets or Finale Pool Match of the said Tournament. Ultimate Esports’s decision with respect to the same shall be final, binding and non-contestable.

5.8. All prizes are non-transferable or non-exchangeable and no cash alternatives will be offered.

5.9. Ultimate Esports reserves the right to withdraw any prize at any time at its sole discretion.

5.10. Any prize(s) or trophy(s) pictured in Tournament materials are for illustration purposes only. Actual prizes may vary from any pictured prize. Ultimate Esports reserves the right to make changes to the list of prizes at its sole discretion.

5.11. The number of Users required to make the Tournament(s) operational will be pre-specified and once the number of Users in such Tournament(s) equals the pre-specified number required for that Tournament(s), such Tournament(s) shall be operational. In case the number of Users is less than the pre-specified number at the time of commencement of the match, such Tournament(s) will not be operational and shall be rescheduled. Once rescheduled, the participating User will be offered an option to opt out and any pre-designated amount paid by each such User shall be returned/ debited to the similar account of such User from which the payment was credited without any charge or deduction.

5.12. Prize Money Distribution is subjected to the applicable taxation laws. If the Prize Money exceeds Rs 10,000, then the Winner(s) will receive the Prize Money after the deduction of TDS @31.2% as per Income Tax Act 1961. Winners will be provided TDS certificates in respect of such tax deductions.

5.13. Publicity: Acceptance of a prize by the winner constitutes permission for Ultimate Esports 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 Ultimate Esports without any charge. The exact dates of such purposes remain the sole discretion of Ultimate Esports and such promotional activities may include but not be limited to press events, internal meetings and ceremonies/functions.

 

6. THIRD PARTY SITES, SERVICES AND PRODUCTS

6.1. You understand and agree that Ultimate Esports, or communication by Ultimate Esports via email and/or your account, may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by the sites. Ultimate Esports does not exercise control over any internet sites apart from its own, and have not reviewed, and do not review, all the material, including goods or services, made available through third-party sites, and thus cannot be held responsible for any content residing in any third-party internet site. Ultimate Esports, therefore, urges you to kindly make an informed choice in interacting with such third-party sites and ensure that you are familiar with the policies of such sites before you proceed with engaging with such third-party sites.

6.2. The availability of these links on Ultimate Esports does not represent, warrant, or imply that Ultimate Esports endorses any third-party sites or any materials, opinions, goods, or services available on them. Third party materials accessed through or used by means of the third-party sites may also be protected by copyright and other intellectual property laws.

6.3. Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions, and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that Ultimate Esports will not be held responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

 

7. PAYMENT TERMS

In respect of any winnings and other transactions entered on Ultimate Esports, Users agree to be bound by the following payment terms:

7.1. Any User availing the Services is provided with the following two categories of wallets for the processing and reconciliation of payments: a. Winnings Wallet b. Coins Wallet It is clarified that in no instance there will be a transfer of any amounts in the User’s wallets/accounts to any other category of wallet/account held by the User or any third-party account, including a bank account held by a third party.

7.2. These two wallets shall be governed as per the following conditions: a. Winnings Cash Wallet:

i. User’s winnings in any Tournament will reflect as credits to the User’s Winnings Wallet.

iii. User shall be permitted to withdraw any amounts credited into such User’s Winnings Cash Wallet. A maximum of

(a) 1 withdrawal can be made per day, and

(b) Indian Rupees One Lakh only (INR 1,00,000/-) can be withdrawn at one time. Withdrawals can be made only above INR 250/- and not less. User can raise its requests regarding withdrawals via “Withdraw” tab in My Wallet section.

b. Coins: i. Users can earn the coins (UB Coins) by successfully winning the Tournaments or in any other manner as offered by Ultimate Esports on the platform. ii. Such UB Coins are transferred to the User’s Coin wallet and are redeemable towards the in-app purchases made available on Ultimate Esports. iii. Users can purchase in-game items for selected games available and offered on the ‘Redeem Coins’ page from the balance coins available in their UB Coins wallet. In the event the purchased in-game item of a particular game is non-transferrable for any reason whatsoever, the said game’s in-game currency of equal value of the in-game item as selected will be credited to User’s game id on Ultimate Esports.

7.3. In either case, Ultimate Esports shall effect an online transfer to the User’s bank account or wallet on record with itself within a commercially reasonable period of time. Such transfer will reflect as a debit to the User’s Winning Wallet. Such transaction is also dependent on clearance from User’s respective bank and linked wallet and will be then reflected in User’s Bank Account or linked wallet. This usually takes a maximum of 7 business days to be effected.

7.4. Verification for Withdrawals: Users are requested to note that they will be required to provide valid photo identification in the form of their PAN card and address proof documents for proof of identity and address as may be required, in order for Ultimate Esports to process the withdrawal request. The name mentioned on the User’s PAN card should correspond with the name provided by the User at the time of registration on Ultimate Esports, as well as the name and address existing in the records of the User’s bank account as provided to us. In the event that no bank account has been registered by the User against such User’s account with Ultimate Esports, or the User has not verified his/her User account on Ultimate Esports to Ultimate Esports’s satisfaction and in accordance with these Terms and Conditions, Ultimate Esports shall provide such User with a notification to the User’s email address as on record and in the In-app notifications page with Ultimate Esports.

7.5. Failure to provide Ultimate Esports with a valid bank account or valid identification documents (to Ultimate Esports’s satisfaction) for the period as updated according to the applicable law may result in automatic forfeiture of any amounts subject to transfer in accordance with the applicable law.

7.6. Ultimate Esports services are not available in the restricted States of Telangana, Odisha, Sikkim, Nagaland, Meghalaya and Assam. User agrees that in case it is found that he/she belongs to these states, his/her account will be blocked and Ultimate Esports shall not be held responsible for any losses.

7.7. Any amount paid or transferred into the User’s Wallet may take up to 3 business days to reflect in the User’s Wallet. Users agree not to raise any complaint or claim against Ultimate Esports in respect of any delay, including any lost opportunity to join any Tournament or match due to delay in crediting of transaction amount into any of the User’s accounts. Ultimate Esports may, in certain exceptional circumstances and at its sole and absolute discretion, refund the amount to the User after deducting applicable cancellation charges and taxes. At the time of the transaction, Users may also be required to take note of certain additional terms and conditions and such additional terms and conditions shall also govern the transaction. To the extent that the additional terms and conditions contain any clause that is conflicting with the present Terms and Conditions, the additional terms and conditions shall prevail.

 

8. INTELLECTUAL PROPERTY

8.1. Ultimate Esports offers games that are independently owned by Ultimate Esports or are licensed to Ultimate Esports by the rightful third-party licensor of such games. Ultimate Esports includes a combination of content created by Ultimate Esports, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (“Intellectual Property Rights”) in all software underlying Ultimate Esports and material published on Ultimate Esports, including (but not limited to) games, Tournaments, software, advertisements, written content, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Ultimate Esports, its partners, licensors and/or associates. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Ultimate Esports either in whole or in part without express written license from Ultimate Esports.

8.2. Users may request permission to use any of Ultimate Esports’s content by writing in to Ultimate Esports Helpdesk at support@ultimateesports.in. Users shall not associate themselves with Ultimate Esports and/or the Tournament in any commercial manner, nor use any Intellectual Property Rights of Ultimate Esports, nor shall they permit any third parties to do so, unless otherwise confirmed in writing by Ultimate Esports. Users shall not carry out or facilitate any promotional or marketing activity at the Tournament venue.

8.3. Users are solely responsible for all materials (whether publicly posted or privately transmitted) that they upload, post, e-mail, transmit, or otherwise make available on the Ultimate Esports (“Users’ Content”). Each User represents and warrants that he/she owns all Intellectual Property Rights in the User’s Content and that no part of the User’s Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third-party on the Ultimate Esports. Users agree to indemnify and hold harmless Ultimate Esports, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Ultimate Esports, by such User or through the User’s commissions or omissions.

8.4. Users hereby, grant to Ultimate Esports and its affiliates, partners, licensors and associates a worldwide, irrevocable, royalty-free, non-exclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes: a. displaying Users’ Content on Ultimate Esports; b. distributing Users’ Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; c. storing Users’ Content in a remote database accessible by end users, for a charge; and d. this license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology. 10.5. All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on Ultimate Esports belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Ultimate Esports.

 

9. DISCLAIMER AND LIMITATION OF LIABILITY:

9.1. By participating in the Tournament(s), each User agrees and acknowledges that neither Ultimate Esports nor their respective affiliates, subsidiaries, representatives, advertisers and publicity agencies in any way responsible or liable for any damages, loss or injury. To the maximum extent permitted by applicable law, Ultimate Esports will not be liable in any way for any loss or damage suffered by you through use of or access to Ultimate Esports, or Ultimate Esports’s failure to provide the platform. Ultimate Esports’s liability for negligence, breach of contract or contravention of any applicable law as a result of its failure to provide this platform or any part of it, or for any problems with this platform, which cannot be lawfully excluded.

9.2. To the extent permitted under applicable law, Ultimate Esports shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, games, products, Tournaments or sites, cancellation of competition and prizes. Ultimate Esports do not provide any warranty as to the content on Ultimate Esports. Ultimate Esports content is distributed on an “as is, as available” basis.

9.3. User would be solely responsible for lost, incomplete, incorrect, damaged, delayed or misdirected applications. Any material accessed, downloaded, or otherwise obtained through Ultimate Esports is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.

9.4. Ultimate Esports will make best endeavors to ensure that Ultimate Esports is error-free and secure, however, neither Ultimate Esports nor any of its partners, licensors or associates makes any warranty that the: a. Ultimate Esports will meet Users’ requirements; b. Ultimate Esports will be uninterrupted, timely, secure, or error free; c. results that may be obtained from the use of Ultimate Esports will be accurate or reliable; and d. quality of any products, the services, information, or other material that Users purchase or obtain through the website will meet Users’ expectations.

9.5. In case any error, including any error in the determination of Winners or in the transfer of amounts to a User’s account, is discovered by Ultimate Esports, Ultimate Esports reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this paragraph, Ultimate Esports agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.

9.6. To the extent permitted under applicable law, neither Ultimate Esports nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use Ultimate Esports’s sites, even if Ultimate Esports has been advised of the possibility of such damages. Any services, events or Tournament(s) being hosted or provided, or intended to be hosted on Ultimate Esports and requiring specific permission or authority from any statutory authority or any state or the central government, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the availability of the relevant services, events or Tournament(s) are hosted or provided.

9.7. To the extent permitted under the applicable law, in the event of suspension or closure of any services, events or Tournaments, Users shall not be entitled to make any demands, claims, on any nature whatsoever. However, Users agree to indemnify Ultimate Esports for any erroneous payment made to them or for receiving an amount more than what they are rightfully entitled too.

9.8. The Users must play responsibly as they should understand this game involves a component of monetary risk and may be addictive. The Users agree and acknowledge that giving and taking bribes and manipulating results in any manner could lead to criminal proceedings. User(s) are strictly prohibited from engaging in a derogatory manner on Ultimate Esports with other User(s) or Ultimate Esports’s licensor, employee, staff, organizer or any other entity.

9.9. The Users agree to indemnify and hold harmless Ultimate Esports, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees (if any), in respect of any third party or statutory claims that may be initiated due to any form of illegal activity or modification or abuse or exploitation of Ultimate Esports or its Services by the User.

 

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. Subject to paragraph 11.2 below, these Terms and Conditions shall be governed by the applicable laws of the Republic of India, without regards to any conflict of law provisions, and for resolution of any dispute arising out of your use of the Services.

10.2. All disputes in connection with these Terms and Conditions, including disputes as to its conclusion, binding effect, amendment and termination, are to be settled between the parties by negotiation. If no solution can be reached, such disputes shall be exclusively resolved by the courts limited to New Delhi jurisdiction.

 

11. GENERAL PROVISIONS

11.1. Employees of Ultimate Esports and their respective affiliates, subsidiaries, parents, representatives, advertising, promotion and publicity agencies and the immediate families of each are not eligible to participate in the open Tournament.

11.2. The expenses incurred on travel to reach the Tournament venue, in case of a LAN event, would be borne by the User and not Ultimate Esports unless stated otherwise.

11.3. The User(s) accepts to receive Tournament updates, offers/campaign related SMS, Email, Browser/Application Notifications and/or WhatsApp messages to the mobile phone/ number/email address provided by the User(s).

11.4. Users acknowledge that Ultimate Esports provides the Users with an option of pre-match engagement with other Users on the Ultimate Esports platform by means of a chat messaging as well as conference call service. Usage of such service is completely at the discretion of the User and Ultimate Esports shall not be responsible or liable for any activity performed on such facility or interactions of the Users. However, Ultimate Esports shall comply with applicable data privacy laws and be entitled to inspect and keep a check on such usage of the Users. Users must not use any disparaging, foul or abusive language or gesture on such interactive services available on Ultimate Esports. In the event Users are found violating the provisions of this paragraph and cause disrepute or harm to the other User or the Ultimate Esports platform, Ultimate Esports shall be entitled to impose sanctions on such Users and/or terminate and/or ban their account with immediate effect. Upon such termination or banning of the said User’s account, the said User shall not be entitled to claim any remedy or benefit from Ultimate Esports in this regard.

11.5. Severability: If any provision or provisions of these Terms and Conditions are held to be illegal, invalid, or, unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.

11.6. Please note: Ultimate Esports doesn’t make, nor is in any manner responsible for any warranty, representations, guarantees, expressed or implied relating to the quality, conditions, fitness or merchantability of any aspects of the prize.

11.7. Ultimate Esports reserves the right to bring changes or alter these Terms and Conditions or the game pattern to enhance the Tournament. Details of such changes will be published on the Ultimate Esports.

11.8. Ultimate Esports, at its sole discretion, may suspend a User, disqualify any application, amend rules or provision at any time in the event of circumstances beyond its control.

11.9. Ultimate Esports’s decision in connection with any aspect of the Tournament shall be final and enforceable.

11.10. Winners for the Tournament will be selected as per the methods stipulated in Game Rules.