Terms and Conditions
Terms and Conditions
1. The #WhatAShot Contest (defined hereinafter) is a fan engagement and rewards programme launched by Gully Cricket Limited (“GCL”), that will be accessible that will be accessible on the official website, which is owned and operated by GCL (“GCL Website”) from September 25, 2022 until October 2, 2022 (“Term”). GCL owns and operates the Barbados Royals team (“BR Team”) and facilitates their management towards their participation in the Caribbean Premier League (“CPL”).
2. Through the access to the GCL Website, the fans shall have the right to participate in the fan engagement contest in relation to the BR Team conducted by GCL (“#WhatAShot Contest”), subject to the fulfilment of the following conditions (“Participant”):
a. the fan is a citizen and resident of West Indies or India or such other jurisdiction as may be permitted by the local laws; and
b. the fan is 18 (eighteen) years of age or of such other age as may be permitted by the local laws and is of sound mind.
4. The GCL Website shall display a separate link redirecting the fans to a webpage for the #WhatAShot Contest within the GCL Website.
5. Upon accessing such webpage the Participants shall be required to provide the personal details and information including but not limited to name, age, gender, e-mail address, contact number, a valid address of the Participant and such other information as may be required by GCL.
6. The Participant hereby explicitly provides its consent to GCL and its affiliates, as may be required under the relevant applicable laws:
a. to collect, utilise, exploit, share and store such data and personal information relating to such Participant;
b. to share such data and personal information with third parties for marketing and advertising purposes; and
c. to permit GCL to track the activities of the Participant on all social media handles and to receive transactional and promotional updates and any other form of electronic communications including but not limited to by way of pop-ups, notifications, e-mails, WhatsApp notifications, messages, etc. from GCL and other third parties.
7. Upon providing the aforementioned details and accepting to the Terms, such Participant shall be required to answer 2 (two) general questions that may be determined by GCL in its sole and exclusive discretion. The Participants shall be required to send their response to each question before receiving the next question. It is hereinafter clarified that the Participants shall be permitted to provide only a single response for each of the questions.
8. Upon answering and submitting their response, the Participant shall be eligible to participate in a lucky draw. The winners of the #WhatAShot Contest shall be randomly selected through a computerised selection process from amongst the Participants eligible to participate in the lucky draw. GCL shall, in its sole and exclusive discretion, issue and reward to the Participants who are selected as winners.
9. GCL shall, in its sole and exclusive discretion, declare 3 (three) Participants randomly selected through a computerised selection process as the winners of the #WhatAShot Contest on [9th Oct] 2022 or such other date as GCL may determine.
10. The Participant shall not be permitted to register multiple entries using the same contact details and fan profile in relation to the #WhatAShotContest. GCL shall have the right, at any time throughout the Term, to verify the details provided by each Participant. Further, GCL shall have the right to immediately suspend and disqualify any Participant from participating in the #WhatAShot Contest if the Participant is found to use multiple identities/fan profiles to participate in the #WhatAShot Contest.
11. The winning Participants shall also be notified of their prizes and rewards by e-mail within 48 (forty eight) hours after the announcement of winners by GCL. The e-mail communications sent shall not constitute a guarantee of prize.
12. GCL reserves the right to upload and post the names, photos, videos or such other audio-visual content of the winners of the #WhatAShot Contest and undertake any other promotional activity as GCL may, in its sole discretion, deem fit, on its social media platforms including but not limited to Facebook, Twitter, Snapchat and Instagram. It is hereinafter clarified that each Participant, upon choosing to participate in the #WhatAShot Contest and accepting the Terms, permits and consents to GCL announce such Participants name and other details in the event the Participant is selected as a winner.
13. GCL shall, at any time during the term of the #WhatAShot Contest and in its sole and exclusive discretion, be entitled to change, alter, amend or modify the terms and conditions relating to providing of prizes to the winners.
14. The rewards and prizes, if any, shall be delivered by GCL, only within the territory of West Indies and India, at the address provided by the Participant while registering for the #WhatAShot Contest within 45 (forty five) days of the announcement of winners or such other time as may be solely decided by GCL. All costs and expenses for logistics and delivery of the prizes shall be borne by GCL.
15. The Participant acknowledges and understands that GCL, will always be bound by and will be subject to the rules/regulations/ directives/ decisions of CPL/ Cricket West Indies (“CWI”)/ International Cricket Council (“ICC”) and/or any other concerned cricket governing body and/or any court/arbitrator/tribunal orders, rules/decisions/directives of government and quasi-governmental bodies. Thus, these Terms and the performance of the obligations of the Participant and GCL pursuant to these Terms shall be subject to the rules/regulations/ directives/ decisions of CPL/ CWI/ ICC.
16. GCL may, at its sole and exclusive discretion have the right to suspend the Participant and restrict his participation in the #WhatAShot Contest if:
a. the Participant is found to use multiple identities/fan profiles to participate in the #WhatAShot Contest;
b. if the Participant violates any third party intellectual property rights;
c. if the Participant provides unauthorized access any third person to participate in the #WhatAShot Contest for and on behalf of the Participant;
d. the Participant makes any false claim for eligibility to avail rewards and entitlements;
e. the Participant, through his actions and conduct causes any loss, harm, damage or disrepute to the reputation and the brand name carried by GCL and/or the BR Team;
f. the Participant violates any of the terms and conditions laid down in these Terms or any policies, rules, regulations, orders or codes of the CWI;
g. if the Participants provides any information which is found to be false, inaccurate or misleading; and
h. if the Participant is involved in any illegal or prohibited activity including any activity regarded as betting, gambling, wagering under applicable local laws or the laws of England.
17. The Participant further undertakes and acknowledges that GCL shall be the owner of and shall retain all intellectual property rights over the #whatashot Contest, and any other content, material, creatives, information and documentation disclosed and/or provided in connection with the Participant’s participation in the #whatashot Contest.
18. The Participant hereby agrees and acknowledges that the Participant shall at all times and under all circumstances refrain from the usage of any language, terms, graphical, audio-visual or other representations (including speeches, defamatory reviews and defamatory and offensive emails, messages and public statements) which would result in any loss, harm, damage or disrepute to the reputation and the brand name carried by GCL or the BR Team (including its affiliates, associated entities, shareholders, directors, staff and employees). The Participant further agrees that in the event that the Participant undertakes the usage of any language or representations which result in loss or disrepute to the reputation of GCL or the BR Team (including its affiliates, associated entities, shareholders, directors, staff and employees), GCL would be entitled to take such actions as would be considered appropriate including a breach of the terms of these Terms.
19. It is hereby clarified that GCL shall not be liable for any loss, damage or destruction suffered on account of any delay or disruption in the #whatashot Contest and/or inability of the Participant to participate or avail the rewards on account of occurrence of any force majeure event including but not limited to unavailability of any communication system, sabotage, fire, flood, explosion, accident, acts of God, civil commotion, pandemic (including but not limited to Covid-19), strikes or industrial action of any kind, riots, insurrection, war, pandemic, the use or operation, as a means for inflicting harm, of any computer, computer system, computer software, computer software programme, malicious code, computer virus or process or any other electronic system or terrorism.
20. In the event of a breach of the Terms by any such Participant, GCL may take any such action, as deemed appropriate, including (without limitation to) immediately taking all or any of the following actions:
a. temporary or permanent suspension of the Participant’s access to the GCL Website;
b. filing of any suit, claim for damages or take any legal action available against the Participant for breach of these Terms; and
c. to undertake any and all such actions and remedies as may be available to GCL under applicable local law or the laws of England including filing a suit for claim for damages resulting from any losses suffered from the actions of the Participant in derogation of these Terms.
21. The rewards and prizes receivable by a Participant shall be non-transferable and non-assignable to any person other than the Participant.
22. The rewards and prizes receivable by a Participant shall not be exchangeable for any other goods, services or cash.
23. GCL shall not be responsible for the quality, warranty, reliability or performance of the prizes and rewards awarded to the Participant.
24. GCL shall also promote the #whatashot Contest on all or such social media platforms, as GCL may in its sole and exclusive discretion, through the accounts owned and operated by GCL.
25. This #whatashot Contest is a fan engagement exercise and shall not devolve any economic benefit to the Participants or the winners and does not involve any monetary consideration whatsoever.
26. This #whatashot Contest shall be held at the discretion of GCL and GCL may, at any point of time and without any prior notice or intimation to fans or Participants, discontinue or modify this #WhatAShot Contest.
27. It is hereinafter clarified that GCL shall not be held responsible for any liability loss, damage or any other claim arising out of or in connection with the #WhatAShot Contest.
28. These Terms shall be governed in accordance with the laws of England and the courts in London shall have the exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms.
29. In the event any provisions of these Terms are deemed as illegal or unenforceable under the provisions of any applicable local laws or the applicable laws in force in England, the remaining clauses under these Terms shall continue to remain and have full force and effect unless such illegality and unenforceability violates the very basis of these Terms.
31. The Participant acknowledges that GCL hereby reserves the right to add, modify, delete or otherwise change the provisions of these terms and conditions, the benefits and rewards arising from the Terms at any time as determined appropriate by GCL, without the prior notification to the Participant.