GAME OF SKILLS
The services and features offered by jainsite are all a game of skills and do not promote, encourage or support gambling or betting in any manner. The game of skills can be defined as a game wherein the skills of the individuals participating in any online fantasy game play a dominant role rather than the mere luck of the individuals. The individuals in game of skills use their skills, knowledge, training and attention for participation and winning.
Fantasy sports are considered to be a legal practice around the world with certain states being an exception. The fantasy sports are entirely based on the concept of Game of Skills, wherein the users form their own teams and are allocated points on the basis of on-field performance of their chosen players.
jainsite is completely legal as it offers services, Features, Program(s) and Contest(s) related to fantasy cricket. The services, contest(s) and program(s) related to fantasy sports offered by jainsite enables its users to create their own team of playing XI prior the match begins and then the teams are awarded points on the basis of the real life performance of the players chosen by the users in their playing 11. The individual whose team scores the highest aggregate of points is announced as the winners. The formation of team by the users of jainsite is entirely dependent on the skills, knowledge and attention of the users which makes the fantasy sports offered at jainsite a game of skills and 100% legal.
ALIGNMENT WITH THE INDIAN LAWS
The game of skills such as the fantasy sports are considered to be legal all over India expect certain states such as Assam, Odisha, Telangana and Nagaland. The Public Gambling Act, 1867 (“PGA, 1867”) is recognized as the primary legality driving the prevalence of gambling in India.
The PGA defines the act of “public gambling” and keeping of a common gaming house as a criminal and punishable act in India. However, the fantasy sports games are considered to be an exception under the PGA wherein the provisions and punishments of PGA shall not be applicable to games played by the user using their skills and knowledge as primary tools.
ASSAM, ODISHA, TELANGANA AND NAGALAND
There are various states in India wherein the laws related to the game of skills are unclear. In this regard, for the websites offering fantasy sports it remains unclear whether to offer the services for free or not. The Indian states with no clearance regarding the offering of pay-to-play contests include Assam, Odisha, Telangana and Nagaland.
In this context, jainsite do not permits the users identified as the residents of Odisha, Telangana, Assam and Nagaland to participate in the pay-to-play contest(s) organized by jainsite.