Terms and Conditions

  1. Recitals
    1. Winabike is a brand of Motorbikes India (the "company", “we”, “us”, “our”, “promoters”). Through www.winabike.in, along with its sub-pages, and the App(_______), operates separate portals, including but not limited to MotorbikesIndia.com, Winabike.in, spottheball.in and associated mobile apps, through which it offers skill based online ‘Spot The Ball’ cricket gaming.
    2. Winabike used herein shall be construed as a collective reference to the Company and its affiliated subsidiaries unless otherwise specifically mentioned.
    3. Any person utilizing or accessing the portals of Winabike (“User”, “Entrant”, “you”) for availing the online information and database retrieval services, including, gaming services, offered therein (“Services”) or participating in the various contests and competitions including fantasy gaming being conducted through Winabike (“Competitions”) shall be bound by these Terms and Conditions, and all other rules, regulations and terms of use referred to herein or provided by the company in relation to any Services.
    4. Certain Services being provided may be subject to additional rules and regulations set down in that respect. To the extent that these Terms and Conditions are inconsistent with the additional conditions set down, the additional conditions shall prevail. The discretion of putting up additional conditions for particular services is vested solely with the Promoters.
  1. Scope of Usage
    1. The Services and Competitions can be accessed and utilized by only those individuals who are above the age of 18 as per the Majority Act of 1875.
    2. The conditions put forth in Clause 2.1 shall be deemed inapplicable to the Promoter's employees or members of their immediate family, agents or any other person who is connected with the creation or administration of our Services.

 

  1. Legal Undertaking
    1. By accessing our services including the competitions, the users will be deemed to have legal capacity under Clause 2.1 of these Terms.
    2. The Services and Competitions being offered by us are governed by the Indian Law and any matters relating to the Competition will be resolved under the Indian Law and the Courts of India shall have exclusive jurisdiction over the same. 
    3. If any user participates in the Competitions being offered by our website or affiliates, he undertakes the responsibility of ensuring that he is not in breach of any national, state or municipal laws of India. The Promoters waive off any liability against any user accessing our Services illegally.
    4. It is deemed the responsibility of the users to check with their state and municipal authorities to ensure that they are within the confines of legality of the place they are residing in.
  2. Competition Entry
    1. Our Services may be accessed at any of our Physical Locations mentioned on our website or online via any of our Websites or affiliate portals.
    2. As a duty of care towards our game players, we have put a restriction of 3 plays per registered person per competition.
    3. Each Competition may have specific prize options as per the discretion of the Promoter.
    4. The availability of Competitions and the corresponding pricing of tickets is at the discretion of the Promoter and will be specified at the point of sale in our Physical Locations and on the Website. 
    5. To enter a Competition at the Physical Locations, you will need to select the Competition you wish to enter, purchase your Ticket or Tickets through a member of staff at a stand operated by the Promoter and complete a form to provide the operator on the stand with your contact details. You will receive an email from Winabike which will contain a link to our registration page. Once you have registered and confirmed that you have read the terms and conditions, you will then be able to play the game of skill.
    6.  Our representatives at the physical location can help you to register straight away (if you have a suitable device to do so, then you can play immediately). For each Ticket that you have purchased, you will need to complete a Spot the Ball game of skill onscreen, which shall operate as follows:
  3. you will be shown a sporting photograph (Cricket match) which will not contain a ball; 
  4. using all the information shown in the sporting photograph displayed on the computer screen use your skill and judgement to correctly identify the X & Y pixel coordinates where you believe is the most likely position for the centre of the ball if one had been present in the image;
  5. click on the screen to mark this spot (you can see your spot's coordinates on the screen). The computer will register this spot as your entry into the Competition 
  6. you may repeat the process for the Spot the Ball Challenge for as many entries as you wish to make, up to the specified limit. You will require one Ticket for each entry. 
    1.  When playing a Competition online via the Website, follow the on-screen instructions to:
    2. select the Competition you wish to enter and when you are ready to purchase your Ticket(s), provide your contact and payment details. You will need to check your details carefully and tick the declaration, confirming you have read and understood the Competition terms and conditions; 
    3. once you have purchased your Tickets, play the Spot the Ball Challenge in accordance with 3.4(b) and (c);
    4. when your payment has cleared we will then contact you by email to confirm your entry into the Competition. Please note that when entering online you will not be deemed entered into the Competition until we confirm your Ticket(s) order back to you by email.
    5.  The Promoter reserves the right to refuse or disqualify any incomplete Entries if it has reasonable grounds for believing that an Entrant has contravened any of these terms and conditions.
    6. To the extent permitted by applicable law, all Entries become our property and will not be returned. 
  1. Promotion Periods           
    1. Each Competition will run for a specified period as mentioned in the details of the Competitions (“Promotion Period”).

 

  1. Adjudication
    1. The position of the centre of the ball will normally be determined after the close of the Competition by an adjudicator(s) using the pixel coordinates provided by the Winabike senior management team, which is stored securely on our database until the end of the Competition. This winning co-ordinate will also be sent to the Adjudicator(s) before each competition starts, to ensure there will be no changes made.
    2. The adjudication shall be based solely on the accuracy of the users’ entries in consonance with the position of the ball as defined by the coordinates under Clause 6.1 of these Terms.
    3. Within five (5) days of the end of the respective Competition, the computation of entries against the database of coordinates shall proceed through mathematical calculation to adjudge which of the valid and eligible Entries received by the Promoter is closest to the coordinates mentioned under Clause 6.1 of these Terms.
    4. The winning Entrant (the “First Winner”) shall be entitled to receive the prize stipulated for the competition.
    5. The First Winner will be the person who correctly identifies, (or if no one is correct), who is closest to, the coordinates mentioned under Clause 6.1 of these Terms. For the avoidance of doubt, distance will be measured by calculating the straight line distance from each valid and eligible Entry to the coordinates mentioned under Clause 6.1 of these Terms.
  1. Tie
    1. In the rare event that more than one person has picked the winning coordinates (or more than one person have picked the closest coordinates) the winner will be deemed the person who entered the competition first. All entries are date and time stamped to ensure fairness. Other matching ‘winners’ will receive a credit to their ‘play’ accounts of INR 40,000. This is for play only and is not cash redeemable.
    2. In the event that the Promoter closes a Competition early, the Winner will be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner. In the event that a Competition is closed without selecting a Winner, the Promoter will give all entrants Game Credit to enable them to replay equivalent tickets in a subsequent competition. The Promoter also reserves the right at its sole discretion to extend the closing date of any Competition.
    3. All Entrants are automatically entered onto the Promoter's database for the purpose of conveying information as to the status of their Competition, as well as any future Promotions or Competitions offered by the Promoter.

 

  1. Winner's Details
    1. The Promoter will attempt to contact Winner(s) using the telephone numbers and email address provided at the time of Entry (or as subsequently updated) and held securely in our database.
    2. It is the Entrant's sole responsibility to check and update these details. If for any reason they are taken down incorrectly, the Promoter will not be held responsible. Entrants must carefully check their contact details have been recorded correctly.
    3. If for any reason the Promoter is unable to contact a Winner within 5 days (which may be extended at the sole discretion of the Promoter) of the end of a Competition or the Winner fails to confirm acceptance of the prize or the Winner is disqualified as a result of contravening any of these terms and conditions, the Winner will forfeit the prize and it will be awarded to the Entrant with the next closest coordinates, as defined under Clause 6 of these Terms.
    4. For the avoidance of doubt once the prize has been forfeited the original Winner or Runners Up will have no further claims against the Promoter.
    5. The First Winner will be required to send a copy of their passport or identity card to the Promoter to confirm their identity, age and also to prove that if the purchase was made by credit card that the card was legally theirs or that they had authorisation to use it, before any prize will be paid or delivered. Any failure to meet these obligations may result in the First Winner being disqualified and the Promoter choosing an alternate winner. 
    6. All Winners will also be required to provide photographs and/or pose for photographs and videos, which may be used in future marketing and public relations by the Promoter in connection with the Competition and in identifying them as a winner of a Competition. 
    7. Following receipt and verification of the details requested under Clause 7 of these Terms by the Promoter, the Winners will be contacted in order to make arrangements for delivery of the prize. At this point the Winners must choose between the prizes available (as detailed in the Competition prize information on the Website) and notify the Promoter of their choice in writing.
  1. Competition Prizes
    1. Competitions may comprise of a number of different motorbikes. For the avoidance of doubt, there will be only one prize awarded for each Competition this will be referred to as the; ‘First prize’ and not one per model of bikes listed.
    2. During the course of a competition, if due to circumstances beyond the control of Winabike.in and its associated websites and apps, we (the promotor) are unable to provide the stated first prize, we reserve the right to offer a number of different bikes as substitutions, from which the winner will pick one. The choice of bikes will be of equal of greater value to the original.
    3. In India the bikes will be delivered to the winner with all tax duties paid.
    4. Winabike winners may take a cash alternative instead of the bike, this will be calculated in the following way; the full on the road price (as published by the manufacturer at the time of winning) less 25%.
    5. All other expenses not expressly specified herein are the sole responsibility of the Winners.
    6. All prizes are subject to the terms and conditions of the prize provider, manufacturer or supplier.
    7. Each First Prize must be accepted as awarded and is non-transferable or convertible to other substitutes and cannot be used in conjunction with any other vouchers, offers or discounts, including without limitation any vouchers or offers of the Promoter or other prize suppliers
    8. The winner must claim their prize within 30 days from the end of each competition. This starts from the announcement date (these dates may vary, depending on the number of days in a particualr month, and number of competitions held during any one year). Winabike will make every effort to contact the winner via the contact details which were made available during your registration, and if this is not successful announcements via our Social media. After the 30-day period has elapsed the person who was the next nearest to the centre of the ball will be awarded the prize.
    9. Please allow 6 to 8 weeks for the delivery of the prize bike. This occasionally may be extended depending on the make, spec, your location and the colour of the bike, but in most cases the 6 – 8 week period should suffice.

 

  1. Referral Awards
    1. The Refer a Friend scheme is operated to reward customers for referring genuine friends and acquaintances as new customers to the Winabike Competition. The system works as follows, you send in a friend’s name, email address and contact telephone number with your username to: refer@winabike.in. Winabike will send an email to the person with a link to register, confirm T & Cs and play.
    2. Once the referred person has registered, paid and entered the competition for the first time, your account will be credited with Rs. 375 this amount is equivalent to 3 entry level plays (Rs. 75). This amount is for play only and is not cash redeemable.
    3. Credit earned is subject to the terms of the Refer a Friend scheme which shall be made available on the website.
  1. Signup Bonus
    1. The Promoter may from time to time operate a New Customer Sign up Bonus to reward new customers that register with the Promoter with a number of credits (these bonus will vary between Rs. 225 and Rs. 1,000).
    2. This reward shall be limited to one time per individual customer. Unfair manipulation of the scheme may lead to abuse under these terms.
    3. The abuse of this system under Clause 10.2 shall not be tolerated and if the Promoter has reasonable grounds to believe that an individual is registering multiple accounts, the Promoter shall reserve the right at its sole discretion to void each and every order entered and/or Game Credit earned as a result of the Sign Up Bonus and to disqualify such individual as a Winner.

 

  1. Warehousing
    1. The Promoter shall store the chosen prize free of charge for 30 days post the notification of the First Winner, at the end of which time the Prize shall be delivered to the Winner.
  1. Collection of Data
    1. Acceptance of the prize by the Winner shall impose the requirement for them to have their photo and video taken by the Promoter for promotional purposes, both immediately after their win and in the future for use in accordance with Clause 7.6 of these Terms unless prohibited by law. 
    2. By entering a Competition, you agree to the use of your name, address, and/or photograph or other likeness, as well as your appearance at publicity events without any additional compensation (other than reasonable travel expense) and as required by the Promoter if you are declared a Winner. 
    3. It is the full responsibility of the winner to register the bike with the relevant authorities, and to ensure that they take out full insurance and other safeguards (i.e. advance riding training and tests) prior to riding the bike.
    4. Winabike and its associates waive off any responsibility for any injuries caused whilst riding the winning bike.
  2. Limits of Liability
    1. The Promoter makes no representations or warranties as to the quality/suitability of any of the goods or services offered as prizes.
    2. Except for liability for death or personal injury caused by the negligence of the Promoter, the Promoter shall not be liable for any loss suffered or sustained to person or property including, but not limited to, consequential (including economic) loss by reason of any act or omission by the Promoter, or its servants or agents, in connection with the arrangement for supply, or the supply, of any goods by any person to the prize Winner(s) and, where applicable, to any family/persons accompanying the Winner(s), or in connection with any of the Competitions promoted by the Promoter.

 

  1. Communication Medium
    1. No responsibility shall be accepted for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
    2. The Promoter shall use its best endeavours to award the prize for a Competition to the correct Entrant. If due to reasons of hardware, software or other computer related failure, or due to human error the prize is awarded incorrectly, the Promoter shall reserve the right to reclaim the Competition prize and award it to the correct Entrant, at its sole discretion and without admission of liability. 
  1. Contingency of Cancellation
    1. In the event that the Promoter closes a Competition early, the Winner shall be selected from all valid and eligible Entries received by the Promoter prior to the date of closure, except that the Promoter reserves the right, at its sole discretion, to close a Competition early without selecting a Winner.
    2. In the event that a Competition is closed without selecting a Winner, the Promoter shall be liable to provide all entrants Game Credit to enable them to replay equivalent tickets in a subsequent competition.
    3. Notwithstanding any other provision in these Terms, the Promoter shall reserve the right at his sole discretion to extend the closing date of any Competition.
    4. The Promoter shall not be liable for any economic or other consequential loss suffered or sustained to any persons to whom an award has been incorrectly made, and no compensation shall be due.
    5. The Promoter shall use its best endeavours to ensure that the software and website(s) used to operate its Competitions perform correctly and accurately across the latest versions of popular internet, tablet and mobile browsers.
    6. For the avoidance of doubt, only the ticket coordinates recorded in our systems, howsoever displayed or calculated, shall be entered into the relevant Competition and the Promoter shall not be held liable for any competition entries that occur as a result of malfunctioning software or other event.

 

  1. Intellectual Property
    1. Any personal data that you supply to the Promoter or authorise the Promoter to obtain from a third party shall be used by the Promoter to administer the Competition and fulfil prizes where applicable.
    2. In order to process, use, record and disclose your personal data the Promoter may need to transfer such information outside the territory of India, in which event the Promoter is responsible for ensuring that your personal data continues to be adequately protected during the course of such transfer.
  1. List of Winners
    1. A list of winners and their home town shall be made available for one (1) month after the end of each Competition by sending an email to the Promoter.

 

  1. Warranties by the Users
    1. The Users agree to abide by these Terms and Conditions and all other rules, regulations and terms of use of the Website. In the event User does not abide by these Terms and Conditions and all other rules, regulations and terms of use, Winabike may, at its sole and absolute discretion, take necessary remedial action, including but not limited to:
      1. restricting, suspending, or terminating any User's access to all or any part of Winabike Services;
      2. deactivating or deleting a User's account and all related information and files on the account. Any amount remaining unused in the User's Game account or Winnings Account on the date of deactivation or deletion shall be transferred to the User's bank account on record with Winabike subject to a processing fee (if any) applicable on such transfers as set out herein; or
      3.  refraining from awarding any prize(s) to such User.
    2. Users agree to provide true, accurate, current and complete information at the time of registration and at all other times (as required by Winabike). Users further agree to update and keep updated their registration information.
    3. A User shall not register or operate more than one User account with Winabike.
    4. Users agree to ensure that they can receive all communication from Winabike by marking e-mails from Winabike as part of their "safe senders" list. Winabike shall not be held liable if any e-mail remains unread by a User as a result of such e-mail getting delivered to the User's junk or spam folder.
    5. Any password issued by Winabike to a User may not be revealed to anyone else. Users may not use anyone else's password. Users are responsible for maintaining the confidentiality of their accounts and passwords. Users agree to immediately notify Winabike of any unauthorized use of their passwords or accounts or any other breach of security.
    6. Users agree to exit/log-out of their accounts at the end of each session. Winabike shall not be responsible for any loss or damage that may result if the User fails to comply with these requirements.
    7. Users agree not to use cheats, exploits, automation, software, bots, hacks or any unauthorised third party software designed to modify or interfere with Winabike Services and/or Winabike experience or assist in such activity.
    8. Users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying Winabike or Winabike Services.
    9. Users agree that without Winabike's express written consent, they shall not modify or cause to be modified any files or software that are part of Winabike's Services.
    10. Users agree not to disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server used to offer or support Winabike or the Winabike Services (each a "Server"); or (2) the enjoyment of Winabike Services by any other User or person.
    11. Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, denial of service, or other attempts to disrupt Winabike Services or any other person's use or enjoyment of Winabike Services.
    12. Users shall not attempt to gain unauthorised access to the User accounts, Servers or networks connected to Winabike Services by any means other than the User interface provided by Winabike, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that underlies or is part of Winabike Services.
    13. Without limiting the foregoing, Users agree not to use Winabike for any of the following:
      1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
      2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals;
      3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
      4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Winabike, any software, hardware, or telecommunications equipment;
      5. To advertise, offer or sell any goods or services for any commercial purpose on Winabike without the express written consent of Winabike;
      6. To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
      7. To advertise, offer or sell any goods or services for any commercial purpose on Winabike without the express written consent of Winabike;
      8. To Transmit content regarding services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
      9. To download any file, recompile or disassemble or otherwise affect our products that you know or reasonably should know cannot be legally obtained in such manner;
      10. To falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
      11. To restrict or inhibit any other user from using and enjoying any public area within our sites;
      12. To collect or store personal information about other Users;
      13. To interfere with or disrupt Winabike, servers, or networks;
      14. To impersonate any person or entity, including, but not limited to, a representative of Winabike, or falsely state or otherwise misrepresent User's affiliation with a person or entity;
      15. To forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through Winabike or to manipulate User's presence on Winabike;
      16. To take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
    14. To engage in any illegal activities. You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.
  2. Privacy Policy
    1. All information collected from Users, such as registration and credit card information, is subject to Winabike's Privacy Policy available on the official website.