Legality

Fantasy Sports is a Game of Skill

Fantasy sport is an online game that involves selection of and competition among virtual teams for points. These points can be redeemed in prizes, including money. However, when cash for stakes is involved, a fantasy game or sport is required to comply with additional legal compliances. Fantasy Sport is classed as a game of skill, rather than chance. The Supreme Court of India has explained skill in terms of “superior knowledge, training, attention, experience and adroitness…

Indian Law for Fantasy Sports:

Xtreme11 (Flagship product of Thelawale Technologies Private Limited) is completely legal as it offers services, Game features, program(s) and Contest(s) related to fantasy cricket. The services, contest(s) and program(s) related to fantasy sports offered by Xtreme11 (Flagship product of Thelawale Technologies Private Limited) 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 XI. The individual whose team scores the highest aggregate of points is announced as the winners. The formation of team by the users of Xtreme11 (Flagship product of Thelawale Technologies Private Limited) is entirely dependent on the skill and knowledge of the users which makes the fantasy sports offered at Xtreme11 (Flagship product of Thelawale Technologies Private Limited) a game of skills and 100% legal. The game of skills such as the fantasy sports are considered to be legal all over India expect certain states such as Assam, Odisha and Telangana. 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.

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 and Telangana. In this context, Xtreme11 (Flagship product of Thelawale Technologies Private Limited) does not permits the users identified as the residents of Odisha, Telangana and Assam to participate in the pay-to-play contest(s) organized by Xtreme11 (Flagship product of Thelawale Technologies Private Limited).