• Regarding an Online contest

I want a legal advice on the following scene.

I want to organise an online contest in which 2 users will enter the contest with 100rs entry fees. they both will upload their images and then ask their social media friends or people to vote them and public will decide the winner through online voting.
the winner will get 180rs reward.

I want to know if it is legal in india or not.

as voting seems to come under the game of SKILL and not the game of CHANCE.
Asked 5 years ago in Business Law

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26 Answers

Yes, anything is possible as per the cyber act and creating app online.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Here the complete laws/rules/process of the contest is not enumerated and hence the appropriate advice is not possible. However, it is suggested that without any actual contest and only by voting, the provisions of cyber law will be also attracted. So, you are suggested to organise the contest abiding all the law/processes. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Prohibition of prize competitions where the prize offered exceeds one thousand rupees a month. Have to apply for license if amount exceeds 1000rs from competent authority.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Any game which involves skill and does not invite the character of gambling is permissible in indie whether online or offline.

Since your game does not involve any skill but mere a game of seeking attention, I do not find it to be legally tenable.

 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

- As per Supreme Court , A ‘game of skill’ means , the game in which , the success primarily depends on the superior knowledge, training, attention, experience, and adroitness of the player , like golf, chess etc. 

- Further , the Supreme Court has held that unless it is purely a game of chance, it is not illegal.

- And further , as per Supreme Court, even though the most important aspect of gambling is chance it does not mean that it is completely devoid of skill.

- Hence, the Games which require skill up to a certain degree, are not illegal.

- Since, the selecting a contestant , depends upon the attention , experience and adroitness(mental power) of players , hence it can be considered fully a game of Skill, and hence such type of voting game , whether online or offline is legal in India. 

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You need to present the same under the parameters of game of skill like the dream website for cricket works. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Any contest involves money is illegal without  permission.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

it is really the game of chance

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

It does not appear to be game of skill 

 

it is more game of chance 

 

it depends upon number of votes you manage to garner from your friends , colleagues , relatives 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It is not game of skill 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

It's not about feature of contest but prize. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If winner is decided on basis of his skills then it would be legal 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

I still have misgivings in the format of the game. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes, as i mentioned above 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

What is prohibited in law is gambling. 

Gambling and voting are two different things having no similarity between them. 

You can do online voting.  It is all legal. 

To cast vote for anything is ones fundamental right. Voting means gathering  others  opinion on some matter or issue.  

All we can vote for something . In parliament MPs go for voting on different issues. This is not gambling at all. 

So go ahead. No legal issues attached with it. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Dear querist, 

 

it is completely legal to do the contest. It will amount to skill and dosent violate any laws. However, you might face one legal issue once it is started. Therefore, in my advise you have to bring all that contest under some legal forms and agreements which will be diverting all those legal issues that may come up. Go ahead! 

in case you need my assistance in the matter, you can contact me on linkedin.

http://linkedin.com/in/yuganshu-sharma-655091183

regards, 

 

Yuganshu Sharma
Advocate, Delhi
961 Answers
2 Consultations

You need to give the precedent of the dream India case. It may be challenged as gambling is prohibited. They will term the same under gambling. Therefore if they challenge you need to bring the same under that case parameters

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is legal

This game uses chance.

Yes.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The anti-gambling laws of most Indian states exempt games of mere skillIndia's Supreme Court defines “mere skill” to mean preponderance of skill, meaning the skill element should outweigh chance. According to the Supreme Court, games of skill do not amount to gambling and can be considered as commercial activities.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Supreme court declared Rummy, Chess, Caroms, wagering on horse races is a skill game so they a legal to play in real cash. But there is no specific information about ( housieTambolagame legal rights. ... Housie/Tambola are not illegal games played for real cash. One cannot bet on the game played by other person.

There are two main differences between games of chance and games of skill. The first difference is who the player is playing against. When a player is playing against the house, it is a game of chance. When the player is pitted against other players, it is considered to be a game of skill.

The gaming industry has witnessed a paradigm shift with the evolution of television, digital and online gaming models. Following the increased internet penetration in the mid-1990s, from being targeted at academics to being used by the general population, internet-based online games gained popularity. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Under the Constitution of India, the state legislatures have been entrusted with the power to frame state specific laws on ‘betting and gambling’.3 The Public Gambling Act, 1867
(‘Public Gambling Act’) has been adopted by several states including Uttar Pradesh, Madhya Pradesh and Delhi. The other states in India have enacted their own legislation to regulate gaming / gambling activities within its territory (“Gambling Legislations” or  “Gaming Legislations”). Most of these Gambling Legislations were enacted prior to the advent of virtual / online gambling and therefore primarily refer to gambling activities taking place in physical premises, defined as “gaming or common gaming houses”.

Mentioned below are 7 skills an expert gamer should possess.

  1. Professionalism:
  2. Dedication: ...
  3. Practice: ...
  4. Patience: Rome was not built in a day and neither were gaming experts. ...
  5. Focus: Advertisement. ...
  6. Maturity: Maturity is a must for any professional gamer. ...
  7. Team Work: Majority games require you to function as a team. 

The playing of games for enjoyment purposes is allowed under the legal regime. The situations become tricky when it comes to the playing of games with the involvement of stakes. The law in India remains unclear as to the gaming domain. The major point of consideration which arises is the difference between gaming and gambling.

The Court while deciding on the Public interest litigation filed claiming the game ‘Kaun Banega Crorepati based on the British show “Who wants to be a Millionaire” held that the game cannot be regarded as gambling. It was discussed that as per the format of the game, the candidate is asked question and given four options out of which he has to pick the correct answer. It was contended that the amount won in the question would serve as a stake for the next question and thus result in gambling. The Court held that skill was involved in answering of question put forth and therefore it was a game of skill and not gambling.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. This is perfectly legal. This is neither a game of skill nor chance. It is not a game in the first place.

2. To select a person on the basis of his DP is not a game in the first place,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

The rules of contest should be drafted so unambiguously that it does not appear as a game in the first place.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes, this will be valid contest. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Yes the contest is legal in India.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You may proceed keeping in mind you do not violate any provisions of law particularly IPR.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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