Legality

Whether the App play Tiger Games https://tigergames.in/ falls under the category of gambling or is it a skill?

 

Legal opinion

In two landmark Supreme Court cases, State of Bombay v RMD Chamarbaugwala (AIR 1957 SC 699), and RMD Chamarbaugwala  v Union Of India (1957 SC 628), it was held that competitions that involved substantial skill were not gambling activities. Such competitions were business activities, the protection of which was guaranteed under article (19) (1)(g) of the constitution.

 

What is a game of skill?

A game of skill requires a player's skill and mental or physical strength to win. It does not depend on sheer luck. The players use several strategies to emerge victorious. Usually, the player with better skill or experience wins the game.

It also requires constant practice to improve in these games.

 

What is a game of chance?

Here, the win depends on the luck of the player. In online gaming, a random number generator produces a sequence of random numbers that finally choose the winning number. Each player largely has the same chance of winning despite their experience or skill.

 

These are easier to play than the games of skill as they do not require any technical knowledge. Lottery and roulette are some examples of such games.

 

What is the controversy?

People have varied opinions on whether fantasy games should be categorised based on skill or luck. However, the Supreme Court has made it clear that it involves a certain skill level in playing these games.

 

Gambling and Betting- a Game of Chance or Skill?

The main test to determine whether a game amounts to gambling or not is, what dominates/preponderates, whether skill or chance. Games of chance are those where the winner is predominantly determined by luck; the result of the game is entirely uncertain and a person is unable to influence such result by his mental or physical skill.

 

The distinction between a game of skill and a game of chance can be done by evaluating certain elements of the game in question. Primarily, games in India have been classified as games of skill, where skill plays a dominant role in determining the result of the game. The result depends on the knowledge, training, experience, and ability of the player.

 

Typically, a game of skill is one in which success is dependent on the knowledge, attention, training, experience and adroitness of the player and with certain amount of luck, as held by the Supreme Court in the Dr KR Lakshmanan case and the  Satyanarayana case, where, in a case brought forward by the Madras Race Club, horse racing and wagering on it was held to be a game of skill.

 

In India, games of chance fall under the category of gambling, and are generally prohibited, while games of skill, falling outside the ambit of gambling are usually exempted.

 

Relying again on the 'skill test', the Supreme Court in State of Andhra Pradesh v. K. Satyanarayana & Ors.40, held that, rummy is preponderantly a game of skill and not of chance. The Court further observed that, "it requires certain amount of skill because the fall of the cards has to be memorised and the building up of rummy requires considerable skill in holding and discarding cards". The expression 'mere skill' means presence of skill of a substantial degree.

 

Tiger Games does a verification of Age, location and other eligibility criteria of players, and all precautions are taken to ensure zero fraud. Users can add money to the wallet by using debit & credit cards, UPI & more methods and cash is not allowed.

 

The game does not fall under any category of gambling as per any state acts of the Republic if India and checks are undertaken to ensure fraudulent activities are not committed. The prize money is distributed among the players basis their skill displayed and there is no case where money generated is used for illegal purposes, charity, money laundering etc.

 

 

 

In my opinion ‘YesNo’ under Tiger Games is a game of skill since it requires the following :-

i. Requires analytical skills - data analysis, processing knowledge and understanding trends are prerequisites to make profits in the game of YesNo, one must take the right decision at the right time. Tiger Games- ‘YesNo’ helps in sharpening your skills by enabling you to take decisions based on data for fixed time widths for chosen trends.

 

ii. Develops Research Skills - creating plans ahead of time, reading in detail about the current topics, like sports, general knowledge, staying updated with current political scenarios and diligent analysis of the trends goes a long way.

 

iii. Builds Adaptability - most people have their own bias, revising on a regular basis, in response to situations they see or face in their daily lives. This framework for Tiger Games allows users to test all set of ideas and strategies

 

Modus Operandi

How to Play?

- YesNo – will act as an exchange in predictions market. Enabling people to express their opinions and trade directly on the outcome of a future event. YesNo is a platform for engaging in information trading centred around future topics, spanning areas like stocks, businesses, politics, sports and more. Users make predictions about whether a certain event will occur by simply saying 'Yes' or 'No'. This constitutes what is known as an information market.

 

- Prior to investing in markets, it's important to understand that YesNo hosts multiple active markets, allowing users to trade in the ones that interest them. A market comprises the Event title, Market Resolution, and a settlement link. Market Resolution is of utmost importance as it outlines all possible scenarios on which the event's settlement is contingent.

 

- YesNo facilitates trading on markets, meaning users can buy or sell shares at any time, without having to wait for the settlement period. When selecting an event, it's crucial to base your choice on your expertise, knowledge, and interest as a trader. Thoroughly scrutinize the event details. When you've decided on an event to engage in, having all the pertinent information is crucial for making an informed trade. The Market Resolution section contains crucial details like Start Date and Time, Close Date and Time, Settlement Date and Time, as well as other essential information to bear in mind while trading. Among these, the Source Agency and Market Resolution are paramount. YesNo's events may seem broad, but each event has a very specific set of criteria that must be met for settlement to occur in a specific direction, be it Yes or No.

 

- Comprehending the rules is vital. Events are fashioned to be stimulating and competitive, so ensure you grasp the Market Resolution prior to commencing trading. Any participant in the market should be able to verify the result of a settlement, and you should acquaint yourself with these particulars before buying or selling contracts.

 

- Once you've settled on an event that resonates with you, verify its settlement date and time. If there's adequate time remaining before the event expires, you've found a suitable event. If not, repeat the process until you do.

 

- Visit the settlement link to assess the event's current standing.

The product will be a mass market product with high social engagement as people like to discuss their opinions on movies, TV series, politics, sports, current affairs, economics and many more topics.

 

- Based on your skill you can start answering

 

- You can answer as many questions as you want

 

- Try the challenges and track the live movement to check if your ideas are functioning as per plan

 

- Choose among multiple sets available for the day

 

- Winner will be decided on final accuracy after contest period is over

 

- Answers cannot be edited once the contest is live

 

- You can exit the contest any time due to multiple reasons like:

* Change in market conditions

* Controlling your loss / booking early profit

 

To select a question, you have to decide an analysis for it, which can be either change of situation or same trends continuing.

 

Routing of prize money happens through verified bank accounts only / wallet

 

Platform for operation- apk and website

 

Exceptions to such gaming – NA

 

Areas/Jurisdiction where such gaming activities are not supported – only practice contests allowed for Andhra Pradesh, Assam, Orissa, Karnataka, Telangana, Sikkim, or Nagaland

 

Individual above 18 yrs only can participate

 

Company also hereby confirms through its lawyers that it’s not under the category of Gambling as per any act of the states and the money so generated is not used for Illegal purpose, charity, Money laundering etc. None of the Courts orders have been violated in such cases /states where there is no such restriction

 

Age / State / other eligibility criteria of the Players are verified.

 

So, Tiger Games in my opinion constitutes a collection of games of skill and are in no way related to gambling or games of chance.