Corporate Luck by Chance — Legal Position Statement

Issuer: IT SERVICES BY RAJAT AGARWAL, the trade name of Rajat Agarwal, an individual carrying on a sole proprietorship in India, B-1105, Shipra Krishna Vista, Indirapuram, Ghaziabad, Uttar Pradesh, 201014, India. E-mail rajatsiroffice@gmail.com. Telephone +91 96503 97480. The proprietorship is not registered for GST. Service: Corporate Luck by Chance (corporate-luck-by-chance.pages.dev). Version 2026-10-13.

1. Purpose and scope

1.1 This Statement records the legal position on which IT Services by Rajat Agarwal ("IT Services") supplies the Corporate Luck by Chance software service (the "Service") to corporate bodies, societies and similar organisations ("Organizers") for closed-group games played by the persons they invite ("Participants").
1.2 It is to be read with Part II (Terms and Conditions) and Part III (Consent Boxes and Records), which carry the operative rules.

2. Statements of position

Statement 1 — A software business, not an online gaming business.
IT Services is a software business. It does not offer, operate, organise or advertise any online money game or online money gaming service.
Basis. The Promotion and Regulation of Online Gaming Act, 2025 ("Online Gaming Act") defines an "online money game" in section 2 as an online game played by paying fees or depositing money or other stakes in the expectation of monetary or other enrichment, whether the game is of skill, chance or both, and prohibits the offering of such games and services in section 5, their advertisement in section 6 and related financial transactions in section 7, with penalties under section 9. The Services involve no payment, deposit or stake by any Participant. The only charge is the Organizer's fee for use of the software (Statement 4).

Statement 2 — The Services are software supplied as a service.
IT Services supplies software, accessed over the internet, to Organizers on a software-as-a-service basis.
Basis. Indian Contract Act, 1872; Information Technology Act, 2000, section 10A (a contract is not unenforceable only because its proposal and acceptance are in electronic form); Copyright Act, 1957, section 2(ffc) (computer programme).

Statement 3 — The games are software licensed to clients.
The games are computer programmes. All software products offered under the Corporate Games name, their source code, game engines, designs and concepts are owned by Rajat Agarwal alone, who trades as IT Services by Rajat Agarwal. They are licensed, and not sold, to Organizers for an agreed plan and period; every right not expressly granted is reserved.
Basis. Copyright Act, 1957 (rights in a computer programme, including the exclusive rights to reproduce, adapt, issue copies and sell, hire or offer for hire); Part II, clause 2.3.

Statement 4 — IT Services collects no money or prize from Participants.
No Participant pays IT Services, or anyone else through the Service, any fee, deposit, stake, entry money or price for a chance. Any money, contribution or prize is dealt with, if at all, between the Organizer or Host and the Participant, outside the Service.
Basis.
(a) Lotteries (Regulation) Act, 1998, section 2(b): a "lottery" is a scheme for the distribution of prizes by lot or chance to persons participating in the chances of a prize by purchasing tickets. No Participant purchases any ticket or chance; no entry, token or chance is sold.
(b) Public Gambling Act, 1867, section 1 and State enactments: a "common gaming-house" is a place in which instruments of gaming are kept or used for the profit or gain of the person keeping it, and section 3 punishes the keeping of such a house. IT Services keeps no premises and takes no profit or gain from any stake, wager or play; its fee is a fixed licence fee for software.
(c) Constitution of India, Seventh Schedule, List II, Entry 34: betting and gambling is a State subject. The Bharatiya Nyaya Sanhita, 2023 ("BNS") contains no general offence of gambling; section 112 (petty organised crime) reaches a member of a group or gang committing unauthorised betting or gambling, cheating or unauthorised selling of tickets. IT Services is not a group or gang, takes no stake and sells no ticket.
(d) Indian Contract Act, 1872, section 30; Gherulal Parakh v. Mahadeodas Maiya, AIR 1959 SC 781: wagering agreements are void but not illegal. No wagering agreement exists between IT Services and any Participant.

Statement 5 — IT Services pays no money or prize to Participants.
All prizes are provided, funded and handed over by the Organizer or Host.
Basis. The person who pays winnings is the person bound to deduct tax: Income-tax Act, 2025, section 393(3), Table Serial No. 1 (formerly section 194B of the Income-tax Act, 1961) requires deduction at 30% on winnings from lotteries, crossword puzzles, card games and other games of any sort, where the winnings exceed the prescribed threshold, and requires the payer to ensure that tax on a prize wholly or partly in kind is paid before the prize is released. The obligation is the Organizer's. BNS sections 316 (criminal breach of trust) and 318 (cheating) concern persons who receive or hold money or make misrepresentations; IT Services holds no Participant money and promises no prize.

Statement 6 — Mobile numbers are not verified.
IT Services does not verify mobile numbers of Participants. The Organizer determines whom to invite and is responsible for the accuracy and lawfulness of its invitee list.
Basis. Digital Personal Data Protection Act, 2023 ("DPDP Act"): the Organizer, which decides the purpose and means of processing, is the Data Fiduciary (section 2(i)), responsible for completeness and accuracy of the data it uses (section 8(3)) and for processing by its Data Processor (section 8(1)); IT Services is the Data Processor (section 2(k)) acting on the Organizer's instructions under a valid contract (section 8(2)), namely Part II. Part II, clause 11.4 records the Organizer's warranty of authority to invite each person.

Statement 7 — Participants' personal data is erased within 24 hours after the game ends.
All Participant Personal Data (as defined in Part II) is erased from IT Services' systems within 24 hours after the game ends, subject only to the limited exceptions stated in Part II, clause 11.3.
Basis. DPDP Act, section 8(7): a Data Fiduciary must erase personal data once consent is withdrawn or it is reasonable to assume that the specified purpose is no longer served, whichever is earlier, unless retention is necessary for compliance with law, and must cause its Data Processor to erase it; section 12(3) (right to erasure). The 24-hour period reflects data minimisation and proportionality as required of any interference with privacy: Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10 SCC 1.

Statement 8 — Every game is a closed-group game.
A game is accessible only through personal links issued on the Organizer's instruction. No game is open to the public.
Basis. The statutory concepts of public gambling and the common gaming-house (Statement 4(b)) presuppose a public place of gaming for profit; a private game among invitees, with no stake and no profit to the supplier, falls outside them.

Statement 9 — The market is corporate bodies and societies and the persons they invite.
The Services are for companies, societies, associations and similar bodies, who may have the games played by their employees, associates, vendors, customers, members, and the friends and families of any of them.
Basis. Where a child (a person under 18) takes part, DPDP Act, section 9, requires verifiable consent of the parent or lawful guardian, and prohibits tracking, behavioural monitoring and targeted advertising directed at children. Part II, clause 12 provides that a child takes part only through a parent's or guardian's device with permission, that the Organizer as Data Fiduciary obtains the consent required, and that IT Services collects nothing from a child beyond a display name.

Statement 10 — Each link carries a record of who invited whom.
Every personal link records its sender and recipient so that the chain of invitations can be shown. The record is used only to enforce guest limits, to stop misuse of links and to resolve a dispute about participation. It is Participant Personal Data and is erased with the rest (Statement 7).
Basis. DPDP Act, section 7(a) (processing for the specified purpose for which the Data Principal voluntarily provided the data, without indication of objection) and the notice given to the Participant at joining (Part III, point K4).

Statement 11 — Participants give no money, so no Participant is a customer of the Service for payment purposes.
The contracting party for the licence fee is the Organizer alone. Participants are not parties to any contract with IT Services for payment, prizes or results.
Basis. Indian Contract Act, 1872; Part II, clauses 4, 5 and 8.

Statement 12 — Nature of Corporate Luck by Chance.
Corporate Luck by Chance is a game of pure chance played in rounds. A target number is shown, each Participant presses the dice, and a hit scores points. The Software ranks Participants and decides the result. Nobody pays anything to play, and IT Services provides no prize.
Basis. A "lottery" under section 2(b) of the Lotteries (Regulation) Act, 1998 is a scheme for distribution of prizes by lot or chance among persons participating by purchasing tickets; no ticket or chance is purchased. The Online Gaming Act's "online money game" requires the player's payment, deposit or stake and disregards whether a game is one of skill or chance; none exists (Statement 1). BNS section 112 applies only to a member of a group or gang committing unauthorised betting, gambling or sale of tickets; none occurs.

3. Statutory framework applied

3.1 Online Gaming Act, 2025. In force from 1 May 2026 with the Promotion and Regulation of Online Gaming Rules, 2026. An "online social game" is one that involves no staking of money or other stakes; a provider may charge a subscription or one-time access fee that is not a wager. Because the Act turns on the Participant's stake and disregards whether a game is one of skill or chance, the Service fall outside "online money game" by reason of the absence of any stake.
3.2 Lotteries (Regulation) Act, 1998. Section 2(b), applied in Statement 4(a).
3.3 Public Gambling Act, 1867 and State gaming laws. Statement 4(b) and (c). The law differs from State to State. The Organizer is responsible for ensuring that a game is lawful in each State in which it is played (Part II, clause 9).
3.4 Bharatiya Nyaya Sanhita, 2023. Sections 112, 316 and 318, applied in Statements 4 and 5. Abetment (section 45) and criminal conspiracy (section 61) require knowledge and intention; Part II, clause 7 prohibits every use that would engage them, and clause 7 entitles IT Services to suspend a game on reasonable suspicion.
3.5 Digital Personal Data Protection Act, 2023 and Rules, 2025. The Rules were published on 13 November 2025. The Act's provisions on notice, consent, general obligations, children and the rights of Data Principals (sections 3 to 17) commence in stages ending about eighteen months after that date. IT Services applies those standards from the outset. Grievances are answered within 30 days, and in any case within the period prescribed by Rule 14 (not exceeding ninety days).
3.6 Information Technology Act, 2000. Section 10A (electronic contracts), section 2(1)(w) (intermediary) and section 79 (exemption from liability of intermediary), as read by the Supreme Court in Shreya Singhal v. Union of India, (2015) 5 SCC 1, so that "actual knowledge" under section 79(3)(b) means knowledge by a court order or a government notification. Logs and records are kept as the CERT-In Directions of 28 April 2022 issued under section 70B(6) require.
3.7 Consumer protection. Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020: seller identity, grievance officer and refund policy are displayed on every Service.

4. Judicial authorities

Each gambling decision above concerns gaming conducted for stakes. The Services involve none.

5. Taxation

5.1 Prizes. Tax deduction on winnings is the Organizer's duty as payer (Statement 5). Gifts and vouchers given by an employer to employees are governed by the perquisite rules of the Income-tax Act, 2025 and Income-tax Rules, 2026 (a gift or voucher within the prescribed annual limit is valued at nil; a cash gift is taxable in full) and, for goods and services tax, by the Central Goods and Services Tax Act, 2017 (gifts by an employer to an employee up to ₹50,000 in a year are not treated as a supply).
5.2 Fees of IT Services. The licence fee shown on the pricing page is the whole amount payable. IT Services is not registered for goods and services tax and does not charge it. If the law requires registration, tax will be added to Games created after notice. A client that must deduct tax at source from the fee does so under the applicable provision and issues the certificate.

6. Undertakings given by IT Services

6.1 No Participant will be charged by the Service. 6.2 No prize will be held or paid by the Service. 6.3 Participant Personal Data will be erased as stated in Part II, clause 11. 6.4 Acceptance of Part II is taken only by a ticked box, recorded with its time and the version (Part III). 6.5 A Game that breaches clause 7 of Part II will be suspended.