Judge Agreement

Terms governing your use of McCarthy's AI as a Judge

Read this agreement carefully. By creating a Judge account on McCarthy’s AI, accepting any invitation to judge a Competition, or using the platform’s judging tools, you agree to be bound by this Judge Agreement, the Terms of Service, and the Privacy Policy. If you do not agree, do not create a Judge account.

1. Who You Are Agreeing With

This Judge Agreement is between you (the Judge) and Verta Ventures Inc., a corporation existing under the laws of Ontario, Canada, with its registered address at 80 Mill Street, No. 1209, Toronto, Ontario, M5A 4T3, operating the McCarthy’s AI platform (“McCarthy’s”, “we”, “us”, “our”).

2. Definitions

2.1  “Competition” means an AI-related contest hosted on the Platform.

2.2  “Confidential Information” has the meaning set out in Section 6.

2.3  “Judging Materials” means any submission, brief, dataset, prompt, or other content you access on the Platform in connection with judging a Competition.

2.4  “Participant” means an individual competing in a Competition.

2.5  “Platform” means the McCarthy’s AI website, services, tools, and infrastructure.

2.6  “Sponsor” means the company funding and operating the Competition you have been invited to judge.

2.7  “Submission” means work submitted by a Participant into a Competition.

3. Eligibility

3.1  Age. You must be at least eighteen (18) years old to create a Judge account.

3.2  Geography. You may not create a Judge account or judge a Competition if you are: (a) a resident of Quebec, Canada; (b) located in or ordinarily resident in a country subject to comprehensive Canadian or U.S. sanctions; or (c) included on any sanctions list applicable to McCarthy’s.

3.3  Invitation-only. Judge accounts are intended only for individuals who have been invited to judge a Competition, whether by a Sponsor or by McCarthy’s. You may not create a Judge account to self-list, solicit judging work, or access the Platform without an active or anticipated invitation. McCarthy’s may suspend any Judge account that has not been used to judge a Competition within a reasonable period after creation.

3.4  No conflicts. You may not judge a Competition if you have a conflict of interest. See Section 7 for what counts as a conflict and your obligation to disclose.

4. Your Account

4.1  One account per person. You may hold only one Judge account. Duplicate, fake, or impersonating accounts are prohibited.

4.2  Accurate information. You will provide accurate, complete, and current information about yourself, including your real name, professional affiliations, and area of expertise, and you will keep this information up to date.

4.3  Account security. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us promptly at support@mccarthys.ai of any unauthorized access.

4.4  No transfer. You may not share, sell, rent, or transfer your Judge account to another person. Judging must be performed personally by you, not by anyone else acting under your account.

4.5  Communications. By creating a Judge account, you agree to receive transactional communications from McCarthy’s that are necessary to operate the platform, including invitations, judging deadlines, and platform notices. Marketing communications are sent only with your separate, explicit opt-in consent given at signup.

5. How Judging Works

5.1  Invitations come from Sponsors. For each Competition, you will be invited to judge by the Sponsor running that Competition. McCarthy’s does not assign you to Competitions. You decide whether to accept each invitation.

5.2  Accepting an invitation. By accepting an invitation, you commit to: (a) judge fairly and in good faith using the published judging criteria; (b) complete judging within the timeline given to you; (c) keep Confidential Information confidential under Section 6; (d) disclose any conflict of interest under Section 7; and (e) follow the integrity rules in Section 8.

5.3  Your relationship is primarily with the Sponsor. While you have an account with McCarthy’s and are bound by this Agreement, the Sponsor is the party that selected and invited you and is the party that benefits from your judging. Any side arrangement you have with the Sponsor (for example, the Sponsor agreeing to pay you for your time) is between you and the Sponsor and is not part of this Agreement.

5.4  Declining or withdrawing. You may decline any invitation. If you have accepted but can no longer continue (for example, because of an unforeseen conflict or scheduling issue), notify the Sponsor and McCarthy’s promptly so the Competition is not delayed.

5.5  Sponsor recommends, McCarthy’s confirms. You assess Submissions and contribute to the Sponsor’s winner recommendation as the Sponsor directs you. The Sponsor (not you) makes the final recommendation to McCarthy’s, and McCarthy’s confirms or overrides the result. Your assessment is an input, not the final decision.

6. Confidentiality

6.1  What is confidential. “Confidential Information” means all Judging Materials and any other non-public information you receive in connection with judging a Competition, including: Sponsor briefs, business context, datasets, prompts, internal documents, the contents of Submissions, the identities of Participants where the Competition is anonymized, judging notes and discussions among judges, and the results of judging before they are publicly announced.

6.2  Your obligations. You will: (a) use Confidential Information solely to judge the Competition you have been invited to judge; (b) keep Confidential Information strictly confidential; (c) not copy, download, screenshot, transmit, or otherwise extract Confidential Information except to the extent strictly required to judge through the Platform’s tools; (d) not disclose Confidential Information to any third party, including your employer, colleagues, family, or friends; (e) not use Confidential Information for your own commercial benefit or any purpose other than judging the Competition; and (f) not publish, post, or comment publicly on any Competition or Submission you have judged without McCarthy’s prior written consent.

6.3  After judging ends. Your confidentiality obligations continue indefinitely after a Competition concludes. The end of judging does not release you from this Section.

6.4  Compelled disclosure. If you are compelled by law to disclose Confidential Information, notify McCarthy’s promptly (where lawful) and cooperate with reasonable efforts to limit the disclosure.

6.5  Return or destroy. If McCarthy’s or the Sponsor requests, you will promptly delete or return any Confidential Information in your possession, except to the extent retention is required by law.

7. Conflicts of Interest

7.1  What is a conflict. A conflict of interest exists if you have any relationship, interest, or circumstance that could reasonably be seen as affecting your ability to judge fairly. Examples include:

  • You are an employee, officer, director, contractor, advisor, or shareholder of the Sponsor, any Sub-Sponsor, or a direct competitor of the Sponsor (unless the Competition is expressly an internal Competition open to the Sponsor’s own people);
  • You are related by family or close personal relationship to any Participant, the Sponsor, or any Sub-Sponsor;
  • You have, or have had within the last twelve (12) months, a business or commercial relationship with any Participant (for example, you are their current or recent employer, client, contractor, or business partner);
  • You stand to gain or lose financially, professionally, or reputationally based on which Participant wins;
  • You are competing in the same or a similar Competition for the same Sponsor;
  • Any other circumstance that a reasonable observer would consider could bias your judgment.

 

7.2  Disclose before accepting. You must disclose any actual or potential conflict to McCarthy’s and to the Sponsor before accepting an invitation to judge. If a conflict arises after you accept, disclose it as soon as you become aware of it.

7.3  Outcome of disclosure. After disclosure, the Sponsor and McCarthy’s will decide whether the conflict requires you to withdraw from judging, or whether the conflict can be managed (for example, by recusing you from judging the affected Submissions). McCarthy’s decision is final.

7.4  Failure to disclose. Failure to disclose a known or reasonably knowable conflict is a material breach of this Agreement and may result in suspension or termination of your account, public disclosure of the failure to the affected Sponsor, and reversal of any Competition result influenced by your judging.

8. Integrity and Anti-Bribery

8.1  Judge fairly. You will apply the published judging criteria honestly and consistently. You will not score a Submission based on factors that are not in the criteria, including the identity or reputation of the Participant where this is not part of the criteria.

8.2  No bribery. You will not solicit, accept, offer, or pay any money, gift, favour, or other benefit in connection with judging a Competition, other than compensation openly agreed in advance with the Sponsor for your judging services (which is between you and the Sponsor and outside this Agreement).

8.3  No leaking. You will not communicate non-public Competition information, scoring, or results to any Participant, to any other person, or to the public. You will not give any Participant an unfair preview, hint, or advantage.

8.4  No collusion. You will not coordinate scoring with any other person to bias a Competition outcome.

8.5  Cooperation with investigations. If McCarthy’s investigates a suspected integrity issue, you will cooperate reasonably with that investigation.

8.6  Consequences. Confirmed integrity violations may result in suspension or termination of your account, public disclosure of the violation to affected Sponsors, reversal of any Competition result you helped influence, and referral to law enforcement where appropriate.

9. Compensation

9.1  McCarthy’s does not pay Judges. McCarthy’s does not pay you for judging. You are not an employee, contractor, agent, or service provider of McCarthy’s.

9.2  Any payment from the Sponsor is between you and the Sponsor. If the Sponsor who invited you offers compensation (for example, a flat fee for your judging time), that is a private arrangement between you and the Sponsor. McCarthy’s is not a party to it, does not facilitate it, does not pay it through the Platform, and is not responsible for collecting, remitting, or reporting it. The Sponsor pays you directly, on whatever terms you agree.

9.3  Tax responsibility. You are solely responsible for any income tax, withholding, or other tax obligations arising from any compensation you receive from a Sponsor. McCarthy’s does not issue tax slips, withhold tax, or report income for Judges, because McCarthy’s is not the payer.

9.4  No expense reimbursement by McCarthy’s. McCarthy’s does not reimburse Judges for any expense incurred in connection with judging. If the Sponsor reimburses, that is between you and the Sponsor.

10. What You Can and Cannot See

10.1  During judging. You will have access through the Platform to the Submissions, the Sponsor’s brief, the judging criteria, and any other materials the Sponsor has chosen to share with judges, for the duration of the judging window.

10.2  After judging ends. After the judging window closes, your access to that Competition’s Submissions and Judging Materials may be restricted or removed.

10.3  No data export. You do not receive the Sponsor’s post-Competition data export. The export feature is for the Sponsor, who is responsible for evaluating and following up with Participants. You have no right to receive or retain Participant data after judging.

10.4  No rights in Submissions. You acquire no ownership, license, or other right in any Submission, Sponsor brief, or Judging Material. All intellectual property in Submissions is owned by McCarthy’s; all Confidential Information remains the property of the disclosing party.

10.5  No use of Participant information. You will not contact any Participant outside the Platform, recruit any Participant, or otherwise use any information you learn while judging for any purpose other than judging that Competition. If you wish to engage with a Participant after a Competition (for example, hire them), that engagement must be initiated through ordinary professional channels and not on the basis of information obtained through judging.

11. Suspension and Termination

11.1  By you. You may close your Judge account at any time by emailing support@mccarthys.ai. Closure does not release you from confidentiality obligations under Section 6, integrity obligations under Section 8, or any other obligation that survives by its nature.

11.2  By us. We may suspend or terminate your Judge account at any time, with or without notice, if we reasonably believe you have breached this Agreement, the Terms of Service, or any other applicable policy, or if required by law.

11.3  Effect of termination. On termination, your access to the Platform ends. Confidentiality, integrity, and any other surviving obligations remain in force.

12. Your Representations and Warranties

You represent and warrant that:

  • You meet all eligibility requirements in Section 3;
  • Information you provide is true and accurate;
  • You will comply with this Agreement, the Terms of Service, and all applicable law;
  • You will disclose conflicts of interest as required by Section 7;
  • You are entering into this Agreement voluntarily.

13. Disclaimers

THE PLATFORM IS PROVIDED “AS IS”. MCCARTHY’S MAKES NO PROMISES ABOUT THE AVAILABILITY OF JUDGING OPPORTUNITIES, THE CONDUCT OF ANY SPONSOR, OR ANY BENEFIT YOU MAY RECEIVE FROM JUDGING.

13.1  No guarantee of opportunities. McCarthy’s does not guarantee that you will be invited to judge any Competition, or any specific number of Competitions, after your account is created.

13.2  No guarantee of Sponsor conduct. McCarthy’s does not guarantee that the Sponsor who invites you will pay you (if payment was agreed), will run the Competition smoothly, or will comply with its own commitments to you. Your arrangement with the Sponsor is your responsibility to enforce.

13.3  General disclaimer. To the maximum extent permitted by applicable law, McCarthy’s disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

THIS SECTION LIMITS MCCARTHY’S LIABILITY TO YOU. READ IT CAREFULLY.

14.1  Exclusions. To the maximum extent permitted by applicable law, McCarthy’s is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for loss of profits, opportunity, goodwill, or data, arising out of or relating to your use of the Platform or your judging of any Competition.

14.2  Cap. McCarthy’s total aggregate liability to you under or relating to this Agreement will not exceed one hundred Canadian Dollars (CAD $100).

14.3  Consumer rights preserved. Nothing in this Section limits any right you have under mandatory consumer protection laws of your country of residence.

14.4  Time limit on claims. Any claim against McCarthy’s must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred, to the maximum extent permitted by applicable law.

15. Your Liability to McCarthy’s and Sponsors

15.1  Indemnification. You will defend, indemnify, and hold harmless McCarthy’s and its directors, officers, employees, contractors, and affiliates, and any Sponsor whose Competition you judged, from and against any third-party claim, loss, damage, liability, or expense (including reasonable legal fees) arising out of or relating to: (a) your breach of confidentiality under Section 6; (b) your failure to disclose a conflict of interest under Section 7; (c) your breach of the integrity rules under Section 8; (d) any false or misleading information you provided about yourself; or (e) your other material breach of this Agreement.

16. Governing Law and Disputes

16.1  Governing law. This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.

16.2  Informal resolution first. Before bringing any formal proceeding against McCarthy’s, you will contact support@mccarthys.ai with a description of the dispute and proposed resolution, and we will attempt in good faith to resolve it within thirty (30) days.

16.3  Court venue. If informal resolution fails, the dispute will be brought in (a) the Ontario Small Claims Court (for claims up to CAD $35,000), or (b) the Ontario Superior Court of Justice in Toronto for larger claims. McCarthy’s may also bring proceedings against you in any court of competent jurisdiction over you, including in connection with breach of Section 6 or Section 8.

16.4  Class action waiver. To the maximum extent permitted by applicable law, you agree to bring any dispute against McCarthy’s in your individual capacity and not as a plaintiff or class member in any class, consolidated, or representative proceeding.

16.5  Injunctive relief. McCarthy’s may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, Confidential Information, or the integrity of the Platform. This is particularly relevant where a Judge’s breach of confidentiality or integrity threatens harm to a Competition or Sponsor that money damages cannot adequately address.

17. General Provisions

17.1  Entire agreement. This Agreement, together with the Terms of Service, the Privacy Policy, and any Competition-specific instructions you accept when accepting an invitation, is the entire agreement between you and McCarthy’s on its subject matter.

17.2  Changes. We may amend this Agreement on at least fifteen (15) days’ notice. Continued use of the Platform after the effective date constitutes acceptance. If you do not agree to the changes, you may close your account before the effective date.

17.3  Assignment. You may not assign this Agreement. We may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets.

17.4  Notices. Notices from you to McCarthy’s must be sent to support@mccarthys.ai. Notices from McCarthy’s to you will be sent to the email address on file for your account, or shown to you in the Platform.

17.5  Severability. If any provision is held unenforceable, the rest remain in force, and the unenforceable provision will be modified to the minimum extent necessary.

17.6  Survival. Sections that by their nature should survive (including Sections 6, 7, 8, 10.4, 10.5, 13, 14, 15, 16, and 17) survive termination.

17.7  Independent status. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship between you and McCarthy’s. You are an independent individual with whom McCarthy’s has an account-holder relationship only.

17.8  Language. The English version of this Agreement is the controlling version.