Terms of Service

Last Updated: March 20, 2025

1. Introduction

Welcome to our contest platform ("Platform"). These Terms of Service ("Terms") govern your access to and use of our Platform, including any content, functionality, and services offered on or through the Platform.

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

2. Definitions

"Company", "we", "us", or "our" refers to Boon Laboratory Inc. / Laboratoire Boon Inc., the operator of this Platform.
"User", "you", or "your" refers to any individual or entity that accesses or uses the Platform.
"Contest Organizer" refers to a User who creates and funds a contest on the Platform.
"Freelancer" refers to a User who submits entries to contests on the Platform.
"Entry" refers to any content, including but not limited to digital media, code, software, or other materials submitted by a Freelancer in response to a contest.
"Prize" refers to the monetary reward offered by Contest Organizers for winning contest entries.

3. Account Registration

3.1 Account Creation

To use certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Types

The Platform supports two primary types of accounts:

Contest Organizer Account: Allows Users to create and fund contests.
Freelancer Account: Allows Users to submit entries to contests.

Users may maintain both types of accounts simultaneously.

4. Contest Creation and Management

4.1 Contest Creation

Contest Organizers may create contests by:

Providing a clear description of the contest requirements
Setting the prize amount
Establishing submission deadlines
Defining licensing terms for entries
Specifying objective judging criteria that will be used to evaluate entries
Confirming that winner selection will be based on skill, quality of work, and adherence to requirements

4.2 Prize Pooling

Multiple Contest Organizers may contribute funds to a single contest's prize pool, subject to agreement on contest terms. All contributing organizers must agree to the same objective judging criteria.

4.3 Contest Modification

Contest Organizers may modify contest details before the first entry is submitted. After the first submission, modifications require notification to all participants and may, in certain circumstances, require their consent. Material changes to judging criteria after submissions have begun are prohibited.

4.4 Contest Cancellation

Contest Organizers may cancel a contest before a winner is selected, subject to our Cancellation Policy, which may include cancellation fees and refund procedures. All cancellations will be documented with specific reasons for cancellation.

4.5 State-Specific Requirements

Contest Organizers acknowledge that contests must comply with state-specific regulations, which may include:

In New York, Florida, Rhode Island, Arizona, and certain other states, detailed documentation of selection criteria and winner determination
In California, adherence to additional privacy requirements for participant data
In states with specific contest registration requirements, compliance with such requirements for contests above certain prize thresholds

4.6 Skill-Based Contest Confirmation

All contests on the Platform must be genuinely skill-based, where winners are selected based on objective criteria related to the quality and merit of the work submitted. Contest Organizers must confirm that their contest does not constitute a game of chance or lottery.

5. Entry Submission and Management

5.1 Entry Requirements

Freelancers may submit entries to open contests provided they adhere to:

The specific contest requirements
These Terms of Service
Our Acceptable Use Policy
Any applicable laws and regulations

Freelancers are never charged any entry fee to participate in contests. Participation is completely free for all freelancers, with no purchase or payment required to submit entries.

5.2 Collaborative Entries

Multiple Freelancers may collaborate on a single entry. All collaborators must:

Be registered users of the Platform
Agree to the split of any potential prize winnings before submission
Designate a lead Freelancer as the primary point of contact

5.3 Entry Withdrawal

Freelancers may withdraw entries before the contest deadline. Once a contest has closed, entries cannot be withdrawn.

5.4 No Purchase Required

We emphasize that no purchase or payment of any kind is necessary to enter or win contests on our platform. All contests are free to enter and are awarded based solely on the skill and quality of the entry as determined by objective criteria.

6. Winner Selection and Prize Distribution

6.1 Winner Selection

Contest Organizers will select winning entries based on their stated objective criteria. Contest Organizers must select winners within the timeframe specified at contest creation. The selection process must:

Be documented with specific reasons why the winning entry was selected
Demonstrate that selection was based on skill and quality, not chance
Include detailed feedback that references the original contest criteria
Be retained in our systems for regulatory compliance purposes

6.2 Prize Distribution

Upon winner selection:

The Platform will distribute prizes to winning Freelancer(s)
For collaborative entries, prizes will be distributed according to the agreed-upon split
Our service fees will be deducted before prize distribution
All prize distributions will be formally documented with appropriate tax documentation
Prizes will only be distributed after verification of the freelancer's identity and tax information
For prizes above certain thresholds, additional verification may be required in accordance with state regulations

6.3 Disputes

If disputes arise regarding winner selection or prize distribution, parties agree to follow our Dispute Resolution Process outlined in Section 14. Our dispute resolution process includes:

A formal review of the selection against stated criteria
Verification that objective standards were applied
Multiple levels of appeal for significant disputes
Final determination by a neutral third party for unresolved disputes

6.4 State-Specific Prize Distribution

For contests with participants or organizers in states with specific regulations (including but not limited to New York, Florida, California, Arizona, Iowa, Vermont, Delaware, Louisiana, Maryland, Montana, South Carolina, South Dakota, and Tennessee):

Additional documentation of the winner selection process will be maintained
State-specific tax withholding may be applied
Contest registration with state authorities may be required for certain prize amounts
Additional disclosures may be provided to participants

7. Secondary Sales of Entries

7.1 Licensing Options

Contest Organizers must specify one of the following licensing options when creating a contest:

Exclusive Rights: Contest Organizer receives exclusive rights to winning entries
Non-exclusive Rights: Contest Organizer receives non-exclusive rights, and Freelancers retain the right to sell or license their entries elsewhere
Custom Licensing: Custom terms agreed upon by all parties

7.2 Product Sales

When permitted by the contest licensing terms, Freelancers may sell their entries as products or subscriptions to other Platform users. Such sales are subject to:

Our service fees
Compliance with our Acceptable Use Policy
Any applicable tax regulations

8. Content Hosting and Standards

8.1 Content Hosting

The Platform may host content uploaded by Freelancers, including media, code, and software. All hosted content must comply with our Acceptable Use Policy.

8.2 Content Monitoring

We monitor all content uploaded to our Platform to ensure compliance with these Terms and our Acceptable Use Policy. We reserve the right to remove any content that violates these policies.

8.3 Prohibited Content

Users may not upload, submit, or sell content that:

Infringes on intellectual property rights
Contains adult or explicit material
Promotes gambling, drugs, or controlled substances
Relates to weapons or ammunition
Violates Stripe's Acceptable Use Policy
Violates any applicable laws or regulations

9. Intellectual Property Rights

9.1 User Content

Users retain their intellectual property rights in their content, subject to the licenses granted herein and any specific contest licensing terms.

9.2 Licenses to the Company

By uploading content to the Platform, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your content in connection with providing and promoting our services.

9.3 Licenses Between Users

The license granted by Freelancers to Contest Organizers for winning entries will be as specified in the contest terms.

9.4 Representations and Warranties

You represent and warrant that:

You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all intellectual property rights in and to any content you submit
Your content does not infringe on the intellectual property rights of any third party

10. Payments and Fees

10.1 Payment Processing

All payments are processed through Stripe. Users must agree to Stripe's Terms of Service.

10.2 Contest Funding

Contest Organizers must fund contests in full at the time of creation. Funds are held in escrow until a winner is selected or the contest is cancelled.

10.3 Platform Fees

We charge fees for our services as described on our Fees page. We reserve the right to change our fees with notice to users.

10.4 Taxes

Users are responsible for any taxes associated with their use of the Platform. For prize distributions and product sales, we may collect and remit taxes as required by law.

11. User Representations and Warranties

By using the Platform, you represent and warrant that:

You are at least 18 years old
You have the legal capacity to enter into these Terms
Your use of the Platform will not violate any applicable law or regulation
You will provide accurate information for tax and payment purposes
You will not use the Platform for any fraudulent or deceptive practices

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM
ANY CONTENT OBTAINED FROM THE PLATFORM
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.

14. Dispute Resolution

14.1 Informal Resolution

If you have a dispute with another user or with the Company, you agree to first attempt to resolve the dispute informally by contacting us.

14.2 Arbitration

If informal resolution is unsuccessful, all disputes arising under these Terms shall be settled by binding arbitration in accordance with the rules of [Arbitration Association]. The arbitration shall take place in [Location], and the arbitration proceedings shall be conducted in English.

14.3 Contest Disputes

For disputes specifically related to contests, the Company reserves the right to make the final decision if a resolution cannot be reached between Contest Organizers and Freelancers.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Canadian Province], Canada, without regard to its conflict of law provisions. For users outside of Canada, additional local laws may apply as required by applicable regulations.

16. Canadian Provincial Compliance

16.1 Quebec Contests

For contests accessible to residents of Quebec, we comply with all requirements of the Régie des alcools, des courses et des jeux, including:

Registration of contests with prizes exceeding applicable thresholds
Providing contest rules in both French and English
Reporting winner selection to regulatory authorities
Payment of required fees

16.2 Other Canadian Provinces

Contests available to residents of other Canadian provinces comply with all applicable provincial regulations, including:

Ontario's Consumer Protection Act requirements for contests
British Columbia's Business Practices and Consumer Protection Act
Alberta's Fair Trading Act provisions for skill contests
Required publicity for winner announcements
Rules available in required languages

16.3 Prize Thresholds

For contests with prize values exceeding provincial thresholds:

We may post bonds where required
We register contests with appropriate provincial authorities
We maintain additional documentation of selection processes
We may apply prize caps in certain jurisdictions

17. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes through the Platform or via email. Your continued use of the Platform after such modifications will constitute your acknowledgment and agreement to the modified Terms.

18. Jurisdiction-Specific Prize Thresholds

For contests with prize values exceeding certain thresholds, specific requirements may apply depending on applicable regulations:

18.1 United States

Florida: For prizes exceeding $5,000, we may register the contest and/or post a bond
New York: For prizes exceeding $5,000, additional documentation and reporting requirements apply
Rhode Island: For prizes exceeding $500, registration may be required
Other states may have specific thresholds requiring additional documentation or registration

18.2 Canada

Quebec: For prizes exceeding $100, registration with the Régie des alcools, des courses et des jeux is required and fees apply
Other Canadian provinces may have specific thresholds that trigger additional requirements

18.3 Contest Caps

In certain jurisdictions, we may cap contest prize amounts to remain below regulatory thresholds. Contest Organizers will be notified if their intended prize amount exceeds applicable thresholds in targeted jurisdictions.

19. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.

20. Contact Information

Questions about these Terms should be sent to us at [Your Contact Email].

By using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.