1. Eligibility

Tournament is open only to individuals who are (1) At least 13 years old at the time of entry. If you are under the age of 18 (hereafter referred to as a “Minor”), consent from your parent or legal guardian is required. (2) legal residents of Australia and New Zealand and who have legal access to each of the following: (a) a Nintendo Switch system and Mario Kart 8 Deluxe game; (b) any Nintendo Switch Online membership, including trial membership for Nintendo Switch Online; and (c) have easy and regular access to a consistent, reliable high-speed Internet connection. Participants automatically go into the draw for an additional opportunity to win a prize. All Minors must obtain consent from their parent or legal guardian to participate in Tournament. By providing such consent as a player’s parent or legal guardian, you represent and warrant that you have read, understand and agree to these Terms and Conditions on behalf of both yourself and the Minor. Directors, officers and employees of Sponsor and any of its affiliate companies, subsidiaries, agents, professional advisors, and advertising and promotional agencies, and their immediate family members and persons living in their same household, are not eligible to win any prizes.

2. Online Qualifier Details

a. Online Qualifier dates

The Online Qualifiers will take place on the dates below:

• 29th June 2024 from 12:00pm to 6:00pm AEST

• 30th June 2024 from 12:00pm to 6:00pm AEST

• 1st July 2024 from 12:00pm to 6:00pm AEST

• 5th July 2024 from 9:00am to 3:00pm AEST

• 6th July 2024 from 9:00am to 3:00pm AEST

• 7th July 2024 from 9:00am to 3:00pm AEST

(All times in these Terms and Conditions are AEST).

Tournament Details: To enter, you must participate in the Tournament in the Mario Kart 8 Deluxe game during the Tournament Period. To access the Tournament, select the following, in order, within the Mario Kart 8 Deluxe game: Online Play, Tournaments, Search by Code. Enter the following code to enter the in-game tournament.

• Tournament Day 1 ID: 2002-0622-5963

• Tournament Day 2 ID: 0167-3059-1787

• Tournament Day 3 ID: 4816-6080-1579

• Tournament Day 4 ID: 4287-8307-9979

• Tournament Day 5 ID: 4130-3766-2763

• Tournament Day 6 ID: 1193-6927-3899

There will be two (2) Tournament winners per Tournament Day, for a total of twelve (12) winners. Winners will be determined by the in-game ranking system that assigns points to players based on their ranking in each race they participate in for the Tournament. Each player may play up to 24 races on each Tournament Day during the Tournament Period. In the event of any ties, player(s) that received their final event point total first will be the potential winner(s).

There will be a total of twenty (40) randomly selected winners.

b. Online Event Registration

Registration Period:

To participate in the Online Qualifier, you must register during the registration period for each Online Event indicated above.

Individual Registration:

To enter, you must participate in the Tournament in the Mario Kart 8 Deluxe game during the Tournament Period. To access the Tournament, select the following, in order, within the Mario Kart 8 Deluxe game: Online Play, Tournaments, Search by Code. Enter the code for the current Tournament Day (see Tournament Details above) to enter the in-game tournament.

Limits

Each entrant may only enter each Online Qualifier once for a total of six (6) entries if entrant registers for each of the Online Qualifiers in their region. Multiple entrants are not permitted to share the same email address or Nintendo Account user ID.

Each entrant is eligible to enter Super Smash Bros. Ultimate, Splatoon 3 and Mario Kart 8 Deluxe AU/NZ 2024 Championship tournaments if they choose.

Use of any robots or other system to automate participation, or otherwise participate unfairly, is prohibited and may result in disqualification at the organiser’s discretion. In the event of a dispute as to any registration, the authorised account holder of the email address or Nintendo Account user ID used to register will be deemed to be the entrant. The "authorised account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted address.

c. Online Qualifier Structure

Online Qualifier structure is outlined in Exhibit A.

3. Final Event

a. Final Event Details

To play in the Final Event, winners of the Online Qualifiers must sign a participation agreement and check-in with Nintendo Australia Pty Limited at a to be arranged time, date and location (“Check-In Time”). If a winner of an Online Qualifier does not sign a participation agreement or does not check-in by the Check-In Time prior, an alternate player may be selected at Nintendo Australia Pty Limited’s discretion to participate in place of the winner.

b. Final Event Structure

Final Event structure will be outlined in Exhibit B.

4. Prizing

The 1st and 2nd place players from each Online Qualifier for a total of twelve (12) players will qualify to participate in the Mario Kart 8 Deluxe AU/NZ Championship Finals to be held at Nintendo Live in Sydney on August 31st, 2024. In addition to qualifying, the winning players will be provided with flights & accommodation for up to one (1) player and one (1) parent or legal guardian (if player is a Minor) to Sydney if required, to facilitate their attendance at the Mario Kart 8 Deluxe AU/NZ Championship Finals. To be eligible to attend the Mario Kart 8 Deluxe AU/NZ Championship Finals, all players (and player’s parent or legal guardian if player is a Minor) must be prepared and have permission to fly to Sydney to compete, and New Zealand participants must also have a valid passport with at least 6 months’ validity from August 2024 onwards. Residents of the state of New South Wales will not be provided with flights but may be provided with alternative transportation to Sydney if required. Nintendo may change the prizes for whatever reason; however, all reasonable steps will be taken to ensure winners are notified of such changes, at least 12 hours prior to the changes taking effect. In the event that a player wins qualification to participate in the Super Smash Bros. Ultimate AU/NZ Championship Finals, Mario Kart 8 Deluxe AU/NZ Championship Finals, and the Splatoon 3 AU/NZ Championship Finals, flights & accommodation or alternative transportation will be provided only once, to facilitate participate in any and all championship finals at the same event.

The top five (5) players from each qualifier (including the top 2 winners) will each receive a prize consisting of 1000 My Nintendo Gold Points (valued at $10.00 AUD per winner). Total prize pool for such winners: $300.00 AUD.

Forty (40) randomly selected winners across both qualifiers will each receive a prize consisting of 500 My Nintendo Gold Points (valued at $5.00 AUD per winner). Total prize pool for such winners: $200.00 AUD.

Selection of Winners: On or about 10th July 2024, Sponsor will identify the 1st and 2nd place players from each Online Qualifier by their ranking based on the Tourney Score the player earned during the Tournament. In the event of any ties, player(s) with the most matches won will be the potential winner(s).

At 12:00pm AEST on 12th July 2024, Sponsor will also select forty (40) potential winners at random from among all eligible entries. The random prize draw will be held at Sponsor’s offices at 804 Stud Road, Scoresby, Victoria, Australia. All potential winners will be notified by the email associated with their Nintendo Account on or about 19th July 2024.

To claim a prize, a potential winner (or the potential winner’s parent or legal guardian if the potential winner is a Minor) must follow the instructions contained in the notification and respond within ten (10) days. If a potential winner does not claim the prize within such period of time, such winner’s status may be forfeited and an alternate winner may, at Sponsor’s discretion, be designated, provided sufficient time remains to verify an alternate winner; otherwise, prize will not be awarded.

For clarity, the ten-day notification period in this paragraph only applies to the first round of potential winners. If alternate winners are needed, Sponsor reserves the right to continue to contact alternate winners (e.g., the player with the next highest score), until the applicable number of winners are verified, provided enough time remains (at Sponsor’s discretion) to verify such winners.

After verification of the entrant’s eligibility, such entrant will be awarded a prize, as set forth above. If a prize is won by a Minor, it will be awarded to a parent or guardian on the Minor’s behalf. Winners from one (1) Tournament Day are not eligible to participate for a chance to win in an additional Tournament Day. If a player receives a prize and places in the top 2 on a subsequent Tournament Day, the next eligible player on the leaderboard will be declared a winner for that Tournament Day.

Odds of winning a prize depend on number and skill of eligible players participating in the Tournament. Prizes not claimed within ten (10) days after delivery of notification may be forfeited and awarded to an alternate winner. The value of prizes is subject to variation and the winners will not be entitled to compensation for reduction in prize value. All prizes must be taken as offered and are not exchangeable, transferable, or redeemable for cash. No substitutions or exchanges of any prizes will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for any prize. Limit one prize per Nintendo Account, person, household, and address.

Identity of Entrant: In the event of a dispute about the identity of the entrant, Sponsor may declare an entry to have been made by the authorised Nintendo Account holder of the username submitted at time of entry. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorised account holder of the username associated with the winning entry.

5. Disclaimer

You have agreed to give Nintendo and all of their affiliates, partners and suppliers unreserved and unlimited use of your image, voice and likeness, royalty-free, for the purposes of external and internal promotion of Mario Kart 8 Deluxe events and related materials. You acknowledge and agree that Nintendo, or any of their affiliates, partners or suppliers will not be held liable or responsible for any damages, whether material or immaterial, to yourself, identity or reputation by use of your image, voice and likeness for the purposes listed in this document. You also acknowledge that you are over the age of 18 or are the legal guardian of the entrant.

6. License Grant

Sponsor and its agents may broadcast, stream, film, transmit, publicly display, record and/or take photographs during the Tournament, and may use the resulting footage, recordings or photographs for a range of purposes, including, without limitation, for marketing and promoting Sponsor and its products and services. By participating in the Tournament, you (and the participant’s parent or legal guardian if the participant is a Minor) hereby consent to your being filmed, recorded, and photographed and having your gameplay recorded, broadcast or streamed during the Tournament, and grant Sponsor and those acting under its authority (and agrees to confirm that grant in writing) the royalty-free, perpetual, irrevocable right and license to publish, reproduce, perform, distribute, stream, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and display any or all of the content and details of such participation, including, but not limited to your name, city and state/province of residence, likeness, Nintendo Account, Nintendo Network ID, Mii character, and prize information, and any of the film, photographs or recordings taken pursuant to this Section without further compensation, notice, review or approval, and without territorial, time, media or medium or other limitations, for Sponsor’s marketing and promotional purposes or any and all other purposes, except where prohibited by law.

7. Privacy

The Sponsor is collecting participants’ information for the purposes of conducting and promoting the Tournament. If you do not provide this information, the Sponsor may not be able to enter you into Tournament and/or provide you with a prize. The Sponsor may disclose this information to organisations engaged by the Sponsor to conduct the Tournament; government, law enforcement and regulatory bodies where this is necessary for the Sponsor to comply with its legal obligations; and other companies within the Nintendo Group including Nintendo Co., Ltd. in Japan, Nintendo of Europe AG (located in Germany) and its branches in France, the Netherlands, Belgium, Italy, Austria, Switzerland and the United Kingdom; and Nintendo of America Inc. (located in the United States). The Sponsor is bound by the provisions of the Privacy Act 1988 (Australia), the Privacy Act 2020 (New Zealand), and its own privacy policies. You can gain access to the information which the Sponsor holds about you by contacting the Privacy Officer, Nintendo Australia Pty Limited, 804 Stud Road, Scoresby, Victoria 3179, Australia.

8. Additional Terms and Conditions

The Tournament and these Terms and Conditions will be governed, construed and interpreted under the laws of Victoria, Australia. This Tournament is subject to all applicable federal and state laws and is void where prohibited. Any provision of these Terms and Conditions deemed unenforceable will be enforced to the extent permissible, and the remainder of these Terms and Conditions will remain in effect. Sponsor reserves the right to amend these Terms and Conditions and to suspend or cancel the Tournament, or any part thereof, or any player’s participation therein, at any time and for any reason in its sole discretion, including, without limitation, if viruses, bugs, unauthorised human intervention or other causes beyond Sponsor’s control affect the administration, security or proper execution of the Tournament or Sponsor otherwise becomes (as determined in the Sponsor’s sole discretion) incapable of running the Tournament as planned. Sponsor will not be responsible for problems with the gaming or other Tournament equipment. Each player participating in the Tournament (and the parent and legal guardian of each, if a Minor) represents and warrants to Sponsor that (a) the player’s participation in the Tournament will not reflect negatively on Sponsor, its brands, products or services, (b) the player will use a player name and/or team name that is appropriate for general audiences, (c) the player will behave in an appropriate and respectful manner towards other participants, spectators, press and any members of event staff, and (d) the player will not engage in unsportsmanlike conduct (e.g. excessive trash talking, disruptive behaviour).

The Sponsor is not responsible for illegible, lost, late, damaged, destroyed, inaccurate, delayed, incomplete, unintelligible, non-delivered, misdirected, stolen entries or for incomplete, inaccurate, lost, interrupted or unavailable network, satellite, telephone networks or lines, cellular towers or equipment (including handsets), computer online systems, Internet connections, computer equipment, software, viruses or bugs, servers or providers, or other connections, availability or accessibility; or for unauthorised access to, or alteration of entries; or miscommunications, failed computer, telephone, cellular, satellite, or cable transmissions, lines or other technical failure; or for jumbled, scrambled, delayed, or misdirected transmissions, hardware or software malfunctions, failures or difficulties; or for any other errors of any kind, whether human, technical, mechanical, electronic or network, including, without limitation, any errors which may occur in connection with the administration of the Tournament or in any related materials; or for the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information. Participants who violate or do not comply with these Terms and Conditions, tamper with or abuse any aspect of the Tournament, or engage in any conduct that is detrimental or unfair to Sponsor, the Tournament, or any other Tournament participant (in each case as solely determined by Sponsor, in its sole discretion), are subject to disqualification from the Tournament, and Sponsor reserves the right to terminate such participant’s eligibility to participate in this or any other promotion offered by Sponsor. Entries or gameplay generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry or game play process, as solely determined by Sponsor, will be disqualified. The Sponsor is not responsible for any injury, loss or damage of any kind resulting from an entrant’s participation in this Tournament. Should any portion of the Tournament be, in Sponsor‘s sole opinion, compromised by virus, worms, bugs, non-authorised human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to modify, suspend or terminate the Tournament, and determine winners from all non-suspect, eligible player entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.

The Sponsor will not be liable for (a) any incomplete or inaccurate information, whether caused by wireless device users or by any equipment or programming associated with or utilised in the Tournament, or by any technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorised access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, online systems, servers or providers, equipment, software, viruses or bugs; (d) any failure of any message to be received by or from Sponsor for any reason including but not limited to traffic congestion on the Internet or wireless waves or at any website or combination thereof; or (e) damage to a player’s or other person’s system or equipment occasioned by participation in the Tournament.

Neither the Sponsor nor its officers, agents, employees or associated companies is responsible if participation is not possible due to technical errors or other reasons outside the reasonable control of the Sponsor. Any delay or failure of Sponsor to perform its obligations under these Terms and Conditions, including, without limitation, with respect to fulfillment of the prize or any part thereof, shall be excused to the extent that such delay or failure is caused by an event or occurrence beyond Sponsor’s reasonable control, including, without limitation, acts of God, actions by governmental authorities, fires, floods, storms, earthquakes, inclement weather, pandemic, natural disasters, riots, wars, terrorism, or labour disputes.

Except where prohibited by law and subject to the applicable Nintendo privacy policy, entry into the Sweepstakes constitutes permission to use entrant’s name, city and state/territory of residence, likeness and prize information, without limitation, for Sponsor's promotional purposes without further permission or compensation. Without limiting the foregoing, entrant (and, if entrant is a Minor, entrant’s parent or legal guardian) understands and agrees that Sponsor may use (and may allow third parties to use) the entrant’s photo on websites, Social Media pages, advertisements, and other promotional materials. Entrant’s grant of the foregoing permission is perpetual and may not be revoked by entrant. As a condition of being awarded a prize, winners (and, if entrant is a Minor, entrant’s parent or legal guardian) may be required to confirm such permission in writing and execute and deliver a written affidavit of eligibility, acceptance of these Terms and Conditions, a release of liability, a photo/video consent and publicity release, as well as tax forms and any other documentation required by Sponsor (collectively “Release Forms”). By entering the Tournament, entrants, entrants (and, if entrant is a Minor, entrant’s parent or legal guardian) certify that they have complied with these Terms and Conditions and are eligible to win. By entering, entrants (and, if entrant is a Minor, entrant’s parent or legal guardian) agree to be bound by these Terms and Conditions and by the decisions of Sponsor, which are final and binding in all respects. The Tournament and all accompanying materials are Copyright © Nintendo. All rights reserved.

Exhibit A – Online Qualifier Structure

Online Bracket:

29th June 2024 from 12:00pm to 6:00pm AEST

30th June 2024 from 12:00pm to 6:00pm AEST

1st July 2024 from 12:00pm to 6:00pm AEST

5th July 2024 from 9:00am to 3:00pm AEST

6th July 2024 from 9:00am to 3:00pm AEST

7th July 2024 from 9:00am to 3:00pm AEST

(All times in these Terms and Conditions are AEST).

Format:

• Mode: 150cc Race

• Teams: No Teams

• Items: Normal Items

• COM: Hard COM

• Vehicles: All Vehicles

• Smart Steering: No Smart Steering

• Frequency: Fixed Period

• Race Count: 24 Races

• Group Shuffling: Every 4th Match

• Player Rating: Any Rating

• Public/Private: Code Required

Results:

After play, the winning two (2) players of each qualifying tournament day will become a finalist. The losing players will be eliminated from the tournament. The following players from each qualifier (each, a ‘Finalist’) will be eligible for the Finals (‘Finals).

Exhibit B – Final Event Structure

Finals to be held Live at Nintendo Live in Sydney on 31st August 2024 / 1st September 2024.

Format:

• 12 Races

• Total # of Players in this Round: 12 players

• Courses:

  • Players will play up to twelve (12) courses.

  • A list of courses will be provided by Sponsor.

• Tournament Structure:

  • Mode: 150cc Race

  • Teams: No Teams

  • Items: Normal Items

  • Vehicles: All Vehicles

  • Smart Steering: No Smart Steering

  • Race Count: 12 Races