Terms and Conditions
Rules updated 18/08/2023:
Exhibit A ruleset updated from COM: OFF to COM: Normal COM
The Mario Kart 8 Deluxe AU/NZ Championships 2023 tournament (“Tournament”) is sponsored by Nintendo Australia Pty Limited, 804 Stud Road, Scoresby, Victoria 3179, Australia (“Sponsor”).
Tournament is open only to individuals who are (1) At least 13 years old at the time of entry (hereafter referred to as a ‘Minor’). If you are under the age of 18, 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 players under 18 years old (“Minor”) 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 the terms and conditions of these Terms and Conditions on behalf of both yourself and the Minor. Directors, officers and employees of Sponsor and any of its respective 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:
Tournament Day 1: 1st September 2023 from 4:00pm to 10:00pm AEST
Tournament Day 2: 2nd September 2023 from 12:00pm to 6:00pm AEST
Tournament Day 3: 3rd September 2023 from 12:00pm to 6:00pm AEST
Tournament Day 4: 9th September 2023 from 12:00pm to 6:00pm AEST
Tournament Day 5: 10th September 2023 from 12:00pm to 6:00pm AEST
Tournament Day 6: 11th September 2023 from 10:00am to 4:00pm 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: 2557-5372-6507
Tournament Day 2 ID: 4739-9175-2235
Tournament Day 3 ID: 3633-9634-4363
Tournament Day 4 ID: 4424-5058-6155
Tournament Day 5 ID: 4980-1672-5547
Tournament Day 6 ID: 1012-6912-1579
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 (20) randomly selected winners.
b) Online Event Registration
To participate in the Online Qualifier, you must register during the registration period for each Online Event indicated above.
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.
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 both Splatoon 3 and Mario Kart 8 Deluxe AU/NZ 2023 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.
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 PAX Aus on 8th October 2023. In addition to qualifying, the winning players will be provided with flights & accommodation for up to one (1) player and one (1) guardian (if applicable) to Melbourne 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 must be prepared and have permission to fly to Melbourne to compete, and New Zealand participants must also have a valid passport with at least 6 months’ validity from October 2023 onwards. Residents of the state of Victoria will not be provided with flights but may be provided with alternative transportation to Melbourne if required. Nintendo or ESL 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 both the 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 both championship finals at the same event.
Twenty (20) randomly selected 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: $200.00 AUD.
Selection of Winners: On or about 13th September 2023, Sponsor will identify the top 2 players from each Tournament Day using the in-game leaderboard based on the number of points accumulated during that Tournament Day of the Tournament Period.
At 12:00pm AEST on 20th September 2023, Sponsor will also select twenty (20) 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 27th September 2023.
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.
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.
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 GmbH and its branches in Italy, Germany, 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.
Exhibit A – Online Qualifier Structure
Online Bracket: 1st September 2023, 2nd September 2023, 3rd September 2023, 9th September 2023, 10th September 2023 & 11th September 2023.
Mode: 150cc Race
Teams: No Teams
Items: Normal Items
COM: Normal 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
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 PAX Aus on 8th October 2023.
Total # of Players in this Round: 12 players
Players will play up to twelve (12) courses.
A list of courses will be provided by Sponsor.
Mode: 150cc Race
Teams: No Teams
Items: Normal Items
Vehicles: All Vehicles
Smart Steering: No Smart Steering
Race Count: 12 Races