Last Updated: 2/06/19

Super Smash Bros. Ultimate North America Open 2019

  1. OVERVIEW
    1. Event: Super Smash Bros. Ultimate North America Open 2019 (the (“Tournament”) will consist of twelve (12) qualifying online events (each, an “Online Event”, and collectively, the “Online Events”), and one (1) final event at PAX East (the “Final Event”). The winners of the Online Events will participate in the Final Event.
    2. Game: Super Smash Bros. Ultimate
    3. Platform: Nintendo Switch
    4. Sponsor: Nintendo of America Inc., 4600 150th Ave NE, Redmond, Washington 98052
  2. ELIGIBILITY

    NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE ODDS OF WINNING. TO BE ELIGIBLE FOR THE TOURNAMENT, YOU MUST (1) BE A LEGAL RESIDENT OF THE 50 UNITED STATES (INCLUDING D.C.), CANADA (INCLUDING QUEBEC), OR MEXICO; AND (2) BE AT LEAST 13 YEARS OLD AT THE TIME OF ENTRY IF A RESIDENT OF THE UNITED STATES OR CANADA, AND AT LEAST 18 YEARS OLD IF A RESIDENT OF MEXICO. TO BE ELIGIBLE FOR THE ONLINE EVENTS YOU MUST BE LOCATED IN THE UNITED STATES, CANADA, OR MEXICO WHILE PARTICIPATING IN THE TOURNAMENT AND ALSO HAVE LEGAL ACCESS TO EACH OF THE FOLLOWING BEFORE JANUARY 22, 2019 AND DURING THE ONLINE EVENTS: (a) A NINTENDO SWITCH SYSTEM AND SUPER SMASH BROS. ULTIMATE GAME, (b) A NINTENDO SWITCH ONLINE MEMBERSHIP, AND (c) HAVE EASY AND REGULAR ACCESS TO A CONSISTENT, RELIABLE HIGH-SPEED INTERNET CONNECTION. Employees, officers, directors, and agents of Sponsor, Nintendo Co., Ltd. Battlefy, Inc. (“Battlefy”) and their respective parent companies, affiliates, subsidiaries, advertising, and fulfillment agencies (together “Related Parties”), and their immediate family members and persons living in their same household are not eligible to participate in the Tournament or to win any prize. All players (or if player is under the age of 18 or under the legal age of majority in the player’s state or province of residence ("Minor"), player’s parent or legal guardian) must complete the online registration process to enter the Tournament. All players must agree to and comply with these Official Rules, and any other Tournament rules and restrictions provided by Sponsor. Participation in the Tournament constitutes player’s full and unconditional agreement to and acceptance of these Official Rules. A player’s failure to comply with such rules may lead to his/her disqualification from the Tournament in the sole direction of the Sponsor. By permitting a Minor to participate in the Tournament such Minor’s present parent or legal guardian represents and warrants that he or she has read, understands and agrees to the terms and conditions of these Official Rules and the Release Forms (defined below) on behalf of both the parent or legal guardian and the Minor. Any Minor must have a parent or legal guardian present with them at any time they are participating in the Final Event (including during wait times and when the Minor competes). Void where prohibited by law. All federal, state, provisional and local laws and regulations apply.

  3. ONLINE EVENT DETAILS
    1. Online Event Dates: The Online Events will take place on the dates noted below:
      1. Northwest Region
        • Online Event 1: Qualifiers will be held February 2, 2019. Finals will be held February 9, 2019. The registration period for the Northwest Region Online Event 1 is January 22, 2019 through February 2, 2019 at 9:00 AM PT.
        • Online Event 2: Qualifiers will be held February 16, 2019. Finals will be held March 2, 2019. The registration period for the Northwest Region Online Event 2 is January 22, 2019 through February 16, 2019 at 9:00 AM PT.
        • Online Event 3: Qualifiers will be held March 9, 2019. Finals will be held March 16, 2019. The registration period for the Northwest Region Online Event 3 is January 22, 2019 through March 9, 2019 at 9:00 AM PT.
      2. Northeast Region
        • Online Event 1: Qualifiers will be held February 2, 2019. Finals will be held February 9, 2019. The registration period for the Northeast Region Online Event 1 is January 22, 2019 through February 2, 2019 at 9:00 AM PT.
        • Online Event 2: Qualifiers will be held February 16, 2019. Finals will be held March 2, 2019. The registration period for the Northeast Region Online Event 2 is January 22, 2019 through February 16, 2019 at 9:00 AM PT.
        • Online Event 3: Qualifiers will be held March 9, 2019. Finals will be held March 16, 2019. The registration period for the Northeast Region Online Event 3 is January 22, 2019 through March 9, 2019 at 9:00 AM PT.
      3. Southwest Region
        • Online Event 1: Qualifiers will be held February 2, 2019. Finals will be held February 9, 2019. The registration period for the Southwest Region Online Event 1 is January 22, 2019 through February 2, 2019 at 9:00 AM PT.
        • Online Event 2: Qualifiers will be held February 16, 2019. Finals will be held March 2, 2019. The registration period for the Southwest Region Online Event 2 is January 22, 2019 through February 16, 2019 at 9:00 AM PT.
        • Online Event 3: Qualifiers will be held March 9, 2019. Finals will be held March 16, 2019. The registration period for the Southwest Region Online Event 3 is January 22, 2019 through March 9, 2019 at 9:00 AM PT.
      4. Southeast Region
        • Online Event 1: Qualifiers will be held February 2, 2019. Finals will be held February 9, 2019. The registration period for the Southeast Region Online Event 1 is January 22, 2019 through February 2, 2019 at 9:00 AM PT.
        • Online Event 2: Qualifiers will be held February 16, 2019. Finals will be held March 2, 2019. The registration period for the Southeast Region Online Event 2 is January 22, 2019 through February 16, 2019 at 9:00 AM PT.
        • Online Event 3: Qualifiers will be held March 9, 2019. Finals will be held March 16, 2019. The registration period for the Southeast Region Online Event 3 is January 22, 2019 through March 9, 2019 at 9:00 AM PT.
    2. Online Event Time:
      • Qualifiers for the Northeast Region begin at approximately 9:00 AM PT. Qualifiers for the Southeast Region begin at approximately 10:00 AM PT. Qualifiers for the Southwest Region begin at approximately 11:00 AM PT. Qualifiers for the Northwest Region begin at approximately 12:00 PM PT.
      • Finals on February 9, 2019 begin between approximately 9:00 AM PT and 12:00 PM PT. Finals on March 2, 2019 begins between approximately 11:00 AM PT and 2:00 PM PT. Finals on March 16, 2019 begins between approximately 9:00 AM PT and 12:00 PM PT.
      • [Note: this Section was updated on 2/06/19 to reflect specific start times for each region.]
    3. Online Event Structure: See Exhibit A for details on the Online Event structure. You may only participate in the Online Events for your region. Region breakdown will be located at battlefy.com/supersmashbros2019.
    4. Online Event Registration:
      • Registration Period: To participate in the Online Event you must register during the registration period for each Online Event indicated above. A maximum of 2048 entrants are permitted for each Online Event.
      • Individual Registration: All players must register through Battlefy for the Online Event for their region during the applicable registration period to participate in an Online Event. Visit battlefy.com/supersmashbros2019 and follow the links and instructions to complete and submit the registration form, which may include, among other things, your full first and last name, home address (no P.O. Boxes), phone number, date of birth, email address, in-game name, 12-digit Nintendo Switch Friend Code, Nintendo Account user ID and Nintendo Switch support ID number.
      • Limits: Each entrant may only enter each Online Event once (total of three (3) entries if entrant registers for each of the Online Events in their region). Multiple entrants are not permitted to share the same email address or Nintendo Account user ID. Use of any robots or other system to automate participation, or otherwise participate unfairly, is prohibited and may result in disqualification in Sponsor’s discretion. In the event of a dispute as to any registration, the authorized account holder of the email address or Nintendo Account user ID used to register will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
    5. Online Event Check-In: Each player must Check-In for the Online Event during the hour leading up to the start of pool play by going to the Tournament competition portal located at this battlefy.com/supersmashbros2019. Each player will have 10 minutes after each match starts to click "Ready Up" on Battlefy.com and begin setting up the game. If a game has not started within 15 minutes after the Tournament round has begun, the player is expected to contact support using the "Report Match Issue" button. Support must also be contacted in case of delays during a match. If a match has not been completed 25 minutes after the round has opened and no contact with support has been made by either player, both will be disqualified. During the pool play, each player must be in the support chat located at this https://discord.gg/JQfGSy9.
    6. Hosting: The players should mutually agree upon who will host considering the fact that the player with the most stable and fastest internet connection (wired internet connection is preferred) should host. If the players cannot agree upon who should host or if there is a dispute on which player should host, then the player with the higher seed number (if any) will host. Players must become friends with one another by adding each other’s Friend Codes and accepting the friend request. The list of Friend Codes for each player will be located on the match page accessible from the Battlefy Tournament bracket or the player guide accessible from any page on the Tournament. The host must be a player who is participating in the match. Players participating in Spectator View cannot act as host. The host for each match will create a Private Battle and all other players participating in the match will join the Private Battle room. The host is encouraged to create a password for the room and share with opposing players to limit non-participants from accidentally joining, but this is not required.
    7. Reporting Scores: Each player is responsible for reporting the score on the corresponding match page accessible from the Battlefy bracket once a match is complete. It is advised that the winning player should report the score. Using the "Capture" button on the controller, each player should take screen shots and/or video of the victory screen in case of a dispute on the reporting. If you have any problems, please request help from an Online Event administrator via the "Report Match Issue" button on Battlefy or via the Tournament chat.
    8. Disconnection: If a player disconnects during a game after at least 1 minute has transpired or they have been KO’d once, the player forfeits the match. In the event of a dispute, the player that experiences the disconnection is responsible for providing video evidence of the disconnection via the Nintendo Switch Capture feature.
    9. Verification: You will not be eligible for the Finals, until you are verified by Nintendo, you complete and return any Release Forms requested by Nintendo, if any, and you follow the instructions contained in the notification received by Nintendo.
  4. FINAL EVENT DETAILS

    To play in the Final Event, winners of the Online Events must sign a participation agreement and check-in with the Sponsor at the PAX Arena by 8:00 am, local time (or another time communicated by Sponsor) on March 29, 2019 (“Check-In Time”). If a winner of an Online Event does not sign a participation agreement, does not check-in by the Check-In Time prior to the start of the Final Event, or is otherwise unable to participate in the Final Event, Sponsor may select an alternate player (in the Sponsor’s discretion) to participate in the place of winner. Participants in the Final Event are required to arrive in Boston by March 28, 2019, and must be available for the Final Event on March 30, 2019, as well as for pre-Final Event activities that may take place in Boston on March 29, 2019. The Final Event will be a team competition. The preliminary Final Event structure is set forth in Exhibit B.

  5. PRIZING AND APPROXIMATE RETAIL VALUE (“ARV”)
    1. Online Event Prizes:
      1. Prize: There will be twelve (12) Online Event winners. Each winner will receive the following Online Event prizes:
        • A slot to compete in the Final Event, scheduled to take place on March 30, 2019 at the PAX Arena (415 Summer Street, Boston, MA 02210). Twelve (12) players will compete in the Final Event.
        • A PAX Thursday Only Badge, a PAX Friday Only Badge, a PAX Saturday Only Badge and a PAX Sunday Only Badge to attend PAX East (ARV $231 US);
        • One (1) round-trip coach class airline tickets from a major U.S., Canada or Mexico commercial airport near the winner’s home to the metro Boston area for the winner (however, at Sponsor’s discretion, if the winner lives within reasonable driving distance of Boston, he or she may receive round-trip ground transportation to Boston in lieu of the airline tickets) (ARV $1,000 US);
        • If winner is a Minor, one (1) round-trip coach class airline tickets for a guest (the “Travel Guest”), who must be the winner’s parent or legal guardian, from a major U.S. commercial airport near the winner’s home to the metro Boston area for the Travel Guest (however, at Sponsor’s discretion, if the Travel Guest lives within reasonable driving distance of Boston, he or she may receive round-trip ground transportation to Boston in lieu of the airline tickets) (ARV $1,000 US). If winner is not a Minor, winner will not be eligible to receive this element of the prize;
        • three (3) nights lodging in a hotel chosen by Sponsor in Boston for winner and a Travel Guest (if winner is a Minor) (one standard room, double occupancy) – check-in March 28, 2019 and check-out March 31, 2019 (however, at Sponsor’s discretion, if the winner lives in the Boston area, he or she may receive round-trip ground transportation to the Final Event in lieu of the hotel accommodations) (ARV $780 US); and
        • $75 per diem, per day provided to winner only (ARV $300 US).
      2. Total ARV of each Online Event prize: $2,311 US per prize awarded to each winner of an Online Event. Actual ARV depends on the city of departure/arrival, the dates/times of travel and whether a Travel Guest accompanies winner in accordance with these Official rules. Any difference between actual costs and ARV will not be awarded.
      3. Winner Notification for Online Event prize: The potential winners will be notified via email approximately two (2) to ten (10) days following an Online Event using the contact information provided upon registration. To claim a prize, a potential winner (or if a Minor, his or her parent or legal guardian) must follow the instructions contained in the notification and respond within two (2) days. If a potential prize winner does not claim the prize or return the Release Forms specified below within such period of time, or is unable to travel on the dates specified by Sponsor for the Final Event, such winner’s prize may be forfeited and awarded to an alternate winner (e.g., the Online Event player with the next highest score), at Sponsor’s discretion, provided sufficient time remains to verify an alternate winner; otherwise, prize will not be awarded.
      4. Prizes Involving Travel: The airline(s), ground transportation (if applicable), airports, and hotel(s) will be chosen by Sponsor at Sponsor’s sole discretion. Trip packages, dates and times of travel, and accommodations are subject to availability, and travel restrictions, conditions, and limitations may apply. Each winner and his or her Travel Guest if winner is eligible to receive travel for a Travel Guest in accordance with these Official Rules) must travel together on the same trip itinerary, must travel on the dates specified by Sponsor, which are subject to change, and are solely responsible for having any required travel-related documents (including valid government-issued photo identification and/or any required passport or visa) prior to departure and fulfilling all other travel and security requirements; or prize will be forfeited in its entirety and may be awarded to an alternate winner, at Sponsor’s discretion, provided sufficient time remains to verify an alternate winner; otherwise, prize will not be awarded. Once the Travel Guest is determined, he/she cannot be changed without the express approval of Sponsor (which may be withheld for any reason). Sponsor will pay only the nightly rate and taxes for the hotel (all other incidental hotel expenses are the responsibility of the winner). Each winner is responsible for all expenses, incidental travel costs, and all other costs not expressly provided in the prize description set forth above, including, but not limited to, ground transportation, meals, incidentals, passport costs, visa fees, and entry/exit fees, taxes, insurance, and other expenses. If winner is a Minor, winner’s Travel Guest must be the winner’s parent or legal guardian and accompany Minor at all times. Sponsor will not be responsible if the winner or Travel Guest misses any portion of the Trip for any reason. No insurance is provided as part of the Trip, and obtaining any insurance (such as travel insurance, health, accident or medical insurance, or property loss or damage insurance) is the sole responsibility of the winner and his or her Travel Guest. The winner is responsible for the conduct and behavior of his or her guests, unless the winner is a Minor, in which case the Travel Guest is the winner’s parent or legal guardian, and the Travel Guest is responsible for the conduct and behavior of the winner. Sponsor will not replace any lost or stolen tickets, travel vouchers, or certificates. No responsibility is assumed for any cancellation or rescheduling of the Final Event, in whole or in part. If the Final Event is postponed or cancelled for any reason, winner will not receive opportunity to participate in Final Event as part of prize, and the remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no substitute or additional compensation will be awarded.
    2. Final Event Prize: Each member of the first place Team of the Final Event will receive a collectible item (ARV $500 US each).
    3. Total ARV of all available prizes: $29,232 US.
    4. In General: This is a skill-based competition. Odds of winning depend on number and quality of eligible players participating in the Online Event. No alternative prize, cash, or other substitution shall be permitted, but Sponsor reserves the right to substitute any prize with a prize of equal or greater value, should the prize become unavailable for any reason. Arrangements for the fulfillment of the prize will be made by Sponsor. Prizes are non-transferable. The prizes will be awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All federal, state, and/or local taxes applicable to the prize shall be solely the responsibility of the winners. Prizes will be delivered as soon as practicable by Sponsor upon verification/confirmation of the winners. Prizes won by a Minor will be awarded to a parent or legal guardian on the Minor’s behalf; however, only Minor may compete in the Final Event.
  6. LICENSE GRANT

    Sponsor, Battlefy and their 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, Battlefy and their respective products and services. By participating in the Tournament, player (and if such player is a Minor, his or her parent or legal guardian) hereby consents to being filmed, recorded, photographed and having his or her gameplay broadcast or streamed during the Tournament, and grants Sponsor, Battlefy and those acting under their 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 without additional compensation, including player’s name, player name, Mii character, photograph, voice and/or likeness, and any of the film, photographs or recordings taken pursuant to this Section VII without further notice, review or approval, without territorial, time, media or medium or other limitations, for any and all purposes, including, but not limited to, marketing and advertising purposes, except where prohibited by law.

  7. RELEASE AND LIMITATIONS ON LIABILITY

    BY PARTICIPATING IN THE TOURNAMENT, PLAYER (AND, IF PLAYER IS A MINOR, HIS OR HER PARENT OR LEGAL GUARDIAN) AGREES THAT HE/SHE VOLUNTARILY ASSUMES AND ACCEPTS ANY AND ALL RISKS RELATED TO HIS/HER PARTICIPATION IN THE TOURNAMENTAND RELEASES THE RELEASED PARTIES (DEFINED BELOW) FROM AND HEREBY WAIVES, ANY AND ALL CLAIMS RELATED TO THE TOURNAMENT, INCLUDING BUT NOT LIMITED TO, ANY DANGERS, HARM, INJURIES AND/OR LOSSES THAT MAY OCCUR TO PLAYER AND/OR HIS/HER PROPERTY DURING SUCH PARTICIPATION WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY.

    PLAYER (AND IF PLAYER IS A MINOR, PLAYER'S PARENT OR LEGAL GUARDIAN) FURTHER AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPONSOR OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, AND ASSIGNS OR ANY OF THE RELATED PARTIES (THE “RELEASED PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY, ARISING IN WHOLE OR IN PART, OUT OF ANY OF THE FOLLOWING, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: PLAYER’S PARTICIPATION IN THE TOURNAMENTOR ANY RELATED ACTIVITY; PLAYER’S ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PRIZE; ACCESS TO OR USE OF ANY WEBSITE ASSOCIATED WITH THE TOURNAMENT; OR FOR ANY PRINTING, PRODUCTION, TYPOGRAPHICAL, HUMAN OR OTHER ERROR IN THE ADVERTISING, OFFERING OR ANNOUNCEMENT OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON ANY WEBSITE ASSOCIATED WITH THE TOURNAMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    Released Parties are 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 unauthorized 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, computer 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. Released Parties are not responsible for injury or damage to player’s or to any other person’s computer related to or resulting from participating in the Tournament or downloading materials from any related websites. Without limiting the release provided above, and for greater certainty, Released Parties 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 utilized in the Tournament, or by any technical or human error which may occur in the processing of entries; (b) the theft, destruction or unauthorized access to, or alteration of, entries; (c) any problems with or technical malfunctions of telephone networks or lines, computer online systems, servers or providers, computer 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.

    Without limiting the foregoing, to the maximum extent permitted by law, each player (and if player is a Minor, player's parent or legal guardian) waives all rights he or she may have under California Civil Code Section 1542, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the Release, which if known by him must have materially affected the settlement with the debtor.” By participating in the Tournament, player (and if player is a Minor, player's parent or legal guardian) waives any and all rights to bring any claim or action related to his/her participation in the Tournament in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

    SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

  8. GENERAL TERMS AND CONDITIONS

    The Tournament and these Official Rules shall be governed, construed and interpreted under the laws of the State of Washington, U.S.A. Players agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel any Online Event, or the Final Event, or any player’s participation therein for any reason, including, without limitation, if viruses, bugs, unauthorized human intervention or other causes beyond Sponsor’s control affect the administration, security or proper execution of the Online Events or Final Event or Sponsor otherwise becomes (as determined in the Sponsor’s sole discretion) incapable of running the Tournament as planned. THE DATES, TIMES, LOCATIONS, AND PRIZES ARE SUBJECT TO CHANGE, WITHOUT NOTICE, AT SPONSOR’S SOLE DISCRETION. Sponsor will not be responsible for problems with the gaming or other Tournament equipment. In the event of the ROM freezing or other equipment, hardware or software failure during one of the Tournament games/rounds, Sponsor may take whatever action it determines necessary or desirable (in the sole discretion of the Sponsor) to correct or remedy the failure or impact thereof, including but not limited to switching to a different system on-stage and/or restarting the game/rounds with the same or similar settings.

    Each player participating in the Tournament (and the parent and legal guardian of each, if a Minor) represents and warrants to Sponsor that the player’s participation in the Tournament will not reflect negatively on Sponsor, its brands, products or services. All players (and if player is a Minor, player's parent or legal guardian) agree to behave in an appropriate and respectful manner towards other participants, spectators, press and any members of event staff. Unsportsmanlike conduct (e.g. excessive trash talking, disruptive behavior) may result in an immediate disqualification from the Online Events or the Final Event, in the sole discretion of the Sponsor.

    Players who violate these Official Rules, tamper with the operation of a Tournament or engage in any conduct that is detrimental or unfair to Sponsor, the Tournament or any other player (in each case as determined in the Sponsor’s sole discretion) are subject to disqualification from the Tournament. Sponsor reserves the right to disqualify persons whose eligibility is in question, who do not comply with these Official Rules, who are otherwise ineligible to participate in the Tournament, or for any other reason determined in the Sponsor’s sole discretion. Persons who tamper with or abuse any aspect of the Tournament or related websites, as solely determined by the Sponsor, will be disqualified, and Sponsor reserves the right to terminate such player’s eligibility to participate in this or any other promotion offered by Sponsor. Entries generated by robotic, programmed, script, macro or other automated means or by any means which subvert the entry process will be disqualified. Should any portion of the Tournament be, in Sponsor‘s sole opinion, compromised by virus, worms, bugs, non-authorized 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. =

    All players, including winners, may be required to sign and return releases, tax forms or other documents requested by Sponsor (collectively, the "Release Forms"). If a potential winner is not present or otherwise cannot be contacted, is ineligible or disqualified, or fails to timely return the completed and executed agreements as required by Sponsor, the 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. Travel Guests must complete, execute and return a release and waiver, assumption and hold harmless agreements, and publicity release, together with other such documentation as Sponsor may request, prior to issuance of travel documents. If potential winner is a Minor and his or her Travel Guest does not complete, execute and return a release and waiver, assumption and hold harmless agreements, and publicity release, together with other such documentation as Sponsor may request, the winner’s status may be forfeited and an alternate winner may, at the Sponsor’s discretion, be designated.

    These Official Rules may be distributed by Sponsor in other languages. In the event of a conflict between the English version of these Official Rules and any version of these Official Rules distributed in another language, the English version of these Official Rules shall control.

    Nintendo is the sole sponsor of the Tournament. If you have any questions about these Official Rules, the Online Events or Final Event, please send them to: Nintendo of America Inc., 4600 150th Ave NE, Redmond, WA 98052. Attn: Super Smash Bros. Ultimate North America Open 2019.

  9. QUEBEC RESIDENTS

    Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie des alcools, des courses et des jeux for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement

  10. PRIVACY

    By participating in an Online Event, you acknowledge and agree that Sponsor and Battlefy may collect the personal information submitted by you and use the information pursuant to Sponsor’s privacy policy. Information collected from U.S. residents is subject to Sponsor’s privacy policy at https://www.nintendo.com/corp/privacy.jsp. Information collected from Canadian residents is subject to Sponsor’s privacy policy at https://www.nintendo.com/corp/privacy_ca.jsp. Information collected from Mexican residents is subject to Sponsor’s privacy policy at https://www.nintendo.com/es_LA/privacy-policy.

  11. WINNERS LIST AND OFFICIAL RULES

    A winners list will be available to view at www.events.nintendo.com at the conclusion of the Tournament. You may also request a copy of the winners list or these Official Rules by writing to Nintendo at the address provided above.

  12. COPYRIGHT AND TRADEMARK NOTICE
  13. © 2019 Nintendo of America Inc. All rights reserved.

EXHIBIT A
ONLINE EVENT STRUCTURE

Online Events Qualifier Rounds (February 2, 2019, February 16, 2019, and March 9, 2019)

  • Format: One-on-One (1 player vs. 1 player), single elimination
    • Seeding will be determined by Battlefy prior to the start of the Tournament. Battlefy to determine seeding based on player ranking and/or play history.
  • Rules:
    • Players will play one game to determine the winner of the match.
    • Players will report their score to Battlefy as described in these Official Rules.
    • In the event of a tie, the winner will be determined by in-game decision. If an in-game decision is not conclusive, play will continue in sudden death until a winner is determined. If sudden death is not an option, or there is a dispute, Battlefy will moderate and determine a winner by evaluating the score reporting. If the result is still unclear, Battlefy will moderate a rematch.
    • Style: Time
    • Time Limit: 7:00
    • FS Meter: Off
    • Spirits: Off
    • Damage Handicap: Off
    • Items: Low
      • Smash Ball: On
    • Stage Morph: Off
    • Stage Hazards: Off
    • Launch Rate: 1.0x
    • Underdog Boost: Off
    • Pausing: Off
  • Results:
    • After play, the winning players will move on to the next round until 4 players remain. The losing players will be eliminated from the Tournament. The bracket will be posted on Battlefy at this battlefy.com/supersmashbros2019. The remaining 4 players (each, a "Finalist") will be eligible for the Finals ("Finals").

Online Events Finals Round: (February 9, 2019, March 2, 2019 and March 16, 2019)

  • Structure: The Top 4 players from the Qualifier Rounds for each Online Event will be eligible to participate in the Finals Round for that Online Event, which will be a single elimination bracket posted on Battlefy at battlefy.com/supersmashbros2019. Seeding will be determined prior to the start of the Tournament.
  • Match Support: If a match has not started within 10 minutes after the round has opened, the player is expected to contact support at the following link. Support must also be contacted in case of delays during a match. If players are not available to play within ten (10) minutes of when a match is scheduled to start, that player will be subject to disqualification in Nintendo’s discretion. During the Finals, each player must be in the support chat located at https://discord.gg/JQfGSy9.
    If a player disconnects during a game, Nintendo will determine if the match should be restarted or if the player must forfeit that game. Battlefy will resolve any disputes which may include disconnections, incorrect rulesets, and incorrectly reporting match results.
  • Hosting: Nintendo will host battles using the Spectator View feature. Nintendo will provide the players in the Finals with the Friend Codes of the Spectator systems that will host the Finals.
  • Required Gameplay and Settings: The Finals will have the following settings:
  • Format: One-on-One (1 player vs. 1 player) Best-of-3, Single Elimination
  • Rules:
    • Players will play up to three (3) games to determine the winner of the match.
    • In the event of a tie, the winner will be determined by in-game decision. If an in-game decision is not conclusive, play will continue in sudden death until a winner is determined.
    • Style: Stock
    • Stocks: 3
    • Time Limit: 7:00
    • FS Meter: Off
    • Spirits: Off
    • Damage Handicap: Off
    • Items: Low
      • Smash Ball: On
    • Stage Morph: Off
    • Stage Hazards: Off
    • Launch Rate: 1.0x
    • Underdog Boost: Off
    • Pausing: Off
  • Results:
    • After play, the winning player will be determined the winner of that Online Event, and the losing players will be eliminated from the Tournament.
  • Tournament Master: Nintendo will designate a tournament master ("Tournament Master") before the Finals start. All instructions and decision by the Tournament Master are final and binding, and may not be appealed.

EXHIBIT B
FINAL EVENT STRUCTURE

These terms are preliminary and subject to change. Sponsor will announce the full and final details and structure at the Final Event.

  • Format: 3v3 Squad Strike (3 players vs 3 players)
  • General Rules:
    • 12 qualifying players will be put into teams of 3 in a double elimination team-based Tournament.
  • Total # of Players: 12 players total
  • Round Structure:
    • Round Robin for Seeding
    • 3 Player Teams-Double Elimination Bracket
  • Round Robin Rules:
    • Players will play one game to determine the winner of the match.
    • In the event of any ties, the winner will be determined by in-game decision. If an in-game decision is not conclusive, play will continue in sudden death until a winner is determined.
    • Style: 3 players vs. 3 players play 3v3 Squad Strike
    • Format: Elimination
    • Time Limit: 5:00
    • FS Meter: Off
    • Spirits: Off
    • Damage Handicap: Off
    • Stage Selection: Predetermined by Sponsor
    • Items: Low
      • Smash Ball: On
    • Stage Morph: Off
    • Stage Hazards: Off
    • Launch Rate: 1.0x
    • Underdog Boost: Off
    • Pausing: Off
  • Round Robin Results:
    • After play, the teams will be seeded according to Round Robin results.
  • 3 Player Teams-Double Elimination Bracket
    • Rules: Players will play best of 3 games to determine the winner of the match. Once a team has lost 2 matches, that team is eliminated from the Tournament. Play will continue through a winner’s bracket and a loser’s bracket until 2 teams reach the Grand Finals.
    • In the event of any ties, the winner will be determined by in-game decision. If an in-game decision is not conclusive, play will continue in sudden death until a winner is determined.
    • Style: 3 players vs. 3 players play 3v3 Squad Strike
    • Format: Elimination
    • Time Limit: 5:00
    • FS Meter: Off
    • Spirits: Off
    • Damage Handicap: Off
    • Stage Selection: Predetermined by Sponsor
    • Items: Low
      • Smash Ball: On
    • Stage Morph: Off
    • Stage Hazards: Off
    • Launch Rate: 1.0x
    • Underdog Boost: Off
    • Pausing: Off
  • Grand Finals:
    • Each player from the two remaining teams will play against a member from the opposing team in a 2-person 3v3 Squad Strike match.
    • If the team whose members win 3 total matches was the team that emerged from the winner’s bracket, that team will win the Tournament.
    • If the team whose members first win 3 total matches was the team that emerged from the loser’s bracket, a bracket reset will occur.
    • If a bracket reset occurs, the players from both teams will again play against a member from the opposing team in a 2-person 3v3 Squad Strike match.
    • The team whose members win 3 total matches after that bracket reset will win the Tournament.
    • Style: 1 player vs. 1 player play 3v3 Squad Strike
    • Format: Tag Team
    • Time Limit: 5:00
    • FS Meter: Off
    • Spirits: Off
    • Damage Handicap: Off
    • Stage Selection: Predetermined by Sponsor
    • Items: Low
      • Smash Ball: On
    • Stage Morph: Off
    • Stage Hazards: Off
    • Launch Rate: 1.0x
    • Underdog Boost: Off
    • Pausing: Off

Official Scoring: Tournament Referee and Master

  • Prior to the start of the Tournament, Sponsor shall designate a Tournament Master” and Tournament Referees.
  • The person designated as the Tournament Master is the only person who can declare an official scoring result.
  • The Tournament Master may call for extra time to make a decision at any time during the Tournament.
  • The Tournament Referees help the Tournament Master determine the official result of any game/round/phase.
  • Regardless of the announcer’s or host’s spoken statements on the microphone, if any, broadcasted either in-house or otherwise, the player’s official scores, winning and non-winning players, and tiebreaker results are only official when declared by the Tournament Master. Any disputes will be settled by this person. The Tournament Master may also consult with the NOA Directors and Producers to determine the official outcome.