NINTENDO S SUPER SMASH BROS. ULTIMATE THE NINTENDO KIOSK OFFICIAL RULES

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1 NINTENDO S SUPER SMASH BROS. ULTIMATE THE NINTENDO KIOSK OFFICIAL RULES 1. OVERVIEW: Event: Super Smash Bros. Ultimate the Nintendo Kiosk (the Tournament ) Location: Nintendo Kiosk at the West Edmonton Mall located at th St. NW. Edmonton, AB, T5T 4J2 (the Nintendo Kiosk ) Date: December 15 th, 2018 Time: The Tournament will take place at approximately the following time: 12:00PM- 4:00PM The Tournament s dates, times, locations, and prizes are subject to change at Nintendo s sole discretion. If the start times change, Sponsor will attempt to notify the players before the first match. Game: Super Smash Bros. Ultimate Sponsor: Nintendo of Canada Ltd., 2925 Virtual Way #150, Vancouver, BC V5M 4X5 Canada ( Sponsor ). Participation A total of up to 64 participants will compete in the Tournament. Participation will be on a first-come, first-served basis. Registration for the Tournament will take place at the Nintendo Kiosk beginning at approximately 12:00pm on December 15, Additional details regarding participation are set forth in Section 2 below. Brackets: The Tournament will consist of one (1) single-elimination bracket. The two (2) top scoring players from each match will move on to the next round. Prizing First Place Prize: The winner of the Tournament will receive one (1) Super Smash Bros. Ultimate Special Edition Bundle and one (1) Super Smash Bros. Ultimate Medal. (ARV: $ CAD) Second Place Prize: each of the three (3) finalists who are not the First Place winner of the Tournament will each receive one (1) Super Smash Bros. Ultimate GameCube Controller. (ARV: $39.99 CAD each). Total of all prizes: ARV $ Additional details regarding prizing are set forth in Section 4 below. 2. ELIGIBILITY; PARTICIPATION. NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE ODDS OF WINNING. THE TOURNAMENT IS OPEN ONLY TO LEGAL RESIDENTS OF CANADA, EXCLUDING QUEBEC, WHO ARE AGE 10 OR OLDER. SPONSOR RESERVES THE RIGHT NOT TO ALLOW PARTICIPATION OR AWARD PRIZES TO PARTICIPANTS RESIDING IN OTHER JURISDICTIONS. PARTICIPANTS MUST BE PRESENT TO WIN A PRIZE. No person may participate on another s behalf. All participants must comply with these Official Rules, and any other Tournament rules and restrictions supplied by Sponsor upon registration. Participant s failure to comply with such rules may lead to his/her disqualification from the Tournament. Participation

2 constitutes participant s full and unconditional agreement to and acceptance of these Official Rules. Any participant under the age of 18 or the legal age of majority in the participant s province of residence (a Minor ) must be accompanied by a parent or legal guardian when visiting the Nintendo Kiosk to register and compete in the Tournament. By permitting a Minor to participate in the Tournament, such Minor s 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 on behalf of both the parent or legal guardian and the Minor. A player s failure to comply with such terms, conditions, and rules may lead to his/her disqualification from the Tournament at Sponsor s discretion. Participation in the Tournament constitutes player s full and unconditional agreement to and acceptance of these Official Rules and decisions of Sponsor.. Employees, officers, directors, and agents of Nintendo their respective parent companies, affiliates, subsidiaries, advertising, Tournament, and fulfillment agencies (together Related Parties ), or their immediate family members and persons living in their same household are not eligible to participate in the Tournament. Void where prohibited by law. All federal, state, and local laws and regulations apply. 3. GENERAL RULES. By participating in the Tournament, each player agrees to be bound by these Official Rules and the decisions of Nintendo. The decisions of Nintendo are final and binding, and may not be appealed. There is a total 64 players in the Tournament. Participation in the Tournament will be by pre-event registration only, as set forth above. Players will play two 4-player Solo (Free-For-All) matches, each 2 minutes 30 seconds in length. The winners of the match will be the top two players with the highest score. In the event of a tie, the players will participate in a 2-player Solo (Free-For-All) match to determine the winner. The player with the highest score will be determined the winner. The player with the highest score of the Grand Finals match (the last player remaining) will be deemed the winner. All players will use Nintendo Switch systems, games and accessories provided by Sponsor. 64 Player Match Settings: Format: Single elimination, top two performing players move on to the next round. Total # of Players: 64 players, 4 player Free-for-all (1 player vs. 1 player vs. 1 player vs. 1 player) Smash Mode, 2-minute 30 seconds time limit Final Smash Meter: ON Items: OFF Stages Random Battlefield Stages Only The following stages are prohibited: Onett Fourside

3 New Pork City Green Hill Zone Magicant Windy Hill Zone Midgar Dracula s Castle 4. Prizes: Odds of winning a prize depend on the number and skill of qualified entrants. All prizes will be awarded. 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 any prize become unavailable for any reason. Arrangements for the fulfillment of all prizes will be made by Sponsor. Prizes are non-transferable. All prizes are 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 prizes shall be solely the responsibility of each winner. Prizes will be delivered as soon as practicable by Nintendo 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. 5. Requirements of Tournament Participants and Winners: All participants, including all prize winners, may be required to sign and return the applicable written parental releases, affidavit of eligibility, acceptance of these Official Rules, release of liability and tax forms (collectively, the "Release Forms"), together with other such documentation as Sponsor may request. If a 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. 6. General Terms and Conditions: Sponsor and its agents may film, 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 Nintendo and its products and services. By participating in the Tournament, you (and if you are a Minor, your parent or legal guardian) hereby consent to being filmed, recorded or photographed during the Tournament, and grant Sponsor and those acting under its authority (and agree to confirm that grant in writing) the royalty-free, perpetual, irrevocable right and license to publish, reproduce, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and display any or all of the details of your participation, including your name, player name, Mii character, photograph, voice and/or likeness, and any of the film, photographs or recordings taken pursuant to this Section 6 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. Each player participating in the Tournament (and the parent and legal guardian of each, if a Minor) represents and warrants to Nintendo that the player s participation in the Tournament will not reflect negatively on Sponsor, its brands, products or services. All players agree to behave in an appropriate, sportsmanlike, and respectful manner towards other participants and viewers. Unsportsmanlike conduct (e.g., excessive trash talking, inappropriate

4 language, disruptive behavior) may result in an immediate disqualification from the Tournament, in the discretion of the Sponsor. BY PARTICIPATING IN THE TOURNAMENT, PARTICIPANT (AND, IF PARTICIPANT 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 TOURNAMENT AND RELEASES THE RELEASED PARTIES (DEFINED BELOW) FROM AND HEREBY WAIVES, ANY AND ALL CLAIMS RELATED TO THE PROMOTION, INCLUDING BUT NOT LIMITED TO, ANY DANGERS, HARM, INJURIES AND/OR LOSSES THAT MAY OCCUR TO PARTICIPANT AND/OR HIS/HER PROPERTY DURING SUCH PARTICIPATION WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. Sponsor will not be responsible for late, lost, illegible, incomplete, damaged entries or problems with the gaming or other Tournament equipment and accept no responsibility for any injury, loss or damage of any kind resulting from an entrant s participation in this Tournament. Participant (and if participant is a Minor, participant's parent or legal guardian) further agrees that under no circumstances, including, but not limited to, negligence, shall Sponsor or its affiliates, or any of their 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 participant s participation in the Tournament or any Tournament-related activity, or participant s acceptance, possession, misuse or use of any prize, or for any printing, production, typographical, human or other error in the printing, offering or announcement of any prize, even if any or all of the Released Parties have been advised of the possibility of such damages. By participating in the Tournament, participant (and if participant is a Minor, participant'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. 7. Entrant s Personal Information: Information collected from each entrant is subject to Sponsor s privacy policy, which may be found at 8. Winners List and Official Rules: A winners list may be posted online at Sponsor s sole discretion. These Official Rules will be available at the Nintendo Kiosk during the Tournament. You may also request a copy of the winners list or Official Rules by writing to Sponsor at the address below. 10. Governing Law. The Tournament and these Official Rules shall be governed, construed and interpreted under the laws of the province of British Columbia. Participants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Nintendo reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Tournament or any participant s participation therein

5 should viruses, bugs, unauthorized 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 its sole discretion) incapable of running the Tournament as planned. Participants who violate these Official Rules, tamper with the operation of the Tournament or engage in any conduct that is detrimental or unfair to Sponsor, the Tournament or any other participant (in each case as determined in Sponsor s sole discretion) are subject to disqualification from the Tournament. Nintendo reserves the right to disqualify persons whose eligibility is in question, who do not comply with these Official Rules, or who are otherwise ineligible to participate in the Tournament. If you have any questions about these Official Rules or the Tournament, please send them to: Nintendo of Canada Ltd., 2925 Virtual Way #150, Vancouver, BC V5M 4X5 Canada, Attn: Super Smash Bros. Ultimate The Nintendo Kiosk 11. Copyright Notice. The Tournament and all accompanying materials are copyright 2018 Nintendo. All rights reserved.

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