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The '''Nintendo Community Tournament Guidelines''' are a series of regulations raised by [[Nintendo]], placing restrictions on the operation of unlicensed, not-for-profit, small-scale [[tournament]]s, run by individuals, involving Nintendo games and media, including competitive ''Super Smash Bros.'' tournaments. The guidelines were first published on the Nintendo of Japan website in Japanese on October 24, 2023, and were released on the company's European and American websites the same day, as well as the Australian one on October 25, 2023; they | The '''Nintendo Community Tournament Guidelines''' are a series of regulations raised by [[Nintendo]], placing restrictions on the operation of unlicensed, not-for-profit, small-scale [[tournament]]s, run by individuals, involving Nintendo games and media, including competitive ''Super Smash Bros.'' tournaments. The guidelines were first published on the Nintendo of Japan website in Japanese on October 24, 2023, and were released on the company's European and American websites the same day, as well as the Australian one on October 25, 2023; they will go into effect on November 15, 2023. The announcements were quickly spread on social media shortly following their publications, and received widespread backlash throughout the competitive ''Smash'' community.<ref>{{cite web|url=https://web.archive.org/web/20231025054555/https://www.ign.com/articles/nintendo-shocks-competitive-fans-with-strict-new-community-tournament-guidelines|title="Nintendo Shocks Competitive Fans With Strict New Community Tournament Guidelines"|publisher=IGN}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025054905/https://kotaku.com/smash-bros-ultimate-switch-nintendo-tournaments-1850955614|title=New Nintendo Rules Cause Massive Smash Bros. Fan Freakout|publisher=Kotaku}}</ref> | ||
==Background== | ==Background== | ||
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The grassroots nature of the scene has led to skepticism about Nintendo's potential involvement with it. This relationship grew confrontational when Nintendo issued a shutdown of {{Trn|EVO 2013}}'s ''Melee'' tournament livestream, which was itself a compromise made with EVO's organizers when Nintendo attempted to cancel the tournament entirely. Other incidents include the numerous legal issues that led to the shutdown of ''[[Project M]]'' in 2015, cease and desist notifications that resulted in the [[cancellation of The Big House Online]] in 2020, and their direct involvement in the [[cancellation of Smash World Tour 2022]]. In November 2020, an anonymous "informed ''Smash'' insider" published a [https://www.twitlonger.com/show/n_1srfu4r Twitlonger] explaining Nintendo's history of inhibiting the ''Smash'' community, further galvanizing those that did not desire Nintendo's involvement. | The grassroots nature of the scene has led to skepticism about Nintendo's potential involvement with it. This relationship grew confrontational when Nintendo issued a shutdown of {{Trn|EVO 2013}}'s ''Melee'' tournament livestream, which was itself a compromise made with EVO's organizers when Nintendo attempted to cancel the tournament entirely. Other incidents include the numerous legal issues that led to the shutdown of ''[[Project M]]'' in 2015, cease and desist notifications that resulted in the [[cancellation of The Big House Online]] in 2020, and their direct involvement in the [[cancellation of Smash World Tour 2022]]. In November 2020, an anonymous "informed ''Smash'' insider" published a [https://www.twitlonger.com/show/n_1srfu4r Twitlonger] explaining Nintendo's history of inhibiting the ''Smash'' community, further galvanizing those that did not desire Nintendo's involvement. | ||
Despite these issues, some welcomed Nintendo's involvement due to the belief that the community cannot regulate themselves without direct oversight. The decentralized nature of administration has allowed bad actors into the scene undetected, which has led to behavior and actions like substance abuse | Despite these issues, some welcomed Nintendo's involvement due to the belief that the community cannot regulate themselves without direct oversight. The decentralized nature of administration has allowed to bad actors into the scene undetected, which has led to behavior and actions like substance abuse<ref>{{cite web|url=https://twitter.com/Smashbro_Z/status/1062501637724418048|title=Z on X|date=November 14, 2018|publisher=Twitter}}</ref>, and murder investigations<ref>{{cite web|url=https://www.dexerto.com/smash/smash-player-banned-from-tournaments-for-allegedly-murdering-his-mother-1861165/|title=Smash Bros player banned from tournaments after being arrested over mother’s murder|date=July 1, 2022|publisher=Dexerto|author=Dylan Horetski}}</ref>, as well as a wave of [[sexual misconduct allegations]] during 2020, and the aforementioned attempts and regulatory bodies have never worked out. Furthermore, some in the community felt that Nintendo's involvement would become an inevitability if the tournament scene continued to grow bigger, as companies for other competitive video games have published guidelines for their tournament scenes since 2019 in response to their significant growth,<ref>{{cite web|url=https://archive.capcomprotour.com/community-license/|title=Capcom Pro Tour Community Licence Guidelines|publisher=Capcom}}</ref><ref>{{cite web|url=https://www.ea.com/games/fifa/compete/fgs-21/community-tournament-guidelines|title=FIFA 2021 Tournament Guidelines|publisher=Electronic Arts}}</ref> especially with Nintendo releasing the competitively oriented {{Uv|Splatoon}} games. | ||
All of these incidents have resulted in Nintendo's potential involvement with competitive ''Smash'' becoming a divisive issue in the community. While many believe direct involvement would help in making tournaments sustainable and is to some extent required to avoid being associated with controversy and bad actors, especially when players have proven unable to self-regulate, others believe it will only create more problems than it would solve, and prefer the decentralized scene that the lack of Nintendo support has facilitated. | All of these incidents have resulted in Nintendo's potential involvement with competitive ''Smash'' becoming a divisive issue in the community. While many believe direct involvement would help in making tournaments sustainable and is to some extent required to avoid being associated with controversy and bad actors, especially when players have proven unable to self-regulate, others believe it will only create more problems than it would solve, and prefer the decentralized scene that the lack of Nintendo support has facilitated. | ||
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New regulations applying to unlicensed tournaments include the following: | New regulations applying to unlicensed tournaments include the following: | ||
*Tournaments must be capped at 200 entrants for in-person events, and 300 entrants for online events. | *Tournaments must be capped at 200 entrants for in-person events, and 300 entrants for online events. | ||
*Entry fees must be capped at US$20/£18/€20 | *Entry fees must be capped at US$20/£18/€20/AU$30/NZ$33/¥2000 per person. | ||
*Prize pools are capped at US$5,000/£4,500/€5 | *Prize pools are capped at US$5,000/£4,500/€5,000/AU$7,500/NZ$8,250/¥500,000 for a single event, or US$10,000/£9,000/€10,000/AU$15,000/NZ$16,500/¥1,000,000 for a single [[tournament organizer]] across an entire year. | ||
*Spectator fees must be capped at US$15/£14/€15 | *Spectator fees must be capped at US$15/£14/€15/AU$22.50/NZ$24.75/¥1,500 per person. | ||
*Tournament organizers may not receive goods, services, money, etc., from third parties as sponsors. | *Tournament organizers may not receive goods, services, money, etc., from third parties as sponsors. | ||
*The names of Community Tournaments may not contain Nintendo trademarks or IP. | *The names of Community Tournaments may not contain Nintendo trademarks or IP. | ||
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*Tournament organizers must obtain separate rights for the usage of any intellectual property rights from third parties. | *Tournament organizers must obtain separate rights for the usage of any intellectual property rights from third parties. | ||
*Tournaments may not involve the sale of food, beverages, and other merchandise. | *Tournaments may not involve the sale of food, beverages, and other merchandise. | ||
*The usage of game consoles and accessories not produced | *The usage of game consoles and accessories not produced by Nintendo is prohibited. | ||
*Any content or practice deemed "inappropriate" by Nintendo not already mentioned is punishable in type and severity at their discretion. | *Any content or practice deemed "inappropriate" by Nintendo not already mentioned is punishable in type and severity at their discretion. | ||
It is possible to apply for a license either for a nonprofit community tournament or for a for-profit tournament. Licenses for nonprofit tournaments allow for easing up some restrictions, namely on the number of participants and on entrance fees. The specifics for for-profit licenses are currently still unknown. | |||
==Reactions== | ==Reactions== | ||
The guidelines | The guidelines immediately proved to be controversial upon their release. Many in the community viewed them as another reflection of Nintendo's anti-competitive stance, in a similar manner to its attempted cancellation of Smash World Tour 2022 a year prior, and would lead to the curtailing of local and regional tournament scenes. The ''Melee'' scene in particular feared that the guidelines would have a significant blowback on running events, as the Japanese website only allowed organizers to apply for licenses to host [[Nintendo Switch]] games<ref>{{cite web|url=https://web.archive.org/web/20231026171716/https://twitter.com/DarkGenex/status/1716834246336389485|title=DarkGenex on X|publisher=Twitter}}</ref>. Furthermore, the ban on hardware and software mods led to fears that online tournaments using [[Project Slippi]] (such as [[Coinbox]]), as well as the usage of [[box controller]]s and [[Universal Controller Fix]], would be banned.<ref>{{cite web|url=https://web.archive.org/web/20231025173934/https://www.reddit.com/r/SSBM/comments/17flrb6/nintendo_of_america_has_also_posted_tournament/?rdt=41334|title=Nintendo of America has also posted tournament guidelines in line with other regions|publisher=Reddit}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025174708/https://www.reddit.com/r/smashbros/comments/17flsmd/nintendo_of_america_has_also_released_tournament/?rdt=39871|title=Nintendo of America has also released "Tournament Guidelines" in line with other regions|publisher=Reddit}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025174825/https://www.reddit.com/r/smashbros/comments/17f7juj/nintendo_of_japan_releases_general_competitive/?rdt=52400|title=Nintendo of Japan Releases General Competitive Guidelines|publisher=Reddit}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025175003/https://www.reddit.com/r/smashbros/comments/17fejbi/nintendo_of_europe_releases_community_tournament/?rdt=40582|title=Nintendo of Europe Releases Community Tournament Guidelines|publisher=Reddit}}</ref> | ||
Other concerns include tournaments having a hard limit on the amount of revenue they can earn and sponsors effectively being forbidden will lead to some no longer being able to financially break even, a prohibition on food and drink vendors potentially being illegal under certain circumstances, and the ban on inappropriate content being a catch-all that means Nintendo can go after anyone for any reason regardless of how well the other rules are being followed.<ref>{{cite web|url | Other concerns include tournaments having a hard limit on the amount of revenue they can earn and sponsors effectively being forbidden will lead to some no longer being able to financially break even, a prohibition on food and drink vendors potentially being illegal under certain circumstances, and the ban on inappropriate content being a catch-all that means Nintendo can go after anyone for any reason regardless of how well the other rules are being followed.<ref>{{cite web|url=https://web.archive.org/web/20231026172100/https://twitter.com/LegalizeWuhu/status/1716859957235089567|title=wuhu on X|publisher=Twitter}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231026172553/https://twitter.com/TheWadsm/status/1716891910105948623|title=wadsm on X|publisher=Twitter}}</ref> | ||
Many community members (including {{sm|Hungrybox}}) did a live read-through of the guidelines on stream.<ref>{{cite web|url=https://www.youtube.com/watch?v=Vei4rEn6P_4|title=Nintendo's new guidelines WILL destroy tournaments|author=Hungrybox|publisher=YouTube|date=October 25, 2023}}</ref> Montana State Representative {{iw|wikipedia|Zooey Zephyr}} (and competitive ''Smash'' player under the tag {{sm|Cazcom}}) posted a tweet criticizing the new regulations, saying, "Imagine Bicycle Playing Cards insisting your home poker games be played a certain way or they'll sue you."<ref>{{cite web|url | Many community members (including {{sm|Hungrybox}}) did a live read-through of the guidelines on stream.<ref>{{cite web|url=https://www.youtube.com/watch?v=Vei4rEn6P_4|title=Nintendo's new guidelines WILL destroy tournaments|author=Hungrybox|publisher=YouTube|date=October 25, 2023}}</ref> Montana State Representative {{iw|wikipedia|Zooey Zephyr}} (and competitive ''Smash'' player under the tag {{sm|Cazcom}}) posted a tweet criticizing the new regulations, saying, "Imagine Bicycle Playing Cards insisting your home poker games be played a certain way or they'll sue you."<ref>{{cite web|url=https://web.archive.org/web/20231025175508/https://twitter.com/zoandbehold/status/1716970531843444853|title=Rep. Zooey Zephyr on X|publisher=Twitter}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025175650/https://www.reddit.com/r/smashbros/comments/17fsb9r/representative_zooey_zephyr_is_on_our_side/?rdt=38517|title=Representative Zooey Zephyr is on our side|publisher=Reddit}}</ref> | ||
The same reaction occurred outside of the ''Super Smash Bros.'' competitive community,<ref>{{cite web|url=https://www.youtube.com/watch?v=eNjxtvLu-EQ|title=Nintendo Hates Competitive Super Smash bros.|author=Mightykeef|date=October 25, 2023|publisher=YouTube|accessdate=October 29, 2023}}</ref> as the guidelines applied to any intellectual property owned by Nintendo; whether released on Nintendo Switch such as ''{{iw|inkipedia|Splatoon 2}}'' and ''{{iw|inkipedia|Splatoon 3}}'', ''{{iw|bulbapedia|Pokken Tournament DX}}'', and ''{{iw|mariowiki|Mario Kart 8 Deluxe}}'', or on unsupported Nintendo hardware.<ref>{{cite web|url=https://www.youtube.com/watch?v=UChZ6djX7tM|title=Nintendo Is Killing Tournaments|publisher=YouTube|author=Steve Bowling|date=October 24, 2023|accessdate=October 28, 2023}}</ref> [[YouTube]] commentator {{sm|Omni}} said this case "looks like the end" for any non-profit tournaments, soon after he uploaded a video reading the guidelines.<ref>{{cite web|url | The same reaction occurred outside of the ''Super Smash Bros.'' competitive community,<ref>{{cite web|url=https://www.youtube.com/watch?v=eNjxtvLu-EQ|title=Nintendo Hates Competitive Super Smash bros.|author=Mightykeef|date=October 25, 2023|publisher=YouTube|accessdate=October 29, 2023}}</ref> as the guidelines applied to any intellectual property owned by Nintendo; whether released on Nintendo Switch such as ''{{iw|inkipedia|Splatoon 2}}'' and ''{{iw|inkipedia|Splatoon 3}}'', ''{{iw|bulbapedia|Pokken Tournament DX}}'', and ''{{iw|mariowiki|Mario Kart 8 Deluxe}}'', or on unsupported Nintendo hardware.<ref>{{cite web|url=https://www.youtube.com/watch?v=UChZ6djX7tM|title=Nintendo Is Killing Tournaments|publisher=YouTube|author=Steve Bowling|date=October 24, 2023|accessdate=October 28, 2023}}</ref> [[YouTube]] commentator {{sm|Omni}} said this case "looks like the end" for any non-profit tournaments, soon after he uploaded a video reading the guidelines.<ref>{{cite web|url=https://web.archive.org/web/20231025175508/https://twitter.com/InfernoOmni/status/1717214585059488036|title=Omni on X|publisher=Twitter}}</ref><ref>{{cite web|url=https://www.youtube.com/watch?v=DVgx2A6tasc&t=994s|title=Cheesecake Factory Drama|author=Omni|publisher=Youtube|date=October 25, 2023|accessdate=October 28, 2023}}</ref> | ||
Others reacted more positively to the guidelines, believing they were a necessary and inevitable measure given the community's issues with safety and security that led to events such as the cancellation of Smash World Tour 2022 and the 2020 Super Smash Bros. sexual misconduct allegations.<ref>{{cite web|url=https://web.archive.org/web/20231025175508/https://twitter.com/Miss_JoyCon/status/1717166241230577751|title=NVR <nowiki>|</nowiki> Deathspade @ BLM on X|publisher=Twitter}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025175508/https://twitter.com/JonComms/status/1716852740096241914|title=Jon Cartwrighton on X|publisher=Twitter}}</ref> YouTuber {{sm|Technicals}} notably reacted with pride, claiming it was "his perfect victory",<ref>{{cite web|url=https://web.archive.org/web/20231025175508/https://twitter.com/Technicals_/status/1716910625996308689|title=Technicals on X|publisher=Twitter}}</ref><ref>{{cite web|url=https://web.archive.org/web/20231025175508/https://twitter.com/Technicals_/status/1717269947154391041|title=Technicals on X|publisher=Twitter}}</ref> which caused strong reactions from the community. In addition, many tournament organizers within the Japanese ''Smash'' community reacted with less skepticism. Within hours of the announcement, many prominent Japanese TOs came up with several solutions on how to deal with the guidelines.<ref>{{cite web|url=https://twitter.com/SchoolFromSean/status/1716835523468410904|title=Sean from School's Tweet on Japanese TOs|publisher=Twitter}}</ref> | |||
Alex Jebailey, the founder of [[CEO|CEO Gaming]], responded positively to the guidelines,<ref>{{cite web|url=https://twitter.com/Jebailey/status/1716951653310427451|title=Alex Jebailey on X|publisher=Twitter | Alex Jebailey, the founder of [[CEO|CEO Gaming]], responded positively to the guidelines,<ref>{{cite web|url=https://twitter.com/Jebailey/status/1716951653310427451|title=Alex Jebailey on X|publisher=Twitter}}</ref> noting that it finally gives [[tournament organiser]]s direct paths to obtaining licensing. That in mind, he inferred that large-scale established events should have no issues going forward. This reaction accompanied a video on the topic.<ref>{{cite web|url=https://www.youtube.com/watch?v=OtIJ5gc88kI|title=New Nintendo Community Guidelines and how they affect the Smash Scene. My thoughts!|author=Alex Jebailey|date=October 25, 2023|publisher=YouTube}}</ref> | ||
Moon Channel, a lawyer-run YouTube channel, released a video<ref>{{cite web|url=https://www.youtube.com/watch?v=Exm8xCSQ9AY|title=A Lawyer Analyzes Nintendo’s Tournament Guidelines|author=VG Law Review|publisher=YouTube|date=October 27, 2023}}</ref> giving some legal analysis regarding the guidelines. Moon Channel speculates that rather than necessarily "cracking down" on events, the guidelines are more of an olive branch adopting to how U.S. copyright laws largely extend worldwide through trade agreements, resulting in legal grey areas and thus less certainty and more regulation by the company. To illustrate this point, Moon Channel cites Nintendo's hands-off approach with its fanbase in Japan. With Nintendo's uniformity in guidelines, Moon Channel posits that this was less of a crackdown à la fan games, but more of an IP protection measure. Moon Channel goes on to mention that while third-party controllers are listed as banned in the guidelines, this is actually a commonality in guidelines for most other game companies, and in Nintendo's own End User License Agreements, and is enforced as a general policy to protect their intellectual property rights. Furthermore, Moon Channel argues that these guidelines are for community tournaments rather than supermajor events, as stated in the guideline's introduction, and that by following these rules, it could aid in reconciliation between Nintendo and the ''Smash'' community at large. Thus, Moon Channel infers that they could result in a more stable community, criticizing big content creators for wanting to run unlicensed tournaments in protest, noting that while the full license agreement has not been published, said licenses being provided are discretionary. | Moon Channel, a lawyer-run YouTube channel, released a video<ref>{{cite web|url=https://www.youtube.com/watch?v=Exm8xCSQ9AY|title=A Lawyer Analyzes Nintendo’s Tournament Guidelines|author=VG Law Review|publisher=YouTube|date=October 27, 2023}}</ref> giving some legal analysis regarding the guidelines. Moon Channel speculates that rather than necessarily "cracking down" on events, the guidelines.are more of an olive branch adopting to how U.S. copyright laws largely extend worldwide through trade agreements, resulting in legal grey areas and thus less certainty and more regulation by the company. To illustrate this point, Moon Channel cites Nintendo's hands-off approach with its fanbase in Japan. With Nintendo's uniformity in guidelines, Moon Channel posits that this was less of a crackdown à la fan games, but more of an IP protection measure. Moon Channel goes on to mention that while third-party controllers are listed as banned in the guidelines, this is actually a commonality in guidelines for most other game companies, and in Nintendo's own End User License Agreements, and is enforced as a general policy to protect their intellectual property rights. Furthermore, Moon Channel argues that these guidelines are for community tournaments rather than supermajor events, as stated in the guideline's introduction, and that by following these rules, it could aid in reconciliation between Nintendo and the ''Smash'' community at large. Thus, Moon Channel infers that they could result in a more stable community, criticizing big content creators for wanting to run unlicensed tournaments in protest, noting that while the full license agreement has not been published, said licenses being provided are discretionary. | ||
==Aftermath== | ==Aftermath== | ||
Shortly after the announcement, organizers behind {{ | Shortly after the announcement, organizers behind {{Sm|GENESIS X}} and {{Sm|Battle of BC 6}} announced they would continue as scheduled.<ref>{{cite web|url=https://web.archive.org/web/20231025192123/https://twitter.com/genesis_smash/status/1716875076262592532|title=GENESIS on X|publisher=Twitter}}</ref><ref>{{cite web|url=https://twitter.com/battleofbc/status/1717662395512873367|title=Battle of BC 6's announcement|publisher=Twitter}}</ref> In additional, organizers behind the {{Trn|Umebura|series}} and {{Trn|Sumabato|series}} series announced that they had secured licenses for their events, with Sumabato head {{Sm|Nojinko}} notably announcing that he had secured licenses for the next ten Sumabato events within a day of the guidelines releasing.<ref>{{cite web|url=https://twitter.com/UMBRHP/status/1717778634327699961|title=Umebura announces their license|publisher=Twitter}}</ref><ref>{{cite web|url=https://twitter.com/nojinko_ike/status/1717198138266763528|title=Nojinko's announcement|publisher=Twitter}}</ref> These announcements led many to have cautious optimism towards the new guidelines. | ||
Currently, it is unknown if these guidelines will be applied to Hong Kong, Taiwan, South Korea, mainland China or other Asian countries outside of Japan. It is also unknown whether these guidelines apply to countries in the Americas other than the United States, Canada and Mexico, to African countries besides South Africa, or to countries in the Middle East and North Africa region. | Currently, it is unknown if these guidelines will be applied to Hong Kong, Taiwan, South Korea, mainland China or other Asian countries outside of Japan. It is also unknown whether these guidelines apply to countries in the Americas other than the United States, Canada and Mexico, to African countries besides South Africa, or to countries in the Middle East and North Africa region. | ||
==References== | ==References== | ||
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==External links== | ==External links== | ||
*[https://www.nintendo.co.jp/tournament_guideline/index.html ゲーム大会における 任天堂の著作物の利用に関するガイドライン] - Nintendo Co., Ltd. ([https://web.archive.org/web/20231025052902/https://www.nintendo.co.jp/tournament_guideline/index.html Archive]) | *[https://www.nintendo.co.jp/tournament_guideline/index.html ゲーム大会における 任天堂の著作物の利用に関するガイドライン] - Nintendo Co., Ltd. ([https://web.archive.org/web/20231025052902/https://www.nintendo.co.jp/tournament_guideline/index.html Archive]) | ||
*[https://archive.ph/MHlMU Community Tournament Guidelines] - Nintendo of Europe GmbH ([https://web.archive.org/web/20231025052902/https://www.nintendo.co.jp/tournament_guideline/index.html Archive]) | |||
*[https://en-americas-support.nintendo.com/app/answers/detail/a_id/63433/~/community-tournament-guidelines Nintendo Support: Community Tournament Guidelines] - Nintendo of America, Inc. ([https://web.archive.org/web/20231025052550/https://en-americas-support.nintendo.com/app/answers/detail/a_id/63433/~/community-tournament-guidelines Archive]) | *[https://en-americas-support.nintendo.com/app/answers/detail/a_id/63433/~/community-tournament-guidelines Nintendo Support: Community Tournament Guidelines] - Nintendo of America, Inc. ([https://web.archive.org/web/20231025052550/https://en-americas-support.nintendo.com/app/answers/detail/a_id/63433/~/community-tournament-guidelines Archive]) | ||
*[https://www.nintendo.com.au/legal/community-tournament-guidelines Community Tournament Guidelines] - Nintendo Australia Pty. Ltd. ([https://web.archive.org/web/20231030221018/https://www.nintendo.com.au/legal/community-tournament-guidelines Archive]) | |||
{{Significant events}} | {{Significant events}} |