Terms & Conditions

  1. These Terms and Conditions govern MberX $1K Giveaway Promotion (Promotion). Information on how to enter and the prize(s) form part of these Promotion Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
  2. The promoter for the Promotion is MberX Pty Ltd (ABN: 68 686 927 980) of Level 1, 33 – 41 Balmain Street, Richmond VIC 3121, telephone +61 417 166 583 (MberX).
  3. MberX is conducting the Promotion at the 2025 India vs Australia T20 and Derby Day Races, held on 31st October – 1st November 2025 at the MCG and Flemington Racecourse respectively.
  4. Entry to the Promotion is open to Australian residents aged 18 years or over, who satisfy the eligibility requirements set out in clause 7.
  5. Employees (and their immediate families) of the MberX and agencies associated with this Promotion are ineligible to enter. Immediate family means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or 1st cousin.
  6. Entries into the Promotion open on 31/10/2025 at 12:00am AEDT and close at 11:59pm AEDT on 1/11/25 ("Promotional Period").
  7. To be eligible to enter the Promotion and receive the Prize Money (defined below), entrants must register to receive MberX marketing and promotional updates on MberX products and services and offerings via the Mber X website or by following Mber X's Instagram account, during the Promotional Period. Only one entry may be submitted per entrant/registration.
  8. Entrants may be required to provide proof of identification and MberX reserves the right, at any time, to verify the validity of entries and entrants (including an entrant's identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who MberX has reason to believe has breached any of these Terms and Conditions, tampered with the entry process or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the Promotion. MberX's legal rights to recover damages or other compensation from such an offender are reserved. Errors and omissions may be accepted at MberX's discretion. Failure by MberX to enforce any of its rights at any stage does not constitute a waiver of those rights.
  9. If there is a dispute as to the identity of an entrant, MberX reserves the right, in its sole discretion, to determine the identity of the entrant.
  10. There will be a single Prize Money draw conducted for this Promotion. The draw will be conducted electronically and will take place at Level 1, 33 – 41 Balmain Street, Richmond VIC 3121 at 12:00pm AEDT on 2/11/2025, using a randomiser and in the presence of an independent scrutineer. Winners will be notified by MberX in writing by email within seven (7) days of the Prize Money draw and their names and state of residence will be published by MberX online at https://mberx.com on 29/10/2025.
  11. The first valid entry drawn will win a cash prize of $1,000 (Prize Money).
  12. In the event of any dispute concerning the conduct of the Promotion, including claims for Prize Money, MberX's decision is final and no correspondence will be entered into.
  13. Subject to the unclaimed prize draw clause (refer clause 15 below), if for any reason a winner does not take/redeem the Prize Money at/by the time stipulated by MberX, then the prize will be forfeited.
  14. Prizes are not transferable or exchangeable for other MberX goods or services, unless otherwise stated.
  15. If the Prize Money is unclaimed following drawing, a redraw will take place on 2/12/2025 at the same time and place as the original draw, subject to any directions from a regulatory authority. The Winner will be notified in writing within seven (7) days of the re-draw and their names will be published by MberX online at https://mberx.com on 09/12/2025.
  16. Entrants consent to MberX using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this Promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by MberX.
  17. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of MberX, including but not limited to technical difficulties, pandemic, unauthorised intervention or fraud, MberX reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the Promotion, as appropriate.
  18. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia ("Non-Excludable Guarantees"). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, MberX (including its officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion.
  19. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, MberX (including its officers, employees and agents) are not responsible for and exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any theft, unauthorised access or third party interference; (b) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by MberX) due to any reason beyond the reasonable control of MberX; (c) any tax liability incurred by a winner or entrant; or (d) use of the Prize Money.
  20. MberX collect personal information ("PI") in order to facilitate the conduct of the Promotion (including entrant name, email address, phone number, and state/territory of residence) for the conduct of the Promotion and for the other purposes set out in this clause 20. As a condition of entry into the Promotion, entrants consent to MberX's collection and use of PI for those purposes. In addition, entrants consent to the following use and disclosure (as applicable) of PI by MberX:
    1. to deliver other MberX products and services entrants may purchase, request or subscribe for;
    2. to MberX's contractors and service providers which it engages to support conduct the Promotion and delivery of other MberX products and services, or otherwise to regulatory authorised or where required by law or court order;
    3. for improving MberX goods and services and customer experience, including to better understand MberX customer requirements and preferences; and
    4. to send direct marketing communications to promote MberX and MberX partner products, goods and services, including via email communications and text messaging, in accordance with the consent given by entrants at this clause 20.

    Collection, use and disclosure by MberX of PI as outlined above is subject to the following:

    1. PI will be stored at all times on data servers located in Australia;
    2. Entrants can 'opt-out' of receiving marketing communications from MberX at any time by clicking the 'unsubscribe' link on any marketing communications received from MberX, or otherwise by contacting MberX via the contact details below;
    3. Entrants may request access to, correct, update or lodge a complaint in relation to any PI held by Mber X , by contacting Mber X at: [email protected];
    4. Requests for access, corrections or updates to PI or complaints in relation to dealings with PI will be dealt with promptly and confidentiality by MberX in accordance with these Terms and Conditions and the Privacy Act 1988 (Cth). All such requests or complaints will be dealt with confidentially. Where practicable to do so, entrants may engage with Mber X in relation to their PI anonymously or under a pseudonym; and
    5. If Mber X cannot resolve a complaint in relation to PI collected under these terms and conditions, or entrants consider a breach of applicable privacy laws (including the Australian Privacy Principles) has occurred, entrants may lodge a complaint with the Federal Privacy Commissioner. Information regarding how to lodge a complaint is available from the Commissioner's website at www.oaic.gov.au or by ringing the Commissioner's information line on 1300 363 992.