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Terms & Conditions

  1. 1. These Terms and Conditions govern two separate MberX promotional activities:
    (a) The 3 Wise Monkeys Beer Risk and Reward Game (referred to as the “Promotion”).
  2. Information on how to enter and prize(s) form part of these Promotion Terms and Conditions. Participation in this Promotion is deemed acceptance of these Terms and Conditions.
  3. 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).
  4. Entry to the Promotion is open to Australian residents aged 18 years or over.
  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. To be eligible to enter the Promotion and receive Prizes (defined below), entrants must register for the Promotion using a MberX Promotion QR Code, and register to receive MberX marketing and promotional updates on MberX products and services and offerings via the MberX website or by following MberX’s Instagram account, during the Promotional Period. Only one entry may be submitted per entrant/registration.
  7. 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.
  8. 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.
  9. Promotion A – “3 Wise Monkeys “Beer Risk & Reward Game”
    1. The Promotion will be conducted at 3 Wise Monkeys Sydney during venue trading hours from: Tuesday 16th December 2025 (opening time) to Sunday 22nd December 2025 (closing time) (“Promotional Period”).
    2. To enter, eligible entrants must during the Promotional Period:
      1. be physically present at 3 Wise Monkeys Sydney;
      2. scan the official MberX Promotion QR code displayed on promotional signage;
      3. register for MberX via the linked online registration form.
    3. (Upon successful registration, the entrant automatically receives one (1) free schooner of beer.
    4. Entrants then may choose to:
      1. Claim the schooner, OR
      2. Risk the schooner via the digital game for the chance to win a pint.
    5. A unique SMS is sent to the entrant’s device and must be presented to bar staff to redeem any beer prize.
    6. Only one (1) entry per person is permitted. Multiple entries, fake registrations, and device or identity manipulation are prohibited.
  10. Promotion A – Prize Details
    1. Every valid entrant receives one (1) schooner of beer.
    2. By playing the digital game, entrants may win one of the following prizes:
      1. Schooner of beer, or
      2. Pint of beer (if the schooner is risked and win outcome occurs).
    3. If an entrant chooses to risk their prize and loses at any stage, they forfeit all beer prizes.
    4. Prizes must be redeemed from 3 Wise Monkeys on the same day they are won.
    5. Prizes are subject to Responsible Service of Alcohol (RSA) compliance. Venue staff may refuse service for any reason required under NSW liquor laws.
    6. The venue is not responsible for promotion administration, fulfilment, or disputes.
    7. Prizes are not transferable, exchangeable, or redeemable for cash.
    8. MberX will reimburse 3 Wise Monkeys for redeemed beers at cost price.
  11. In the event of any dispute concerning the conduct of the Promotion, including claims for Prizes, MberX’s decision is final and no correspondence will be entered into.
  12. 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.
  13. 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.
  14. 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.
  15. 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 Prizes.
  16. 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) 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.
    5. Collection, use and disclosure by MberX of PI as outlined above is subject to the following:
    6. PI will be stored at all times on data servers located in Australia
    7. 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;
    8. 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: support@mberx.com;
    9. 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
    10. If MberX 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.