CIMB Bank Mastercard Spend and Get Travel Luggage Overseas and Online Spend Campaign Terms and Conditions

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1 CIMB Bank Mastercard Spend and Get Travel Luggage Overseas and Online Spend Campaign Terms and Conditions 1. The CIMB Bank Mastercard Spend and Get Travel Luggage Overseas and Online Spend Campaign ( Campaign ) is organised by CIMB Bank Berhad (13491-P) ( CIMB Bank ). Campaign Period 2. The Campaign shall run from 1 June 2017 to 31 August 2017, both dates inclusive ( Campaign Period ). 3. CIMB Bank reserves the right upon giving adequate prior notice of not less than fourteen (14) calendar days to change the duration and/or expiry dates of the Campaign Period. Eligibility 4. This Campaign is open to selected CIMB Bank principal credit cardholders (i) who hold a Mastercard credit card issued by CIMB Bank in Malaysia and (ii) who receive a short message service ( SMS ) at the cardholders mobile number maintained in CIMB Bank s record and/or an electronic direct mailer ( EDM ) at the cardholders address maintained in CIMB Bank s record and/or a direct mailer ( Mailer ) at the cardholders mailing address maintained in CIMB Bank s record from CIMB Bank about this Campaign as an invitation to participate in this Campaign ( Eligible Participant(s) ). The CIMB Bank Mastercard credit card account(s) of the Eligible Participant(s) is referred to as the Eligible Credit Card Account(s). 5. In the SMS and/or EDM and/or Mailer from CIMB Bank, the Eligible Participant(s) will also be informed among others the following:- i) The minimum cumulative spend requirement ( Spend Requirement ) that is required by the Eligible Participant(s) on their Eligible Credit Card Account(s) during the Campaign Period to be eligible for the gift(s) ( Gift(s) ); ii) The Gift(s) that the Eligible Participant(s) can receive if they meet their minimum Spend Requirement during the Campaign Period; and iii) Where the Eligible Participant(s) can obtain the terms and conditions of the Campaign. 6. The following categories of persons are not eligible to participate in this Campaign:- i) Permanent, contract and/or temporary staff or employees of CIMB Bank (including its subsidiaries and related companies) and their immediate family members (i.e. spouses, children, parents, brothers and sisters); and/or ii) Representatives and/or agents (including advertising and promotion agents) of CIMB Bank and Mastercard Worldwide, a company organized under the State of Delaware, having its office and principal place of business at 2000 Purchase Street, Purchase, New York, NY , United States of 1

2 Participation Criteria America ( Mastercard ) and Mastercard s respective subsidiaries and related companies). 7. The Spend Requirement for this Campaign will be based on the cumulative spending transactions using CIMB Bank Mastercard credit card and performed via any of the following manner:- i) Foreign currency transactions via retail and/or online channel ( Overseas Spend ); and/or ii) Local currency transactions via online channel only ( Online Spend ) collectively referred as ( Eligible Transaction(s) ). 8. For the purpose of this Campaign, retail channel shall mean total retail and/or instore transactions while online channel shall mean total transactions effected through the internet. 9. Eligible Transaction(s) must be incurred for personal consumption and shall not include betting or gaming transactions. For the avoidance of doubt the following transactions are also herein expressly excluded and shall not be treated as an Eligible Transaction(s):- i) Transactions made on CIMB s Visa Credit Cards, CIMB Bank Platinum Business Card and CIMB Fuel Tanker Card; ii) Quasi Cash transactions (example: betting and/or gaming transactions); iii) Monthly instalments under any instalment payment facility provided by CIMB Bank; iv) Standing instructions/ auto-payment service; v) Payment of annual fees or service charges, delivery charges, cash payments, card replacement fee, government service tax, dispute charges, fraud charges or any other fees, charges or penalties whether imposed by CIMB Bank or otherwise; vi) Transactions for payments made towards insurance premiums and/or takaful contributions of any kind whatsoever; vii) Cash advance/withdrawal/deposit transactions/funds transfer; and viii) Retail spending transactions which are subsequently cancelled, unposted, void, refunded, disputed, unauthorised or fraudulent transactions. Overseas Spend shall be converted to Ringgit Malaysia (RM) for purposes of calculation of total spending and shall be based on CIMB Bank s prevailing exchange rate. In the event where the costs of Overseas Spend have been converted to Ringgit Malaysia at the point of sales via Dynamic Currency Conversion (DCC), this form of transaction will be categorized as a local currency transaction instead of an Overseas Spend and will not be eligible for calculation of transaction. For the avoidance of doubt, a transaction shall be considered to be an Overseas Spend if the currency code in which the transaction was performed in is in any foreign currency excluding Ringgit Malaysia. 2

3 Any determination by CIMB Bank as to what constitutes Overseas Spend, Online Spend and/or Eligible Transaction(s) shall be conclusive and shall not be challenged in any manner whatsoever, save for manifest error. 10. Eligible Participant(s) must meet the minimum Spend Requirement with their Eligible Credit Card Account(s) as specified in the SMS and/or EDM and/or Mailer sent to them to qualify for the Gift(s) as stated in the SMS and/or EDM and/or Mailer. 11. The Gift(s) and the manner in which Eligible Participants can qualify for the Gift(s) are as follows:- Gift(s) 20 Barry Smith Trolley Bag 20 Barry Smith Trolley Bag PLUS Barry Smith Backpack Qualification Criteria Meet minimum Spend Requirement within the Campaign Period by performing any one (1) of the following Eligible Transactions:- Online Spend only; or Mix of Online Spend and Overseas Spend. Meet minimum Spend Requirement within the Campaign Period by performing the following Eligible Transaction:- Overseas Spend only. 12. Eligible Transaction(s) will be calculated based on the total consolidated Eligible Participant(s) spend (principal and supplementary/ies). If Eligible Participants have multiple Eligible Credit Card Accounts, the eligible retail spending transactions made on all the Eligible Credit Card Accounts by the principal and/or supplementary cardholders shall be consolidated and not be viewed individually to meet the Spend Requirement within the Campaign Period. Example: Eligible Participant A has 1 principal CIMB Bank Mastercard credit card, and 2 supplementary CIMB Bank Mastercard credit cards. All Eligible Transactions performed on any of those Eligible Credit Card Accounts will be consolidated and not viewed individually to meet the Spend Requirement within the Campaign Period. 13. All Eligible Transaction(s) will be automatically tracked by CIMB Bank for the purpose of meeting the Spend Requirement of the Eligible Participants as set out in the SMS and/or EDM and/or Mailer. The tracking of the Eligible Transactions is based on the transaction dates and/or time (Malaysian Time) as captured by CIMB Bank transaction records during the Campaign Period. 14. CIMB Bank shall not be responsible for any failure and/or error and/or delay in the transmission of evidence of Eligible Retail Spending Transaction(s) and/or posting of the Eligible Retail Spending Transaction(s) to the Eligible Participant(s) Eligible Credit Card Accounts by Mastercard, merchant establishments and/or any other party unless the same is due to CIMB Bank s wilful default or gross neglect. 15. It shall be the Eligible Participant(s) sole responsibility to ensure their phone numbers and/or addresses and/or mailing addresses ( Contact Particulars ) provided to CIMB Bank are current and updated with CIMB Bank in the event if any changes being made to the same by them. CIMB Bank shall not be responsible to the 3

4 Eligible Participant(s) for any loss (including loss of opportunity and consequential loss arising therefrom) suffered or incurred in the event the Contact Particulars maintained in CIMB Bank s record are not current or correct. 16. Eligible Participant(s) who meet the Spend Requirement and the terms and conditions of this Campaign shall be entitled to receive the Gift(s) stated in the SMS and/or EDM and/or Mailer sent to them. Gift and Winners Selection Process 17. The Eligible Participant who is entitled to the Gift(s) stated in his/her SMS and/or EDM and/or Mailer will receive the Gift(s) within twelve (12) weeks after the end of the Campaign Period, and the Gift(s) will be couriered to the Eligible Participant s mailing address in Malaysia maintained with CIMB Bank. 18. The Eligible Participant shall be responsible to ensure that their telephone numbers and/or address and/or mailing address provided are current and updated with CIMB Bank. The notification and delivery of the Gift(s) by CIMB Bank will be based on the Eligible Participant s telephone numbers and mailing address in Malaysia maintained with CIMB Bank. The delivery of the Gift(s) is only valid for mailing addresses that are based within Malaysia, and will not be valid for mailing addresses that are based outside Malaysia. Eligible Participants with mailing addresses that are based outside Malaysia will need to provide a mailing address that is based in Malaysia, or collect the Gift(s) from a CIMB Bank branch. For Eligible Participants who do not have a mailing address in Malaysia, the Eligible Participant who is entitled to the Gift(s) must contact CIMB Customer Service officer at telephone number to notify the Bank of either the collection of the Gift(s) from a CIMB Bank branch or the delivery of the Gift(s) to a given mailing address in Malaysia. CIMB Bank shall not be responsible to the Eligible Participant(s) for any loss (including loss of opportunity and consequential loss flowing there from) suffered or for any failure to fulfil the delivery of the Gift(s) in the event the Eligible Participant(s) telephone number and/or mailing address in CIMB Bank s record is not current or correct. 19. The Gift(s) will be sent to the Eligible Participant(s) who is a principal cardholder. The Gift(s) is not transferable to any other person and or the supplementary cardholder. 20. At the time of the receipt of the Gift(s), the Eligible Participant(s) credit card account(s) MUST NOT be delinquent, and/or be invalid or cancelled, otherwise the Eligible Participant(s) will be disqualified from receiving the Gift(s). General Terms and Conditions 21. By participating in the Campaign, the Eligible Participant(s) is deemed to have read, understood and agreed to be bound by the Terms and Conditions stated herein and agree that any and all decisions fairly and reasonably made by CIMB Bank in relation to every aspect of the Campaign shall be final and conclusive. 22. Images of the Gift(s) shown in any marketing and/or advertisement collateral are for visual purposes only and colours may vary from the actual Gift(s) received. The 4

5 Eligible Participant(s) is not allowed to choose or change the colours or models of the Gift(s). 23. CIMB Bank reserves the right to substitute the Gift(s) with any other item of similar or equivalent costs at any time upon giving the Eligible Participant(s) fourteen (14) calendar days prior notice. 24. CIMB Bank will not entertain any complaint(s) whatsoever in connection with the Gift(s). Any queries or complaints in relation to the Gift(s) should be referred to the product manufacturer. CIMB Bank excludes any warranties of quality, merchantability or fitness for purpose in respect of the Gift(s). The Gift(s) have not been certified by CIMB Bank and under no circumstances shall the inclusion of any Gift(s) in this Campaign be construed as an endorsement or recommendation of the Gift(s) by CIMB Bank. CIMB Bank s liability with regards to the Gift(s) is only to bear the purchase price for the same. 25. CIMB Bank shall be entitled to amend, vary, delete or add ( the Amendment ) to any of these Terms and Conditions or any part thereof and/or substitute or replace the Gift(s) offered under this Campaign with a similar valued gift and/or to extend, modify, shorten, discontinue, cancel, terminate or suspend the Campaign by giving twenty one (21) calendar days prior notice to the Eligible Participant(s). No compensation in cash or any kind shall be given to the Eligible Participant(s) for any losses or damages suffered or incurred by the Eligible Participant(s) as a direct or an indirect result of such variation, deletion, addition or alteration of these Terms and Conditions and/or the extension, modification, cancellation, suspension or termination of this Campaign unless the same is due directly to the gross negligent and default of CIMB Bank. 26. Notification to the Eligible Participant(s) in respect of the Amendment shall be effected at CIMB Bank s absolute discretion through any one of the following means of communication, namely, by ordinary mail to the Eligible Participant(s) last known address or by posting a notice regarding the Amendment at each of CIMB Bank s branches where detail provisions regarding the Amendment may be provided in the notice itself or may be provided to the Eligible Participant upon request or by effecting an advertisement regarding the Amendment in one newspaper of CIMB Bank s choice, or via CIMB Bank s website or via electronic mail or by any other means of notice which CIMB Bank may select and the Amendment shall be deemed as binding on the Eligible Participant as from the date of notification of the Amendment or from such other date as may be specified by CIMB Bank in the notification. 27. CIMB Bank shall not be liable or held responsible to the Eligible Participant in any manner whatsoever if CIMB Bank is unable to perform any of its obligations stipulated herein where such inability is due directly or indirectly to any Act of God, industrial dispute, war, strike, riot, technical or system failures including arising from any non-receipt or delayed receipt by the Eligible Participant(s) of the SMS and/or EDM and/or Mailer or anything beyond CIMB Bank s reasonable control. 28. These Terms and Conditions (as the same may be amended from time to time pursuant to Clause 25 shall be read in conjunction with the prevailing cardholders Terms and Conditions and shall prevail over any inconsistent terms, conditions, 5

6 provisions or representations contained in any other promotional materials advertising the Campaign. 29. If there is any inconsistency (ies), conflict(s), ambiguity (ies) or discrepancy (ies) between the Bahasa Malaysia and English version or other language version of these Terms and Conditions herein, the English version of these Terms and Conditions shall prevail. Notwithstanding the aforementioned where request is made by the Eligible Participants and noted and acknowledged by CIMB Bank in its records that the Bahasa Malaysia version of the cardholder terms and conditions govern the operation of the Eligible Participant s Mastercard credit card, then the Bahasa Malaysia version of the Terms and Conditions herein shall prevail. 30. For feedbacks and/or complaints related to this Campaign, the Eligible Participant(s) may contact CIMB Bank s Customer Resolution Unit bearing the following address, telephone, facsimile numbers and address (or bearing such other address, telephone, facsimile numbers and address which CIMB Bank may change by notification to the Eligible Participant(s): Customer Resolution Unit, Level 19, Menara Bumiputera-Commerce, 11 Jalan Raja Laut, Kuala Lumpur Tel: / Fax: / cru@cimb.com. 6