TERMS AND CONDITIONS CIMB MALAYSIA AIRPORTS (NIAGA) SDN BHD 2016 Spend and Win Campaign

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1 TERMS AND CONDITIONS CIMB MALAYSIA AIRPORTS (NIAGA) SDN BHD 2016 Spend and Win Campaign The Campaign Period 1. The CIMB Malaysia Airports (Niaga) Sdn Bhd 2016 Spend and Win Campaign ( this Campaign ) is organised by CIMB Bank Berhad ( CIMB Bank ) and shall run from 1 October 2016 to 31 December 2016, both dates inclusive ( Campaign Period ). 2. CIMB Bank reserves the right to change the duration and/or commencement and/or the expiry dates of the Campaign Period by giving fourteen (14) calendar days prior notice. Eligibility 3. i) This Campaign is open to all CIMB Bank principal credit cardholders, debit cardholders and CIMB Kwik account holders (save and except for CIMB s Platinum Business Cardholder, CIMB Partner Cardholder and Fuel Tanker Card) issued by CIMB Bank Malaysia only and whose mobile numbers are registered under Maxis, Celcom, Digi or U-Mobile telecommunication service provider and maintained in CIMB Bank s record ( Eligible Participant(s) ). ii) The CIMB Bank accounts eligible for participation in this Campaign include principal and supplementary credit cards, debit cards and Kwik cards of the Eligible Participant ( Participating Accounts ). 4. The following categories of persons shall NOT be eligible to participate in this Campaign: i) Permanent, contract and/or temporary staff or employees of CIMB Bank and Malaysia Airports (Niaga) Sdn Bhd (including its subsidiaries and related companies) and their immediate family members (i.e. spouses, children, parents, brothers and sisters); and ii) Representative and/or agents (including advertising and promotion agents) of CIMB Bank, VISA Worldwide Pte. Limited, a company registered in Singapore, having its office at 30, Raffles Place, #10-00, Chevron House, Singapore 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 America (including their respective subsidiaries and related companies). 1

2 Prizes 5. The following prizes shall be available for this Campaign ( the Prizes ): Winner Prize Grand Prize One 8D7N Explore Machu Picchu Holiday Package for 2 Second Prize One 4D3N Dubai Holiday Package for 2 Third Prize One RM2,000 Eraman Cash Voucher Fourth to Hundredth Prize RM200 Eraman Cash Voucher each winner Retail Spending and Participation Criteria 6. Subject to the terms and conditions herein, the Eligible Participant(s) may earn an entry or entries ( Entry or Entries as the case may be) to win the Prizes (stated in Clause 5 herein) in the following manner: Every RM250 Retail Spending (as defined in Clause 7 herein) accumulated in a day or one single day at any Eraman outlets located at KL International Airport, Low Cost Carrier Terminal klia2, Kota Kinabalu International Airport, Kuching International Airport, Penang International Airport, Sultan Ismail Petra Airport, Labuan Airport and Langkawi International Airport charged to any of the Eligible Participant s Participating Accounts during the Campaign Period and the Retail Spending is posted to the Eligible Participant s Participating Account by 5 January 2017 entitles the Eligible Participant to one (1) Entry. Example: A total spending of RM650 in a day or one single day will entitle the eligible Participant to two (2) Entries. 7. Retail Spending referred to in Clause 6 shall mean purchase transactions for goods and services using the Participating Accounts incurred for personal consumption and shall not include betting or gaming transactions. For the avoidance of doubt the following transactions are also expressly excluded and shall not be treated as Retail Spending:- i) Any transactions made on CIMB s Platinum Business Card, CIMB Partner Cardh and Fuel Tanker Card; ii) Any Quasi Cash transactions (example: betting and/or gaming transactions); iii) Any transactions which are subsequently cancelled or refunded, disputed, unauthorised or classified as fraudulent transactions. Any determination by CIMB Bank as to what constitutes Retail Spending shall be conclusive and shall not be challenged in any manner whatsoever unless the same appears as grossly unfair or unjust. 8. Retail Spending at any Eraman outlets will be calculated based on the total spending by the Eligible Participants on every credit, debit and or Kwik card accounts. If the Eligible 2

3 Participant has multiple credit and/or debit and/or Kwik card accounts, the Retail Spending which has been made on all cards by the principal and supplementary credit and/or debit and/or Kwik card will be consolidated and will not be viewed individually to meet the Retail Spending as mentioned herein. Example: Cardholder A has a CIMB Visa Infinite credit card, 2 supplementary CIMB Visa Infinite credit cards and 1 CIMB MasterCard debit card. All transactions on any of those credit cards and debit card will be consolidated and not viewed individually to meet the Retail Spending. 9. To be eligible to participate in this Campaign, the Retail Spending shall be transacted by 31 December 2016 and transaction posting shall be no later than 5 January 2017, Malaysian time. 10. CIMB Bank shall not be responsible for any failure and/or delay in the transmission of evidence of Retail Spending by VISA, MasterCard, merchant establishments or any other party. Winner Selection Process 11. Subject to the terms and conditions herein, the Eligible Participant shall earn and accumulate Entries starting from the first day of the Campaign until the end of the Campaign Period to be eligible to win the Prizes. At the end of the Campaign Period, the Eligible Participant shall be randomly selected by an automated selection system based on the Entries earned by the Eligible Participant during the Campaign Period to be named as the potential winners for the Prizes as mentioned in Clause 5. The Winners list will be posted on CIMB Bank s website at within 12 weeks after the end of the Campaign Period. (i) Grand Prize Winner, Second Prize Winner and Third Prize Winner Subject to the terms and conditions herein, CIMB Bank s automated system will generate a list of potential winners of ( Potential Winner(s) ) whom will be drawn in the following order; a Grand Prize winner, followed by a Second Prize winner and followed by a Third Prize Winner. The Potential Grand Prize Winner will be contacted via telephone at their mobile number maintained in CIMB Bank s records.. After the verification process, he/she shall be required to answer one (1) question correctly which is set by CIMB Bank before being declared as the Grand Prize winner. CIMB Bank will make three (3) attempts to contact the Potential Grand Prize Winner. If CIMB Bank is unable to contact the Potential Grand Prize Winner due to any reason whatsoever, he/ she will be disqualified and will not be entitled to win the Grand Prize. The Potential Second Prize Winner who is listed in the automated selection system will then be contacted by CIMB Bank to answer one (1) question correctly to be eligible to win the Grand Prize. The Potential Third Prize Winner will then be contacted by CIMB Bank to answer one (1) question correctly to be eligible to win the Second Prize. 3

4 In the event the Potential Second Prize Winner and/or the Potential Third Prize Winner are not contactable, the Potential Grand Prize Winner, Potential Second Prize Winner and the Potential Third Prize Winner shall be selected from the list of potential winners. This procedure will be repeated until a successful Potential Grand Prize Winner, Potential Second Prize Winner and Potential Third Prize Winner are identified. Please refer to an example below:- Example: If the Potential Grand Prize Winner is un-contactable after 3 attempts, the Potential Second Prize Winner will then be promoted as the Potential Grand Prize Winner and the Potential Third Prize Winner will be then be promoted as the Potential Second Prize Winner. (ii) The Fourth to the One Hundredth Prize Winners Subject to the terms and conditions herein, CIMB Bank s automated system will generate the Potential Fourth to One Hundredth Prize Winners. An SMS notification will be sent by CIMB Bank only once to Potential Fourth to One Hundredth Prize Winners and they shall be required to answer one (1) question by replying to the said SMS with the correct answer within two (2) days from the date the SMS is sent to them. If the Potential Fourth to One Hundredth Prize Winners are able to answer or respond or reply to the SMS in the manner as specified in the SMS successfully, CIMB Bank shall notify them accordingly to be entitled to receive one RM200 Eraman Cash Voucher each. In the event any of the Potential Fourth to One Hundredth Prize Winners is unable to answer or reply or respond to the SMS in the manner as specified in the SMS successfully, he/she will be disqualified and shall not receive the RM200 Eraman Cash Voucher. A new Potential Winner will be selected from the pool of the Potential Winners and then be contacted via SMS and shall be required to answer the SMS according to the manner as specified therein. This process will be repeated until all Potential Fourth to One Hundredth Prize Winners have been successfully identified. For the avoidance of doubt, standard telecommunications charges for the SMS response will apply and shall be borne by the Potential Winner. All questions and answers will be judged and decided by a panel of judges selected by CIMB Bank and the decisions of the panel judges selected by CIMB Bank shall be final and binding unless the same appears to be grossly unfair or unjust. 12. CIMB Bank has the sole discretion to fix any date and time to make the telephone calls to the Potential Grand Prize Winner, Potential Second Prize Winner and Potential Third Prize Winner. CIMB Bank shall not be held responsible for the attempted calls made to the said potential winners which are not connected or not reachable or not responded due to any reasons whatsoever. 4

5 13. At the time of selecting the winners for this Campaign, the CIMB Bank credit or debit card account(s) or CIMB Bank Kwik account of the Eligible Participants MUST be in good standing and MUST NOT be in breach of any of the terms and conditions governing the CIMB Bank credit or debit card, Kwik account or be delinquent, and/or be invalid or cancelled, otherwise the Eligible Participant will be disqualified from participating in this Campaign or becoming a winner for any Prizes for this Campaign. 14. For the avoidance of doubt, the drawing of the Potential Winners as stated in Clauses 11 (i) and (ii) will be carried out by CIMB Bank simultaneously. 15. An Eligible Participant is eligible to win only one (1) Prize throughout this Campaign. For the avoidance of doubt, only the Eligible Participants who are the principal cardholders are entitled to win any prize under the Campaign. 16. The Prizes are only available to the Eligible Participant who is a principal cardholder and not transferable to another person nor exchangeable for cash and the Prize does not include any other related costs and expenses. 17. The Prizes as set out in Clause 5 shall be subject to the following terms and conditions:- a. Holiday Package for Grand Prize and Second Prize (i) The holiday package for Grand Prize and Second Prize shall include two (2) return economy airfare for each Grand Prize and Second Prize Winners respectively, airport taxes, fuel charges, accommodation charges (room only) and any other relevant administration fees. The flight tickets are not exchangeable for cash nor replaced with any similar cost and the flight tickets booking shall be subject to the airlines seats availability. No open date tickets will be applicable under this holiday package. (ii) The travel is valid on airlines to be decided by CIMB Bank at its sole and absolute discretion. All departure tickets shall be from Kuala Lumpur International Airport (KUL). (iii) Booking and ticket issuance period for Machu Picchu and Dubai is from 1 February 2017 till 31 Dec 2017 and travel period is from 1 February 2017 till 31 Jan The Grand Prize and Second Prize winner must book their air tickets and have them issued by 31 Dec 2017 otherwise the prize shall be forfeited and will no longer be claimable. The return tickets are valid for point to point journeys only. (iv) The hotel accommodations in Machu Picchu/ Dubai for the winners will be decided by CIMB Bank at its sole and absolute discretion. The hotel accommodation will be a standard room only. Any usage of the mini bar in the hotel room, use of any services at the hotel, consumption of food and beverages in the hotel room or restaurants in the hotel or damages to the facilities provided in the hotel room or any other charges shall be borne by the winners. (v) If the winner wishes to make any changes to the ticket which has been issued and the hotel accommodation has been reserved, all additional cost and charges incurred shall be solely borne by the winner. 5

6 (vi) The holiday package won by the winner can only be used by the winner who won the prize and the person accompanying the winner must be at least 18 years of age and the ticket and/ or holiday package is not transferable to any other person. (vii) The ticket booking and issuance as well as the hotel reservation shall be made only through a specific travel agent elected by CIMB Bank. (viii) By participating in the Campaign, the winners hereby acknowledge and agree that CIMB Bank (and or its subsidiaries and or related companies) shall not in any manner whatsoever be liable or responsible for any loss, damage howsoever arising from or relating to this Campaign including but not limited to any injury suffered during (or injury resulting from) or arising out of the holiday package. The winners of the holiday package shall obtain relevant and necessary insurance to protect from any risk that may be associated during his/her travel under the holiday package. b. Eraman Cash Voucher The Eraman Cash Voucher shall be subject to the terms of use and/or terms and conditions decided by Eraman which are separate from the terms and conditions herein. 18. The winners of this Campaign agree and authorise CIMB Bank to disclose the winners details (including but not limited to name, NRIC number, telephone number and address) to CIMB Bank s distributor/agent who would then contact the winners regarding the delivery or redemption or collection of the Prizes. The winners are responsible to make the necessary arrangements with CIMB Bank and or its /distributor/agent to collect or redeem their Prize(s). CIMB Bank will not bear any accommodation and/or transportation and/or other cost that the winners may incur or have to incur in the course of redeeming or collecting or using the Prizes. 19. Eligible Participants who are declared as winners in this Campaign further agree and acknowledge that they may be required to attend a prize giving ceremony in order to receive the Prizes and that attendance at such prize giving ceremony is a condition for receiving the Prizes. If the winners fail to attend such ceremony and/or other publicity programs without any valid reasons, he/she will be disqualified and CIMB Bank reserves its rights to select a new winner. 20. For the avoidance of doubt, CIMB Bank hereby disclaims all warranties (implied or express) of the Prizes in relation to its fitness for purpose, health and safety. All risks associated with the use of the Prizes shall be assumed by the winners. General Terms and Conditions 21. By participating in this Campaign, the Eligible Participants are deemed to have read, understood and agreed to be bound by the Terms and Conditions herein and agree that any and all decisions made by CIMB Bank in relation to every aspect of this Campaign shall be final and conclusive provided always that the decision made is fairly and reasonably made. 6

7 22. It shall be the Eligible Participant s responsibility to ensure that the correspondence address and mobile/telephone number provided and maintained in CIMB Bank s records are current and updated. CIMB Bank reserves the right to forfeit the Prizes in the event the Eligible Participant s mobile/telephone number which is maintained in CIMB Bank s record is invalid and/or not updated. CIMB Bank further reserves the right to record the telephone conversations made with the Eligible Participant for verification and record purposes. 23. CIMB Bank reserves the right to substitute and/ or replace the Prizes offered under this Campaign with any other item(s) of similar cost. The Prizes are not exchangeable for physical cash or credit of any kind. 24. CIMB Bank reserves the right to cancel, terminate or suspend this Campaign by giving notice of fourteen (14) calendar days to the Eligible Participants. For the avoidance of doubt, the cancellation, termination or suspension by CIMB Bank of this Campaign shall not entitle the Eligible Participant or any other person whosoever to any claim or compensation against CIMB Bank for any losses or damages suffered or incurred as a direct or indirect result of the act of cancellation, termination or suspension. 25. CIMB Bank reserves the right upon giving prior notice of twenty one (21) calendar days to vary (whether by addition, deletion, modification, amendment or otherwise howsoever) ( Amendment ) any of the Terms and Conditions herein. Notification to Eligible Participants 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 posting a notice regarding the Amendment at each of CIMB Bank s branches or via CIMB Bank s website or by any other means of notification which CIMB Bank may select and the Amendment shall be deemed as binding on the Eligible Participants as from the date of notification of the Amendment or from such other date as may be specified by CIMB Bank in the notification. Eligible Participants acknowledge and agree to access CIMB Bank s website at regular intervals to view these Terms and Conditions and to ensure that he/she is kept up-to-date with any changes or variations to the Terms and Conditions herein. 26. The Terms and Conditions herein (as the same may be amended from time to time pursuant to Clause 24) shall be read together with the prevailing Terms and Conditions with CIMB Bank s credit card, debit card and Kwikcard and shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional and/or advertising materials in relation to this Campaign. 27. CIMB Bank may at its sole and absolute discretion disqualify and/or reject any Eligible Participants that it determines to be tampering with the process or the operation of this Campaign or to be acting in breach or potential breach of the Terms and Conditions herein. 28. CIMB Bank shall not be liable to any Eligible Participants or any party for any loss or damage of whatsoever nature suffered (including but not limited to, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages 7

8 of any party) howsoever arising, in relation to the participation or non-participation in this Campaign unless the same arise from and are caused directly by CIMB Bank s gross negligence or wilful default. 29. CIMB Bank shall not be liable or held responsible to the Eligible Participants 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 or anything beyond CIMB Bank s reasonable control. 30. CIMB Bank shall not be responsible for any tax implications that may arise from the Prizes or the use thereof. Any tax filing obligation or any tax payment imposed by any authority as a result of receipt or usage of the Prizes shall remain the sole responsibility of the winners of this Campaign. It is the responsibility of each Eligible Participant to seek independent advice on the possible tax implications under this Campaign. 31. If there is any inconsistency, conflict, ambiguity or discrepancy between the Bahasa Malaysia and English version or other language version of these terms and conditions, the English version of these terms and conditions shall prevail. Notwithstanding the aforementioned where request had been made by the Eligible Participant and noted and acknowledged by CIMB Bank in its records that the Bahasa Malaysia version of the terms and conditions shall govern the operation of the Participating Account, then the Bahasa Malaysia version of the terms and conditions herein shall prevail. 32. For feedback and/or complaints related to this Campaign, the Eligible Participants may contact CIMB Bank s Customer Resolution Department bearing the following address, telephone and facsimile numbers and address (or bearing such other address, telephone and facsimile numbers and address which CIMB 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: add: CRU@cimb.com. 8