CIMB Pay - Pay & Win Huawei Nexus 6P Contest Terms and Conditions 1. The CIMB Pay- Pay & Win Huawei Nexus 6P Contest ( the Campaign ) is organised by CIMB Bank Berhad (13491-P) ( CIMB Bank ). The Campaign Period 2. The Campaign shall run from 1 Mar 2017 to 30 Apr 2017, both dates inclusive ( the Campaign Period ). 3. CIMB Bank reserves the right upon giving prior notice of not less than fourteen (14) calendar days to change the duration and/or expiry dates of the Campaign Period. Eligibility 4. The Campaign is open to all CIMB Bank s debit card and CIMB Bank s principal credit cardholders (except CIMB Islamic Credit Cards, CIMB s Platinum Business Card and CIMB Partner Cards) issued by CIMB Bank in Malaysia ( Eligible Participants ). The CIMB Bank s debit and credit card accounts for the Eligible Participants are hereinafter collectively referred to as the Participating Accounts. 5. The following categories of persons are not eligible to participate in the 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 ii) Individuals below the age of 18 years. 6. For the avoidance of doubt, supplementary credit cardholders of the Eligible Participants are not entitled to participate in the Campaign. Prizes 7. Subject to the terms and conditions herein provided, the Eligible Participant shall earn and accumulate entries starting from the first (1st) day of the Campaign Period to be in the running to win one (1) of the Prizes during the Campaign Period:- Prize No. of Prizes Huawei Nexus 6P Smartphone- 64GB 3 8. The Prizes to be won: i. are provided on an as is where is basis; ii. are neither transferable nor exchangeable for cash or credit; and iii. do not include any accessories or items that are shown in the marketing and/or promotional materials, leaflets or CIMB s website, as they are for illustration purposes only.
9. The Prizes may carry their own terms and conditions which shall be read in conjunction with the terms and conditions contained herein. The Prize images shown in any marketing and advertisement materials are for visual purposes only and the colour of the Prize may vary from the actual Prize received. Qualifying Criteria 10. Subject to the terms and conditions herein provided, the Eligible Participant(s) must make retail spending transactions (as defined in Clauses 11 to 14 herein) using their Participating Accounts in the manner explained below to earn entries during the Campaign Period to be in the running to win a Prize (as explained in Clauses 7 to 9 herein):- Retail Spending Transactions approved by CIMB Bank during the Number of Entries Campaign Period Every RM50 retail spend in local or foreign currency* through the 1 CIMB Pay mobile app (made in a single or accumulated sales drafts / receipts) *Foreign currency retail spending transactions shall be converted to Ringgit Malaysia (RM) for the purpose of calculation of retail spending and shall be based on CIMB Bank s prevailing exchange rate. 11. Retail spending transactions for the Campaign shall mean total retail purchases locally and overseas for goods and services incurred for personal consumption and shall not include betting and gaming transactions. For the avoidance of doubt, the following transactions are also herein expressly excluded and shall not be treated as retail spending transactions: i) Transactions made on CIMB Islamic Credit Cards, CIMB Bank s Platinum Business Card and CIMB Partner 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) Transactions for payments made towards mail order & telephone order (MOTO); and viii) Cash advance/withdrawal/deposit transactions. Any determination by CIMB Bank as to what constitutes retail spending transactions shall be conclusive and shall not be challenged in any manner whatsoever, save for manifest error. 12. Retail spending transaction for the purposes of this Campaign shall be calculated based on the total consolidated spending of the Eligible Participant s Participating Accounts. For Eligible Participants who have multiple Participating Accounts, all spending on all the Participating Accounts by the Eligible Participant will be consolidated and will not be viewed individually.
13. The calculation of the retail spending transaction is based on the transaction dates and/or time (Malaysian Time) as captured under CIMB Bank s transaction records during the Campaign Period. 14. CIMB Bank shall not be responsible for any failure and/or delay in the transmission of evidence of sales transactions by merchant establishments or any other party. Winners Selection Process 15. At the end of the Campaign Period, the Eligible Participant(s) who have earned Entries during the Campaign Period will be randomly shortlisted by an automated selection system from the total Entries earned during the Campaign Period ( Shortlisted Participants ). 16. Shortlisted Participants shall be contacted via telephone at their mobile number maintained in CIMB s records and they shall be required to answer two (2) questions correctly before being declared as the winner ( Campaign Winner ). 17. In the event the Shortlisted Participant(s) is/are not contactable for any reasons whatsoever, another two (2) attempts will be made to call the Shortlisted Participants. Where the third (3rd) attempt is still unsuccessful or the Shortlisted Participant fails to answer the question correctly, such Shortlisted Participant will be disqualified and will not be entitled to win the Prize. 18. CIMB Bank shall not be liable in anyway whatsoever in the event any Shortlisted Participant cannot be contacted for whatever reason(s). The next-in-line Shortlisted Participant will be contacted. 19. CIMB Bank has the sole discretion to fix the appointed date (Monday Friday) and time (9am 6pm) to make the phone calls to the Shortlisted Participants. CIMB Bank shall not be held responsible for calls made to the Shortlisted Participants which are: a) Not completed or disconnected due to any reasons whatsoever; and/or b) Not answered or not completed due to unavailability of the Shortlisted Participants at the appointed date and time and/or due to any other reasons whatsoever. 20. CIMB Bank reserves the right to record these phone conversations. 21. For avoidance of doubt, all telecommunication charges shall be borne by the Shortlisted Participants (including roaming charges incurred by the Shortlisted Participants outside Malaysia) as a result of CIMB Bank contacting the Shortlisted Participants and CIMB Bank shall not be liable for the same. 22. All question and answer sessions 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 on the Shortlisted Participants. 23. Each Eligible Participant is only allowed to win a maximum of one (1) Prize under this Campaign. 24. CIMB Bank will notify the Campaign Winners via electronic communication display at CIMB s website at www.cimbclicks.com.my or via electronic mail or via short message service (SMS) to
the Campaign Winners mobile numbers or by any other means of notification, which CIMB Bank may select at its absolute discretion. 25. At the time of selecting the Campaign Winners, the CIMB Bank Current or Savings or Credit Card accounts of the selected Campaign Winners MUST be in good standing and MUST NOT be in breach of any of the terms and conditions in the CIMB Bank Current or Savings account agreement or CIMB card or account agreement or delinquent, and/or invalid or cancelled within CIMB Bank s definition, otherwise they will be disqualified from participating or being the Campaign Winner in this Campaign. 26. The Prizes will be sent to the Campaign Winner s mailing address maintained in CIMB Bank s record within six (6) to eight (8) weeks after the Campaign Winner receives notification via a telephone call by CIMB Bank. Any Prizes that cannot be delivered (not due to CIMB Bank s fault) and remains unclaimed by the Campaign Winners within three (3) months after the date of the notification call has been made, will be forfeited. 27. By participating in this Campaign, the Campaign Winners agree and authorize CIMB Bank to disclose their details (including but not limited to name, NRIC number, telephone number and address) to CIMB Bank s distributor/agent for the purposes of fulfilling the delivery of the Prizes. General Terms and Conditions 28. By participating in this Campaign, the Eligible Participants are 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. 29. CIMB Bank shall be entitled to substitute or replace the Prizes offered under this Campaign with a prize or reward of similar value and/or to extend, modify, shorten, discontinue, cancel, terminate or suspend the Campaign by giving prior notice of fourteen (14) calendar days to the Eligible Participants. No compensation in cash or any kind shall be given to the Eligible Participants for any losses or damages suffered or incurred by the Eligible Participants as a direct or an indirect result of such substitution or replacement of the Prizes and/or extension, modification, shortening, discontinuation, cancellation, termination or suspension of this Campaign unless the same is due to CIMB Bank s wilful default or gross neglect. 30. CIMB Bank shall be entitled to amend, vary, delete or add ( the Amendment ) to any of these Terms and Conditions by giving prior notice of twenty one (21) calendar days to the Eligible Participants. Notification to the 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 ordinary mail to the Eligible Participants last known address or by posting a notice regarding the Amendment at each of CIMB Bank s branches where detailed provisions regarding the Amendment may be provided in the notice itself or may be provided to the Eligible Participants 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 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.
31. CIMB Bank shall not be liable to any party, including the Eligible Participants for any loss or damage of whatsoever nature suffered by the Eligible Participant or any party (including but not limited to any injury or death, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party) arising, in relation to the participation or non-participation in the Campaign including arising from any non-receipt or delayed receipt by the selected Eligible Participant of the SMS. 32. 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. 33. The Terms and Conditions herein (as the same may be amended from time to time pursuant to Clause 30) shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional and/or advertising materials in relation to the Campaign. 34. The Terms and Conditions herein shall be read in conjunction with the prevailing terms and conditions governing CIMB Pay mobile app, CIMB Bank debit and credit card account and/or other relevant products and services related to the Campaign and shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional and/or advertising materials in relation the Campaign. 35. If there is/are 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 terms and conditions shall govern the operation of the Participating Accounts, then the Bahasa Malaysia version of the Terms and Conditions shall prevail. 36. For feedbacks and/or complaints related to the Campaign, Eligible Participants may contact CIMB Bank s Customer Resolution Unit bearing the following address, telephone and facsimile numbers (or bearing such other address, telephone and facsimile numbers which CIMB Bank may change by notification to the Eligible Participants): Customer Resolution Unit, Level 19, Menara Bumiputra-Commerce, 11 Jalan Raja Laut, 50350 Kuala Lumpur Tel: 603 6204 7788 /Fax: 603 2691 3248/ cru@cimb.com.