TERMS AND CONDITIONS CIMB BANK Choose Your Voucher for Credit Card Application Campaign Campaign Period 1. The CIMB Bank Choose Your Voucher for Credit Card Application Campaign ( this Campaign ) is organized by CIMB Bank Berhad (13491-P) ( CIMB Bank ) and shall run from 1 st April to 30 th April 2018, both dates inclusive (the Campaign Period ). 2. CIMB Bank reserves the right upon giving prior notice of fourteen (14) days to change the duration and/or the commencement and/or expiry dates of the Campaign Period. Eligibility 3. This Campaign is open exclusively to New-to-Card Applicants (customers who do not own a credit card issued by CIMB Bank) who applies for new CIMB Bank principal credit card(s) issued by CIMB Bank, (excluding CIMB Bank Business Cards and Partner Cards), via CIMB Bank Website ( www.cimbbank.com.my/ ), CIMB Clicks, CIMB Bank s Automated Teller Machine ( CIMB ATM ) and CIMB Bank Consumer Contact Centre during the Campaign Period (the Applicant(s) ); The following categories of persons/entities shall NOT be eligible to participate in this Campaign:- (i) (ii) (iii) (iv) Permanent and/or temporary staffs 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 Representatives and/or agents (including advertising and campaign agents, third party vendors and service providers) of CIMB Bank (including its subsidiaries and related companies) and their permanent and/or contract staffs or employees and their immediate family members (i.e. spouses, children, parents, brothers and sisters); and/or Non-individual entities including but not limited to sole-proprietorships, partnerships, charitable/non-profit organisations/societies, corporate and commercial customers, public listed and private limited companies, clubs, associations and co-operatives; and/or An existing CIMB Bank principal credit cardholder; and/or (v) A customer who had cancelled his/her CIMB Bank principal credit card within the last six (6) months before the date of approval of his/her newly applied CIMB Bank principal credit card during the Campaign Period; (vi) Individuals below the age of 21 years at the time of application. 4. Only the principal cardholder (and not the supplementary cardholder) will be eligible to participate in this Campaign. 1
5. CIMB Bank reserves the right to approve or reject any credit card applications and/or to request for any further supporting documents as it deems fit. For the avoidance of doubt, CIMB Bank has sole and absolute discretion to determine if the supporting documents are sufficient for the purpose of processing the credit card application submitted to CIMB Bank. Campaign Mechanics 6. The Applicant(s) shall be entitled to choose one (1) gift out of the Three (3)Gifts (as defined in Clause 7) ( Gift Selection ) if (i) The Applicant(s) submits an application for any CIMB Bank principal credit card via any one of the following channels: CIMB Bank Website, CIMB Clicks, CIMB ATM, during the Campaign Period. Applicant(s) who submits an application for any CIMB Bank principal credit card via CIMB Bank s Consumer Contact Centre will not be entitled to the Gift Selection option but will be eligible to receive as mentioned under clause 7, once the criteria in (ii) and (iii) below are met; (ii) All credit card application must be successfully approved by CIMB Bank before 21 st May 2018 and the credit card must be activated within sixty (60) days from the Card Approval Date; AND (iii) a) Tier 1: The Applicant(s) achieves a minimum Eligible Cumulative Retail Spending (as defined under Clause 8 of these Terms and Conditions) of RM500 ( Minimum Eligible Cumulative Retail Spending ) within thirty (30)days from the Card Approval Date; or b) Tier 2: The Applicant(s) achieves a minimum Eligible Cumulative Retail Spending (as defined under Clause 8 of these Terms and Conditions) of RM1,000 ( Minimum Eligible Cumulative Retail Spending ) within sixty (60) days from the Card Approval Date. For clarity Card Approval Date refers to the date as stated in the activation letter that is sent together with the CIMB Bank credit card to the Applicant(s). Hereinafter collectively referred to as the Qualifying Criteria. 7. The Gift(s) to be given to the Applicant(s) is determined based on the channel utilized by the Applicant(s) for his/her CIMB Bank principal credit card application during the Campaign Period and the channel of application is as set out in the table below ( Gift(s) ) and provided always the Applicant(s) met the Qualifying Criteria: Digital Channel CIMB Bank Website CIMB Clicks CIMB ATM CIMB Bank Consumer Contact Centre Choose Your Voucher Tier 1: Minimum Eligible Cumulative Retail Spending of RM500 Gift A: RM100 Petronas Voucher Gift B: RM100 Guardian Voucher Gift C: RM100 Tesco Voucher Collectively referred to as the Three (3) Gifts ) RM50 Tesco Voucher Referred to as Tesco RM50 Voucher ) Choose Your Voucher Tier 2: Minimum Eligible Cumulative Retail Spending of RM1,000 Gift A: RM150 Petronas Voucher Gift B: RM150 Guardian Voucher Gift C: RM150 Tesco Voucher Collectively referred to as the Three (3) Gifts ) RM50 Tesco Voucher + CIMB Octo Referred to as Tesco RM50 Voucher ) 2
8. Eligible Cumulative Retail Spending stated in Clause 6 above includes purchase transactions for goods and services including online purchases for goods and services and incurred for personal consumption and shall not include betting or gaming transactions; 9. For avoidance of doubt, the following transactions are also herein expressly excluded and shall not be regarded as Eligible Cumulative Retail Spending :- (i) Quasi Cash transactions (example: betting and/or gaming transactions); (ii) Monthly installments under any installment payment facility provided by CIMB Bank or any other financial institutions; (iii) Payment of annual fees or service charges, delivery charges, cash payments, card replacement fees, taxes including Goods and Services Tax ( GST ), dispute charges, fraud charges or any other fees, charges or penalties whether imposed by CIMB Bank or otherwise; (iv) Cash advance/withdrawal/deposit transactions; (v) Transactions made by the Applicant(s) with any merchant associated with or controlled by him/her or any of his/her immediate family members (whether as employee, employer, shareholder or director), i.e. transactions by the Applicant(s) with any corporation or business entity in which he is and/or any one of his family members is the employee or employer, or works with, or has shares or interest in, or is a director of; and (vi) Eligible Cumulative Retail Spending which is subsequently cancelled or refunded, or any other disputed, unauthorized or fraudulent transactions. 10. All Eligible Cumulative Retail Spending transactions will be automatically tracked by CIMB Bank for the purpose of meeting the Minimum Eligible Cumulative Retail Spending and is based on the transaction dates and/or time (Malaysian Time) as captured by CIMB Bank s transaction records during the Campaign Period. Any determination by CIMB Bank as to what constitutes Eligible Cumulative Retail Spending shall be conclusive and shall not be challenged in any manner whatsoever unless the same appears as grossly unfair or unjust. 11. CIMB Bank shall not be held responsible or liable for any delay in the posting of the Eligible Cumulative Retail Spending to the Applicant(s) credit card account and/or error or omission in the posting of the same due to any reasons whatsoever and howsoever arising including but not limited to the delay on the part of the merchant unless the same is due to the gross negligence and/or default of CIMB Bank. CIMB Bank shall not be responsible for any failure and/or delay in the transmission of evidence of sales transactions by Visa, MasterCard, merchant establishments or any other party unless the same is due to the gross negligence or default of CIMB Bank. Gift(s) 12. The following additional terms and conditions shall apply for Three (3) Gifts (as stated in Clause 7 of these Terms and Conditions) for all digital channels except CIMB Bank Consumer Contact Centre: (a) The Applicant(s) upon meeting their Minimum Eligible Cumulative Retail Spending criteria in Clause 6 (iii) will be informed via Short Messaging System ( SMS ) notification on their entitlement to the Gift Selection option. (b) The Applicant(s) must reply to the SMS to confirm his/her selected gift within the prescribed date and time in the SMS. Failure to reply to the SMS within the prescribed date and time will disqualify the Applicant(s) from exercising the Gift Selection option and CIMB Bank will select any one (1) of the Three (3) Gifts at its sole and absolute discretion which is strictly non-negotiable. 3
13. All gifts under this Campaign ( Gift(s) ) is provided on an as is basis and is neither transferable nor exchangeable for cash or credit of any kind. Where applicable, the Gift(s) shall be subject to the terms and conditions of the supplier, manufacturer and/or merchant of the relevant Gift(s) which terms and conditions are separate from CIMB Bank s terms and conditions governing this Campaign. 14. Subject to terms and conditions herein, the Gift(s) will either be delivered to the Applicant(s) mailing address based on CIMB Bank s record via mail or to the Applicant(s) phone number based on CIMB Bank s record via SMS within twelve (12) to fourteen (14) weeks after the end of the Campaign Period. CIMB Bank will not entertain any request from any Applicant to deliver the Gift(s) to any third party s address. 15. It shall be the Applicant(s) responsibility to ensure his/her phone number(s) and mailing address provided are current and updated in CIMB Bank s record. The notification and delivery of Gift by CIMB Bank will be based on the Applicant(s) phone number(s) and mailing address maintained in CIMB Bank s records. CIMB Bank shall not be responsible to the Applicant(s) for non-delivery of the Gift(s) or any loss (including loss of opportunity and consequential loss flowing there from) suffered in the event the Applicant(s) telephone number(s) and/or mailing address in CIMB Bank s record is not current or correct. 16. The Applicant(s) credit card account MUST be valid and/or activated, MUST be in good standing and MUST NOT be in breach of any of the terms and conditions in CIMB Cardholder Terms and Conditions and/or CIMB Clicks Internet Banking Agreement and MUST NOT be invalid, cancelled or terminated within CIMB Bank s definition at the point of delivering the Gift(s) otherwise the Applicant(s) will be disqualified from receiving the Gift(s) and shall not be entitled to any compensation. 17. For avoidance of doubt, supplementary credit cardholders are not entitled to the Gift(s) under this Campaign. 18. The Applicant(s) agrees and authorises CIMB Bank to disclose their details (including but not limited to their names, NRIC numbers, phone numbers and mailing and electronic mailing addresses) to the distributor/agent appointed to deliver the Gift(s). All Gift(s) under the Campaign may vary and subject to stock availability. CIMB Bank reserves the right to substitute any Gift(s) under this Campaign with another item of similar value during the Campaign Period. 19. To the fullest extent permitted by law, CIMB Bank expressly excludes and disclaims any representations, warranties, or endorsements, express or implied, written or oral, in respect of the Gift(s) unless the same is due to the gross negligence or willful default of CIMB Bank. All risks, loss, damage and/or injury associated with the use of the Gift(s) shall be assumed by the Applicant(s). General Terms and Conditions 20. By participating in this Campaign, the Applicant(s) is deemed to have read, understood and agreed to be bound by the Terms and Conditions herein and agree that any or all decisions made by CIMB Bank shall be final, binding and conclusive provided always that the decision must appear to be fair and reasonable 21. CIMB Bank reserves the right at its sole discretion to disqualify any Applicant(s) that it determines to be tampering with the entry process or to be acting in breach or potential breach of these Terms and Conditions. 22. CIMB Bank will not assume any responsibility for the Gift(s) provided under this Campaign. The Gift(s) are offered and/or provided solely by the relevant vendors and providers, under such terms and conditions as determined by such vendors and providers, and CIMB Bank shall not be liable (including but not limited to, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or 4
special damages of any party) howsoever arising whether in contract, tort or otherwise in connection with the Campaign unless the same is due to the gross negligence or willful default of CIMB Bank. 23. CIMB Bank will not entertain any complaint whatsoever in connection with such 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 such Gift(s) by CIMB Bank. If any Applicant(s) is dissatisfied with any of the Gift(s), such Applicant(s) shall seek recourse with the relevant vendor/ provider directly. 24. By participating in this Campaign, the Applicant(s) hereby irrevocably and unconditionally undertakes to fully absolve CIMB Bank of all liabilities and agrees to indemnify CIMB Bank (on full indemnity basis) and hold CIMB Bank harmless against any claim by third party, and against any loss, damage, cost and expense (including solicitor s fees and cost)that CIMB Bank may suffer or incur as a result of or in connection with this Campaign unless the same arise from and are caused directly by CIMB Bank s gross negligence or willful default. 25. CIMB Bank reserves the right to cancel, terminate or suspend this Campaign upon giving prior notice of fourteen (14) calendar days. For the avoidance of doubt, cancellation, termination or suspension by CIMB Bank of this Campaign shall not entitle the Applicant(s) 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 of this Campaign. 26. 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 the Applicant(s) in respect of the Amendment, cancellation, termination, suspension of this Campaign or any other notices to be given by CIMB Bank to the Applicant(s) under this Campaign 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 Applicant(s) as from the date of notification of the Amendment or from such other date as may be specified by CIMB Bank in the notification. Applicant(s) acknowledges and agrees 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. No compensation in cash or any kind shall be given to the Applicant(s) for any losses or damages suffered or incurred by the Applicants as a direct or an indirect result of such variation, deletion, addition or alteration of the Terms and Conditions herein and/ or the extension, modification, cancellation, suspension or termination of this Campaign. 27. The Terms and Conditions (as the same may be amended from time to time pursuant to Clause 26 above) shall be read in conjunction with the prevailing terms and conditions in CIMB Cardholder Terms and Conditions and/or CIMB Clicks Internet Banking Agreement and shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional materials of the Campaign. 28. CIMB Bank does not warrant that the Campaign shall be uninterruptible and/or error free. By participating in the Campaign, the Applicant(s) hereby acknowledges and irrevocably agrees that CIMB Bank shall not in any manner whatsoever be liable for any technical or system failures of any kind, whatsoever intervention, interruption and/or any electronic or human error arising from and under the Campaign unless the same is due to the gross negligence or wilful default of CIMB Bank. CIMB Bank shall not be liable or held responsible to the Applicant(s) 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. 5
29. If there is any inconsistency(ies), conflict(s), ambiguity(ies) or discrepancy(ies) between the English and the Bahasa Malaysia versions or versions in any other languages of the Terms and Conditions herein, the English version of these Terms and Conditions shall prevail. Notwithstanding the aforementioned where request is made by the Applicant(s) and noted and acknowledged by CIMB Bank in its records that the Bahasa Malaysia version of these Terms and Conditions shall govern the operation of the Applicant(s) credit card account, then the Bahasa Malaysia version of these Terms and Conditions shall prevail. 30. For feedbacks and/or complaints related to the Campaign, the Applicant(s) may contact CIMB Bank s Customer Resolution Unit bearing the following mailing and electronic mailing addresses, telephone and facsimile numbers (or bearing such other mailing and electronic mailing addresses, telephone and facsimile numbers which CIMB Bank may change by notification to the Applicant(s)): Customer Resolution Unit, Level 19, Menara Bumiputra-Commerce, 11 Jalan Raja Laut, 50350 Kuala Lumpur Tel: 03 6204 7788 Fax: 603 2691 3248 Email : cru@cimb.com 6