1 CIMB Live your Dream Campaign Terms and Conditions 1. The CIMB Live your Dream Campaign ( the Campaign ) is jointly organised by CIMB Bank Berhad (13491-P) ( CIMB Bank ) and CIMB Islamic Bank Berhad ( H) ( CIMB Islamic ). Any reference to CIMB hereunder refers to CIMB Bank and/or CIMB Islamic, as the case may be. The Campaign Period 2. The Campaign shall run from 1 December 2015 to 29 February 2016, both dates inclusive ( the Campaign Period ). 3. CIMB reserves the right upon giving adequate prior notice of fourteen (14) calendar days to change the duration and/or the commencement and/or expiry dates of the Campaign Period. Eligibility and Qualifying Criteria 4. This Campaign is open to all principal credit cardholders (except CIMB s Platinum Business Card) issued by CIMB in Malaysia and whose mobile numbers are registered with Maxis, Celcom, Digi or U-Mobile telecommunication service providers and maintained in CIMB s record ( Eligible Participant(s) ). Eligible Participant(s) who sent SMS(s) from a mobile number that is not maintained in CIMB s records shall not be entitled to participate in this Campaign. The CIMB credit card accounts of the Eligible Participant(s) are hereinafter collectively referred to as the Participating Credit Card Accounts. 5. The following categories of persons shall NOT be eligible to participate in the Campaign:- i) Permanent, contract and/or temporary staff or employees of CIMB(including its subsidiaries and related companies) and their immediate family members (i.e. spouses, children, parents, brothers and sisters); and/or ii) Representative and/or agents (including advertising and promotion agents) of CIMB, VISA Worldwide Pte. Limited, a company registered in Singapore, having its office at 30, Raffles Place, #10-00, Chevron House, Singapore ( VISA ) (including its respective subsidiaries and related companies) 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 ( MasterCard ) (including its respective subsidiaries and related companies). 6. To participate in this Campaign, the Eligible Participant(s) must first register his/her participation in the Campaign either:- (a) (b) by responding to CIMB s short message service ( SMS ) sent to his/her mobile number maintained in CIMB s records and typing Y or Y1 or Y2 or Y3 or Y6 or Y7 and sending the same to during the Campaign period; or by sending an SMS by typing Y4 or Y5 or Y8 or Y9 or B or B1 or B2 or B3 or B4 or B5 or B6 or B7 or B8 or B9<space> last 6 digits of the Eligible Participant s NRIC number and
2 sending to during the Campaign Period using the mobile number maintained in CIMB s records. 7. The Eligible Participant(s) shall bear the standard telecommunications charges imposed for each SMS sent. 8. Upon successful registration of the participation of the Eligible Participant(s) in accordance with Clause 6, the Eligible Participant(s) shall receive a confirmation SMS from CIMB. 9. In the event the SMS registration is incomplete, an SMS will be sent to the Eligible Participant(s) s mobile number at no cost notifying them to re-register via SMS. Eligible Participant(s) must ensure they have keyed in the correct last 6 digits of their NRIC number in the SMS. 10. Upon successful registration of the participation of the Eligible Participant(s), all his/her Participating Credit Card Accounts shall then be automatically tracked for the purpose of tabulating the number of entries for the Campaign. Participation Criteria& Prizes 11. Upon successful registration as per Clause 8 above, the Eligible Participant(s) must make retail spending transactions (as defined in Clause 15 herein) using their Participating Credit Card Accounts in the manner explained below to earn entries during the Campaign period to stand a chance to win the Daily Prize(s) and/or Grand Prize (as explained in Clause 12 & 14 herein):- Days of approved Retail Spending Transactions Monday, Tuesday, Wednesday, Thursday, Friday Saturday, Sunday Retail Spending Transactions approved by CIMB during the Campaign Period Every RM50 retail spend in a single receipt Every RM50 retail spend in a single receipt Number of Entries 1 entry 2 entries 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 s prevailing exchange rate. Grand Prizes 12. Subject to the terms and conditions herein, the Eligible Participant shall earn and accumulate entries starting from the first (1 st ) day of the Campaign to be in the running to win one (1) of the Grand Prize during the Campaign Period in the following manner:- Category Prize No. of Prizes Grand Prize 1 One (1) unit of property at North Kiara located at Bukit Segambut worth approximately*rm570,800.
3 *The value stated above is not conclusive and is not based on any official valuation done by CIMB. 1 **Specifications of the above Grand Prize 1 are as follows: Size: Approximately 713 square feet 2 bedrooms + 2 bathrooms Developer: Maxim Development Sdn Bhd Project : Suria Service North Kiara ** The size stated above is estimated and based on the information given by the Developer and the same shall not be guaranteed by CIMB to be accurate. Grand Prize 2 One (1) unit of BMW 318i 1 Grand Prize 3 RM100,000 Cash/ Cash Back Subject to terms and conditions herein, the Eligible Participant(s) shall earn and accumulate entries starting from the first day of the Campaign to be in the running to win one (1) of the Grand Prizes regardless of the date of registration of the Eligible Participant(s) participation in the Campaign provided that the registration is made within the Campaign Period. Please refer to an example below. Example: Eligible Participant A has made multiple retail transactions with his CIMB credit card since 1 December 15. However, Eligible Participant A only successfully registered for the Campaign on 10 December 15. Regardless of the registration date, all of Eligible Participant A s retail transactions from 1 December February 16 which meet the retail spending requirement will still be accumulated to be in the running to win one (1) of the Grand Prize during the Campaign Period as long as Eligible Participant A has successfully registered for the Campaign within the Campaign Period. Daily Prizes 14. Subject to the terms and conditions herein, the Eligible Participant(s) shall earn and accumulate entries starting from the day in which he/she successfully registered for the Campaign to be in the running to win one (1) of ten (10) Daily Prize(s)whereby Malaysian time 0000 hours to 2349 hours (24 hours) would be considered one day during the Campaign Period and the total number of Daily Prizes will be as following:- Category Cash Back Prize No. of Winners Total Winners during Campaign Period Daily Prize RM per day Retail spending transactions for the Campaign will be the local, overseas and/or online retail spending charged to any of Participating Credit Card Accounts during the Campaign period. Retail spending transactions shall mean purchase transactions for goods and services incurred for personal consumption using the Participating Credit Card Accounts and shall not include
4 betting or 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 s Platinum Business Card; ii) Quasi Cash transactions (example: betting and/or gaming transactions); iii) Monthly instalments under any instalment payment facility provided by CIMB; 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 or otherwise; vi) Transactions for payments made towards insurance premiums and/or takaful contributions of any kind whatsoever; and vii) Cash advance/withdrawal/deposit transactions; viii) Retail spending transactions which are subsequently cancelled or refunded, disputed, unauthorised or fraudulent. Any determination by CIMB as to what constitutes retail spending transaction shall be conclusive and shall not be challenged in any manner whatsoever unless the same appears as grossly unfair or unjust. 16. Retail spending transaction for the purposes of the Campaign shall be calculated on the total consolidated (principal and supplementary/ies) credit card spending of the Eligible Participant. If the Eligible Participant has multiple credit card accounts, the retail spending transactions made on all of his/her Participating Credit Card Accounts including principal and supplementary credit card accounts shall be consolidated and not be viewed individually. Please refer to an example below. Eligible Participant A has 1 CIMB principal credit card and 2 supplementary CIMB credit cards. All transactions on any of these credit cards which meet the retail spending requirement will be accumulated to tabulate the total entries eligible for the Campaign. 17. The tracking of the retail spending transactions is based on the transaction dates and/or time (Malaysian Time) as captured by CIMB transaction records during the Campaign Period. 18. CIMB 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. Winners Selection Process The prizes as stated in clause 12 and 14 will be available to the selected winners of the Campaign in the following manner:- 19. After the end of the Campaign Period, the Eligible Participants(s) shall be randomly selected by an automated selection system based on the Entries earned by the Eligible Participant(s) during the Campaign Period, for the following Prizes:-
5 i) Daily Prize(s) Subject to the terms and conditions herein, the Bank s automated system will generate ten (10) potential winners for the Daily Prizes each day based on the Entries ( The Potential Daily Prize Winner ) during the Campaign Period. An SMS notification will be sent only once to the Potential Daily Prize Winner and he/she will 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 was sent to the potential winner. The deadline (i.e. date and time) to answer the question shall be specified in the SMS. The Potential Daily Prize Winnerwho replies with the correct answer will be confirmed as a winner of the Daily Prizes. In the event the Potential Daily Prize Winner does not answer correctly or did not reply within the given deadline, he/she will be disqualified from winning the Daily Prize and the Daily Prize will be forfeited. The forfeited prize will not be given to the next potential winner. For avoidance of doubt, standard telecommunications charges for the SMS response will apply and shall be borne by the Potential Daily Prize Winner. ii) Grand Prize(s) Subject to the terms and conditions herein, the Bank s automated system will generate a list of potential winners ( the List ) of whom will be drawn in the following order; Grand Prize winner 1 followed by Grand Prize winner 2 and followed by Grand Prize winner 3 ( Potential Grand Prize Winners ). The Potential Grand Prize Winners shall be contacted via telephone at their mobile number maintained in CIMB s records within twelve (12) weeks after the end of the Campaign period and shall be required to answer two (2) questions correctly before being declared the respective Grand Prize winner. If the first attempt to call the Potential Grand Prize Winner fails, i.e. due to reasons such as no answer, telephone number not in service, no connection or any other reasons, another two (2) attempts will be made to call the Potential Grand Prize Winner. Where the third (3 rd ) attempt is unsuccessful, such Potential Grand Prize Winner will be disqualified and will not be entitled to win the respective Grand Prize. The next-in-line Potential Grand Prize Winners who were initially drawn based on the list shall then be promoted to win the higher tier of the Grand Prize. Please refer to an example below:- Example: Due to Potential Grand Prize Winner 1 un-contactable after 3 attempts, Potential Grand Prize Winner 2will then be promoted to Potential Grand Prize Winner 1 and Potential Grand Prize Winner 3 will be promoted to Potential Grand Prize Winner 2. The Potential Grand Prize Winner 3 will then be drawn again. 20. CIMB has the sole discretion to fix the appointed date (Monday-Friday) and time (9am-6pm) to make the telephone calls to the Potential Grand Prize Winners. CIMB shall not be held responsible for calls made to the Potential Grand Prize Winnerswhich are (i) not completed or disconnected due to any reasons whatsoever; (ii) not answered or not proceeded with due to the unavailability of the Potential Grand Prize Winners at the appointed date and time and/or due to any other whatsoever reasons. It shall be the principal Eligible Participant s responsibility to ensure their phone numbers provided are current and updated with CIMB in the event of any changes being made to the same by the principal Eligible Participant(s). CIMB reserves the right to record these telephone conversations.
6 21. At the time of selection of the Campaign winners, the Participating Credit Card Account(s) of the selected Eligible Participant(s) MUST be in good standing and MUST NOT be in breach of any of the terms and conditions of the CIMB credit card agreement or delinquent, and/or be invalid or cancelled as otherwise they will be disqualified from participating or being selected as the Campaign winner(s). 22. For the avoidance of doubt, the drawing of the winners for the Daily Prizes and the Grand Prizes (stated in Clause 19 (i) and (ii)) shall be carried out simultaneously. 23. An Eligible Participant is eligible to win a maximum of three (3) Daily Prize(s) and/or one (1) Grand Prize during the Campaign Period. 24. The Daily Prize will be credited to the principal Eligible Participant s Participating Credit Card Account within 12 weeks after the end of the Campaign Period. 25. The Grand Prize Winners shall receive CIMB s notification letter within twelve (12) weeks after the campaign period. 26. The Grand Prize Winner 1 will also have to comply with the following additional terms: (a) the winner must sign and return to the developer the developer s usual form of sale and purchase agreement, deed of mutual covenants and all related documents as may be required by the developer by 31 May 2016 or such other dates as may be determined by CIMB and notified by CIMB to the winner and to comply with the terms of such documents; (b) the winner must have full legal capacity to own the Grand Prize 1 and must not be prohibited by any law or regulation to own the Grand Prize 1; (c) the Grand Prize 1 shall be subject to all the conditions and category of land use express or implied or imposed upon the Grand Prize 1. The winner shall be responsible, at its own costs and expense, in obtaining all the necessary approvals (if applicable) from the relevant authorities to enable the transfer of the Grand Prize 1 to the winner. CIMB shall not be held responsible in any way whatsoever if the winner is unable to obtain the necessary approvals to transfer the Grand Prize 1 to him/her or the Grand Prize 1 cannot be transferred to the winner for any reason whatsoever; (d) the size of the Grand Prize 1 stated above is only estimated and not guaranteed to be accurate. CIMB shall not be responsible for any discrepancy in the size of the Grand Prize 1; (e) save and except for the purchase price of the Grand Prize 1 which shall be borne by CIMB, all stamp duties, legal fees, disbursement fees, registration fees, processing fees, service charges, maintenance charges and all other incidental costs and charges incurred to acquire the Grand Prize 1 or the costs of preparation of any other incidental documents in relation thereto, shall be borne by the winner. The entitlement to the Grand Prize 1 will be forfeited if the winner fails to pay such fees and charges in a timely manner or fails to comply with the terms and conditions imposed on the Grand Prize 1 (including but not limited to the terms and conditions imposed by the developer); (f) all current and future property taxes (such as quit rent and assessment), insurance, and all other taxes, renovation costs, utilities, outgoings, costs, fees, and expenses related to the maintenance of the Grand Prize 1 shall be the full responsibility of the winner commencing from the date the Winner accepts the Grand Prize 1 from CIMB;
7 (g) (h) (i) (j) in the event the market value of the Grand Prize 1 is for any reason lower than the purchase price/value stated in Clause 12 above, CIMB shall not be liable in any way whatsoever for the difference between the market value and the purchase price/value and the winner shall not be entitled to make any claims in respect of such difference; the Grand Prize 1 is under construction and will be completed within the period stated in the sale and purchase agreement; and the winner of the Grand Prize 1 is NOT allowed to nominate another person/entity to receive the Grand Prize 1. If the Grand Prize 1 winner fails to strictly comply with the terms and conditions stated herein, CIMB reserves the right to forfeit the Grand Prize 1 from the said winner and select another Grand Prize winner 1. In such event, CIMB will not be held liable or responsible for any costs or losses incurred by the said winner. 27. The Grand Prize Winner 2 shall be wholly responsible for the payment of all taxes, insurance and/or all other miscellaneous charges relating to the Grand Prize 2. CIMB shall NOT be responsible to bear the cost for the road tax, car insurance, cost of transporting the vehicle to the respective Grand Prize2Winner and/or any other incidental cost. 28. The Grand Prize Winner 3 shall be entitled to select if he/she wants to have the RM100,000 cash back credited into his/her CIMB credit card account or his/her CIMB current or savings account. The Grand Prize Winner 3 can select the fulfilment method by notifying the CIMB Customer Service officer during the winner selection telephone call made to him/her. In the event that the Grand Prize Winner 3 does not have a CIMB current or savings account, he/she will need to open a CIMB current or savings account at any of CIMB branches and revert the account details to CIMB Customer Service within 5 working days after the call is made by ing/calling back CIMB Customer Service. The RM100,000 cash back will be credited into the Grand Prize winner 3 s selected account within twelve (12) weeks after the end of the campaign period. 29. The winners of the Campaign agree and authorize CIMB to disclose their details (including but not limited to name, NRIC number, telephone number and address) to the distributor/agent who would then contact the winners regarding the delivery or redemption of the Prizes. The winners are responsible to make the necessary arrangements with CIMB and/or its developer/distributor/agent to collect or redeem their prize(s). CIMB 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 using the Prizes. 30. The winners of the Campaign shall be required to attend the prize presentation ceremony and/or other publicity programs as and when required at their own costs and expenses. If the winners fail to attend such ceremony and/or other publicity programs without valid reason(s), CIMB reserves the right to forfeit the prize(s) of the winners and select another winner. General Terms and Conditions 31. By participating in the Campaign, the Eligible Participants are deemed to have read, understood and agreed to be bound by the Terms and Conditions herein and the decisions of CIMB. Decision of CIMB and/or CIMB s judges in relation to the Campaign shall be final, binding and conclusive. CIMB reserves it absolute rights and discretion to disqualify and/or reject any Eligible
8 Participants that it determines or reasonably suspects to be tampering with the process or the operation of the Campaign, or to be acting in breach of the Terms and Conditions herein. 32. By participating in the Campaign, the Eligible Participants hereby consent to and agree that CIMB shall be entitled to publish and/or display materials and/or information, including but not limited to the names and photographs of the Eligible Participants who win the Grand/Daily Prize for this Campaign ( Winners ) for advertising and publicity purposes in any manner it deems appropriate. Non-compliance may result in an alternative winner being chosen. 33. CIMB will not assume any responsibility for the prizes, products and/or services offered under the Campaign. The prizes, products and/or services 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 accept no liability (including without limitation, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party including third party) howsoever arising whether in contract, tort, negligence or otherwise in connection with the Campaign, and all such damages are expressly excluded. 34. By participating in the Campaign, the Eligible Participants hereby agree not to hold the Bank liable in the event that the Bank is unable to perform in whole or in part of any of its obligations herein, attributable directly or indirectly to the failure of any mechanical or electronic device, data processing system, transmission line, electrical failure, industrial dispute, any act beyond the Bank's control or due to any factor in a nature of a force majeure. Any inability to provide the prizes due to the non-completion and/or non-availability of the respective products by the developer/distributor/vendor shall be treated as an event of force majeure and the Bank is entitled to substitute or replace the prizes with prizes of similar or equivalent cost. 35. CIMB will not entertain any complaint(s) whatsoever in connection with the prizes. The prizes have not been certified by CIMB and under no circumstances shall the inclusion of any prizes in this Campaign be construed as an endorsement or recommendation of the prizes by CIMB. CIMB s liability with regard to the Grand Prizes is only to pay the purchase price for the same to the developer/distributor/agent. 36. By acceptance or receipt of a prize, the prize winner agrees to hold that CIMB and its affiliates and their respective directors, officers, employees and agents harmless from any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by CIMB and its affiliates and their respective directors, officers, employees and agents in connection with such prize winner s participation in the Campaign or receipt, redemption or use of the prize. CIMB shall not be liable to any Eligible Participant or any party for any loss or damage of whatsoever nature suffered by the Eligible Participant or any party (including but not limited to, loss of income, profits or goodwill, direct or indirect, incidental, consequential, exemplary, punitive or special damages of any party) howsoever arising, in relation to the participation or non-participation in the Campaign unless the same is due to the gross negligent and default of CIMB. 37. CIMB reserves the right to substitute and/or replace the Prizes(s) offered under this Campaign with prizes(s) of similar or equivalent cost(s) by giving prior notice of fourteen (14) calendar days to the Eligible Participants.
9 38. CIMB shall be entitled to amend, vary, delete, add or alter( the Amendment ) to any of these Terms and Conditions or any part thereof by giving prior notice of twenty one (21) 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 amendment, variation, deletion, addition or alteration of the Terms and Conditions herein unless the same is due to the gross negligent and default of CIMB. 39. Notification to the Eligible Participant in respect of the Amendment shall be effected at CIMB 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 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 s choice, or via CIMB s website or via electronic mail or by any other means of notice which CIMB 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 in the notification. 40. The Terms and Conditions herein (as the same may be amended from time to time pursuant to Clause 38 shall be read in conjunction with the prevailing terms and conditions in CIMB card and/or account agreement and/or relevant products and shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional and/or advertising materials in relation the Campaign. 41. The prize images, props and designs featured in any of the advertising materials including website and all printed materials in relation the Campaign are for illustration purposes only. Actual models/products/colour may vary. 42. 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 the Terms and Conditions herein shall prevail. Notwithstanding the aforementioned where request is made by the Eligible Participants and noted and acknowledged by CIMB in its records that the Bahasa Malaysia version of the terms and conditions shall govern the operation of the Campaign, then the Bahasa Malaysia version of the Terms and Conditions shall prevail. 43. For feedbacks and/or complaints related to the Campaign, Eligible Participants may contact CIMB s Customer Resolution Unit bearing the following address, telephone and facsimile numbers (or bearing such other address, telephone and facsimile numbers which CIMB may change by notification to the Eligible Participants): Customer Resolution Unit, Level 19, Menara Bumiputra-Commerce, 11 Jalan Raja Laut, Kuala Lumpur Tel: /Fax: /