TERMS AND CONDITIONS CIMB Always Better – Swipe and Win Campaign 1. This Campaign is organised and conducted by CIMB Bank Berhad (13491-P) (“CIMB Bank”). The Campaign Period 2. The “CIMB Always Better- Swipe and Win” (“this Campaign”) shall run from 16 March 2015 to 31 May 2015, both dates inclusive (“Campaign Period”). 3. CIMB Bank reserves the right upon giving adequate prior notice to change the duration and/or the commencement and/or expiry dates of the Campaign Period. Eligibility 4. This Campaign is open to all principal credit cardholders (save and except for CIMB’s Platinum BusinessCard and CIMB Partner Cards), debit cardholders and CIMB Bank Kwik account holders holding credit, debit and Kwik cards issued by CIMB Bank and/or CIMB Islamic Bank Berhad (671380-H) (“CIMB Islamic”) in Malaysia (“Participating CIMB Credit Card, CIMB Debit Card and CIMB Bank Kwik Card”) only whose mobile numbers are registered under Maxis, Celcom, Digi or U-Mobile telecommunication service provider and maintained in CIMB Bank/CIMB Islamic’s record save and except for those parties referred to in Clause 5 hereof (“Eligible Participant”). The CIMB Bank/CIMB Islamic accounts for the principal and supplementary credit and debit cards and Kwik accounts for the Eligible Participant are hereinafter collectively referred to as the “Participating Accounts”. 5. The following categories of persons are not eligible to participate in this Campaign: i) ii) Sole-proprietorships, Partnerships, Charitable/Non-profit Organizations/Societies, Corporate and Commercial Customers; 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 048622 (“VISA”) 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 10577-2509, United States of America (“MasterCard”) (including their respective subsidiaries and related companies). Registration Criteria 6. To participate in this Campaign, the Eligible Participant who is a principal cardholder must register his/her participation in this Campaign either by:(a) responding to CIMB Bank’s short message service (“SMS”) sent to him/her during the Campaign Period by way of a reply SMS by typing CASH1/CASH9 and sending the same to 62666; or (b) SMS by typing CASH, CASH2-8<space>last 6 digits of NRIC and send to 62666 during the Campaign Period. 1 The Eligible Participant who is a principal cardholder shall bear the standard telecommunications charges imposed for each SMS sent. All his/her Participating Accounts shall then be automatically tracked for the purpose of tabulating the Eligible Transactions (defined in Clauses 13 and 14 below). 7. The Eligible Participant must register their SMS participation with the mobile number registered under Maxis, Celcom, DiGi or U-Mobile telecommunications service provider only that is maintained in CIMB Bank records. SMS that is sent from a mobile number that is not maintained with CIMB Bank will not be eligible to participate in this Campaign. 8. Registration can be performed by the Eligible Participant who is a principal cardholder only. 9. Upon successful registration, the Eligible Participant who is a principal cardholder will receive a confirmation via SMS. Such confirmation will be sent to the mobile number used for the registration. An SMS registration shall not be deemed as successful unless the Eligible Participants who is a principal cardholder receive a confirmation SMS from 62666. 10. In the event the registration SMS is incomplete, an SMS will be sent to the Eligible Participants who is a principal cardholder at no cost notifying them to re-register via SMS. Eligible Participants who is a principal cardholder must ensure that they have keyed in the correct last 6 digits of their NRIC in the SMS. Participation Criteria 11. Upon successful registration as per Clause 9 above, the Eligible Participant must swipe a minimum of 5 transactions with minimum RM50 spend per transaction on their Participating CIMB Credit Card, CIMB Debit Card or CIMB Bank Kwik Card (“Minimum Weekly Transactions”), within ONE (1) Participating Week (as defined below). 12. Once the Eligible Participant satisfies the participation criteria above in any Participating Week as per the table below, the Eligible Participant stands a chance to receive RM100 Cash Back (“Cash Back”) subject to availability of the Cash Back for that Participating Week on a first-come, first-served basis. Participating Weeks Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Participating Weeks Dates 16 March 2015 – 22 March 2015 23 March 2015 – 29 March 2015 30 March 2015 – 5 April 2015 6 April 2015 – 12 April 2015 13 April 2015 – 19 April 2015 20 April 2015 – 26 April 2015 27 April 2015 – 3 May 2015 4 May 2015 – 10 May 2015 11 May 2015 – 17 May 2015 18 May 2015 – 24 May 2015 25 May 2015 – 31 May 2015 Total Cash Back (RM) Weekly Cash Back Allocation (RM) 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 550,000 2 The Cash Back allocation shall be subject to the following allocation by product:- Cash Back Capping Weekly Capping Campaign Capping CIMB Credit Card (RM) 43,000 CIMB Debit Card (RM) 5,000 CIMB Bank Kwik Card (RM) 2,000 473,000 55,000 22,000 Total Cash Back Allocation (RM) 50,000 550,000 Eligible Transactions 13. Subject to the terms and conditions herein, Eligible Transactions for this Campaign will be the local, overseas and online retail spending charged to any of the Eligible Participant’s Participating Accounts, as per the Participation Criteria in Clause 11 above within the Campaign Period. Retail spending shall mean purchase transactions for goods and services incurred for personal consumption and not for business purposes 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 eligible retail transactions or retail spending:i) ii) iii) iv) v) vi) vii) viii) ix) x) Transactions made on CIMB’s Platinum BusinessCard and CIMB Partner Card; Quasi Cash transactions – (example: betting and/or gaming transactions); Monthly instalments under any instalment payment facility provided by CIMB Bank/CIMB Islamic or any other banks; Standing instructions/ auto-payment service; 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/CIMB Islamic or otherwise; Transactions for payments made towards insurance premiums and/or takaful contributions of any kind whatsoever; Cash advance/withdrawal/deposit transactions; Transactions made by the Eligible Participant with any merchant associated with or controlled by them or their family members (whether as employee, employer, shareholder or director) i.e. transactions by the Eligible Participant with any corporation or business entity in which he is and/or any of his family members are employee or employer or works with or has shares or interest in or is a director of shall not be treated as an Eligible Transaction; Qualifying purchase transactions which are subsequently cancelled or refunded, disputed, unauthorised or fraudulent transactions; and MEPS e-Debit transactions. For multiple transactions made with the same merchant within the same day, only the earliest transaction with the minimum spending of RM50 will be considered for purposes of this Campaign and the Eligible Participant would be deemed to have only effected one (1) Eligible Transaction. 3 Example: Scenario 1: Cardholder A has made multiple purchases with Merchant B on 16 March 2015: Eligible Eligible Transaction Transaction Time of Transaction Transaction Merchant amount no. transaction (Minimum counted (RM) RM50) 1 B 45 8.00am No No 2 B 100 2.00pm Yes Yes 3 B 95 2.05pm Yes No 4 B 50 2.08pm Yes No 5 B 40 2.10pm No No For Scenario 1, the earliest transaction which is transaction no. 2 will only be counted as Eligible Transactions on 16 March 2015 made with Merchant B. Scenario 2: Cardholder A has made multiple purchases with Merchant B, C and D on 16 March 2015: Eligible Eligible Transaction Transaction Time of Transaction Transaction Merchant amount no. transaction (Minimum counted (RM) RM50) 1 B 70 8.00am Yes Yes 2 C 100 2.00pm Yes Yes 3 D 95 2.05pm Yes Yes 4 D 50 2.08pm Yes No 5 D 40 2.10pm No No For Scenario 2, the earliest transactions for each merchant which are transactions no.1, 2 and 3 will only be counted as Eligible Transactions on 16 March 2015. Transaction no.4 is not counted as it is the second transaction with the same merchant, Merchant D. Any determination by CIMB Bank/CIMB Islamic as to what constitutes retail spending shall be conclusive and binding and shall not be challenged in any manner whatsoever. 14. Eligible Transactions are calculated based on the total transactions made on each product, i.e. Participating CIMB Credit Card, CIMB Debit Card or CIMB Bank Kwik Card. In the event the Eligible Participant has multiple Participating CIMB Credit Card accounts, the Eligible Transactions made on all Participating CIMB Credit Card by the principal credit card cardholder and his/her supplementary/ie(s) credit card cardholder(s) will be consolidated and will not be viewed individually to meet the respective Eligible Transactions and Participation Criteria for each Participating Week within the Campaign Period. Example: Cardholder A has a CIMB World MasterCard credit card, a CIMB Visa Infinite credit card and 2 supplementary CIMB Visa Infinite credit cards. All transactions on any of those Participating CIMB Credit Cards will be consolidated and not viewed individually to meet the respective Eligible Transaction and Participation Criteria of this Campaign. 4 15. The tracking of the retail spending for each Participating Week is based on the transaction dates and/or time (Malaysian Time) as captured by CIMB Bank/CIMB Islamic transaction records during the Campaign Period. CIMB Bank/CIMB Islamic 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. Cash Back Terms and Conditions 16. Upon satisfying the Participation Criteria in a Participating Week and the terms and conditions herein, the Eligible Participant is eligible to receive the RM100 Cash Back subject to the availability of the Cash Back for that Participating Week which is given on a first-come, first-served basis. 17. Eligible Participant is entitled to:(a) (b) get a maximum of RM100 Cash Back each for spending on Eligible Transactions by using either their Participating CIMB Credit Card, CIMB Debit Card or CIMB Bank Kwik Card for each Participating Week; and win Cash Back up to a maximum of only two (2) times per product throughout the Campaign Period. 18. There is a maximum of RM550,000 Cash Back to be given out throughout the Campaign Period, capped at a maximum of RM50,000 for each Participating Week. 19. The Cash Back for each Participating Week will be awarded based on the date and/or time of Eligible Transactions made by the Eligible Participant for purposes of meeting the Minimum Weekly Transactions in a Participating Week. 20. If the Cash Back allocated in the respective Participating Weeks are not fully utilized, the balance Cash Back that are not utilized will be brought forward to the next Participating Week. 21. For purposes of this Campaign, any Eligible Transactions made by the supplementary/ie(s) Participating CIMB Credit Card cardholders of the Eligible Participant will be taken into account for the calculation of the Eligible Transaction. However, only the principal CIMB Credit Card cardholder, CIMB Debit Card cardholder and CIMB Bank Kwik Card cardholder shall be entitled to receive the Cash Back. 22. The Cash Back will be credited into the Eligible Participant’s Participating Account within six (6) to eight (8) weeks after every Participating Week. The Winner (hereinafter defined) will be notified via SMS and the Winners’ list will be posted on CIMB Bank ’s website at www.cimbbank.com.my. 23. At the time of crediting the Cash Back, the Participating Accounts of the Eligible Participant MUST NOT be delinquent, and/or invalid or cancelled within CIMB Bank’s definition, otherwise the Eligible Participant will be disqualified from participating or receiving the Cash Back under this Campaign. 24. If the Weekly Capping of RM50,000 is inadequate to fulfil the total Cash Back amount of all the Eligible Participant within a Participating Week, the Cash Back will be awarded to the Eligible Participant based on the following order of priority:- 5 i) ii) iii) Those whose Eligible Transactions reached the Minimum Weekly Transactions amount on the earliest date and/or time in that Participating Week; If there’s a tie in reaching the Minimum Weekly Transactions on the earliest date and/or time, the Eligible Participant with the highest total monetary amount of all Eligible Transactions made in that Participating Week will be awarded with the Cash Back; and If there's a tie in the total monetary amount of all the Eligible Transactions made in that Participating Week, the Eligible Participant with the highest total monetary amount of all retail spending (as defined in Clause 13) made in that Participating Week will be awarded with the Cash Back. If the Eligible Transactions for the Participating CIMB Credit Card, CIMB Debit Card and CIMB Bank Kwik Card for the Eligible Participant reached the Minimum Weekly Transactions amount on the earliest date and/or time in that Participating Week and in the event the Eligible Participant wins the Cash Back for his/her Participating CIMB Credit Card, it is not necessary that the Eligible Participant will also win for his/her Participating CIMB Debit Card and CIMB Bank Kwik Card due to the allocation of Cash Back by product pursuant to Clause 12 above. 25. CIMB Bank/CIMB Islamic will not entertain any request from any Eligible Participant or any other person to credit the Cash Back to the Eligible Participant’s other CIMB Bank/CIMB Islamic account or any third party account. General Terms and Conditions 26. CIMB Bank/CIMB Islamic, VISA and MasterCard reserve the right to publish or display the name and last 4 digits of NRIC number of the Eligible Participants who won the Cash Back for this Campaign (“Winners”) for advertising and publicity purposes in any manner it deems appropriate. By participating in this Campaign, the Winners hereby consent to and agree that CIMB Bank/CIMB Islamic, VISA and MasterCard shall be at liberty to publish their names and last 4 digit of their NRIC numbers without compensation for advertising and publicity purposes. Noncompliance may result in an alternative winner being chosen. 27. By participating in this Campaign, the Eligible Participant agrees to be bound by these Terms and Conditions and the decisions of CIMB Bank/CIMB Islamic. 28. CIMB Bank/CIMB Islamic shall be entitled to vary, delete or add to any of these Terms and Conditions or any part thereof and/or substitute or replace the Cash Back offered under this Campaign and/or to extend, modify, shorten, discontinue, cancel, terminate or suspend this Campaign (“Amendment”) by giving adequate notice to Eligible Participants. Notification to Eligible Participants in respect of the amendments of the Terms and Conditions shall be effected at CIMB Bank/CIMB Islamic’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 Amendments at each of CIMB Bank/CIMB Islamic’s branches or by effecting an advertisement regarding the Amendment in one newspaper of CIMB Bank/CIMB Islamic’s choice, via CIMB Bank/CIMB Islamic’s website or in any other mode as CIMB Bank/CIMB Islamic deems fit and the Amendment shall be deemed as binding on the Eligible 6 Participants as from the date of notification of the Amendment or from such other dates or may be specified by CIMB Bank/CIMB Islamic in the notification. 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 variation, deletion, addition or alteration of these Terms and Conditions and/or the extension, modification, cancellation, suspension or termination of this Campaign. 29. These Terms and Conditions (as the same may be amended from time to time pursuant to Clause 28) shall be read in conjunction with the prevailing terms and conditions governing CIMB Credit Card , CIMB Debit Card and/or CIMB Bank Kwik account agreement to which the Eligible Participant may be subject and shall prevail over any inconsistent terms, conditions, provisions or representations contained in any other promotional materials advertising this Campaign. 30. CIMB Bank/CIMB Islamic, VISA and MasterCard will not assume any responsibility for the Cash Back offered under this Campaign. CIMB Bank/CIMB Islamic, VISA and MasterCard 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 this Campaign, even if CIMB Bank/CIMB Islamic, VISA and MasterCard have been advised of the possibility of such damages in advance, and all such damages are expressly excluded. 31. By acceptance or receipt of a Cash Back, the Winner agrees to hold harmless CIMB Bank/CIMB Islamic, VISA and MasterCard and its affiliates and their respective directors, officers, employees and agents from and against any claim, action, proceeding, judgment, damage, loss, expense or liability suffered by CIMB Bank/CIMB Islamic, VISA and MasterCard and its affiliates and their respective directors, officers, employees and agents in connection with such Winner’s participation in the Campaign or receipt, redemption or use of the Cash Back. 32. CIMB Bank/CIMB Islamic, VISA and MasterCard accept no responsibility for any tax implications that may arise from the Cash Back or the use thereof. Any tax filing obligation or any tax payment due to any authority as a result of receipt of the Cash Back remain the sole responsibility of the participant. It is the responsibility of each participant to seek independent advice on the possible implications this may have on his/her own financial situation. 33. For feedback and/or complaints related to this Campaign, the 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: 1 300 880 900 / Fax: 603 26913248/E-mail: [email protected]. 7
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