TERMS AND CONDITIONS Limited Edition Octo Campaign The Campaign 1. The Limited Edition Octo Campaign ( Campaign ) is organized by CIMB Bank Berhad (13491- P) ( CIMB Bank ) and shall run from 1 December 2017 to 31 May 2018, both dates inclusive ( Campaign Period ). 2. The Campaign is available at all CIMB Bank branches in Malaysia. 3. CIMB Bank reserves the right to change the duration and/or the commencement and/or expiry dates of the Campaign Period by giving fourteen (14) calendar days prior notice. Eligibility 4. Subject to the terms and conditions herein, the Campaign is open to all new and existing CIMB Bank Conventional Current Account and Savings Account accountholders (excluding Fixed Deposit, CIMB Islamic Bank Current Account-i and Savings Account-i, Flexi/-i and/or Flexi Smart/-i and Foreign Currency Account/Account-i) ( Participating Account(s) ) including non-residents, permanent or contract employees of CIMB Bank ( Eligible Customer(s) ). 5. The following persons/ entities shall NOT be eligible to participate in this Campaign: a) Representative and/or agents (including advertising and promotion agents) of CIMB Bank, Mastercard Worldwide Pte. Limited, a company organized in 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 representative subsidiaries and related companies); and/or b) Sole-proprietorships, Partnerships, Charitable/Non-profit Organizations/Societies, Corporate and Commercial Customers; and/or c) Individuals below the age of eighteen (18) years, except for CIMB Junior Savers Account & CIMB Youth Savers Account. 6. In relation to joint account holders, only the first named account holder i.e. the primary account holder shall be eligible to participate in the Campaign. For the purpose of this Campaign, the secondary joint accountholder(s) is NOT eligible to participate in this Campaign. 7. Permanent or contract employees of CIMB Bank are eligible to participate in the Campaign under CIMB non-salary Current Account or Savings Account. 8. For clarity, the campaign is open to CIMB Junior Savers Account and CIMB Youth Savers Account accountholder subject to the following conditions: 1
(i) For CIMB Junior Savers Account, the parent/ guardian shall sign the Declaration and Authorisation Form (as explained in Clause 11) and the Early Withdrawal Form. (ii) For CIMB Youth Savers Account, the youth and parent/ guardian shall sign the Declaration and Authorisation Form (as explained in Clause 11) and the Early Withdrawal Form Qualifying Criteria 9. No registration is required to participate in this Campaign. 10. To participate in this Campaign and be entitled to the Gift(s) as defined in Clause16 and subject to number of available Gift(s) as stated in Clause 18, the Eligible Customer(s) is required to fulfill the following criteria during the Campaign Period ( Qualifying Criteria ): a) Deposit the minimum deposit amount indicated in Table 1 below into the Participating Account(s) ( Minimum Deposit Amount ) using Fresh Funds (as defined in Clause 13); ; b) Maintain the Minimum Deposit Amount in the Participating Account(s) for three (3) months commencing from the date of placement of the Minimum Deposit Amount; c) The placement of the Minimum Deposit Amount into the Participating Account(s) shall comprise solely of Fresh Funds (as defined in Clause 13); ( Placement ); AND d) Sign the Declaration and Authorization Form (as explained in Clause 11) addressed to CIMB Bank at CIMB Bank Branch at the time of Placement. Table 1: Minimum Deposit Amount Minimum Deposit Amount Type of Gift Earmark Period RM3,000 1 Unit Limited Edition Octo Ambition 3 Months 11. The Declaration and Authorization Form addressed to CIMB Bank contains the following terms: a) That CIMB Bank is irrevocably authorized to withhold and/or suspend payment of any monies from the credit balance of the Participating Account(s) and prevent any withdrawal of the amount deposited in the Participating Account(s) up to the Minimum Deposit Amount for a period of three (3) months commencing from the date of the Placement ( the Earmarking ); and b) That CIMB Bank is irrevocably authorized to debit the Eligible Customer(s) Participating Account(s) for the Gift Value (as stated in Table 4 under Clause 18) in the event of a request being made by the Eligible Customer(s) for whatsoever reason including but not limited for any premature partial or full withdrawal of the Minimum Deposit Amount from the Participating Account(s) before the expiry of three (3) months commencing from the date of the Placement and the Earmarking on the Participating Account(s) is cancelled, removed, or released by the CIMB Bank. 12. The Earmarking period for three (3) months is as illustrated in Table 2 below. Table 2: Earmarking Period 2
Placement Date Earmarking Period Funds Release to Participating Account 10 December 2017 10 December 2017 to 9 March 2018 10 March 2018 11 January 2018 11 January 2018 to 10 April 2018 11 April 2018 12 February 2018 12 February 2018 to 11 May 2018 12 May 2018 13. Fresh Funds mean monies or funds not originating from CIMB Bank Berhad and/or CIMB Islamic Bank Berhad, monies or funds howsoever transferred, credited or paid into the Participating Account(s) of the Eligible Customer(s) from other bank(s) and/or financial institutions(s) through whatsoever means including but not limited to: a) Cash; and/or b) Interbank Giro Transfers (IBG) / Instant Funds Transfer (IBFT); and/or c) Telegraphic Transfer / RENTAS; and/or d) Local cheque / banker s cheque and the monies or funds paid or credited into the Participating Account(s) of the Eligible Customer(s) via any of the above modes of transfer will be considered as fulfilling the condition in Clause 10 (a) within three (3) business days after such monies or funds have been paid or credited into the Participating Account(s) of the Eligible Customer(s) provided always the Placement is successful. For clarity, the Eligible Customer(s) must sign the Declaration and Authorization Form (as explained in Clause 11) after the Placement at any CIMB Bank branch on or before the last business day of the month in which the Placement was made before he/she can collect the Gift(s) at the CIMB Bank branch. 14. The Eligible Customer(s) is entitled to more than one (1) Gift(s) as long as the Eligible Customer(s) fulfills the Qualifying Criteria. For clarity, subject to the fulfilment of all Qualifying Criteria by the Eligible Customer(s): a) Each Placement of the Minimum Deposit Amount in any one (1) single transaction will entitle the Eligible Customer(s) to one (1) Gift(s); b) Eligible Customer(s) who deposit more than the Minimum Deposit Amount in one (1) single transaction will only be entitled to one (1) Gift. 15. Subject to number of Gift(s) as stated in Clause 18, Eligible Customer(s) who deposited every Minimum Deposit Amount using Fresh Funds into the Participating Account(s) during the Campaign Period and maintained the Minimum Deposit Amount for 3 months from the date of Placement shall be entitled to one (1) Gift(s). Gift(s) Offered Under the Campaign 16. There are six (6) Limited Edition Octo Ambition as shown in Table 3 below ( Gift(s) ) under this Campaign to be given to Eligible Customer(s) who met the Qualifying Criteria at CIMB Bank branch after the Eligible Participant(s) has signed the Declaration and Authorization Form (as explained in Clause 11). One (1) different Limited Edition Octo Ambition will be featured in each month of the Campaign Period as shown in Table 3 below. 3
Table 3: Gift(s) sequence throughout the Campaign Period No. Limited Edition Octo Ambition Campaign Month Occupation Octo Image 1 Pilot 01 December 2017 31 December 2017 2 Magician 01 January 2018 31 January 2018 3 Director 01 February 2018 28 February 2018 4 Artist 01 March 2018 31 March 2018 5 Archeologist 01 April 2018 30 April 2018 4
6 Chef 01 May 2018 31 May 2018 Limited Edition Octo Ambition 17. A total of 14,000 units of the Gift(s) in each Campaign Month as shown in Table 4 below will begiven out to Eligible Customer(s) who met the Qualifying Criteria on a first come first serve basis and whilst stocks last. 18. In the event of early partial or full withdrawal of the Minimum Deposit Amount before the expiry of three (3) months commencing from the date of the Placement, the Eligible Customer(s) will be required to pay to CIMB Bank the Gift Value of RM20 for each received Gift(s) as stated in Table 4 below. Table 4: Gift(s) Quantity and Gift(s) value No. Gift Gift(s) Quantity Gift(s) Value per unit for Each Month (RM) During the Campaign Month 1. Pilot 14,000 20 2. Magician 14,000 20 3. Director 14,000 20 4. Artist 14,000 20 5. Archeologist 14,000 20 6. Chef 14,000 20 Note: The total Gift(s) quantity is collectively for all CIMB Bank branches throughout the Campaign Period 19. The actual Gift(s) which the Eligible Customer(s) is entitled to under this Campaign is based on the sequence as set out in Table 3 above and would depend on the month in which the Eligible Customer(s) met the Qualifying Criteria. 20. CIMB Bank reserves the right, from time to time to change the Qualifying Criteria and/or the Gift(s) offered under this Campaign upon giving twenty-one (21) calendar days adequate notice. 21. CIMB Bank reserves the absolute discretion to substitute any of the Gift(s), with an item of similar cost if the Gift(s) is recalled, discontinued or is out of stock by its manufacturer or distributor, whether in whole or part, at any time and/or to increase or decrease the total number of Gift(s). 22. The Gift(s) is/are non- transferable, non-negotiable and non-exchangeable for cash, credit or kind, in part or in full and on first come first serve basis, while stock lasts. 23. Images of the Gift(s) as shown in these Terms and Conditions and any marketing and/or advertisement collateral is for illustrative purpose only, the color of the Gift(s) is subject to availability and may vary from the actual Gift(s) received. The Eligible Customer(s) is not allowed to choose or change the colour or the type of the Gift(s). 5
24. Withdrawal of Minimum Deposit Amount in the Participating Account(s) prior to expiry of three (3) months commencing from the date of Placement: In the event that the Eligible Customer(s) partially or fully withdraws the Minimum Deposit Amount in the Participating Account(s) prior the expiry of three (3) months from the date of Placement, by accepting the Gift(s), the Eligible Customer(s) authorized CIMB Bank to debit an amount equivalent to the Gift(s) Value for each Gift(s) received in accordance to Clause 11(b) of these Terms and Conditions. 25. Withdrawal of the Minimum Deposit Amount from the Participating Account(s) for purposes of this Campaign can only be made at a CIMB Bank branch. General Terms and Conditions 26. By participating in this Campaign, the Eligible Customer(s) are deemed to have read, understood and agree to be bound by the Terms and Conditions herein and agree all decisions fairly and reasonably made by CIMB Bank in relation to every aspect of this Campaign, including the Gift(s) to be given away and the determination of Eligible Customer(s) shall be final, binding and conclusive. The Eligible Customer(s) Participating Account(s) (i) MUST not be in breach of the terms and conditions governing the Participating Account(s); and (ii) MUST not be terminated or closed or be made subject to any attachment, adverse orders made by the Court or any authorities sanctioned by laws, delinquent and/or be invalid or cancelled as determined by CIMB Bank, otherwise the Eligible Customer(s) will be disqualified from participating in this Campaign and shall not be entitled to receive the Gift(s). 27. CIMB Bank reserves the right at its sole discretion to disqualify any Eligible Customer(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. 28. To the fullest extent permitted by law, CIMB Bank expressly exclude and disclaim any representations, warranties or endorsement, implied or express, written or oral, of all Gift(s) and will not assume any responsibility for the Gift(s) offered under this Campaign. CIMB Bank will not entertain any complaint(s) whatsoever in connection with the Gift(s). Any queries or complaints in relation to the Gift(s) should be referred to the vendor(s)/supplier(s) of the Gift(s). CIMB Bank excludes any warranties of quality, merchantability or fitness for purpose in respect of the 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 the Gift(s)by CIMB Bank. CIMB Bank s liability with regards to the Gift(s) is only to bear the purchase price for the same. 29. CIMB Bank shall not be liable or held responsible to the Eligible Customer(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. 30. CIMB Bank shall not be liable to any Eligible Customer(s) 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 of any party) howsoever arising, in relation to the participation or non-participation in this Campaign or the receipt and/or use or redemption of the Gift(s) unless the same arise from and are caused directly by CIMB Bank s gross negligence or wilful default. 6
31. By acceptance or receipt of the Gift(s), the Eligible Customer(s) agrees to hold harmless CIMB Bank 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 and its affiliates and their respective directors, officers, employees and agents in connection with such Eligible Customer(s) participation in the Campaign or receipt, redemption or use of the Gift(s) unless the same arise from and are caused directly by CIMB Bank s gross negligence or wilful default. 32. CIMB Bank has the right and is entitled to debit the Participating Account(s) or any other account of the Eligible Customer(s) maintained with CIMB Bank at any time as it deems appropriate with the full Gift(s) Value received pursuant to these Terms and Conditions, the applicable or prevailing statutory fees, stamp duties, commissions, bank charges and/or service charges ( the Indebtedness ) and pending the debiting of the Participating Account(s) or any other account of the Eligible Customer(s), CIMB Bank has the right to withhold and or suspend payment of monies from the Participating Account(s) or any other account of the Eligible Customer(s) for the amount of the Indebtedness. 33. All terms and conditions governing the operation of the Eligible Customer(s) Participating Account(s) shall continue to apply save and except if or where the same are expressly varied or amended by the terms and conditions herein. In the event of any inconsistency between the terms and conditions herein and the terms and conditions governing the operation of this Campaign, these terms and conditions shall prevail for the purpose of this Campaign. 34. Decision of CIMB Bank s judges in relation to every aspect of the Campaign shall be final, binding and conclusive provided always that the decision must appear to be fair and reasonable. No further correspondence, appeals, protests or attempts to dispute the same would be entertained. 35. CIMB Bank reserves the right to suspend, cancel, terminate or withdraw this Campaign in whole or part, by giving the Eligible Customer(s) prior notice of fourteen (14) calendar days. For the avoidance of doubt, suspension, cancellation, termination or withdrawal of this Campaign shall not entitle the Eligible Customer(s) to any claim or compensation against CIMB Bank for any losses or damages suffered by the Eligible Customer(s) or any party as a direct or indirect result of the act of suspension, cancellation, termination or withdrawal. 36. 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 Eligible Customer(s) 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 Customer(s) last known address or by posting a notice regarding the Amendment at each of CIMB Bank s branches or by effecting an advertisement regarding the Amendment in one newspaper of CIMB Bank s choice, 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 as from the date of notification of the Amendment or from such date as may be specified by CIMB Bank in the notification. Eligible Customer(s) acknowledge and agree to access CIMB Bank website at regular intervals to view the Terms and Conditions and to ensure that they are kept up-to-date with any changes or variations to these Terms and Conditions. 37. These Terms and Conditions may be amended from time to time pursuant to Clause 36 shall prevail over any provisions or representations contained in any other promotional material advertising the Campaign. This Terms and Conditions are to be read in conjunction with the prevailing terms and conditions governing the respective Participating Account(s) which shall apply in addition to the Terms and Conditions herein. 38. In the event of any inconsistency(ies), conflict(s), ambiguity(ies) or discrepancy(ies) between the Bahasa Malaysia and English version or versions in other languages of these terms and 7
conditions, the English version of these terms and conditions shall prevail. Notwithstanding the aforementioned where request had been made by the Eligible Customer(s) 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 relevant Participating Account(s), then the Bahasa Malaysia version of the terms and conditions herein shall prevail. 39. These Terms and Conditions shall be subject to the application of any prevailing laws, guidelines, directives, notices, regulations enacted and/or any other written laws or which are issued by Bank Negara Malaysia or any other body having supervisory authority over CIMB Bank in relation to or which are applicable to the Campaign or any matters herein. 40. For feedbacks and/or complaints related to this Campaign, the Eligible Customer(s) may contact CIMB Bank s Customer Resolution Department 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 Customer(s): 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. 8