TERMS AND CONDITIONS Campaign Period 1. The ( Campaign ) is organised by CIMB Bank Berhad (13491-P) ( CIMB Bank ) and shall run from 1 September 2018 to 30 November 2018, both dates inclusive ( Campaign Period ). 2. Every mention of CIMB or Bank refers to CIMB Bank. 3. The Campaign is held in conjunction with organised by CIMB Islamic Bank Berhad ( CIMB Islamic Bank ). In carrying out the Campaign in conjunction with CIMB Islamic Bank, the Item(s) offered under this Campaign shall come from the same pool of Item(s) intended for campaign organised by CIMB Islamic Bank. This Campaign is available at all CIMB Islamic Bank branches co-located at CIMB Bank branches ( Branches ) in Malaysia. 4. CIMB 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 5. Subject to the terms and conditions herein, the Campaign is open to all new and existing CIMB Current Account and Savings Account accountholders (excluding Flexi CA and Foreign Currency Current Account) ( CASA ) including the accountholders who are non-residents, permanent, temporary or contract employees of CIMB Group. 6. The following categories of persons/ entities shall NOT be eligible to participate in this Campaign: a) Representative and/or agents (including advertising and promotion agents) of CIMB and 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 respective subsidiaries and related companies); and/or b) Sole-proprietorships, Partnerships, Charitable/Non-profit Organisations/Societies, Corporate and Commercial Customers; and/or c) Individuals below the age of eighteen (18) years, unless otherwise stated in Clause 7 below. 7. The Campaign is also open to all CIMB Junior Savers Account and CIMB Youth Savers Account accountholders, subject to the following conditions: a) For CIMB Junior Savers Account, the parent or guardian of the accountholder shall sign the Declaration and Authorisation Form (as explained in Clause 13); and b) For CIMB Youth Savers Account, the youth and parent or guardian of the accountholder shall sign the Declaration and Authorisation Form (as explained in Clause 13). 1
8. 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. For avoidance of doubt, this is not applicable to CIMB Junior Savers Account and CIMB Youth Savers Account and their respective accountholder s participation of the Campaign is subject to Clause 7. 9. For the avoidance of doubt, only the permanent, temporary or contract employees of CIMB with CIMB non-salary Current Account or Savings Account are eligible to participate in the Campaign. (the eligible accountholders referred to in Clauses 5 to 9 above shall hereinafter collectively be referred to as the Eligible Customer(s) ) 10. It shall be the Eligible Customer(s) responsibility to ensure their mobile phone numbers, email addresses and mailing addresses provided are current and updated with CIMB in the event of any changes being made to the same by them. CIMB shall not be responsible to the Eligible Customer(s) for any loss (including loss of opportunity and consequential loss flowing there from) suffered in the event the Eligible Customer(s) mobile phone numbers, email addresses or mailing addresses in CIMB s record is not current or correct. 11. If the Eligible Customer(s) participate in several campaigns or promotions at the same time, the customer is only entitled to the item(s) under one of the participated campaigns or promotions. CIMB reserves the right to decide which campaigns or promotions is applicable to the relevant Eligible Customer. Qualifying Criteria 12. No registration is required to participate in this Campaign. 13. To participate in this Campaign and be entitled to the Item(s), the Eligible Customers is required to: a) deposit a minimum deposit amount indicated in Table 1 below ( Minimum Deposit Amount ) into their CASA in a single transaction ( Participating Account(s) ); AND b) sign the Declaration and Authorisation Form addressed to CIMB at CIMB Branch during the Campaign Period; AND c) maintain the Minimum Deposit Amount in the Participating Accounts for at least six (6) months commencing from the date of placement of Minimum Deposit Amount ( the Earmark Period ); AND d) ensure that the Minimum Deposit Amount shall comprise solely of Fresh Funds deposited with CIMB; AND e) maintain a valid and updated email address with CIMB. 14. The Declaration and Authorisation Form addressed to CIMB contains the following terms: a) that CIMB is irrevocably authorised to withhold and/or suspend payment of any monies from the credit balance of the Participating Account and prevent any withdrawals of the Minimum Deposit Amount from the Participating Account during the Earmark Period; AND 2
b) that CIMB is irrevocably authorised to debit the Eligible Customer s Participating Account for the Item(s) Value (as hereinafter defined in Table 3) under this Campaign in the event of a request being made by the Eligible Customer for whatsoever reason including but not limited for any premature partial or full withdrawal of the deposit from the Participating Accounts before the expiry of the Earmark Period and/or the earmarking on the Participating Account(s) is cancelled, removed, or released by CIMB. Table 1: Minimum Deposit Amount Tier Minimum Deposit Amount (RM) Item(s) 1 8,000 RM150 worth of AirAsia e-gift Voucher(s) 2 30,000 RM600 worth of AirAsia e-gift Voucher(s) 3 50,000 RM1,000 worth of AirAsia e-gift Voucher(s) Earmark Period 6 Months 15. The examples of Earmark Period are illustrated in Table 2. Table 2: Examples of Earmark Period Placement Date Earmark Period Earliest Date to Withdraw the Minimum Deposit Amount 14 September 2018 14 September 2018-13 March 2019 14 March 2019 15 October 2018 15 October 2018-14 April 2019 15 April 2019 13 November 2018 13 November 2018 12 May 2019 13 May 2019 16. The expression of Fresh Funds shall mean monies or funds not originating from CIMB and/or CIMB Islamic Bank. It refers to monies or funds howsoever transferred, credited or paid into the Participating Account of the Eligible Customers 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 of the Eligible Customer(s) are utilised by the Eligible Customer(s) for purpose of this Campaign pursuant to the terms and conditions herein within three (3) business days after such monies or funds have been paid or credited into the account(s) of the Eligible Customer(s). For clarity, the Eligible Customer(s) must sign the Declaration and Authorisation Form (as explained in Clause 13) after the placement of the Minimum Deposit Amount at CIMB Branches on or before the last business day of the month in which the placement of the Minimum Deposit Amount was made before he/she can receive the item(s). 17. The Eligible Customer is allowed to take up single or multiple Item(s) as stated in Table 1 as long as the Eligible Customer fulfills the qualifying criteria for the respective Item(s). Item(s) Offered under the Campaign 3
18. There are three (3) item types ( Item(s) ) being offered under this Campaign and the Item(s) and the Item Value per unit is stated in Table 3. Table 3: Type of Item(s) Minimum Deposit Item Value Tier Item(s) Amount (RM) (RM) 1 8,000 RM150 worth of AirAsia e-gift Voucher(s) 150 2 30,000 RM600 worth of AirAsia e-gift Voucher(s) 600 3 50,000 RM1,000 worth of AirAsia e-gift Voucher(s) 1,000 Tier 1: Every RM8,000 Fresh Funds maintained for 6 months in the Participating Account shall earn RM150 worth of AirAsia e-gift Voucher. In the event of early withdrawal, whether partial or full, the Eligible Customer will be required to pay the Bank the Item Value of RM150. Tier 2: Every RM30,000 Fresh Funds maintained for 6 months in the Participating Account shall earn RM600 worth of AirAsia e-gift Voucher. In the event of early withdrawal, whether partial or full, the Eligible Customer will be required to pay the Bank the Item Value of RM600. Tier 3: Every RM50,000 Fresh Funds maintained for 6 months in the Participating Account shall earn RM1,000 worth of AirAsia e-gift Voucher. In the event of early withdrawal, whether partial or full, the Eligible Customer will be required to pay the Bank the Item Value of RM1,000. 19. The Item(s) an Eligible Customer is entitled to under this Campaign are segregated into tier and would be given based on the qualifying criteria under Clause 13 and the Minimum Deposit Amount stated in Table 1. 20. CIMB reserves the right, from time to time to change the qualifying criteria and/or the Item(s) offered under this Campaign upon giving fourteen (14) calendar days prior notice. 21. CIMB reserves the absolute discretion to substitute any of the Item(s), with an item of similar cost if the Item(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 Item(s). 22. The Item(s) is/are provided on an As is basis, non- transferable, non-negotiable and nonexchangeable for cash, credit or kind, in part or in full. The Item(s) do not include any other benefits, accessories or item(s) that are shown in the leaflet or website, as they are for illustration purpose only. 23. Withdrawal of Minimum Deposit Amount prior to expiry of six (6) months commencing from the date of placement of deposit: In the event that the Eligible Customer partially or fully withdraws the Minimum Deposit Amount prior the completion of expiry of the Earmark Period, the Eligible Customer will be required to pay the Bank the Item(s) Value received as illustrated in Table 3 pursuant to the signed Declaration and Authorisation Form referred to in Clauses 13(c) and 14(b) above. 24. Withdrawal of any deposit from the Participating Account(s) for purposes of this Campaign can only be made at a CIMB branch. 4
25. The Item(s) may carry their own terms and conditions and these terms and conditions shall be applicable in addition to the terms and conditions contained herein. The dominator and quantity of the Item(s) is subject to CIMB s discretion. 26. Should the value of the AirAsia flight ticket purchased is higher than the value of the AirAsia e-gift voucher, the Eligible Customer(s) is required to top-up the outstanding amount at their own expense. Should the value of the AirAsia flight ticket purchased is lower than the value of the AirAsia e-gift voucher, the remaining value of the voucher shall be forfeited. The expiry date of the AirAsia e-gift Vouchers is 12 months from the date of issuance of the said vouchers. 27. The Eligible Customer shall be responsible to pay any tax, incidental cost and/or charges relating to any of the Item(s). CIMB shall not be held liable for any tax, incidental cost, charges and/or damage caused by any of the Item(s) and/or non-fulfilment by any of its agents/suppliers/distributors. 28. CIMB shall not be responsible or liable for any damages incurred or suffered by the Eligible Customer when using the Item(s) which include and not limited to: - a) the redemption and/or use of the Item(s); b) inability to use Item(s) due to lost or misplaced email or password; or c) unauthorised use of Item(s) by any person(s) that was not approved by the Eligible Customer. 29. CIMB makes no representation or warranty regarding the quality of the Item(s). Any dispute or complaint about the Item(s) must be resolved directly with AirAsia. CIMB will not be responsible for any injury, loss or damage resulting from using the Item(s). Delivery of Item(s) 30. The Item(s) will be delivered to the Eligible Customer s email address in CIMB records within 3 to 6 weeks from the date of placement of Minimum Deposit Amount. 31. The last date for Item(s) delivery is illustrated in Table 4. Table 4: Item(s) Last Delivery Date Month Campaign Period Item(s) Last Delivery Date 1 1 September 2018-30 September 2018 11 November 2018 2 1 October 2018-31 October 2018 16 December 2018 3 1 November 2018 30 November 2018 13 January 2019 32. Item(s) is deliver to the Eligible Customer(s) email address in CIMB record. Delivery to an email address not registered in CIMB s records is not allowed. 33. The Eligible Customer(s) will be notified via SMS at his/her mobile phone number maintain in CIMB record on the delivery of Item(s). The Eligible Customer(s) is/are responsible to update their latest mobile number with CIMB. 34. CIMB shall not be responsible or liable on undeliverable or non-receivable of the Item(s) due to the inaccurate customer s email address or mobile phone number recorded in CIMB; or email address or mobile phone number are no longer valid; or incorrect email address or mobile phone number are 5
given; or whatsoever reason, and the Item(s) will not be replaced or resent to the Eligible Customer(s) regardless of whether the Item(s) has been utilised. 35. In the event the Eligible Customer(s) did not receive any notification on their Item(s) by the last day of the Item Last Delivery Date, the Eligible Customer(s) is/are required to inform CIMB. Any Item(s) not claimed within the Item(s) Forfeit Date as stated in Table 5, shall be forfeited. The Eligible Customers whose Item(s) has been forfeited are not entitled to any payment or compensation regardless of the reason for not claiming the Item(s). Table 5: Item(s) Forfeited Period Month Campaign Period 6 Months Maturity Item(s) Forfeit Date 1 1 September 2018-30 September 2018 1 March 2019-31 March 2019 1 May 2019 2 1 October 2018-31 October 2018 1 April 2019-30 April 2019 1 June 2019 3 1 November 2018 30 November 2018 1 May 2019 31 May 2019 1 July 2019 General Terms and Conditions 36. By participating in this Campaign, the Eligible Customer(s) are deemed to have read, understood and agreed to be bound by these Terms and Conditions as well as consented to CIMB processing and disclosing their personal data in accordance with the CIMB Group Privacy Notice which can be found at www.cimbbank.com.my and the Eligible Customer(s) agree that all decisions fairly and reasonably made by CIMB in relation to every aspect of this Campaign, including the Item(s) to be given away and the determination of the Eligible Customer(s), shall be final, binding and conclusive. 37. The Eligible Customer(s) Participating Account(s) (i) MUST be in good standing and MUST not be in breach of the terms and conditions governing the Participating Account(s); AND (ii) MUST be current and 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 during the Campaign Period and/or at the time of processing the eligibility and/or before the delivery of the Item(s), otherwise the Eligible Customers(s) will be disqualified from participating in this Campaign and/or the Item(s) will be forfeited. 38. CIMB 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. 39. CIMB reserves the right to substitute the Item(s) with other item(s) of similar cost and/or to extend, shorten, discontinue, cancel, terminate or suspend this Campaign by giving fourteen (14) calendar days prior notice to the Eligible Customer(s). For the avoidance of doubt, any extension, shortening, discontinuance, cancellation, termination or suspension of this Campaign by CIMB shall not entitle any of the Eligible Customer(s) or any other persons whosoever to any claim or compensation against CIMB for any losses or damages suffered or incurred by the Eligible Customers as a direct or indirect result of the act of extension, shortening, discontinuance, cancellation, termination or suspension of this Campaign. 40. By participating in this Campaign, the Eligible Customer(s) hereby agree that CIMB shall not in any manner whatsoever be liable or held responsible to the Eligible Customer(s) if CIMB is unable to 6
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, war, strike, riot, any act of God beyond CIMB's reasonable control or due to any factor in a nature of a force majeure which is beyond CIMB s reasonable control. 41. CIMB 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 including arising from any non-receipt or delayed receipt by the Eligible Customers of the Short Message Service ( SMS ) and email unless the same shall arise from and are caused directly by CIMB s gross negligence or wilful default. 42. CIMB 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 Customers in respect of the Amendment shall be effected at CIMB s absolute discretion through any one of the following means of communication, namely, via electronic communication display at CIMB s website at www.cimbclicks.com.my and CIMB s branches or CIMB s Currency Exchange counters where detail provisions regarding the Amendment may be provided in the notice itself or may be provided to the Eligible Customers upon request; or by effecting an advertisement regarding the Amendment in one newspaper of CIMB s choice or by any other means of notification which CIMB may select and the Amendment shall be deemed as binding on the Eligible Customers as from the date of notification of the Amendment or from such other date as may be specified by CIMB in the notification. The Eligible Customer(s) acknowledge and agree to access CIMB s website at regular intervals to view the terms and conditions of the Campaign and to ensure that they are kept up-to date with any changes or variations to these terms and conditions. 43. No compensation in cash or any kind shall be given to the Eligible Customers for any losses or damages suffered or incurred by the Eligible Customers as a direct or an indirect result of such Amendment of the Terms and Conditions herein. 44. These Terms and Conditions (as amended from time to time pursuant to Clause 42 above) shall prevail over any provisions or representations contained in any other promotional materials advertising this Campaign. These 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. 45. 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 the CIMB in relation to or which are applicable to the Campaign or any matters herein. 46. If there is any inconsistency(ies), conflict(s), ambiguity(ies) or discrepancy(ies) between the Bahasa Malaysia and English version of these Terms and Conditions herein, the English version of these Terms and Conditions shall prevail. Notwithstanding the aforementioned, where a request had been made by the Eligible Customers and such request was noted and acknowledged by CIMB in its records that these Bahasa Malaysia version of the terms and conditions shall govern the Eligible Customer(s) s Participating Account, then the Bahasa Malaysia version of these Terms and Conditions shall prevail. 47. CIMB has the right and is entitled, to debit the Participating Account(s) or any other account of the Eligible Customer maintained with CIMB at any time as it deems appropriate with the full Item(s) Value received pursuant to these terms and conditions, the applicable or prevailing statutory fees, 7
stamp duties, commissions, bank charges and/or service charges ( Indebtedness ) and pending the debiting of the Participating Account(s) or any other account of the Eligible Customer, CIMB has the right to withhold and or suspend payment of monies from the Participating Account(s) or any other account of the Eligible Customer for the amount of the Indebtedness. 48. 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 and the terms and conditions governing the operation of this Campaign, these terms and conditions shall prevail for the purpose of this Campaign. 49. Decision of CIMB 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. 50. CIMB expressly excludes and disclaims any representations, warranties or endorsements, express or implied, written or oral, including but not limed to any warranty of quality, merchantability or fitness for a particular purpose in respect of the Item(s). 51. CIMB accepts no responsibility for any tax implications that may arise from the Item(s) or the use thereof. Any tax filing obligation or any tax payment due to any authority as a result of receipt of the Item(s) remain the sole responsibility of the Eligible Customer. It is the responsibility of each Eligible Customer to seek independent advice on the possible implications this may have on his/her own financial situation. 52. By participating in the Campaign, the Eligible Customer(s) hereby consent to and agree that CIMB shall be entitled to publish and/or display at no costs to the Eligible Customer(s), materials and/or information, including but not limited to the names, identification number, city of residence and photographs of the Eligible Customer(s) who get the Item(s) for this Campaign for advertising and publicity purposes in any manner it deems appropriate. 53. For feedback and/or complaints related to this Campaign, the Eligible Customer(s) 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 Customer(s)): Customer Resolution Unit, Level 19, Menara Bumiputra- Commerce 11 Jalan Raja Laut, 50350 Kuala Lumpur Tel: +603 6204 7788 / Fax: +603 2283 5302/CRU@cimb.com. 8