I.
Eligibility
| 1. |
The MasterCard 2008 Malaysia Mega Sale Promotion (the
“Promotion”) is organized by MasterCard Asia/Pacific Pte
Ltd (“MAPPL”). The lucky draw to be held in connection
with the Promotion is open to all cardholders (both principal and
supplementary cardholders) of MasterCard credit cards, MasterCard
electronic cards, MasterCard debit cards and MasterCard Prepaid cards. |
| 2. |
The following are excluded from the lucky draw to be
held in connection with the Promotion: employees and immediate family
members of MAPPL, and all participating banks, and employees of external
auditors and advertising and promotions agencies of MAPPL related
to the Promotion. |
II. General
| 1. |
The winners may be required to attend prize presentations
and/or participate in publicity programmes which MAPPL may from time
to time organize in connection with the Promotion and if so, such
winners should attend such functions. Expenses and/or costs incurred
by a winner for such attendance shall be borne by the winner. |
| 2. |
MAPPL has the sole and absolute discretion to exclude
any cardholder (including but not limited to any cardholder who does
not operate their accounts in a satisfactory manner as determined
by the relevant issuing banks in their sole discretion) from the Promotion
without any obligation to furnish any notice and/or reason. |
| 3. |
By entering the Promotion, each participant fully
and unconditionally agrees to these terms and conditions and accepts
that the decision of MAPPL and its external auditors regarding the
Promotion and all matters related to it, including without limitation,
the interpretation of these terms and conditions, is final and binding
and no queries shall be entertained. |
| 4. |
MAPPL reserves the right to vary the terms and
conditions herein at any time at its absolute discretion without
notice. |
III. The MasterCard 2008 Malaysia Mega Sale
Promotion
Lucky Draw for the Prizes
| 1. |
Promotion Period
July 5, 2008 to September 1, 2008 (the "Promotion Period") |
| 2. |
Qualifying Transactions
- Every qualifying transaction made in Malaysia using a MasterCard
credit card, MasterCard debit card, MasterCard Prepaid card or
MasterCard Electronic card, regardless of which country it is
issued in, during the Promotion Period shall automatically entitle
the cardholder thereof to one chance in the draw. A qualifying
transaction means a transaction processed via MasterCard Interface
Processor (MIP) within Malaysia, including Mail Order Telephone
Order (MOTO) & internet transactions with Malaysia merchants
but excludes cash disbursement and ATM withdrawal.
- The Promotion will be advertised and promoted globally to the
extent permitted by local law by MAPPL and its affiliates as well
as by its member banks.
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| 3. |
Promotion Mechanics
- Each transaction charged by a cardholder to their MasterCard
credit card, MasterCard Electronic card, MasterCard debit card
and MasterCard Prepaid card during the Promotion Period, within
Malaysia (subject to Clause 2) entitles the cardholder a chance
to win one of a total of 6 prizes (the “Prizes”) as
follows:
- A Grand Prize of RM50,000; or
- Five Secondary Prizes of RM10,000 each.
- The Prizes are to be credited into the respective cardholders’
MasterCard account used to make the winning purchase or, if the
crediting of such an amount is not authorised by law or by the
winner's issuing bank for any reason, issued in the form of a
cheque.
- If any of the winners’ account is located in a jurisdiction
other than Malaysia, prior to crediting the account or drawing
a cheque as applicable:
- the Prizes will be converted to the relevant currency of
the winner's account using the currency exchange rates determined
by MasterCard at its sole discretion; and
- to the extent any taxes, duties or other charges are payable
by MasterCard in transferring the Prizes to the winner's account,
these will be deducted from the Prizes and the winner will
receive the Prizes less any such taxes, duties or charges.
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| 4. |
Selection of Winners
- Six winners will be selected from transactions made during the
Qualifying Period. Only the millionth transactions will be short-listed
as qualifying entries for the contest ie the 1,000,000th, 2,000,000th,
3,000,0000th transaction for the entire Promotion Period, to which
the six cardholders with the highest value transactions made during
the Qualifying Period will be contacted by the Promoter. The cardholders
must correctly answer the questions posed to him/her before he/she
may win the Prizes. If any of the cardholders with the qualifying
entry cannot answer the question, he/she will be eliminated and
the cardholder who made the next highest value transaction will
be posed the question, and so on until six winners have been selected,
in the order of the value of their qualifying entry transaction.
The cardholder who answers the question correctly and who had
the qualifying entry made from the highest value transaction will
be the Grand Prize winner. The remaining five cardholders who
answer the questions correctly will be the Secondary Prizes winners.
MAPPL shall endeavor to contact by telephone (based on contact
details provided by the relevant MasterCard card issuing bank)
each shortlisted cardholder on a best effort basis but shall not
in any event be obliged to make more than three attempts.
- Each transaction by domestic and foreign cardholders made during
the Qualifying Period will get one chance to win the Prizes, respectively.
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| 5. |
The Results
- There will be six winners for the Prizes, and they will be given
the amount comprising the Prizes, which will be credited into
the cardholders’ MasterCard account used to make the winning
purchase or a cheque will be issued if the crediting of such an
amount is not authorised for any reason at law or by the winner's
issuing bank.
- The draw will be conducted in MAPPL’s office on September
22, 2008 at Level 19, 12 Jalan Gelenggang, Damansara Heights,
50490 Kuala Lumpur, Malaysia. The winners will be announced on
October 16, 2008 or within 14 days following the determination
of the winner under the Promotion (whichever is the later) in
The Star in Malaysia.
- The winners will be notified by telephone and by ordinary post.
Notice shall be deemed to have been given by telephone by contacting
the number of the participant and by ordinary post by posting
such notification to the winners’ addresses (both as determined
by the relevant MasterCard card issuer's account records).
- The winners are required to submit the following documents to
MAPPL at Level 19, 12 Jalan Gelenggang, Damansara Heights, 50490
Kuala Lumpur, Malaysia for locals and MasterCard overseas offices
if the winners are foreigners not residing in Malaysia, within
seven working days, following notice by telephone:
- the original transaction receipt or billing statement, with
his/her name, address, contact numbers written legibly on
the back;
- a clear legible copy of his/her NRIC/Passport;
- a clear legible copy of his/her MasterCard credit card,
MasterCard debit card, MasterCard Prepaid card or MasterCard
Electronic card that was used.
- All transaction dates will be based on the date indicated on
the original transaction receipt submitted.
- MAPPL reserves the right, in its sole discretion, to reject
a Prize winner if he/she is unable to satisfy the conditions set
out in paragraph 5(d).
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IV. Claiming of the Prizes
| 1. |
For the purpose of clarification, the Prizes will be
deemed claimed when the winners sign an acknowledgement receipt. |
| 2. |
The Prizes are not transferable and will only be given
to the winner who is able to satisfy the requirements for the claiming
of the Prizes set out herein. |
| 3. |
If a Prize is unavailable for any reason whatsoever,
MAPPL reserves the right, at its sole discretion, to provide an alternative
Prize of an equivalent value without prior notice. |
| 4. |
The Prizes must be claimed by October 31, 2008, at
the end of the business day, failing which the unclaimed Prizes will
be donated to an approved charity. |
| 5. |
Participants shall be solely responsible for any taxes
or duties payable as a result of participation in this Promotion or
winning or using any Prizes thereunder. |
V. Miscellaneous
| 1. |
MAPPL, MasterCard, its members, associated companies
and agencies and their respective directors, officers, employees
and agents shall not, to the extent permissible by law, be liable
in any way whatsoever in respect of the following:
- any entry that is damaged, lost, stolen, misdirected or otherwise
not received;
- inaccurate entry information, howsoever caused;
- any amount charged to a participant's account in the course
of entering the Promotion;
- virus or other corruption, technical or mechanical error or
failure, human error, negligence or unauthorised human intervention
in any part of the entry processes or the operation or administration
of the Promotion;
- any liability, loss, injury, claim or damage (including without
limitation death or personal injury) incurred or suffered by any
winner, other participant or other person which may be caused,
directly or indirectly, in whole or in part, from any participation
in the Promotion or the receipt, use or misuse of any prize. Each
participant shall indemnify and hold harmless MAPPL, MasterCard,
its members, associated companies and agencies and their respective
directors, officers, employees and agents against any claim, action,
proceeding, judgment, damage, loss, expense or liability made
against or incurred by the same in connection with such participant's
participation in the Promotion and, in the case of a winner, the
receipt, use or misuse of any prize by any person.
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| 2. |
MAPPL reserves the right, in its sole discretion,
to disqualify any entry and to modify, terminate or suspend this
Promotion in the event that the administration, security, fairness
or proper play of the Promotion be interfered with or otherwise
impaired for any reason whatsoever and, if the Promotion is so modified,
terminated, or suspended, select a winner(s) from eligible, non-suspect
entries received prior to such event.
|
| 3. |
All entries remain the sole property of MAPPL. All
participant information is held within MasterCard's secured database
of entries. Except where prohibited by law, participation in the Promotion
constitutes each winner's consent to MAPPL's use of their name, personal
description, likeness and opinions for any promotional, marketing
and publicity purposes in any media. |
| 4. |
If any of the provisions of these terms and conditions
becomes or is invalid, illegal or unenforceable in any respect under
any law, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired. |
| 5. |
These terms and conditions shall be governed by
the laws of Malaysia and participants of the Promotion agree to
submit to the non-exclusive jurisdiction of the courts of Malaysia.
The Promotion is not open to persons whose law of domicile prohibits
them from participating in the Promotion and/or winning the relevant
prize under the Promotion and in the event such persons are chosen
as a prize winner, a redraw will be conducted to determine the replacement
winner of the Prizes. |
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