Terms and Conditions Governing the YES! Card Challenge

1. AGREEMENT

These Terms and Conditions govern the YES! Card Challenge (the "Challenge"). Before entering the Challenge, each Participant must review, and agree to accept these Terms and Conditions. The act of entering the Challenge constitutes acceptance of these Terms and Conditions and the decisions of OCBC Bank (the "Organiser"). All decisions of the Organiser are final.

2. ELIGIBILITY

(a) To be eligible for this Challenge, a Participant must:

(i) be above the age of sixteen (16) years of age at the date of entry of submission;

(ii) be a Singapore Citizen or Singapore Permanent Resident

(b) The following persons are not eligible to participate in the Contest:

(i) staff working in OCBC Bank and their immediate family members; and/or

(ii) the employees and immediate family members of employees of any entity involved in the production, implementation, administration or fulfilment of the Challenge.

In these Terms and Conditions, "immediate family" means husband or wife, spouse, mother, father, brothers, sisters, sons and daughters.

The Organiser reserves the right at any time to require proof of identity and/or eligibility to participate in the Challenge. Participants agree to the release of their name, address, and email information to the Organiser for winner notification purposes. The Organiser is also authorized by the Participants to disclose any information in relation to the Participants for any purpose whatsoever.

3. MECHANICS OF THE CHALLENGE

(a) To enter the Challenge, each Participant is required to open a YouTube Account to upload a video and submit the YouTube link (the "Link") in the OCBC YES! Card Fan Page (the "OCBC's Facebook"). Only entries submitted online to the OCBC's Facebook are eligible. The video (the "Video") must contain clips showing how a Participant will spend S$8,000.00 with their OCBC Yes! Cards within 24 hours to purchase certain goods or services (collectively, the goods or services shall be referred to as the "Relevant Products").

(b) Save for the Participant's YouTube Account, a Participant's Video must not have been posted or screened on another website or Media (as defined below). Specifications for uploading of video files are as follows:
• The length of the Video can be no more than 2 minutes
• Audio must be in English, and clear and understandable
• Videos must not contain objectionable, unlawful, obscene or offensive contents.

(c) Each Participant acknowledges and agrees that the Organiser has the absolute discretion to review the contents of the Video and decide whether to reject or accept the Videos. In the event that the relevant Video is accepted by the Organiser, the Participant agrees to irrevocably grants his/her consent to allow the Organiser to use the Video and submit or display, on behalf of a relevant Participant, the Video on the OCBC Facebook or any other forms of media (including, without limitation, online (including but not limited to (a) other social networking sites such as Twitter, (b) web log sites such as Livejournal, Blogger and Wordpress, (c) mobile phone applications such as Echofon, Whatsapp, eBuddy and Pingchat and other sites such as youtube, Digg, Delicious, Meebo and MSN, MSN Messenger and/or Yahoo Messenger), television, cinema, radio, outdoor, press, print, collaterals and such other forms of medias) (collectively, the "Media") as the Organiser deems fit on or before 30th June 2010 or at such other time as may be determined by the Organiser in its absolute discretion, for the purpose of the Challenge.

(d) The relevant Participants acknowledge and agree that the submission of the Video to the OCBC Facebook or any of the Medias by the Organiser pursuant to Clause 3(c) would allow the public and an OCBC voting panel to cast their votes and select the Video of their choice.

(e) Each person from the public will be allowed to vote for as many videos as they want, with the limitation of one vote per Video.

(f) 3 Videos will be selected as winners. 1 winner will be selected based on most number of public votes and the other 2 winners will be selected by OCBC's panel of judges. The Organiser will notify the respective winners (the "Winners") by the mode of communication set out in Clause 8(k) on or before 14th July 2010 or at such other time as may be determined by the Organiser in its absolute discretion. For the avoidance of doubt, the Organiser reserves the right to control the majority of the votes and all decisions by the Organiser are final and no correspondence will be entertained. Further, the Organiser has the absolute discretion to vary or reduce the number of Winners without assigning any reason whatsoever.

(g) Upon the Organiser notifying the relevant Winners, each of the Winners is to spend a total of S$8,000.00 within a day (with each purchase costing no more than S$500) by using his/her OCBC Yes! Card to purchase the Relevant Products at such reasonable time as may be notified to them by the Organiser. If any Winner fails to purchase the Relevant Products within such reasonable time as may be notified to them by the Organiser, the Organiser has the absolute discretion to forfeit the right of such Winner. The relevant Winner whose right is forfeited is not entitled to any payment or compensation whatsoever from the Organiser.

(h) Each of the Winners agrees to allow the Organiser to video him/her when he/she is purchasing the Relevant Products. Each of the Winners agrees that the rights (including any intellectual property rights) to this video (the "Winner Video") shall vest in the Organiser and the Organiser shall therefore be the sole owner of or has control of all rights (including any intellectual property rights) in the Winner Videos and any materials or documents relating to the Winner Videos. For the avoidance of doubt, each of the Winners agrees that the Organiser has the absolute discretion to use or utilize the Winner Video for whatsoever purposes as the Organiser deems appropriate (including, without limitation, to publicise the Challenge) in any form of Media (including, without limitation, facebook) and for whatever period of time as the Organiser deems fit.

(i) Notwithstanding anything to the contrary, the Organiser has the absolute discretion to decide which Video or, as the case may be, Winner Video gets shown to the public. The Organiser therefore has the absolute discretion to block or choose not to allow the Video or, as the case may be, the Winner Video to be shown to the public without assigning any reason whatsoever.

(j) Each Participant agrees that the Organiser has the absolute discretion to appoint, engage or employ such other third parties (the "Third Parties") to conduct the filming of the Winner Videos. For the avoidance of doubt, the Organiser shall not be liable for any losses, damages, claims and expenses incurred or suffered by any Participants or any person as a result of any act, negligence, omission or default caused by any Third Parties.

(k) For the purpose of these Terms and Conditions, unless otherwise stated, the term "Participant" shall also include the "Winner".

4. PARTICIPANTS' OR WINNERS' OBLIGATIONS

(a) In opening a YouTube Account and using any services, products or features of YouTube for the purposes of this Challenge (including without limitation, uploading the Video onto YouTube), each Participant is fully liable and responsible to comply with all terms and conditions as may be imposed by YouTube for such YouTube Account and usage, and the Organiser shall not be liable or responsible in any way whatsoever for such YouTube Account and usage. Each Participant further agrees that he/she will fully indemnify the Organiser for all damages, expenses, claims, fees, moneys, costs and liabilities incurred by the Organiser as a result of or in connection with such Participant opening a YouTube Account and using any services, products or features of YouTube for the purposes of this Challenge (including without limitation, uploading the Video onto YouTube).

(b) Participants agree that they will be able to attend rehearsals and camera tests if required by the Organiser. The timing for such rehearsals may vary but reasonable notice will be given of such changes where possible.

(c) Participants will need to avail themselves at such reasonable time as may be chosen or determined by the Organiser for the purpose of the filming of the Winner Video.

(d) Winners are not allowed to make overseas online transactions or overseas purchases (e.g. booking of plane/train/overseas hotel tickets) with the OCBC Yes! Card.

(e) All Winners of the Challenge will be required to showcase multiple features/ functions of the OCBC Yes! Card (including, without limitation, payment via NETS FlashPay, EZ link, Visa PayWave, credit, debit and/or ERP) when purchasing the Relevant Products.

(f) Where applicable or wherever possible, each Winner agrees that any purchase made by him/her should be made with participating partners that are selected or determined by the Organiser.

5. PRIVACY, INTELLECTUAL PROPERTY RIGHTS ETC

(a) Each Participant confirms that he/she is the sole owner of or has control of all copy rights and any other rights in the Video and any materials or documents relating to the Video and irrevocably grants his/her consent to allow the Organiser to use the Video and any materials or documents relating to the Video in anyway whatsoever and/or submit or display, on behalf of a relevant Participant, the Video and any materials or documents relating to the Video on the OCBC Facebook or such other Medias as the Organiser deems fit. For the avoidance of doubt, the Organiser shall not be liable in anyway whatsoever in the event a Participant submits Video or any materials or documents relating to the Video which he/she (i) is not the sole owner or has no control over the copyrights or any other rights in relation to the Video or any materials or documents relating to the Video or (ii) has no right to allow the Organiser to utilize the Video or any materials or documents relating to the Video for the purpose of the Challenge. Each Participant agrees that he/she shall be fully liable and responsible if he/she uses or submits the Video or any materials or documents relating to the Video which he/she (i) is not the sole owner or has no control over the copyrights or any other rights in relation to the Video or any materials or documents relating to the Video or (ii) has no right to allow the Organiser to utilize the Video or any materials or documents relating to the Video for the purpose of the Challenge. Each Participant further agrees that he/she will fully indemnify the Organiser for all damages, expenses, claims, fees, moneys, costs and liabilities incurred by the Organiser as a result of or in connection with such Participant submitting any Video or any materials or documents relating to the Video which he/she (i) is not an owner or has no control over the copyrights or any other rights in relation to any Videos or any materials or documents relating to the Video or (ii) has no right to allow the Organiser to utilize the Video or any materials or documents relating to the Video for the purpose of the Challenge.

(b) By entering the Challenge, each Participant agrees and consents that any information provided by such Participant in relation to or ancillary to the Challenge may be used by the Organiser for any purpose as the Organiser deems fit and appropriate. In particular, each Participant irrevocably grants his/her consent to allow the Organiser to use the Video and any materials or documents relating to the Videos in anyway whatsoever and/or submit or display, on behalf of a relevant Participant, the Video on the OCBC Facebook or such other Medias as the Organiser deems fit and agrees that the rights (including, without limitation, any intellectual property rights) to the Winner Video shall vest in the Organiser and the Organiser shall therefore be the sole owner of or has control of all rights (including any intellectual property rights) in the Winner Videos and any materials or documents relating to the Winner Videos. Each Participant hereby further authorizes the Organiser to use, publish or publicize the Video or, as the case may be, the Winner Video on such Medias (including, without limitation, facebook) as may be determined by the Organiser without any reference to such Participant. For the avoidance doubt, the Organiser has the absolute discretion not to use, publish or publicize the Video or, as the case may be, the Winner Video and the Organiser is not obliged to provide any reason for its decisions.

(c) All Participants agree that all information relating to the Challenge, the Winner Video or how the Winner Video was made is deemed confidential information (the "Confidential Information") and they are not to disclose, communicate, hint or transmit any information pertaining to the Challenge and the Winner Video, whether in part or in whole, to any person whatsoever. All Participants therefore agree to take reasonable steps to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of unauthorized persons.

(d) Notwithstanding anything to the contrary, each Participant authorises and permits the Organiser to edit, modify, consolidate, use, reproduce, distribute, prepare derivative works of or otherwise deal with the Video, the Winner Video and/or any materials relating to the Video and the Winner Video (the "Modifications"), and to publicise, display and promote the Video, the Winner Video, any materials relating to the Video and Winner Video and/or the Modifications in any mode and manner as the Organiser may deem appropriate. Each Participant further agrees to execute all documents and take all other actions and steps requested by the Organiser, to assist the Organiser to edit, modify, consolidate, use, reproduce, distribute, prepare derivative works of or otherwise deal with the Video, the Winner Video, any materials relating to the Video and Winner Video and/or the Modifications, and to publicise, display and promote the Video, the Winner Video, any materials relating to the Video and the Winner Video and/or the Modifications as stated above.

6. PRIZES

(a) Each Winner will not receive any cash. However, the Organiser will credit S$8,000.00 only into each of the Winners' OCBC bank deposit account in which the OCBC Yes! Card is linked to (the "Prize"). For the avoidance of doubt, if the total value spent by the relevant Winner on the Relevant Products exceeds S$8,000.00 (the "Excess"), the Organiser shall not be liable to compensate the relevant Winner any of the Excess.

(b) Each Winner agrees that it is a requirement for him/her to maintain an OCBC bank deposit account (which must be linked to the Yes! Card) and hold an OCBC Yes! Card in order for the Organiser to credit the S$8,000.00 to him/her pursuant to Clause 6(a). For the avoidance of doubt, if any Winner does not maintain such an account or hold an OCBC Yes! Card or does not successfully open such an account or apply for an OCBC Yes! Card, the Organiser shall have the absolute discretion to forfeit such Winner's rights to the Prize (in which case, such Winner will not have any right to the Prize) and such Winner shall not have any right to any compensation as a result of such forfeiture.

(c) The Organiser reserves the right, at their sole discretion, at any time, without notice or assigning reason thereof, to replace or substitute the Prize with another prize of equal or similar value selected by the Organiser.

7. PUBLICITY

(a) Each Participant agrees that he or she will not participate or appear in any other challenges which are similar to the Challenge if such other challenges are organized by any competitor of the Organiser for a period of 24 months from the date of the submission of the relevant Video pursuant to Clause 3(c).

(b) Each Participant authorizes the Organiser to disclose to any persons and to publicise his/her name, photograph, the Video, the Winner Video and any other information or particulars relating to him/her in any mode and manner as the Organiser may deem appropriate and, further agrees to co-operate with and participate in any advertising or publicity activities organized by the Organiser without compensation whatsoever.

8. GENERAL RULES

(a) By participating in this Challenge, all Participants (including the selected Winners) agree to release and hold harmless the Organiser and the Third Parties from any and all liability whatsoever for any injuries, losses or damages of any kind to any person or property arising from or in connection with, either directly or indirectly, (i) the awarding, acceptance, receipt, possession, use and/or misuse of any of the Prizes or parts thereof awarded pursuant to the Challenge, or (ii) the participation in the Challenge or any prize-related activities.

(b) The Organiser reserves the right in its sole and absolute discretion, at any time, without notice or assigning any reason therefore, to remove any materials (including, without limitation, any Video and Winner Video) from any Media (including, without limitation, facebook) that the Organiser deems fit.

(c) The Organiser shall not be responsible and gives no representation or warranty whatsoever as the quality, merchantability or fitness for purpose of any other implied terms and conditions with respect to any products. Notwithstanding anything herein, the Organiser shall not at any time be responsible or held liable for any defect or malfunction in any product, and/or for any loss, injury, damage or harm suffered or incurred by or in connection with the use of any prize by any person.

(d) If the Organiser subsequently determines that a person is in fact not eligible to the Prize or participate in the Challenge, for any reason whatsoever, the Organiser may at its discretion reclaim the Prize and award or dispose of it in such manner and to such person/persons as the Organiser deems fits in its sole discretion. If the Organiser needs to reclaim the Prize, each Participant hereby authorizes and consents to the Organiser debiting the Prize from any of his/her OCBC bank account(s).

(e) No person shall be entitled to any payment or compensation from the Organiser should any Prize be forfeited or reclaimed. Without prejudice to the generality of the foregoing, the Organiser reserves the right to disqualify any person from the Challenge if in the opinion of the Organiser there has been any fraud or breach of these Terms and Conditions.

(f) The Organiser reserves the right to terminate the Challenge at any time without notice. The Organiser shall not be liable to any person for any loss or damage arising in connection with the Challenge, including without limitation, any error in computing any breakdown, or malfunctions in any computer system or equipment. Without prejudice to the generality of the foregoing, the Organiser assumes no responsibility for lost, late, misdirected, damaged, incomplete, illegible and/or postage-due mail. The Organiser shall also not be liable for any losses, damages, claims, liabilities or expenses incurred by a Participant if the Link and/or the Video, submitted by the Participant pursuant to Clause 3(a), fails to reach the Organiser for whatsoever reasons. Notwithstanding anything to the contrary, even if the Link and/or the Video are received by the Organiser, the Organiser has the absolute discretion not to review, utilize an/or use the Link and/or the Video (whether for the purpose of the Challenge or otherwise) and the Organiser is not obligated to provide any reason for any of its decision. Further, the Organiser shall not be liable or responsible in anyway whatsoever in the event a Participant's YouTube Account is terminated or the Link is removed, erroneous, incomplete, non-existent or corrupted as determined by the Organiser, or the Video submitted is removed, incomplete, non-existent, corrupted or not viewable as determined by the Organiser, and the Organiser shall not be obliged to inform the Participant of the same. In the event that a Participant submits a Link entry that is removed, erroneous, incomplete, non-existent or corrupted as determined by the Organiser, or the Video submitted is removed, incomplete, non-existent, corrupted or not viewable as determined by the Organiser, the Organiser shall be entitled in its absolute discretion to disqualify the entry of such Participant from the Challenge.

(g) The decision of the Organiser on all matters relating to the Challenge shall be final, binding and conclusive on all participants, including, without limitation, any decision on the eligibility of any person or to cancel or suspend the Challenge. Subject to and without prejudice to the generality of the foregoing, the Organiser's record(s) of the entries and/or the Challenge shall be final, binding and conclusive for all purposes and in any legal proceedings. No correspondence will be entertained.

(h) In the event of any inconsistency between these Terms and Conditions and any brochure, marketing or promotional material relating to the Challenge, these Terms and Conditions shall prevail.

(i) The Organiser may at any time at its absolute discretion, without notice or assigning any reason therefore, delete, vary, supplement, amend or modify any one or more of these Terms and Conditions in such manner as the Organiser shall think fit, including without limitation, the eligibility of any Participant, the bases and methods of identification of eligible Participants of the Challenge and any dates in connection with the Challenge. The Organiser shall not be liable for any claims, costs, expenses, loss or damage suffered by any person as a result of the aforementioned matters.

(j) Notwithstanding anything to the contrary, each Participant acknowledges and agrees that the Organiser has the absolute discretion to use such Participant's Video, the Winner Video and/or other personal details provided by such Participant to the Organiser for future marketing related programmes.

(k) The Organiser shall correspond with each Participant by way of electronic mail, mobile telephone and home telephone, in the order of precedence, based on the particulars submitted by the Participant pursuant to the Challenge. In the event that there is a change in the communication details, the Participant shall promptly inform the Organiser in writing. The Organiser shall not be held liable for any lost or misplaced communication arising thereon.

(l) These Terms and Conditions shall be governed by the laws of Singapore and the Participants irrevocably submit to the non-exclusive jurisdiction of the courts in Singapore. A person who is not a party to any agreement governed by these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of these Terms and Conditions.