My Bank Campaign - Terms and Conditions

MY BANK CAMPAIGN
SAGICOR BANK (BARBADOS) LIMITED
TERMS AND CONDITIONS

This document gives the terms and conditions (“Terms and Conditions”) of Sagicor Bank (Barbados) Limited (“Sagicor Bank” or “We” or “Our”) for the My Bank Campaign (“Campaign”) that will be valid from the 8th of February 2024 until the 31st of December 2024.

These Terms and Conditions apply to this Campaign which Sagicor Bank may run, whether on Our websites, social media platforms, on-air or otherwise. We offer to the Barbados public (“You” or “Your”) the opportunity to participate in Our Campaign. We reserve the right to amend or terminate the Campaign at any time, for any reason. The Campaign is administered by Sagicor Bank.

You are bound by these Terms and Conditions by participating in the Campaign. By participating in the Campaign, You agree to use the Campaign in the manner specified in these Terms and Conditions. If You do not agree to these Terms and Conditions in their entirety, You are not authorized to register or to participate in the Campaign in any other manner. You may not participate in the Campaign where by doing so would be prohibited by any applicable law or regulations.

We reserve the right to vary, amend or replace all or any of these Terms and Conditions at any time and/or the methods through which prizes are earned without prior notice.  We shall notify You of any changes made to these Terms and Conditions as soon as is practicable and any changes to these Terms and Conditions will be communicated to You via any of the following means, that is, market announcements, notices via Sagicor Bank App, Sagicor Bank Website, our Automated Banking Machine (“ABM”) screens, email or any other method of communication that Sagicor Bank desires to utilize.  Sagicor Bank considers You to have received notice on the same day it was posted via the market announcement, posted via Sagicor Bank Mobile App or Sagicor Bank Website, our ABM screens or the same day it was sent via email.   You acknowledge that any time You access and use any product or service of Sagicor Bank or continue participating in the Campaign after an amendment to any part of these Terms and Conditions, You accept and agree to the changes.

We reserve the right to disqualify You from participation in the Campaign at any time at Our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by Sagicor Bank).

How the Campaign Works 

1. Campaign duration: This Campaign is a limited-time Campaign that will run from the 8th of February 2024 until the 31^st of December 2024.
2. Explanation of Words: Here are some definitions of the words and terms used in these Terms and Conditions. Please review and refer to these words carefully to ensure complete understanding. 

• “Allocation Mechanics”: The defined mechanism in which the raffle will be held to deliver the campaign rewards.
• “New Client”: potential new clients opening a .Savings account, .Expert-Saver account or .Deposit account with Sagicor Bank in Barbados.
• “Existing Client”: clients who already have a .Savings account, .Expert-Saver account or .Deposit account with Sagicor Bank in Barbados.
• "Sponsor" or “Bank”: refers to Sagicor Bank in Barbados.
• “Eligible”: refers to the qualification to participate in this Campaign.
• "Opening an account": It means opening a new .Savings account, E.Expert-Saver account or a D.Deposit account with Sagicor Bank in Barbados.
• “.Savings account”: interest bearing bank account product offered by Sagicor Bank. This type of account does not charge monthly fees and does not require a minimum opening balance. Its interest rate is 1.5% per annum and it is quarterly paid.
• “.Expert-Saver account”: bank account product with the highest interest rate offered by Sagicor Bank. This type of account requires maintaining a minimum balance of BBD $2,500 to avoid monthly fees; falling below this minimum balance results in a BBD $10 charge for the customer. Its interest rate is 2% per annum and it is paid on the minimum quarterly balance.
• “.Deposit account”: bank account product offered by Sagicor Bank for everyday transactions. This type of account does not charge monthly fees, does not require a minimum opening balance, does not have an interest rate, and is linked to an internationally accepted debit card.
• “Credit Card Usage”: refers to when a client uses their Credit Card at a Point-of-sale or online
• “Debit Card Usage”: refers to when a client uses their Debit Card at a Point-of-sale or online
• “Bill Pay”: refers to when a client uses the ‘Pay Bill’ feature in the Sagicor Bank Mobile App.
• “Promotional Period”: refers to the period in which the incentive for Opening an account with Sagicor Bank in Barbados will be available.
• “Incentive”: refers to the giveaway offered to promote opening a .Savings account, .Expert-Saver account, .Deposit account or Fixed Deposit Account, Credit Card, Debit Card and Bill Pay usage. Incentives consist of varying prizes decided by Sagicor Bank. 
• “Mobile App”: refers to the Sagicor Bank Mobile App used on a client’s mobile phone.

3. Campaign Mechanic

(a)  In acquiring New Clients for Sagicor Bank in Barbados, New Clients who shall open a .Deposit account, .Savings account or an .Expert-Saver account  during the Campaign duration will participate in a raffle to win, in a random choice manner by Sagicor Bank, each month. These randomly selected New Clients, will be eligible to win a prize decided by Sagicor Bank and advertised prior to selection. New Clients must download the Sagicor Bank Mobile App, follow the sign-up process to confirm their personal data and authenticity, and once the process is finished, the Bank will review the application. New Clients should look out for an email or text message from Sagicor Bank within one (1) business day to continue the onboarding process. The onboarding starting point will be to choose their account of preference.

 (b)  In promoting to Existing Clients who open a .Deposit account, .Savings account, or .Expert-Saver account, apply for and use a credit card, use their debit card or pay a bill using the Sagicor Bank Mobile App, during the Campaign will be eligible to participate in a raffle to win in a random choice manner each month. These randomly selected Existing Clients will be eligible to win a prize decided by Sagicor Bank and advertised prior to selection.  Existing Clients must login the Sagicor Bank Mobile App and look for the “new account” option to select between opening a .Savings account, .Expert-Saver account or a .Deposit account, or select Loans and Credit Cards to apply for a credit card, or select Pay Bill, to use the bill pay feature, or use their credit or debit card at a Point-of-sale terminal or online.

4. Participants

This Campaign is open to legal residents of Barbados who are 18 years of age or older, who open a Sagicor Bank .Savings account, .Deposit account or .Expert-Saver account and/or apply for or use a credit card or pay a bill using the Sagicor Bank mobile app during the campaign duration.

5. Incentives
6. During the Promotional Period, New Clients or Existing Clients who open a .Savings account, .Expert-Saver account, .Deposit account, Fixed Deposit Account, acquire and/or use a Credit Card or Debit Card or pay a Bill with Sagicor Bank, will have the opportunity to  to win varying prizes offered by and determined by Sagicor Bank that will be advertised at varying times during the promotional period. Depending on the incentive that applies (see details in section 3 above). These incentives will be given as a reward to the NewClients and Existing Clients, therefore there is zero cost for the beneficiaries. The amount, characteristics and raffle mechanic of the incentives are as it follows:

1. Incentives for Sagicor Bank New Clients & Existing Clients

For New Clients opening a .Deposit account, .Savings account or an .Expert-Saver account and Existing Clients who apply for a Credit Card, use their Credit Card or Debit Card at Point-of-Sale terminals or online or uses the Bill Pay feature, will be eligible for a chance to win varying prizes offered by and determined by Sagicor Bank that will be advertised at varying times during the Promotional Period.

1. Incentives for Sagicor Bank Existing Clients

For Existing Clients who apply for a Credit Card, use their Credit Card or Debit Card at Point-of-Sale terminals or Online or uses the Bill Pay feature. 

1. Random Selection Process

Criteria for random selection may involve numeric elements like the last 4 digits of the new account or as determined by the Bank. The random selection will be conducted by an independent third party, devoid of access to sensitive data (or personal data or sensitive personal data as defined under the Data Protection Act 2019 of Barbados), ensuring result anonymity. The Bank is not obligated to disclose mechanics, procedures, or results of Incentive allocation to New Clients, Existing Clients or any third party.

6. Participant’s commitment and responsibilities

(a) Selected Existing Clients and New Clients understand and accept that their image and name may be published in print media or used in videos on TV and social media during the Campaign and/or in any upcoming Bank advertising. Therefore, they accept the use of their name and image by the Bank without any financial compensation, or the Incentive may be forfeited.

(b) If the selected Existing Clients and/or New Clients decline to fulfill the condition described in section (a) above, their eligibility will be voided, and the Bank may at its sole discretion, grant the Incentive to another Eligible New Client.

(c)It is understood and accepted that the Incentive Allocation Mechanics, and the logistics and execution of the activities of the Sunset Voyage Experience, will be carried out by third parties arranged by the Bank. The selected Existing Clients and New Clients agree to comply with each one of the requirements, conditions and terms required for a proper provision of services.

(d) The selected Existing Clients and New Clients will be responsible for any taxes, tips, insurance, and expenses not explicitly stated as part of their Incentive. (e) Existing Clients and New Clients must also agree to release, discharge, and hold harmless the Bank from any and all claims, losses, injuries, or damages resulting from their participation in the Campaign.

(f) Opening a New Account is considered your consent to participate in this Campaign and your consent for the Bank to obtain your name, address, and other information for the lawful purpose of administering this Campaign and for other uses as permitted by applicable laws.

(g) It is understood and accepted by Existing Clients and New Clients that Incentives are not transferable, may be subject to change and must be accepted as offered by the Bank in these Terms and Conditions, which may also be modified at any time by the Bank, at its sole discretion.

(h) To the extent permitted by law, neither the Bank, nor their parent or affiliated companies, nor their respective officers, agents, service providers or vendors, shall be liable for any direct or indirect damages, loss of revenue, profit or opportunity or consequential, special, lost profits, incidental, consequential or other similar damages ("Remote Losses"), arising out of or in connection with these Terms and Conditions and the running of the Campaign, whether arising as a consequence or as a result of the Campaign, in tort or otherwise.

7. Bank’s commitment and responsibilities

(a) If necessary and/or at the discretion of the Bank, the Bank reserves the right to expand and/or clarify the scope of these Terms and Conditions and/or any of the procedures.

(b) The Bank reserves the right, in its absolute discretion, to modify the Terms and Conditions or to change or withdraw this Campaign at any time without giving any reason. In the event of any dispute arising out of this Campaign, the decision of the Bank shall be final.

(c)These terms and conditions apply only to this Campaign and do not apply to any other Campaign or program of the Bank, or to any other Campaign or joint program of the Bank and any other entity or brand.

(d) Any doubt, query, complaint, or claim related to the mechanics of the Campaign, visit www.sagicor.bank.

8. Privacy.

You may participate in the Campaign made available by Sagicor Bank in order participate and be a potential New Client or Existing Client. To do this, You must necessarily submit personal information about yourself, such as name and e-mail address information, so that Sagicor Bank can send communications to You. The personal information will be collected, processed and used in accordance with Sagicor Bank’s Privacy Policy, which can be found at Sagicor Bank | Privacy Policy. You understand that, Sagicor Bank may also use the personal information to send to You additional follow-up communications in order to encourage or remind You to complete onboarding with Sagicor Bank. The personal information may also be used by Sagicor Bank to contact You with regards to Your participation in the Campaign and to send to You additional communications from Sagicor Bank.

9. Content Ownership and Use.

Sagicor Bank’s Online or Sagicor Bank Mobile App or Sagicor Bank Website platform and the Campaign contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, "Content"). As between You and Sagicor Bank, all Content is the property of Sagicor Bank or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Sagicor Bank’s Online or Sagicor Bank Mobile App or Sagicor Bank Website platform or the Campaign is the exclusive property of Sagicor Bank and is protected by copyright, trademark, and other laws.

10. License to You

Sagicor Bank authorizes you, subject to these Terms and Conditions, to access and use Sagicor Bank Online or Sagicor Bank Mobile App or Sagicor Bank Website platform, the Campaign, and the Content solely for Your personal, noncommercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy You make of it.

11. Trademarks and User Submitted Content

The registered or unregistered logos, product and service names contained in Sagicor Bank’s Online or Sagicor Bank Mobile App or Sagicor Bank Website platform or the Campaign are or may be trademarks of Sagicor Bank or its licensors (the "Marks"). Without Sagicor Bank’s prior written permission, and except as solely enabled by any link as provided by Sagicor Bank, You agree not to display or use in any manner the Marks.

12. Liability.

A. By participating in the Campaign, You agree to:

Be bound by these Terms and Conditions, the decisions of Sagicor Bank and its designees, and the Privacy Policy of Sagicor Bank;

Defend, indemnify, release and hold harmless Sagicor Bank, its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and Campaign entities and any person or entity associated with the production, operation or administration of the Campaign (collectively, the "Released Parties"), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to Your participation in the Campaign (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Campaign or any Prize); and

B. Sagicor Bank shall not be liable for:

•             Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;

•             Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;

•             Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;

•             Any printing, typographical, administrative or technological errors in any websites or materials associated with the Campaign; or

•             Claims, demands, and damages in disputes among You; or

•             Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a Prize, or from participation in the Campaign, that were not reasonably foreseeable to Sagicor Bank at the relevant time.

C. Sagicor Bank disclaims any liability for damage to any computer system resulting from participating in or accessing or downloading information in connection with the Campaign, and reserves the right, in its sole discretion, to cancel, modify or suspend the Campaign should a virus, bug, computer problem, unauthorized intervention or other cause beyond Sagicor Bank’s control corrupt the administration, security or proper operation of the Campaign.

D. Sagicor Bank shall not be liable to any You for failure to supply any prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE CAMPAIGN IS AT YOUR SOLE RISK; THE CAMPAIGN IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND SAGICOR BANK EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE CAMPAIGN, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) SAGICOR BANK MAKES AND GIVES NO WARRANTY THAT (i) THE CAMPAIGN WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE CAMPAIGN WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE CAMPAIGN WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CAMPAIGN IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

14. Conduct.

A. If a solution cannot be found to restore the integrity of the Campaign after the occurrence of “Prohibited Conduct” (as defined below), Sagicor Bank reserves the right to cancel, change, or suspend the Campaign.

B. Prohibited Conduct, Generally

You agree not to use the Campaign to:

•             Violate applicable law;

•             Infringe the intellectual property rights of Sagicor Bank or any third parties;

•             Stalk, harass, or harm another individual;

•             Collect or store personal data about others;

•             Impersonate any person or otherwise misrepresent Your identity;

•             Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Campaign; or disobey any requirements, procedures, policies, or regulations of such networks;

•             Interfere with another Your use of the Campaign;

•             Attempt to gain unauthorized access to the Campaign, other accounts, computer systems, or networks connected to the Campaign;

•             Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;

•             Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

•             Resell, barter, trade, auction or otherwise generate income by providing access to the Campaign to others.

15. Bulk Distribution ("Spam")

If You provide a personal link to Sagicor Bank by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with You.

Bulk referrals, distribution to strangers, or any other Campaign of a Campaign in a manner that would constitute or appear to constitute unsolicited commercial email or "Spam" in Sagicor Bank’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Your participation in the Campaign. Sagicor Bank has a no-tolerance spam policy.

Sagicor Bank has no obligation to monitor the content provided by You; however, Sagicor Bank may choose to do so and block any email messages, remove any such content, or prohibit any use of the Campaign.

While Sagicor Bank is the actual sender of the email, You must nonetheless comply with applicable law. Where You do not comply with the law, including antispam laws, You are obligated to indemnify Sagicor Bank and all of the Released Parties against any liabilities, costs and expenses incurred as a result of such violation.

16. Fraudulent and Suspicious Behavior

Sagicor Bank may prohibit You from participating in the Campaign or receiving a Prize, in Sagicor Bank’s sole discretion, if Sagicor Bank determines that You are attempting to undermine the fairness, integrity or legitimate operation of the Campaign in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other You or any representatives of Sagicor Bank.

Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.

You may not enter with multiple or fake emails addresses or accounts, use fictitious identities, or use any system, bot or other device or artifice to participate in the Campaign or receive a Prize.

Sagicor Bank reserves the right to disqualify any You and/or cancel any Prize(s) if Sagicor Bank finds You to be tampering with the entry process or the operation of the Campaign or violating these Terms and Conditions in any way.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CAMPAIGN MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CAMPAIGN. SHOULD SUCH AN ATTEMPT BE MADE, SAGICOR BANK RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

17. Suggestions and Submissions.

Sagicor Bank appreciates hearing from users and welcomes Your comments regarding the Campaign. Please be advised, however, that Sagicor Bank does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While Sagicor Bank values Your feedback on the Campaign, please be specific in Your comments and do not submit Creative Ideas. If, despite this request, You send Sagicor Bank Creative Ideas, Sagicor Bank:

•             Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;

•             Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and

•             Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

K. Applicable Law; Arbitration.

a. Any and all disputes, claims and causes of action arising out of or related to the Campaign or any Prize or other prize awarded pursuant to the Campaign or to this agreement shall be resolved under Barbados law (without reference to its conflicts of laws principles).

b. You and Sagicor Bank agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Sagicor Bank’s Online or Sagicor Bank Mobile App or Sagicor Bank Website platform or the Campaign under the Rules of Arbitration of the International Chamber of Commerce. Any such arbitration, to the extent necessary, shall be conducted in Barbados. You covenant not to sue or otherwise bring a claim against Sagicor Bank in any other forum.

18. General Terms.

These Terms and Conditions constitute the entire agreement between You and Sagicor Bank concerning Your use of the Campaign. The failure of Sagicor Bank to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Sagicor Bank and You nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.