According to the Anti-Unfair Competition Law of People's Republic of China (PRC):
Article 10 A business operator shall not have the following circumstances when selling with prizes:
(1) The category of prizes, redemption conditions, bonus amount or sales information of prizes are unclear, which affects the redemption; ?
(2) Selling with prizes by fraudulent means such as lying about winning a prize or intentionally letting the defaulting personnel win a prize; ?
(three) the sale of lottery tickets, the maximum bonus amount of more than fifty thousand yuan.
Extended data:
Bonus sales should not be arbitrary.
According to media reports, a supermarket in Guangxi recently held a lucky draw, and a 2-and-a-half-year-old boy was lucky to win a BMW. But then the local industrial and commercial department intervened in the investigation, saying that the supermarket lottery was suspected of being illegal and might face a fine.
All kinds of lottery activities held by merchants are just to promote goods and expand sales, which is a means to attract consumers. Especially before holidays, there are many similar activities in various forms, such as lottery, coupon return and so on. These lottery activities seem to be the sales behavior of merchants, but there are also many restrictive provisions in the law, which cannot be done at will.
According to the newly revised Anti-Unfair Competition Law, an operator may not carry out prize sales in the following circumstances: the type of prize, redemption conditions, bonus amount or prize is unclear, which affects redemption; Selling with prizes by fraudulent means, such as falsely claiming a prize or intentionally letting the defaulting personnel win the prize; Lottery sales, the highest prize amount of more than 50 thousand yuan.
In violation of relevant regulations, the supervision and inspection department shall order it to stop the illegal act and impose a fine of 50,000 yuan to 500,000 yuan. It can be seen that merchants must strictly abide by the above provisions when setting up prize sales, otherwise it may constitute unfair competition. In the above news, the supermarket lottery violates the regulation that the maximum prize amount should not exceed 50 thousand yuan, which is suspected of breaking the law.
With the popularity and development of the Internet, the lottery activities in shopping malls have also spread to the Internet. The lucky draw is conducted online through WeChat official account or chat group, and the prize is received offline. Whether it is "gathering praise to send" or "lottery to send", there is a common problem of "difficulty in redemption" when receiving it. This kind of lottery will not only lead to commercial fraud, but also lead to the disclosure of consumers' personal information and infringe on their legitimate rights and interests.
The original intention of consumers to participate in the lottery is very simple, and they often hold the mentality of "participating" and "taking a chance", but as the saying goes, "it is better to buy than to sell", no matter how attractive the lottery conditions seem, consumers should face them rationally, don't buy impulsively for the sake of the lottery, and more importantly, clearly understand the lottery rules and various restrictions of merchants to avoid falling into the trap.
Once you encounter marketing fraud, you should also keep good evidence and take up legal weapons to safeguard your rights and interests.
In addition, the regulatory authorities should not always be "late" for the award-winning sales behaviors with frequent patterns, but should strengthen law enforcement, urge businesses to standardize their operations through unannounced visits, and eliminate the blind spots of supervision;
Publicize relevant legal knowledge such as anti-unfair competition and protection of consumers' rights and interests to merchants through various channels, help operators consciously establish a sense of law-abiding operation and create a fair and law-abiding market competition order;
Open channels for reporting complaints, get relevant clues in time, and use the authority granted by laws such as administrative guidance, market access, administrative supervision and administrative punishment to effectively safeguard the legitimate rights and interests of consumers.
People's Network-Bonus sales should not be arbitrary