Provisions prohibiting unfair competition in prize-winning sales activities
first
In order to stop the unfair competition in the sales activities with prizes, these Provisions are formulated according to the relevant provisions of the Anti-Unfair Competition Law of People's Republic of China (PRC) (hereinafter referred to as the Anti-Unfair Competition Law).
second
The term "sales with prizes" as mentioned in these Provisions refers to the behavior of business operators selling goods or providing services, and providing goods, money or other economic benefits to buyers. Include bonus sales that reward all buyers and lottery sales that reward some buyers. Anyone who decides whether the buyer wins the prize by drawing lots or shaking numbers by chance belongs to the lottery method. These Provisions shall not apply to prize-winning fund-raising and other lottery sales activities approved by the government or relevant government departments according to law.
essay
The following sales with prizes are prohibited: (1) making false statements about sales with prizes, or making false statements about the category, winning probability, maximum prize amount, total amount, category, quantity, quality and delivery method of prizes. (2) Deliberately letting the defaulter win the prize by improper means. (3) Deliberately not putting commodities and lottery tickets with winning marks on the market or not putting them on the market at the same time as commodities and lottery tickets; Deliberately put commodities and lottery tickets with different bonus amounts or prizes on the market at different times. (4) Other fraudulent sales with prizes. The behavior in Item (4) of the preceding paragraph shall be determined by the administrative department for industry and commerce at or above the provincial level. The identification made by the provincial administrative department for industry and commerce shall be reported to the State Administration for Industry and Commerce for the record.
Article 4
Lottery sales with prizes, the maximum prize amount shall not exceed 5000 yuan. If non-cash items or other economic benefits are awarded, the amount shall be converted according to the normal price of similar goods or services in the market at the same period.
Article 5
Operators shall not sell goods with high quality and low price by means of prize-winning sales. The high quality and inferior price mentioned in the preceding paragraph shall be determined by the administrative department for industry and commerce according to the price and quality of similar goods in the market at the same time and the complaints of buyers, and shall be determined jointly with relevant departments when necessary.
Article 6
When selling with prizes, the operator shall clearly indicate to the purchaser the prize type, winning probability, prize amount or prize type, award time and method, etc. For off-site instant lottery sales, the notice shall also include the time, place and method of drawing the lottery and the time and method of notifying the winners. The business operator shall not change the matters specified in the preceding paragraph that have been made clear to the public. For the prize-winning sales activities that draw a lottery immediately at the sales site, the operator shall make it clear to the purchaser at any time about the redemption of prizes beyond 500 yuan.
Article 7
Violation of the provisions of the first paragraph of Article 3, Article 4 and Article 5 shall be dealt with by the administrative department for industry and commerce in accordance with the Anti-Unfair Competition Law. Whoever violates Article 6 of these Provisions and conceals the real situation in accordance with Article 26 shall be regarded as fraudulent sales with prizes and shall be dealt with in accordance with the provisions of the preceding paragraph.
Article 8
If a party is infringed by unfair competition in the sales activities with prizes, he may bring a suit for compensation to the people's court in accordance with the provisions of Article 20 of the Anti-Unfair Competition Law.
Article 9
Bonus sales that occurred before the implementation of the anti-unfair competition law and were prohibited by the anti-unfair competition law may not continue after the implementation of the anti-unfair competition law. However, if the scheduled time of the lottery and award is after 1993 1 February1day, the operator shall still fulfill his obligations of lottery and award at the scheduled time according to the scheduled matters.
Article 10
These Provisions shall come into force as of the date of promulgation.