2. Selling with prizes by fraudulent means, such as falsely claiming a prize or deliberately letting the default personnel win the prize;
3. Lottery sales, with a maximum bonus of over 50,000 yuan.
First, the definition of unfair sales with prizes
Improper sales with prizes means that operators violate the principles of honesty, credit and fair competition. Selling goods or providing services is actually cheating or other means to harm the interests of consumers or the legitimate rights and interests of other operators in the name of providing rewards such as material, money and additional services.
2. Improper bonus sales can be roughly divided into two types: improper lottery sales and improper bonus sales.
1, improper lottery sales
Prize-winning sales refers to the sales method in which the seller decides whether the buyer will win prizes or bonuses by accidental means such as lottery, lottery and quiz. However, lottery sales activities such as prize-winning fund-raising approved by the government or relevant government departments according to law do not belong to prize-winning sales. Lottery-winning sales use the buyer's game mentality to promote goods, which is easy to breed bad social atmosphere. What's more, under the guise of "prize-winning sales", it promotes inferior goods and harms the legitimate rights and interests of consumers. Therefore, all countries in the world will take corresponding regulatory measures on lottery sales. For example, Germany's "Bonus Act" prohibits the promotion of goods or services by lottery, or provides free seats in each car in order to attract customers to take a group tour bus.
2. Improper reward sales
Bonus sales refers to the sales behavior that the seller provides gifts, bonuses or valuable certificates to all buyers under certain conditions. On the one hand, gift sales have tying effect on consumers, which makes consumers misunderstand because the price structure of goods or services is not obvious and buy goods that they don't need originally; On the other hand, it may hinder the competition of competitors or gift suppliers in related fields. Therefore, all countries in the world have corresponding regulatory measures for lottery sales.
Three. Elements of improper bonus sales
1, main aspects
The main body of improper sales with prizes is the operator, so it is different from welfare lottery, sports lottery and other public welfare lottery issued according to law.
2. Subjective aspects
Subjectively, operators must have the purpose of intentional and unfair competition, that is, to influence and interfere with consumers' normal consumption choices by inducing their game psychology.
3. Object aspect
Improper sales with prizes destroy the normal competition order by means of price and quality, and infringe on the legitimate rights and interests of other operators' fair competition rights and consumers' independent choice rights.
4, the objective aspect
Improper bonus sales can be roughly divided into two types: improper lottery sales and improper bonus sales.
legal ground
People's Republic of China (PRC) Anti-unfair Competition Law
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.