Code of conduct for sales activities with prizes and legal risks analysis
PART 
. shall not make false or misleading commercial publicity
The authenticity of the sales activities themselves and their activity information is the most basic compliance requirement. Operators shall conduct promotional activities with truth, accuracy, and clearly and conspicuous targets. They shall not make false or misleading commercial publicity by using false commercial information, fictitious transactions or evaluations to deceive or mislead consumers or the relevant public. False or misleading commercial publicity for prize-based sales activities is not only a violation of the laws on prize-based sales, but may also constitute false publicity or false advertising.
Typical case
On August 7, 2018, Mr. Zhong bought two cans of potato chips of a certain brand in supermarket in . The display of the can help the intangible cultural heritage scan code lottery. However, after Mr. Zhong scanned the QR code with his mobile phone, the page that popped up prompted that the event had ended and the lottery could not be drawn. Mr. Zhong believed that since the event had ended, the event products should not be sold, so he called the mayor's hotline to make a complaint. The next day (August 8), the Lianshui County Market Supervision Bureau immediately conducted a relevant investigation.
Law enforcement agencies found out that The activities on the above-mentioned product packaging contain the following three false contents: 1. " China Intangible Cultural Heritage Public Welfare Fund " was China Social and Cultural Development Foundation was established on August 25, 2008, and was later revoked in the second half of 2011; 2. "China Cultural Protection Foundation" was not registered in Ministry of Civil Affairs of the People's Republic of China ; 3. The parties said "Award setting: The total number of red envelopes won this time is 145 million, and the winning rate of red envelopes is about 36%. However, there are only 91.826 million "Kobick event packing chips" actually put on the market, and the total number of red envelopes won is far lower than the number of 145 million red envelopes promised in the advertisement, which is huge.
Law enforcement agency determined: The parties marked the "Happy Helping Intangible Cultural Heritage Red Envelopes" on the can of "*** Activity Pack Potato Chips" and other contents, and used the revoked "China Intangible Cultural Heritage Public Welfare Fund" and the non-existent "China Cultural Protection Foundation" and the number of red envelopes promised in the advertisements is much higher than the total number of winning red envelopes actually put on the market. The purpose is to attract consumers' attention and use the psychology of consumers to assist in public welfare, promote "*** Activity Pack Potato Chips", affecting consumers' purchasing behavior, and violate the provisions of Article 4, Paragraph 1 of the " Advertising Law" "Advertising shall not contain false or misleading content, and shall not deceive or mislead consumers". It belongs to Article 28, Paragraph 2, Article (2) of the Advertising Law, which belongs to the publication of false advertisements. According to the cost of "*** event packing potato chips" packaging paper 0.1 yuan per can, the advertising cost for carrying out the event is 9.1826 million yuan. According to the provisions of Article 55, Paragraph 1 of the Advertising Law, a fine of 4 times the advertising cost is imposed, with the fine amount of RMB 36.7304 million.
(Special note: The above cases are from the Internet, and the author has not retrieved the public final penalty decision document)
Typical case
The party involved has invested 15 million bottles of *chewing gum nationwide to carry out prize-winning sales activities. The parties involved explicitly stated the lottery rules through the packaging of the chewing gum bottle. The consumer opened the bottle cap after purchasing chewing gum, scanned the QR code in the bottle cap and entered the lottery page to participate in the lottery. The activity rules for
chewing gum bottle are: First Prize: Russia Tour (worth 4999 yuan * travel voucher), with a total of 3 copies, with a winning rate of 0.0002%; Second Prize: *E Card (worth 100 yuan), with a total of 800 copies, with a winning rate of 0.005%; Third Prize: WeChat red envelopes and ** membership cards are randomly distributed, with a total of 14999197 copies, with a winning rate of 99.99%. The validity period of the event is: April 23, 2018-August 31, 2018.
Law enforcement officers found out that the lottery rules on the bottle packaging of the event * chewing gum for sale in do not match the lottery rules on the lottery page. The actual prize of the third prize is (** three-day membership or ** membership over 30 vouchers), the actual winning rate of the first prize is 0.00002%, and the actual validity period of the event is April 16, 2018 to August 31, 2018, which are inconsistent with the actual prize, affecting the redemption of the prize.
Law enforcement agency determined that: The parties did not make clear and clear statements about the prizes, winning rates and validity periods set for the prize sales activities held by the prize, which affected the prize redemption behavior and violated the provisions of Article 10, item (1) of the " Anti-Unfair Competition Law" and imposed a penalty of 300,000 yuan in accordance with Article 22 of the "Anti-Unfair Competition Law".
. Ensure that prizes and gifts comply with the legal provisions
First, the prizes or gifts provided by operators in promotions must comply with relevant national regulations, and pay special attention to the labeling of the product must comply with the legal provisions. For example, when some enterprises use customized products as prizes, they should pay special attention to this type of risks;
Second, they shall not use infringement or unqualified products, goods that the state explicitly eliminates and stops selling, etc. as prizes or gifts;
Third, relevant laws and regulations also clearly prohibit products as prizes or gifts, and products that are prohibited as prizes or gifts. For example, according to the relevant provisions of " Drug Circulation Supervision and Administration Measures " and " Drug Online Sales Supervision and Administration Measures ", pharmaceutical production and operation enterprises shall not give prescription drugs or Class A over-the-counter drugs to the public by selling, buying drugs, buying goods and giving drugs, etc.
Typical case: The gift tag logo does not comply with the legal provisions and is punished
A certain brand marketing planning company plans to officially open on February 6, 2021, and decided to use "vinegar" and "soy sauce" as gift products for the opening activities. Before opening, the company ordered several plastic bottles for "vinegar" and "soy sauce" (specially 500ml), and several "vinegar" and "soy sauce" labels with the words "How many years can I repair Jiang'an" were added.
On February 4, 2021, the company provided the above-mentioned plastic bottles to a soy sauce factory in Jiang'an County, entrusted it to produce 1,000 kilograms of "vinegar" and "soy sauce", and required it not to add product labels. After receiving the goods, the party involved added 300 bottles of "vinegar" and "soy sauce" labels with the words "How many years can you repair Jiang'an" on the batch of unlabeled "Vinegar" and "soy sauce". Later, 50 bottles of "vinegar" and 10 bottles of "soy sauce" were given away during the opening event.
Law enforcement agency determined: According to Article 10 of the "Interim Provisional Promotional Behavior ", the food donated by the parties shall comply with the provisions of Article 67, paragraph 1 of the Food Safety Law, but the food tags donated by the company are incomplete. In accordance with Article 24 of the Interim Provisions on Standardizing Promotional Behaviors and Article 125, Paragraph 1, Paragraph (2) of the Food Safety Law, it was decided that will order it to correct 's illegal acts and will be fined RMB 10,000.
Typical case: The gift was punished for three-no products and products without 3C certification
A jewelry store is engaged in the retail of gold, silver jewelry and jewelry and jade. In order to carry out promotional activities, a batch of gifts has been prepared from customers who come to the store. The gifts are as follows:
1. "Si**mei" multi-function shabu-baked pot, with 13 pieces. This product is a product included in the mandatory product certification catalog. After investigation by law enforcement personnel, the product manufacturer did not obtain the "3C" certification, and it was determined that the product is a product that has not been certified by the "3C" certification.
2. health cup water cup marked as "gold and silver products", 4 pieces, no product name, factory name, or factory address information was found.
3. "Si**mei" health purple clay pot, 20 pieces. This product is a product included in the mandatory product certification catalog, but the product does not see the manufacturer name and address information, and the product outer packaging, inner packaging and the product itself do not see the "3C" certification mark; and the party cannot provide the "3C" certification certificate materials, and it is determined that the product is a product that has not been certified by the "3C".
In accordance with Article 24 of the Interim Provisions on Standardizing Promotional Behaviors, Article 54 of the Product Quality Law, and Article 67 of the Certification and Accreditation Regulations, the law enforcement agencies decided to punish the parties as follows: order the parties to stop using the following products in business activities: "Si**mei" multi-functional shabu-baked pot, 13 pieces, "Si**mei" health purple clay pot, 20 pieces, health cups marked as "gold and silver products", 4 pieces; fined 120,000 yuan.
Discuss the issue: If the organizer of the prize-winning sales event does not have the franchise qualification, can this type of product be used as a gift if the organizer of the prize-winning sales event does not have the franchise qualification?
case introduction:
In January 2017, law enforcement officers of a county’s Food and Drug Administration inspected the market in a township in the jurisdiction of a township, and found that a retail pharmacy registered as a sole proprietorship sold over-the-counter drug , and adopted the method of giving away food to carry out promotional activities. For customers who purchased over-the-counter drugs of more than 200 yuan at one time, they gave away 5** beverages and food for free on the spot. 300 were given away, with a value of 1,500 yuan, a inventory of 200 yuan, and a value of 1,000 yuan. After investigation, the pharmacy held a legal license and other relevant legal certificates and licenses, and the source of the channels for purchasing ** beverages and food was legal, but the "Food Business License" was not applied for. Law enforcement officers took compulsory measures to seize the 200 ** beverages and foods in stock in the pharmacy on the spot.
Law enforcement differences:
Regarding whether this case should be investigated? Law enforcement officers made two different opinions.
The first opinion: The pharmacy’s behavior does not constitute an illegal act.
The second opinion: a case should be filed for investigation and punishment for unlicensed food.
The author believes that judging from the above reply content, for products that require franchise qualifications to operate, if the organizer of the prize-based sales activity does not have franchise qualifications, whether such products can be used as gifts can be used by different departments in practice. In practice, different departments should still pay attention to avoiding legal risks.
. Prize sales information must be published to clarify
Article 10 of the Anti-Unfair Competition Law stipulates that operators shall not conduct prize sales: (1) The types of prizes, conditions for redemption, amount of prizes, etc. of the prizes set up are unclear, which will affect the redemption of the prize. Article 13 of the "Interim Provisions on Standardizing Promotional Behaviors" stipulates that before selling with prizes, operators shall clearly publish information such as the type of prize, participation conditions, participation methods, lottery time, lottery method, prize amount or prize price, prize name, prize type, prize quantity or winning probability, prize redemption time, prize redemption conditions, prize redemption method, prize delivery method, prize abandonment conditions, organizer and their contact information before selling with prizes. It shall not be changed, conditions shall not be attached, and shall not affect the redemption of the prize, except where it is beneficial to consumers.
Typical case: He was punished for unclear activity period, prize model, color, etc.
A certain e-commerce company held a prize-winning sales activity in the Tmall official flagship store from September 24 to 27, 2019. Before the event started, the company posted several promotional information about this prize-winning sales event on the store Weitao , such as "#924 Gathering Day, the top 5 people who paid a single order for the event will get an iPhone11", etc., and announced the promotional pictures to the public on the homepage of the Tmall flagship store, with the content as follows: "Win iPhone11 from 0-1 points, start grabbing at 0:00 on September 24, buy it now." During the event on the 24th and 27th, the parties involved changed the promotional image content of the event several times, and posted two different activities on the same picture, such as: "From 9 to 11 o'clock, the top 5 people who pay a single actual payment will get an iPhone 11, and buy it immediately", "From 20 to 24 o'clock, the top 5 people who pay a single payment will get an iPhone 11, and buy it immediately", etc.
Law enforcement agency confirms:
The event period, prize model, color, etc. of the parties involved in the promotional pictures of Weitao and flagship store are unclear, which can easily mislead consumers.
Punishment result: ordered the cessation of illegal acts and imposed a fine of RMB 80,000.
Typical case: He was punished for not marking the sales deadline, lottery time and redemption time with prize
A certain trading company launched the "Get "Are You Got It's a Bullshit" tweet on its WeChat public account ** on January 29, 2021, and launched the "Give it a Greet" activity. The event content of the tweet announced by
: "How do you plan to be awesome in 2021? Register to become a ** WeChat member, tell us your wishes/plans/dreams in the comment section below. The top ten comments with the highest number of likes will receive a set of **2021 limited red envelopes for the Year of the Ox, and the most popular gifts in the Year of the Ox are waiting for you to get."
Law enforcement agency confirms:
This tweet did not mark the statistical deadline, lottery time and redemption time of the number of comments and likes left in the Year of the Ox, and the prize interaction activity can only be participated by browsing the ** WeChat official account, and the parties did not explain the situation of the prize interaction activity through other channels.
Punishment result: ordered the cessation of illegal acts; fined RMB 50,000.
Typical case: He was punished for not explicitly publishing the "number of prizes or the probability of winning each prize" and "price price"
A catering management company posted a tweet of the lottery event on its WeChat public account "Fu**man" on April 20, 2021, "Win 100%! You are in the bankruptcy to hold an event, and avocado is crazy!".
page displays the event time: April 21st to April 25th; the event rules allow customers to purchase any product "Avocado King Avocado Queen", take photos and share Weibo /Xiaohongshu/ Douyin , and @吧**官网IJuice (official brand account), screenshot sharing page and attach purchase records, and then contact the client's official account customer service WeChat: yqmsn2009 to participate in the lottery event. The event awards include "first prize: 280 yuan juice card, second prize: avocado King juice, third prize: avocado doll keychain".
Law enforcement agency determined:
After investigation, the actual lottery plan for the above activities of the parties is to join a WeChat group for the lottery activity among customers who are eligible to participate in the lottery. At the full amount, 1 first prize, 20 second prizes, and 40 third prizes will be drawn in the group. If the number of people is not satisfied, the lottery system will default to draw from the high prize level to ensure that everyone has a prize.
After investigation, the parties involved in the prize sales activity did not clearly publish the number of prizes or the probability of winning each prize, the price of prizes, etc. By the time of the incident, the actual number of participants in the above activities was 30 (1 first prize, 20 second prizes, and 9 third prizes), and the prizes have been issued and implemented.
Punishment result: is fined 50,000 yuan.
Discussion: The new price regulations regarding the price marking of gifts and the provisions of the "Interim Provisions on Standardizing Promotional Behaviors" to respond to:
According to Article 13 of the "Interim Provisions on Standardizing Promotional Behaviors", operators shall clearly announce the amount of the prize or the price of the prize before selling with prizes. According to Article 18 of the "Regulations on Clear Price Marking and Prohibiting Price Fraud", if an operator gives away items or services (hereinafter referred to as gifts), the name and quantity of the gifts shall be marked. If the gift indicates the price or value, the current sales price of the gift in the same business premises shall be marked.
Question: For gifts that are not sold in the same business premises, is the price of gifts marked or not?
For this issue, someone consulted the State Administration for Market Regulation through a message. The State Administration for Market Regulation’s reply is as follows:
1. Operators of both regulations need to abide by. At the same time, the "Interim Provisions on Standardizing Promotional Behaviors" belong to the old law and the "Provisions on Clear Price Marking and Prohibiting Price Fraud" belong to the new law. If the two are inconsistent, the new law shall prevail.
2. According to Article 18 of the "Regulations on Clear Price Marking and Prohibiting Price Fraud", operators may not indicate the price of gifts.
3. If the price or value of the gift is marked, the current sales price of the gift in the same business premises should be marked.
4. According to Article 18, if the gift does not indicate the price, it may be a product not sold in the same business premises; if the gift shows the price, the gift shall be sold in the same business premises.
Compliance Suggestions: The concept of
u Gift VS Prizes is distinguished by
u Combined with the current provisions of the new regulations and the reply from the State Administration for Market Regulation, the author tends to believe that after the implementation of the new regulations on July 1, 2022, for gifts that are not sold in the same business premises, the operator may not indicate the price or value of the gift. If stated, it should be the current sales price in the same business premises (how do I indicate the discount if there is a discount?).
u However, for prizes sold in lottery styles, the author believes that the price should still be indicated;
u In addition, Article 13 of the "Interim Provisions on Regulating Promotional Behaviors" and Article 14 of the " Shanghai Anti-Unfair Competition Regulations" and Article 14 of the " Shanghai Anti-Unfair Competition Regulations" must still be followed to ensure that it does not affect the redemption of the prize.
. The company shall not make any changes to the published prize-winning sales information that are not conducive to consumers without authorization
Typical cases
Law enforcement authorities determine: The above-mentioned behavior of the company violates the provisions of Article 13, paragraph 1 of the "Interim Provisions on Standardizing Promotional Behaviors", and in accordance with Article 22 of the "Anti-Unfair Competition Law", a fine of 200,000 yuan was decided. If the prize is points, priced coupons, etc., the rules must be specifically explained.
Prize is points, gift vouchers, redemption vouchers, , vouchers, etc., the redemption rules, scope of use, validity period and other restrictive conditions shall be announced; if the prize is to be redeemed to other operators, the name, redemption location or redemption channel of other operators shall be announced.
Typical cases
Law enforcement agency determined: The above-mentioned behavior of the company violates Article 10 of the Anti-Unfair Competition Law: "Operators shall not conduct prize-based sales: (1) The types of prizes, conditions for redemption, amount of prizes, etc., such as prize-based sales information, which is unclear, affects the redemption of the prize;" the decision is to order the illegal act to stop and fine RMB 20,000.
. Instant lottery and prize sales activities, the prize redemption situation of more than 500 yuan should be announced in a timely manner
In the on-site instant lottery and prize redemption situation of more than 500 yuan should be announced at any time. Regarding how to understand the specific situation of "on-site instant lottery draw", in addition to the traditional offline prize-winning sales activities of on-site lottery draw, the current prize-winning sales carried out by some merchants through the Internet meet the situation of "on-site instant lottery draw", such as "red envelope rain" before live sales, if the amount of red envelope exceeds 500 yuan, you should also pay attention to timely announcement of the results.
Typical Cases
A jewelry store in Jinqiao Town, Pudong New District, Shanghai began to carry out on-site instant prize-winning sales activities in the store on February 1, 2021. As of the day of inspection by law enforcement officers on March 15, the parties did not publicize the redemption of prizes of more than 500 yuan.
Law enforcement agency determined that The parties involved did not publicize the prize redemption of prizes of more than 500 yuan during the on-site instant prize-winning sales activity, and their behavior violated Article 13, paragraph 2 of the "Interim Provisions on Standardized Promotional Behaviors": "In the on-site instant prize-winning sales activity, the prize redemption of prizes of more than 500 yuan shall be publicized at any time." The provisions constitute the failure to carry out prize-winning sales in accordance with the regulations.
Punishment result: ordered correction and fined 6,000 yuan.
. ban . The specific situations where lie about having a prize or artificial intervention in winning
lie about having a prize include: (1) fictional prizes, prizes, prize amounts, etc.; (2) Only prizes are placed in specific areas in the scope of the activity; (3) During the event, the goods and coupons with the winning logo will not be placed, and all of them will be placed on the market; (4) The goods and coupons with different prize amounts or prize logos will be placed on the market at different times; (5) The prizes are not redeemed according to the information explicitly stated to consumers; (6) Other ways of lie about having a prize.
In the above situations, we should pay special attention to avoiding the two types of behaviors (second) and (four). If the event organizer artificially controls the progress of the event or the rhythm of the winning, and avoids the grand prize being drawn too early and affects the effect of the entire event, and only places prizes or tickets in specific areas or time periods, it constitutes a false claim that there is a prize.
In addition, operators shall not use deception methods such as allowing internal employees, designated units or individuals to win the prize, etc. to deliberately allow internal employees to win the prize.
Typical Cases
On November 11, 2019, the person involved in the Tmall online store "Bao ** Flagship Store" Double Eleven event launched a sales activity for members who draw big prizes and prizes.During the event, the lottery elf page only explained the lottery conditions and redemption methods, and did not specify the event time and winning probability, which would affect the redemption of the prize.
The prizes and prize types of the parties' lottery elves are set as: the first prize is 500 yuan without threshold coupons, 0 quantity; the second prize is 300 yuan without threshold coupons, 0 quantity; the third prize is 100 yuan without threshold coupons, 0 quantity; the fourth prize is a baking tool gift package, 0 quantity; the fifth prize is marshmallow, 20 quantity, 20 quantity, silicone spatula, 5 quantity; the seventh prize is 10 yuan store coupons, 10 yuan, 20 quantity.
lottery conditions and probability are: "Store you can draw any amount in the store to be used to draw" is set to 0% of the first prize, 0% of the second prize, 0% of the third prize, 0% of the fourth prize, 1% of the fifth prize, 1% of the sixth prize, 1% of the sixth prize, 50% of the seventh prize; "Share the store homepage to draw" is set to 0% of the first prize, 0% of the second prize, 0% of the third prize, 0% of the fourth prize, 1% of the fifth prize, 1% of the sixth prize, 50% of the seventh prize; "Follow the store to draw" is set to 52% of the total probability; "Browse the designated products in this store to draw" is set to 52%.
The party sets first prize, second prize, third prize and fourth prize on the lottery elf lottery page, but the probability of winning the above four prizes is set to 0% in all lottery conditions, and the party sells the prize in a lie to claim that there is a prize.
Typical Cases
A certain education and training company published the "New School Year of Comprehensive Growth, Receive the 2021 Summer and Autumn Summer and Autumn Summer Renewal Growth Scholarship" activity on the "Shanghai **Si" WeChat official account from 8:00 on April 6, 2021 to 24:00 on April 8, 2021, and promoted old students to continue applying for the next season's courses by participating in the online large turntable lottery, and a total of coupons worth RMB 120,000 were issued.
The parties set conditions in the source code of the event lottery program, resulting in the event winning prizes and the probability of winning is not random, which is inconsistent with the rules and information of the lottery activity announced to the public, deceiving consumers and causing them to have a wrong understanding of the winning prizes and the probability of winning.
law enforcement authorities determined that the above-mentioned behavior of the parties involved in violates Article 10, item (2) of the Anti-Unfair Competition Law: "The operator shall not sell with prizes in the following circumstances: (2) Use the deceptive method of falsely claiming that there is a prize or intentionally allowing the designated personnel to win the prize;" According to Article 22 of the Anti-Unfair Competition Law, "If the operator violates the provisions of Article 10 of this Law, the supervision and inspection department shall order the party to stop the illegal act and impose a fine of not less than RMB 50,000 and not more than RMB 500,000;" the party shall be ordered to stop the illegal act and fine RMB 350,000.
. lottery-style prize-winning sales shall not exceed 50,000 yuan
If one of the following circumstances occurs, the amount of the highest prize is more than 50,000 yuan: (1) If multiple winners are set up at the highest prize, the maximum prize of any winner exceeds 50,000 yuan; (2) If the same prize coupon or purchase of a product once has two or more opportunities to win the prize, the cumulative amount exceeds 50,000 yuan; (3) If the prize is used in the form of the right to use the item, the service, etc., the market price of the right to use the item, the service, etc., the item use the market price, etc., the item use the right to use the item, the service, etc. (4) If the online virtual items such as game equipment and accounts are used as prizes, the market price of the item is more than 50,000 yuan; (5) If the price reduction, discount, discount, etc. are used as prizes, the price reduction, discount, etc. are converted to more than 50,000 yuan; (6) If the lottery, lottery ticket, lottery ticket, etc. are used as prizes, the maximum possible prize amount of the lottery ticket and lottery ticket is more than 50,000 yuan; (7) If the prize is provided for employment opportunities, hired as consultants, etc., and paying salaries, the maximum prize amount is more than 50,000 yuan; (8) If the lottery is sold in other forms, the maximum prize amount is more than 50,000 yuan.
If an operator uses non-cash items or other interests as a prize, the amount shall be calculated based on the price of similar goods in the market during the same period.
Typical Cases
The party involved is a catering management company organized a lottery event for "** Laomian members to share 30 million New Year's Gifts", and the parties' stores assist in the execution of the lottery event.From December 23, 2021 to January 23, 2022, the promotional page of the "Hefu Member Rewards Lottery" will be released on the WeChat mini program "**Laomian Member Center" with the parties as the account. The highest award set for this lottery event is "Koi Award" "Five-year free use rights for Tesla Model 3 worth 49,500 yuan * 1 vehicle". It was found that the market value of the award has exceeded 50,000 yuan.
Law enforcement agencies determined that The market value of the highest prize set by the lottery-style sales of the parties exceeds 50,000 yuan violates the provisions of Article 17, Paragraph 3 of the "Interim Provisions on Standardizing Promotional Behaviors" and Article 10, Paragraph 3 of the "Anti-Unfair Competition Law". According to Article 22 of the Anti-Unfair Competition Law, the parties are ordered to immediately stop the illegal acts and impose a fine of 100,000 yuan.
Typical cases
China Post Group Company A branch of a certain province and a city in a certain province during the Lantern Festival from February 25 to March 3, 2018, in order to undertake the fixed deposit business, the four-fold gift activities of "Fu Man Yuan Xiao in Postal Savings million prize waiting for you to win" and "Four gifts and blessings and blessings and prosperity" were released at various postal savings outlets across the city. According to the activity rules, you can get a "Millionaire" sports lottery on a regular basis from February 25 to March 3.
Law enforcement agency determined that The act of the parties using welfare lottery to win prizes violated Article 10 (3) of the Anti-Unfair Competition Law "The maximum prize amount exceeds 50,000 yuan." It constitutes the unfair competition prize sales and imposes penalties in accordance with the law.
. Other uncontrollable risks affecting the redemption of prizes
Prize sales activities should be avoided as much as possible through third parties, especially third parties that cannot be controlled by the organizer, so as not to cause the winner to actually fail to redeem the prize or to make it difficult for the winner to redeem the prize.
Typical case
From May 15 to October 31, 2021, a beverage company in the party carried out a "can and can" prize sales activity for the products * drinks sold. Consumers can participate in the activity lottery by scanning the code * drink pull ring. The "*energy drinks" WeChat activity mini program set up by the party on the event platform. The prizes include the "Another can" of the same beverage that is redeemed offline. The event platform will locate the winner's address and display the winning redemption point map in real time, which includes the nearby winning redemption point. In the southern China region, the prize redemption point map is actually controlled and managed by Swire Coca-Cola (China) Co., Ltd., and the prize redemption point information is provided by it. In northern China, the prize redemption point map appears on the "Happy Club" mini program, the jump platform of the activity mini program. The "Happy" mini program is actually controlled and managed by 16 companies including COFCO Coca-Cola Beverage (Beijing) Co., Ltd., and the prize redemption point information is provided by it.
The parties and the above-mentioned companies are partners respectively. Because the parties failed to identify the accuracy of the information of the prize redemption point and were unable to restrict the prize redemption point from fulfilling the obligation of the prize redemption point, some winners across the country were unable to complete the prize redemption point at nearby prize redemption points.
Law enforcement agency determines that: The above-mentioned behavior of the parties violates the provisions of Article 10, Paragraph 1 of the Anti-Unfair Competition Law: "Operators shall not sell prizes with the following circumstances: (1) The types of prizes, conditions for redemption, amount of prizes, etc. of the prizes set up are unclear, which will affect the redemption of the prize;". In accordance with Article 22 of the Anti-Unfair Competition Law, it was decided to order the illegal acts to be stopped and fined RMB 200,000.
Suggestions for enterprises to improve the compliance system for sales with prizes
PART 2
. Establish a full-process compliance mechanism for sales activities with prizes
. Selling plan and rules Compliance with elements: adopt the list of elements for comparison and review
. Suggestions for other specific measures to strengthen compliance with prizes
1 is a scientific division of labor cooperation mechanism: legal affairs, planning, finance, market, IT, external lawyers.
The second is to formulate rigorous compliance guidelines: listing essential elements, common risks, and prohibitive regulations.
3 is to effectively carry out internal training: legal affairs, copywriting, planning, marketing and other employees.
Fourth, establish a clear responsibility mechanism: clarify the specific responsible persons in each stage and link of the prize-winning sales activity.
Source | Compliance Notes
Review | Yu Chenglong Zhang Lijuan
Edited by | Huang Yuanyuan
Produced by China Industrial and Commercial Press New Media and Digital Publishing Department
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