General Administration of Market Supervision： Lottery sales with prizes shall not exceed 50,000 yuan at most.
Beijing, January 31 (Xinhua) According to the website of the General Administration of Market Supervision, on the 31 ST, the General Administration of Market Supervision issued an announcement on "Several Provisions on Prohibiting Unfair Bonus Sales (Draft for Comment)" for public consultation. According to the regulations, when an operator conducts lottery sales with prizes, the amount of the highest prize shall not exceed 50,000 yuan.
According to the announcement, on November 4, 2017, the 30th meeting of the 12th the National People’s Congress Standing Committee (NPCSC) reviewed and approved the revised draft of the Anti-Unfair Competition Law. The new Anti-Unfair Competition Law was implemented on January 1, 2018. In order to keep consistent with the new Anti-Unfair Competition Law, protect the legitimate rights and interests of operators and consumers, and maintain the order of market competition, the General Administration of Market Supervision has carried out the revision of Several Provisions on Prohibiting Unfair Sales with Prizes, and now it is open to the public for comments. The public can put forward their opinions through the following channels and ways:
1. Send comments to fbzdjzc2016@saic.gov.cn">fbzdjzc2016@saic.gov.cn by e-mail. Please indicate the words "Several Provisions on Prohibiting Unfair Sales with Prizes for Public Solicitation" in the subject of the email.
2. Send the comments by letter to the Price Supervision and Competition Bureau of the State Administration of Market Supervision, No.8 Sanlihe East Road, Xicheng District, Beijing, with the postal code of 100820. Please indicate on the envelope the words "Several Provisions on Prohibiting Unfair Sales with Prizes for Public Solicitation of Opinions".
The deadline for feedback is March 2, 2019.
Several provisions on prohibiting unfair sales with prizes
(Draft for Comment)
Article 1 These Provisions are formulated in accordance with 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) in order to stop unfair sales with prizes.
Article 2 The term "unfair sales with prizes" as mentioned in these Provisions refers to the behavior that operators engage in sales with prizes, violate the Anti-Unfair Competition Law and the relevant provisions of these Provisions, disrupt the market competition order, and damage the legitimate rights and interests of other operators or consumers.
The term "sales with prizes" as mentioned in these Provisions refers to the act of an operator providing money, goods or other benefits to consumers or the relevant public when selling goods or providing services. Including bonus sales and lottery sales.
Bonus sales refers to the behavior that operators provide money, goods or other benefits to consumers or relevant public who meet certain conditions when selling goods or providing services.
Lottery-winning sales refers to the behavior of operators to decide whether consumers or the relevant public win the prize by lottery, lottery and other accidental methods.
Article 3 A business operator shall not engage in any of the following situations when selling with prizes:
(1) The information such as the types of prizes, participation conditions, participation methods, lottery methods, bonus amount or prize types, redemption time, redemption methods, prize delivery methods, and abandonment conditions are not clear, which affects the redemption.
(2) Lottery-style sales with prizes. The information about the start and end time, lottery time, place, method, type and quantity of prizes, time and method of notifying winners, and conditions for abandoning prizes are not clear, which affects the redemption;
(three) to make changes that are not conducive to consumers in the sales items that have been publicized;
(4) Failing to cash prizes and bonuses as promised;
(5) The prize-winning sales activities that draw prizes immediately at the sales site fail to express the redemption of various awards in time.
(6) Deliberately putting commodities and lottery tickets with different bonus amounts or prize marks on the market at different times;
Article 4 It is forbidden for business operators not to truthfully mark the name and quantity of gifts, and not to mark or vaguely mark additional conditions.
Operators shall not use unqualified products as prizes and gifts, and shall not be exempted or relieved of their legal responsibilities.
Article 5 When selling goods with gifts and prizes, business operators should clearly indicate the price of the goods without gifts.
Article 6 The following deceptive sales with prizes are prohibited:
(a) lied about the sales with prizes or made false representations about the types of prizes, the maximum prize amount, the total amount, the types, quantity, quality, methods of providing prizes, the conditions for abandoning prizes, the sales of lottery tickets, and the redemption of prizes;
(two) take improper means to deliberately let the default personnel win the prize;
(3) Deliberately failing to put the commodities and lottery tickets with winning marks on the market, not putting them all on the market, or not putting them on the market at the same time as the commodities and lottery tickets;
(4) Other deceptive sales with prizes.
Article 7 An operator shall not engage in any of the following acts when conducting lottery sales with prizes:
(1) The amount of the highest prize exceeds 50,000 yuan;
(2) If there are multiple winners for the highest prize, the highest prize of any winner will exceed 50,000 yuan;
(three) the same lottery ticket or the purchase of a commodity has two or more chances to win the prize, and the total accumulated prize money exceeds 50 thousand yuan;
(four) to sell goods in competitive competitions, intellectual quiz, etc., the winner of the highest prize amount of more than fifty thousand yuan;
(5) The market value of the right to use goods, services and other non-cash rewards exceeds 50,000 yuan;
(six) virtual goods as prizes for lottery sales, virtual goods in the online market agreed amount of more than fifty thousand yuan.
(seven) in other forms of lottery sales, the highest prize amount of more than fifty thousand yuan;
Article 8 If prizes or gifts are non-cash items or other benefits in prize-winning sales activities, the amount shall be calculated according to the normal price of similar goods or services in the market during the same period.
Article 9 Operators engaged in online commodity trading or services who provide goods, money or other economic benefits incidentally for the purpose of promoting mobile clients, attracting customers, improving website popularity, obtaining traffic and improving the click-through rate of loggers, etc., which constitute prize-winning sales, shall be regulated in accordance with these Provisions and Article 22 of the Anti-Unfair Competition Law.
Article 10 Operators who violate these provisions shall be punished by the market supervision and administration authorities in accordance with the provisions of Article 22 of the Anti-Unfair Competition Law.
Article 11 If the parties concerned are infringed by unfair competition in prize-winning sales activities, they may bring a suit in a people’s court for compensation according to the provisions of Article 17 of the Anti-Unfair Competition Law.
Article 12 The State Administration of Market Supervision shall be responsible for the interpretation of these Provisions.
Thirteenth these Provisions shall come into force as of the date of promulgation. On December 24, 1993, the State Administration for Industry and Commerce issued "Several Provisions on Prohibiting Unfair Competition in Bonus Sales Activities" (Order No.19 of the State Administration for Industry and Commerce) shall be abolished at the same time.