Is the “koi” lucky draw a prize sale?
Compared with the more common in practice, the more typical lottery activities initiated directly by merchants online or offline to promote their own products or services, in fan blind draw/”koi” lottery activities, the initiator usually It is a “carrying” big coffee with a certain degree of influence, and the prize provider is often the merchant who wants to promote their products through the event, that is, the event organizer is in the process of carrying out the blind fan draw/”koi” lottery. What is being promoted is the products of other subjects.
Nevertheless, on the one hand, the above-mentioned relevant regulations do not require that prize-winning sales can only be carried out by the seller of the product to be promoted and not by the main body that specializes in marketing and promotion services. On the other hand, during the event, the organizer of the event (ie the “carrying” big coffee) also used the blind fan draw/”koi” lottery to obtain relevant traffic, thereby increasing their popularity. To a certain extent It also promoted its “carrying goods” service to consumers. Therefore, the fan blind draw/”koi” lottery is likely to be recognized as a prize sale.
3. How big a prize can “koi” win?
Article 10 of the “Anti-Unfair Competition Law” stipulates that “business operators shall not have the following circumstances in the sale of prizes:
(1) The types of prizes, the redemption conditions, the amount of prizes or the prizes and other prize-bearing sales information are not clear, which affects the redemption of prizes;
(2) Use deceptive methods of falsely claiming that there is a prize or deliberately letting the default personnel win the prize for sales with a prize;
(3) Lottery-style sales with prizes, with the highest prize amount exceeding 50,000 yuan. ”
Then the question is, if the “koi” lottery is a prize-winning sale, how big a prize can the “koi” receive? How should the limit of 50,000 yuan be understood? The target is the total value of the prizes of a single event Or is it the value of the prizes won by a single fan?
Article 17 of the “Draft Opinions on Rewarded Sales” stipulates that “the amount of the highest prize for a lottery-style prize-winning sales shall not exceed 50,000 yuan. Under one of the following circumstances, the amount determined to be the highest prize exceeds 50,000 yuan: (1) If there are multiple winners in the highest prize, the highest prize of any one of the winners exceeds 50,000 yuan; … “Although the draft opinion has not officially taken effect, it does have certain reference value. At the same time, it is worth noting that Article 8 of the “Prize Event Management” revised and updated by the official on May 28, 2019 puts forward clear requirements for prize event prizes, that is, “(1) A single prize or a certain prize. The value of the prizes won by the winning user shall not be greater than 50,000 yuan. For activities with a total value of more than 50,000 yuan in a single event, a special application must be made by private message ; (2) Cash or cash transfer as a prize for prize activities, a single event The cash prize must not be greater than 10,000 yuan. After the filing is completed, you must use the cash lottery method of Lottery Platform for the lottery.” Basically, the 50,000 yuan limit in the “Sales Opinion Draft” refers to the idea of “any winner”. In the same vein, but at the same time, special application requirements are made for events where the total value of prizes in a single event is greater than 50,000 yuan. In terms of cash rewards, the amount limit is lowered to 10,000 yuan.
Based on the above content, it is really not a dream to become a “koi” with high prizes during Double Eleven. On the one hand, the organizer of the event must strictly abide by other requirements for prize-winning sales, such as prizes Clear information, refusal of insider operations, etc., and at the same time, should fully respect the relevant requirements of the official and fully fulfill the special application/filing requirements to ensure that a more compliant lottery environment is created for the eager “”.