【Timeliness valid State Business is published by Hang Guanju】
【Date】 19931224 issued by
【Date】 19,931,224 implementation
【Number】 SAIC Order No. 19
【Name】 on the Prohibition of sale of prizes in a number of provisions of unfair competition
THEPEOPLE
Hitherto promulgated regulations
The first prize in a sale in order to stop acts of unfair competition, according to "The People's Republic of China Against Unfair Competition" (hereinafter referred to as "Anti-Unfair Competition Law"), the relevant provisions of this Regulation.
The term second prize sales, is the selling of goods or services, incidental to the provision of goods purchased, money or other economic interests. Including: incentive for all purchasers of Premium Sales and rewarding part of the purchaser's draw Premium Sales. Where to draw, Yao Hao and other methods with a chance winning the decision whether to buy, and all belong to a lucky draw form. According to law by the government or approved by the relevant government departments and other lottery outlets lottery activities, do not apply to.
Third Prize deceptive sales practices against the following:
(A) falsely claimed that prize established by the sales or on the types of awards, winning probability, the maximum award amount, the total amount of prize categories, quantity, quality, and provide methods for the representation is false.
(B) by improper means to intentionally chosen people to win.
(C) deliberately set up the winning logo merchandise, tickets not on the market or not with goods, while the lottery market; deliberately amount of cash or prizes with a different logo merchandise, tickets at different times to market.
(D) other deceptive sales practices prizes. The preceding paragraph (d) of the act, by the industrial and commercial administration authorities above the provincial level identified. Provincial industrial and commercial administrative organ of the finds should be reported to the State Administration for Industry and for the record.
Article lottery-style prize sales, the highest award must not be over 5000 yuan. Non-cash items, or other economic benefits as incentives, according to market similar goods or services over the same period the normal price of the amount converted.
Article operator shall not use means to promote Zhicijiagao prizes of goods sold. The term "Zhicijiagao", by the industrial and commercial administrative authorities according to the same period the market price of similar goods, quality, and buyer complaints recognized, if necessary, identified with the departments concerned.
Article marketing managers organize awards should be set to the buyers expressed their award categories, the probability of winning the bonus prize amount or type of Duijiang time, manner and so on. Is non-instant lottery lottery Premium Sales, this matter should also include the lottery of the time, place, manner and notify winners of time, manner. Operator has to the public on matters not change the preceding explicit. Sell on the spot in the lottery's prize sale of more than 500 Award Duijiang case, the operator shall keep the purchaser expressly.
Violation of the provisions of Article VII of the third, fourth, fifth paragraph of Article by industrial and commercial administrative organs in accordance with "anti-unfair competition law," Article 6 is to be punished. Violation of the provisions of Article VI, to conceal the truth, as a deceptive prize-winning sales, cf the preceding provisions.
Article VIII of the parties with prizes sales activities for unfair competition and infringed, it may, "Anti-Unfair Competition Law" 22 provisions, to the people's court, to claim compensation.
Article in the "Anti-Unfair Competition Law" took place before, are "anti-unfair competition law" prohibiting the sale prize acts, "Anti-Unfair Competition Law", shall be allowed to continue. However, pre-lottery, Duijiang time after December 1, 1993, the operators should continue to be scheduled in the matter in accordance with the scheduled time to fulfill its lottery, Duijiang obligations.
The provisions of Article X of the implementation date of promulgation.
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