介绍:
特别感谢热心听友王佳云帮忙听写本篇文稿
Heyang: Recently a female customer hit the jackpot worth 260 thousand Yuan, but was denied access to the money. The woman filed a lawsuit, asking the company to give her the prize, but the court dismissed her claim. Why is that?
What’s going on here?
Luo Yu: Well, this incident actually happened on last year but serves as a very good reminder for the upcoming 2016 Spring Festival. So around the beginning of 2015 a company launched a lottery on its website saying anyone who bought this product was over 100,000 yuan could participate in the jackpot and there are five levels of prizes and the top prize was a BMW car and the second prize was a cheque of 260,000 yuan. And Miss Wang fortunately got the second prize. However, the company refused to give her the cheque. And Wang had to file the lawsuit to local company and asking it to pay the money. However, the court turned down Wang’s claim because the raffle was invalid and illegal.
Sam: Well, that was half the story. So first of all the raffle was invalid because according to law in China and we are talking of the Law of the People's Republic of China for Countering Unfair Competition Article 13 An operator shall not make any of the following kinds of sales with prizes attached if there are more than 5,000 yuan. There was also another minor detail that was addressed by the court that said that the woman’s name wasn’t on the receipt. So there is also no direct proof that she had paid for the goods that she could make the argument that she found the receipt or she fabricated it. These are all possibilities. So although it’s not the main bulk we are gonna be talking about on this story I just wanna quickly be say on a side note this is another reason that why we should be using our mobile payments. I mean I’ve been pushing quite a lot on the show recently but the fact that there was⋯
Heyang: Why is this has anything to do with the mobile payments? The digital trail?
Sam: The digital trail would make it a lot easier in terms of the court process information and it shows why we should be using digital payments. It’s one reason on the long list of reasons that we should be doing so. Heyang is giving me that ‘Sam, move on’ face. I just wanted to quickly mention it。
Heyang: Thanks for reading my face in my mind.
Even if with digital payment that woman would still be denied the access of money and the court would still rule against her because what the law says very clearly about it is⋯ Did I hear a 5000 yuan limit that Sam just talked about. Let’s say when a shop makes this promotional tactic that is you buy an item and then you are eligible for a lucky draw. And that draw, the promotional tactic, can’t be more than 5000 yuan of worth. That’ s what the law says pretty much.
Luo Yu: In 1993.
Sam: So the law hasn’t be amended since. Has it?
Luo Yu: It hasn’t been amended at all.
Sam: So that means it should still be 5000 yuan.
Luo Yu: Amendment or modification is definitely required here I think. You know that the figure for 1993. Probably 5000 is a big amount of money then. But now with 5000 yuan you couldn’t even buy an iPhone 6. From 100,000 to 200,000 probably is at the right range.
Sam: Twenty grand (pounds), that’s a lot of money!
Heyang: But don’t you think that the biggest piece of the puzzle or of the discussion that has been missing out of this is why is there no liability of the company. Because, fine, I can understand that the woman can’t get the money because she entered a lottery or you know this promotional event that is deemed illegal and should be annulled. I can understand that part. But it isn’t the company’s fault and the company should be sued. It started a promotional event like this that is deemed illegal.
Luo Yu: Yeah, I think the company should be punished. Let’s talk about the promotional tactics that the company has launched during this festival. I think a lot of people have been participated in this incident but they are not quite sure about you know which amount is legally protected by Chinese law. So the company has to make some certain compensation for the woman here.
Sam: I know it’s a bad story but at the same time an example should be made as far as I am concerned. If it was me I would make them pay out the full price to the woman. And it’s OK as we promised the 260,000 yuan as far as I am concerned that’s the contract. So first of all you are going to give her that money and then we’ll talk about what we are gonna doing in terms of revoking your license or possibly fining you further. Or even implementing a prison sentence of some kind. I would make as big an example of them as humanly possible. And then all the other competitors in the industry will be like damn, Let’s not do anything illegal because it looks like they are coming down quite hard on us.
Heyang: Yes, this time I kind of agree with Sam and it’ll be nice if you are the judge for this lawsuit. And also I like to talk a little bit more about you know it’s Spring Festival period a lot of people are going to be shopping after Chinese New Year’s eve. It is the promotional period for a lot of shopping malls. What should people be aware of? We are gonna see a lot of promotional things going on and make sure that people don’t be taken advantage of it.
Luo Yu: First of all, almost please look at the price tag of the product if you win a lottery if the product exceeds 5000. You can never get it if you win it.
Sam: Secondly I would make I would say one last time. If you are buying stuff and there is a promotion there try and pay with online mobile payment because you a better record of the fact that you’ve purchased this item and it will help you avoid such complications in the future. Last time I’m gonna suggest that.
Heyang: OK, of today. And certainly get the receipt that’s always necessary I think.
Luo Yu: Receipt is definitely. I mean even if you would destroy the receipt.
Heyang: I’ve got it it’s gonna be the last time. OK, I think the moral out of that story was payment method that the two words I will not reiterate.
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