In the ninety-third issue of “You” Law Can Be Followed, Yang Jie’s team of lawyers will bring you-“The Spring Festival is approaching, how should gamers’ welfare red envelopes be issued?” “.
As the saying goes, all marketing that doesn’t issue red envelopes is a hooliganism, especially during the Spring Festival.
No, although there is still some time before the Spring Festival, we have received many legal risk consultations from game companies about the Spring Festival red envelope welfare activities, in order to help the majority of game companies to more effectively sort out the cooperation that may be faced in the process of game welfare red envelope promotions. Regarding risk issues, we give risk warnings and provide corresponding suggestions for different types of activities in the form of simulated dialogue scenarios.
The following simulation scenarios are fictitious and are for reference only.
The first category: “Log in and get game props” series
In practice, it is not uncommon for players to complain about the game company’s failure to fulfill the promises of “login and get diamonds” and “register and get VIP” as claimed in the promotion. According to the second paragraph of Article 28 of the “Advertising Law”, if the goods or services involved in the content of an enterprise do not actually exist, it will constitute a false advertisement. Returning to this case, if the title of VIP60 is not actually set in the game, but the company promises to present these benefits to consumers during the promotion process, which causes players to misunderstand the reward range of the game, they may face administrative penalties, including He was ordered by the market supervision and administration department to stop publishing advertisements, and imposed different amounts of fines according to the severity of the situation.
Therefore, we propose the following practical suggestions:
1. When publishing this type of advertisement, the enterprise should comprehensively evaluate the authenticity and rationality of the game reward setting involved, and avoid using exaggerated or obviously misleading descriptions to reduce the risk of user complaints;
2. The game operating unit can further refine and clarify the reward rules of the “login and send game props” activity, and remind users to read and confirm, such as whether the activity is actually only open to users who register and log in for the first time, and whether the player logs in It needs to accumulate a certain amount of time to receive, etc., so as to avoid misunderstandings and complaints to the regulatory authorities due to unclear activity rules.
The second category: “Raffle to send game props” series
At present, laws and regulations do not prohibit game companies from holding random draws, turntables, etc. in games, but companies should pay attention to the provisions of Article 20 of the “Notice on Strengthening the Management of Online Games Virtual Currency” issued by the Ministry of Culture and the Ministry of Commerce , That is, on the premise that the user directly invests cash or virtual currency, random methods such as drawing lots, betting, and random drawing shall not be used to allocate game props or virtual currency. In this case, the player’s method of increasing the number of lottery draws by completing the corresponding game tasks did not actually violate the aforementioned regulations and was in compliance with the current regulations.
Based on this, we propose the following practical suggestions:
1. When setting up a “lottery to send game props” marketing activities, the company should pay attention to the fact that the lottery mechanism is independent of the recharge mechanism, and users must not be allowed to obtain lottery opportunities through cash recharge or direct investment in virtual currency, but players can be required to use virtual items or complete A certain number of game tasks are used to redeem the lottery;
2. In addition, it needs to be specially reminded that in practice, although the “Notice on Regulating Online Game Operations and Strengthening Interim and Ex-post Supervision” issued by the Ministry of Culture has expired, in order to reduce the risk of user complaints, it is recommended that game manufacturers still With reference to Article 6 of the regulations, publicize the names, performance, content, quantity and probability of all the reward items that may be drawn or synthesized on the official website or randomly selected page of the game involved in order to increase the openness and authenticity of the random drawn activity , Transparency, avoid unnecessary disputes.
The third category: “Send cash red envelopes” series
At present, welfare activities of the “send cash red envelope” type are usually divided into the following two modes:
The first is to provide players with the opportunity to draw cash red envelopes in random ways such as lottery and turntables (as shown in screenshot 3 of the advertisement). The red envelope activity under this model involves a higher risk of gambling, so its compliance requirements will be stricter than those of the second type of “raffle to send game props” activities. Not only must companies not provide users with the opportunity to directly invest cash or virtual currency for lottery, according to the “Notice on Prohibition of Using Online Games to Engage in Gambling Activities” issued by the General Administration of Press and Publication, online game operating companies must not provide “virtual currency”, etc. The service of exchanging cash and property in a disguised manner means that the user shall not be provided with a “return” service.
The cash red envelope activity mentioned in the case makes it clear that players can only get the number of lucky draws through experience games such as logging in and joining matches, and has nothing to do with cash, virtual currency, and virtual items. Therefore, to a certain extent, the risk of gambling is avoided. .
The other is to issue a fixed amount of cash red envelope rewards based on the player’s character level, recharge times, recharge amount, etc. (as shown in screenshot 4 of the advertisement). Although this activity is related to the number and amount of top-ups, because the reward amount is fixed, it is not random, and does not involve the reverse exchange of virtual items and virtual currencies, we are more inclined to characterize it as a market incentive for game manufacturers Activities are not prohibited by law.
For activities like gifting cash and red envelopes, we propose the following practical suggestions:
1. When companies set up lucky draws to receive red envelopes, it is recommended to associate the number of draws with experiential tasks in the game. In addition to strengthening the player’s stickiness in the game, it can also greatly reduce the risk of gambling. At the same time, companies should pay attention to The amount of the red envelope is set to less than 50,000 yuan, otherwise a fine of 50,000 yuan up to 500,000 yuan may be imposed for violating Article 10 of the Anti-Unfair Competition Law;
2. In practice, there are many users who file complaints on the grounds that the event red envelope cannot be withdrawn normally. If the cash red envelope obtained by the player actually needs to meet certain conditions before it can be withdrawn, it is recommended that the company publicize the withdrawal rules on the event page in advance to avoid subsequent disputes.
Although the game welfare red envelope is good, how to send it is a science. If you don’t pay attention, companies may face compliance issues such as false propaganda and suspected gambling, especially the random selection and cash red envelope welfare activities. Therefore, it is recommended that before the official announcement of the game welfare red envelope activities, game companies should check the authenticity of the game reward content and the legal compliance of the activity gameplay in advance, and ensure openness and fairness in the actual operating activities. If it is difficult to grasp this, it is recommended to seek help and answers from specialists to avoid falling into compliance risks.
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