Brother pao, I got the message of winning the prize. I didn't know until I filled it out. What should I do if I don't accept the prize and will be sued for breach of contract?

First of all, if you don't win the grand prize, you will be sued. It must be a lie, don't pay attention to it, because receiving the prize is a right, not an obligation, and you can give it up;

Second, the so-called prize of more than 5,000 yuan violates China's laws and regulations;

Third, the relevant provisions:

1. Article 13 of the Anti-Unfair Competition Law prohibits unfair sales operators with prizes from engaging in the following sales with prizes:

(1) Selling with prizes by fraudulent means, such as falsely claiming prizes or intentionally letting default personnel win prizes;

Promote the quality of goods at a high price by means of prize-winning sales;

(three) the sale of lottery tickets, the highest prize amount of more than five thousand yuan.

Article 26 of the Anti-Unfair Competition Law. If an operator who is legally responsible for unfair prize-winning sales violates the provisions of Article 13 of this Law, the supervision and inspection department shall order him to stop the illegal act and may impose a fine of not less than 10,000 yuan but not more than 100,000 yuan according to the circumstances.

Extended data:

Case: The program group sent a text message "Sue if you don't receive the prize"

Pretending to be the winning information sent by a variety show column group, using high bonuses as bait, defrauding money in the name of personal income tax, and threatening that the parties will be prosecuted if they don't receive the prize. A fraud gang committed crimes across provinces in this way 100, making illegal profits 1 17. 60 thousand yuan. Recently, the Procuratorate of Suining County in Jiangsu Province prosecuted six people, including Xuefeng Tang and Tang Weixue, for alleged fraud.

"Lucky Award" falling from the sky

"Congratulations! If you are chosen as the lucky person off the field by XXX plan, you will get 12. 80,000 yuan and a computer. " On 20 17 10/7, Yang Kai, who lives in Suining County, suddenly received such a short message with a link URL and an acceptance code. Xx program was a variety show that was being broadcast all over the country at that time. However, I didn't take part in any activities, so how did I win the prize? Out of curiosity, Yang Kai clicked on the link at random, and a login page appeared, in which you need to fill in personal identification information such as login name and mobile phone number. After filling in one by one, the website really shows a list of winners, and Yang Kai's name is impressively listed. "It can be found online and should not be fake." Yang Kai feels very lucky.

Two days later, Yang Kai received a phone call from a strange man who claimed to be a member of the XXX variety show column group. Yang Kai won the second prize in this column. If he wants to get a bonus and a computer, he needs to pay personal income tax first. "As long as you pay 1. The tax of 280,000 yuan, the rest of the bonus will be directly remitted to your bank card, and the computer will mail it to you, but you have to pay the postage of 5,800 yuan first. " This man told Yang Kai on the phone.

Before receiving the prize, Yang Kai had to pay the money first, which made him hesitate. But considering that he will soon have a bonus of more than100000 yuan, Yang Kai thinks it is "cost-effective".

"If you don't accept the prize, you will be sued!"

Subsequently, the other party actively asked Yang Kai to add his WeChat. Yang Kai found that the other party's WeChat name used the name of the variety show, and the area where WeChat was located was also shown as "Hangzhou, Zhejiang", and Hangzhou was the recording place of the variety show, which made Yang Kai believe in the winning information.

According to the other party's prompt, Yang Kai transferred 5,800 yuan to the other party through mobile phone WeChat, and then transferred 1 yuan through Alipay. 280,000 yuan. 10 minutes later, the other party called and said that the column group had remitted the remaining bonus to Yang Kai's account, but the system was overtime due to Yang Kai's failure to operate in time, and a "system activation fee" of 20,000 yuan was required.

"I have no money, let me think again." Seeing that Yang Kai stopped paying back the money, the tone of the other party suddenly became tough: "If you don't remit money immediately, our column group will go to court to sue you for breach of contract!"

A few hours later, Yang Kai really received a mobile phone message: "Yang Kai, the column group sued you for breach of contract. If you don't perform the contract, you will be fined and bear legal responsibility. " The message was signed "Beijing Court". Yang Kai panicked and had to turn to his family for help. Under the reminder of his family, Yang Kai realized that he had been cheated and called the police.

Fraud gangs commit crimes across regions.

After investigation, the police found that similar cases also appeared in Guizhou, Jiangxi and other provinces and cities, which should be gang crimes and cross-regional crimes. After investigation, the police finally locked the suspect. On March 20 17 16 and17, the police arrested Xuefeng Tang and others in Haikou and Lingao respectively.

Xuefeng Tang, a farmer in Lingao County, was 26 years old at the time of the crime. 2065438+July 2006, Xuefeng Tang met a man nicknamed "Uncle Seven" and learned that he made money through telecom fraud, so Xuefeng Tang learned from him. Under the professor of "Uncle Seven", Xuefeng Tang gradually mastered some "essentials" of fraud, and bought computers, wireless network cards, USB flash drives and other crime tools. In order to make the fraud activities more hidden, Xuefeng Tang recruited his younger brother Tang and fellow villagers Tang Hao and Lin Lei Meng as "helpers" successively.

The fraud gang first purchased a large number of citizens' personal information from the Internet, and randomly sent the program winning fraud information with links by sending short messages on the Internet. As long as you click on the link, you will be asked to fill in detailed personal information. The members of the gang called for fraud according to the information filled in by the other party. If the other party doesn't send money, they will pretend to be "court staff" and threaten to sue.

From 2065438 to July 2007, the public security organs transferred six people, including Xuefeng Tang, Tang Weixue, Tang Hao, Zhao Shuai, Lin Leimeng and Li Chao, for investigation and prosecution on suspicion of fraud, and the remaining criminal facts are under further investigation.

The prosecutor who handled the case reminded you not to believe if you didn't participate in relevant activities and received the winning information. Even if you win the prize in the activity, the personal income tax should be deducted by the organizer, and the winner does not need to pay in advance, and there will be no case where the winner is sued for not winning the prize.

The program group of Justice Network News sent a text message "Sue if you don't receive the prize"

Baidu Encyclopedia-People's Republic of China (PRC) Anti-unfair Competition Law