Is “winning” Huawei mobile phone an empty joy? Netizens query Himalayan fake lottery to earn traffic

A Huawei P40 Pro was selected, but was told that due to “draw set error”, other prizes will be sent to compensate. On November 13, Mr. Guo, a consumer in Henan Province, complained that he suspected of suffering a false draw in Himalayas. The Himalayas is an audio sharing platform. On November 2, the official microblog of Himalayan released a lottery message: “19 listening friends were selected from November 8 to send one P40 Pro mobile phone, one mg travel bag, one large leisure handbag, 6 customized pillow and 10 Beijing Dong shopping cards with 200 yuan.” Mr. Guo of Henan Province is an old user of Himalayas. On November 2, Mr. Guo transmitted the information of the lottery. On November 9, Mr. Guo received the winning message. He was very happy that Mr. Guo wrote privately that Himalayan “when can we deliver the goods”. “We have 18 more phones due to the wrong setting of the draw. We will take the first fan to be selected as the first. In order to express our apology, we will send you another prize. ” “< p > < p > decided to draw again among 19 candidates who were selected to make sure the phone was delivered in a fair way.” It is very outrageous that Himalayas have won the prize, but Himalayas refuse to honor the prize, and repeatedly come back to the market, which makes consumers feel teased Mr. Guo said he learned from his microblog that the winning members did not share the lottery widget, and they all expressed their hope to distribute the Huawei P40 Pro that was drawn at that time. On November 15, reporters saw on Huawei’s official website that the official price of Huawei P40 Pro was 5988 yuan. On November 11, the partner of the raffle event @ the famous Baron of SAIC Group also wrote privately by Mr. Guo that “there are indeed operational errors in the Himalayan lottery” and the specific negotiation results will be returned to you as soon as possible. But after November 11, the Himalayas had no longer contacted Mr. Guo. On November 15, the reporter saw the lottery micro blog on Himalayan microblog, which has been forwarded to ten thousand. Below, the notice of Mr. Guo and others’ winning the prize is still reserved. Mr. Guo said: “before the award, Himalayas were still calling on microblogs, and we reasonably suspected that the Himalayan false draw cheated traffic and forwarding volume.” On the afternoon of November 13, the reporter interviewed Himalayan customer service by telephone. The other side said “at present, the rules of this activity are still being verified”. Customer service staff said that other relevant issues were fed back to the company and then contacted the reporter. As of the time of the release, the reporter had not been replied. According to this analysis, Huang Wende, a lawyer of Henan Yinglun law firm, points out that, in legal sense, this case belongs to the issue of reward advertisement in contract law. The statement issued by Himalayas can be regarded as an offer. When consumers make an acceptance upon completion of microblog forwarding, the two parties have concluded a contract with effective conditions. Now, the award of consumers is also conditional achievement, Therefore, the contract came into effect, and Himalayas should fulfill the obligation to pay a Huawei P40 Pro mobile phone to consumers. In this regard, Article 3 of judicial interpretation stipulates that “if the reward person publicly declares to pay remuneration to the person who completes a certain act, and the person who completes a specific act requests the reward to pay the reward, the people’s court shall support it according to law.” Article 499 to be implemented stipulates that if the reward person publicly declares to pay remuneration to the person who completes a particular act, the person completing the act may request payment. ” “Honesty is the cornerstone of market economy. Honesty and commitment are the best means for businesses to stand in an invincible position. Himalayas will have expected benefits to consumers who have completed microblog forwarding after they publish reward ads. even if staff members fail, Himalayas should not let consumers bear corresponding consequences. ” Huang said. ASMC, a lithography maker, was one of TSMC’s 14 top suppliers last year