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seduction and intoxication: the legal controversy behind the blind box lottery


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against this background, momo once again fell into legal controversy over its "blind box lottery" activity, which triggered people's thinking about the supervision of internet platforms and the protection of consumers' rights and interests. the cause of the incident was that in the "gift collection master" lottery launched by momo company, users spent thousands or even hundreds of thousands of yuan to participate in the lottery, expecting to receive high-value gifts. however, when the user successfully drew a high-value gift, he encountered the reason of "system error" from momo company and was refused to redeem the prize, and only the platform virtual currency was returned. this behavior caused strong dissatisfaction among consumers. many users reported that the amount they paid was not consistent with the actual returns they received, and they also lacked trust in the company's business practices.

this behavior is contrary to laws and regulations. the "guidelines for standards of conduct for blind box operations (trial)" issued by the state administration for market regulation stipulates that blind box operators shall not make false propaganda, deceive or mislead consumers, and shall perform returns, replacements, repairs and other obligations in accordance with the law. from a legal point of view, the momo blind box lottery is suspected of involving gambling, especially when the gifts can be redeemed for cash, the possibility of cashing out services through online games constitutes the crime of opening a casino.

this behavior combined with "open betting" and "probabilistic play" patterns creates a potential gambling environment. for example, users purchase blind boxes by recharging cash, thus forming a public betting behavior, while gifts constitute a probabilistic gameplay.

momo is not the first. two years ago, momo used a lottery entrance called "time and space gate" to guide users to recharge momo coins for the lottery. after winning the gift, they can go through a middleman called an "arms dealer" and exchange it for corresponding cash, through wechat or pay via alipay to cash out. similar incidents have also occurred on the douyu platform. douyu ceo chen shaojie was arrested by chengdu police on suspicion of opening a casino.

in recent years, with the development of the internet and the continuous expansion of user groups, consumer behavior patterns have also changed. some platforms have chosen to use the "lottery" model to make profits, but have not paid attention to supervision and responsibility, resulting in the continuous occurrence of legal disputes.