Recently, Mr. Chen from Changsha participated in a company's "Self-Discipline Challenge" project: within 35 days, if he adheres to rules such as not using mobile phones and working on time, he will receive a high bonus of 400,000. He paid the registration fee of 9,000 yuan and participated with confidence. As a result, within a day, he was eliminated because of accidentally rubbing his eyes.
It turns out that the challenge rules stipulate that challengers cannot cover their faces. If they cover their faces for more than 3 seconds at a time, the challenge will fail. Mr. Chen rubbed his eyes overtime due to sleepiness and was judged to have failed. He felt that this rule was inconsistent with the normal physiology of the human body and asked the company to refund the registration fee.
The company rejected Mr. Chen's request, saying that they were acting in accordance with the challenge contract agreed by both parties. "Faced with high bonuses, there must be rules. If it can be done, there will definitely be bonuses. But Mr. Chen did not do it."
On December 20, a reporter from Xiaoxiang Morning News contacted Mr. Chen who works in Changsha. He said that more than 10 days ago, he saw the company's promotional video online, saying that it launched a "self-discipline challenge" project: the challenger enters a hotel room arranged by the company, and under full monitoring, the challenge is to insist on not using mobile phones, working and resting on time for 35 days, and can engage in activities such as reading and fitness. If you successfully complete the challenge, you will receive a high reward of 400,000 yuan. The challenge has a certain level of difficulty, so it is recommended that you learn more about it before participating.
Mr. Chen was tempted at that time. On December 7, he found the company, signed a challenge contract, and paid a registration fee of 9,000 yuan. According to the challenge contract, the event aims to "overcome laziness, defeat sloppiness, and achieve a new self" and "those who have long-term addiction to smoking, alcohol, Internet, gambling and other bad habits in life, and are motivated to change themselves will be given priority to participate."
The contract stipulates in detail the rules that challengers must abide by, such as: no smoking, no drinking, no use of any electronic products, and you can bring items other than electronic products (Rubik's cube, cross-stitch, handmade, calligraphy and painting, knitwear, etc.), otherwise it will be a violation; turn off the lights after 10 pm to go to bed, and must wake up before 6 a.m. to turn on the lights, otherwise it will be a violation; during the challenge, you must not cover your face or turn your back to the camera. If it is blocked for no more than 3 seconds at a time, it is a violation; etc.
It is worth noting that for "not applicable to any electronic products", the contract has supplementary provisions, that is, you can use your mobile phone for 3 minutes from 10 a.m. to 11 a.m. every day; you can talk to your family for a limited time every other week; you can set an alarm clock on your mobile phone, and the alarm clock can only be turned off once a day.
The contract also stipulates rewards for successful challenges: a full refund of the registration fee for successful persistence for 6 days, a reward of 40,000 yuan for 9 days, a reward of 180,000 yuan for 22 days, and a reward of 180,000 yuan for 35 days. The total bonus is 400,000 yuan, which will be distributed in three installments. It also stipulates that if the challenger violates the contract rules, the challenge will be deemed a failure, and the registration fee will not be refunded in full.
I thought I would win a prize, but I was eliminated within a day.
Mr. Chen participated in the challenge with full confidence, but in practice he still felt that it was not easy. “It’s quite painful. I can’t do this or that.” He checked into the hotel at 1 pm on the 7th and started the challenge. On the 10th, I thought I would get my first bonus soon, but I was told that it was against the rules and the challenge failed. He was surprised. The company showed him surveillance video, which showed that at about 1 a.m. on the 8th, he rubbed his eyes several times with his hands for more than 3 seconds, violating the challenge regulations.
Mr. Chen said that he was afraid that he would not be able to get up at 6 o'clock the next day and would violate the "lights must be turned on before 6 o'clock" rule, so he chose to sleep with the lights on. But I couldn't sleep with the light on, the light was glaring, so I couldn't help but rub my eyes. Only then did he feel that some of the provisions in the contract were unreasonable as they went against the normal physiological needs of the human body. "If you can't turn your back to the camera, wouldn't it be against the rules to turn around and look out the window while sleeping?" He asked the company to refund the registration fee, but the company said that according to the contract, refunds could not be made.
On the morning of December 20, a reporter from Xiaoxiang Morning News came to the company in Changsha. The business license showed that it was established on November 24, 2023, less than a month ago. Its business scope includes organizing sports performances, experiential development activities and planning. Manager Mr. Li said that during this period, more than 20 customers have come to challenge. Only one or two persisted until the sixth day and received the registration fee. The others failed early. "There are similar companies in Chengdu. In a challenge not long ago, more than 10 people succeeded."
"Many people think they can succeed, but this is not the case." Regarding Mr. Chen's failure, Mr. Li said that since a high bonus is set, there must be rules and restrictions. "Otherwise, if everyone succeeds, the company will become a charity. If you complete the rules in the contract, you will definitely get the bonus, but Mr. Chen did not do it." He said that challengers should carefully understand the challenge rules before participating and consider them carefully before participating.
Lawyer’s Interpretation: Overly harsh content may infringe on the right to fair trading. You must fully understand the rules before participating.
In this matter, Mr. Chen questioned the unreasonable rule in the challenge rules that "you cannot turn your back to the camera or cover your face for more than 3 seconds." Is this provision legal? Are there any relevant legal constraints on the formulation of such challenging rules? In this regard, lawyer Yao Zhidou from Beijing Jingshi Law Firm said that this clause does not violate the mandatory provisions of laws and administrative regulations, does not violate public order and good customs, and is legal. The company's setting of challenge rules should comply with the provisions of the Civil Code and the Consumer Rights Protection Act, but content that is too harsh and almost impossible to achieve may infringe on consumers' rights to fair transactions.
In this matter, are there any relevant legal restrictions on the company's behavior of attracting consumers with high bonuses? Yao Zhidou said that it is legal for companies to attract consumers with high bonuses. However, companies must abide by Article 4 of the Advertising Law. Advertisements must not contain false or misleading content, and must not deceive or mislead consumers. Advertisers should be responsible for the authenticity of advertising content.
Mr. Chen currently requires the company to refund the registration fee, but the company refuses. What should he do? Yao Zhidou said that regarding the refund of the registration fee, the contract stipulates that the registration fee will be fully refunded within 6 days of successful challenge. However, Mr. Chen violated the contract by "rubbing his eyes with his hands": if occlusion occurs, it should not exceed 3 seconds at a time. If it exceeds 3 seconds, it will be considered a violation and the challenge will fail. Therefore, Mr. Chen does not meet the refund conditions stipulated in the contract, and he may not have the right to request a refund of the registration fee.
"If Mr. Chen believes that he has the right to request a refund of the registration fee, he can negotiate with the company and strive to reach a consensus. If the negotiation fails, he can consider seeking legal help, such as consulting a lawyer, complaining to a consumer association, or filing a lawsuit with the People's Court to protect his rights and interests." Yao Zhidou said.
Faced with this challenge, what should consumers do? Yao Zhidou suggested that in the face of this kind of self-discipline challenge activity, consumers should fully understand the rules and details of the activity before participating, especially the terms that lead to failure, and measure whether they can comply with the regulations. If you feel that the rules are too harsh or there is suspicion of fraud, you can choose not to participate or choose other appropriate activities. Consumers should keep relevant evidence and documents to safeguard their rights and interests in case of disputes.