December 7, 2022

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UOKiK Claims in Polsat New Year's Eve SMS Contest on How to Refund a Fine

UOKiK Claims in Polsat New Year’s Eve SMS Contest on How to Refund a Fine

Competition and Consumer Protection Office decided that Pulsat TV and Teleaudio Dwa, owned by Cyfrowy Polsat, may mislead consumers as to the rules, costs of participating in the New Year’s Eve SMS Contest, its course and potential prizes. – The allegations relate to both the content of oral messages and graphics sent during the New Year’s Eve music broadcast, as well as the content of SMS text messages related to the course of the competition that were sent to participants during its duration – stated in the announcement.


Viewers of the New Year’s party held by Telewizja Polsat can take part in the SMS contest “Win 100,000 PLN or a car and additional prizes”. The presenters of the program confirmed: “Just send an SMS saying New Year’s Eve to 7370”, “Today you are playing for one of these four stylish cars”, “Tonight we are calling only the winners”. The prompt to send an SMS also appeared at the bottom of the screen with the note “Reg.txt.str.463”.





According to the results of the Office of Competition and Consumer Protection Unlike messages, sending a single text message (at a cost of PLN 3.69) did not allow participation in the game for prizes, it was just an application for participation. Just sending a reply to 2 additional paid SMS (to choose the main prize and zip code) made it possible to participate in the next stage of the competition.


In the Polsat competition, the final task was not completed until January 5

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An advertisement from UOKiK describing the contest participants They did not receive a letter with the final assignment until January 5, 2022, and then had to send another SMS, already the fourth, (they spent a total of 14.76 PLN). Responses to SMS received on December 31 and January 1 made it possible to participate in the game for New Year’s Eve prizes and surprises, which were impossible to deduce from the broadcast of the broadcast. The info channel page 463 referenced in the communication during the program indicated the full list of regulations and further action was necessary to find the appropriate provisions.


Consumers have the right to require that basic information regarding competition rules, which can be obtained at the various stages of the awards and costs related to participation, be clear and not misleading. They must make sure that they can rely on what the hosts convey to them during the live program – and on this basis, they make a decision about their participation in the competition and spend money for this. It is similar to competition SMS – its content should be clear and understandable to consumers. If they know right away that the game requires them to take extra steps and spend more money, they may not decide to participate – comments Thomas Crostiny, head of the Office of Competition and Consumer Protection.


If the allegations are confirmed, Telewizja Polsat and Teleaudio Dwa will face a fine of up to 10 percent. annual yield.

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last year polsat tv Revenue increased by 9.1 percent. to PLN 1.65 billion, and an increase in operating costs of 16.4%. It made 445.6 million PLN of net profit. 300 million PLN from the profits were allocated to the payment of Cyfrowy Polsat as dividends.





According to Nielsen Audience Measurement, Polsat’s last New Year’s Eve concert 3.81 million viewers were watched, of which 3.1 million were in the main Polsat and 388.4 thousand. In Polsat News, and 325 thousand. in Polsat 2. For several years, the event was held at the Silesian Stadium in Chorzov.


Cyfrowy Polsat group with a series of penalties from the Bureau of Competition and Consumer Protection


In the spring of 2019, the Bureau of Competition and Consumer Protection Fines imposed on Polkomtel totaling 39.5 million PLN. It was about the automatic activation of services by the company, which additionally cost from PLN 2 to PLN 20 per month.


At the end of 2019, the judgment of the Regional Administrative Court became final Cancellation of the decision of the Director of the Chamber of Tax Administration, according to which Cyfrowy Polsat had to pay 40.6 million PLN in income tax due as of 2011 with interest. The court also suspended proceedings in this case.


In December last year the Competition and Consumer Protection Court It upheld the decision of the Head of the Office of Competition and Consumer Protection on fines in the total amount of PLN 50.6 million imposed on Polkomtel, the operator of the Plus network.. The company was fined for charging additional fees for broadcasting audio and video as part of its internet service.

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In turn, at the beginning of this year. SOKiK Maintain the 34.9 million PLN fine imposed on Cyfrowy Polsat Because during the 2016 European Football Championship, its broadcasts in the pay-per-view system made it difficult for its customers to access two German channels showing matches from this tournament.


In September this year. The Supreme Court did not accept the appeal of the cassation of the telecommunications network operator Plus (a subsidiary of the Cyfrowy Polsat group) against the fine imposed on the company by the head of the Office of Competition and Consumer Protection. Telekom paid PLN 18.4 million to mislead recipients in the “Power LTE without data limits” campaign as of 2014.