Cashier delivers Mega prize only with ticket; learn how to prevent yourself from

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A group of ten gamblers sought, this Wednesday (11), Justice in São José da Bela Vista (393 km from São Paulo), for feeling aggrieved by the apportionment of a prize pool from Mega da Virada —they are in game BRL 108,393,993.26, one fifth of the total prize pool. These people do not have a ticket to prove the bet.

Caixa Econômica Federal informs that it distributes the prize only to holders of the stub with the dozens drawn. In the case of the interior of São Paulo, the organizer of the lottery that turned into a legal imbroglio articulated a second collective bet with nine people, who have already redeemed the amounts to which they were entitled with their respective tickets.

Procon-SP guides that the participant of a sweepstakes must use the system offered by Caixa. Lotteries have registered sweepstakes in a regulated manner since 2012, and each player receives their receipt.

Experts in consumer law tell the Sheet that the public bank is exempt from administrative responsibility and the impasse needs to be resolved in civil court.

“The gambler can go to Procon-SP to register a complaint in case of problems with the lottery house or with Caixa Econômica itself. In case of disagreement with who registered the bet, it is necessary to go to the police”, says the executive director entity Guilherme Farid.

That’s what the gamblers who were left out of the apportionment did: they went to the police to file a police report and then to the courts. The two Mega sweepstakes were registered by the same person in the only lottery shop in São José da Bela Vista. The losing game involved 35 shares, and the winning game, nine, each participant earned more than R$ 12 million.

According to professor of Commercial Law at the Faculty of Law of USP Roberto Augusto Pfeiffer, people who feel aggrieved in the apportionment of lottery games may, without being supported by civil law, claim financial compensation for damages.

“The problem becomes one of proof. They will have to prove in the action that there was an agreement that the prize would be divided among the 44 people, not nine”, exemplifies Pfeiffer.

To validate this thesis, contracts, images, recordings and witness reports would be needed. The professor also claims that it would be necessary to file a lawsuit against the nine winners, and not just the organizer, since they have already received the award.

In Pfeiffer’s evaluation, it is also possible to argue that the organizer of the pool generated expectations with misleading promises. “It’s possible, but it’s a difficult case. It depends on what you have on record,” she says.

Lawyer Mário Bassi, who represents ten of the 35 frustrated gamblers, claims that the group kept prints and recordings that prove their participation in the sweepstakes. All left-handers in the game would have been in possession of the organizer, according to the defender. “Everything was done based on trust because they were well-known people who worked together.”

wanted by Sheet, the organizer’s defense denies the accusations and informs them to wait for the court notification to offer new statements. “There was no obscurity or any movement in the sense of deceiving”, affirms the lawyer Thiago Granzotti.

The lawyer also stated that his client and the other winners of the prize in São José da Bela Vista left the municipality, after receiving threats to share the millionaire prize.

What is the safest way to make a cake?

Procon-SP and Caixa Econômica Federal recommend that group bets be made at lottery agencies. As each bettor receives his voucher, it is the only way in which Caixa guarantees the payment of the prize. Loteria da Caixa regulated the sweepstakes service in 2012.

What are the steps to make a safe cake?

Caixa recommends that, for bets made at lottery outlets, the ticket holder identifies the back of the voucher with his full name, identification document number and CPF. In this way, the bettor ensures that no one else withdraws the prize.

In Mega-Sena, syndicates have a minimum price of R$ 10. However, each share cannot be less than R$ 5. Thus, each bet must have at least two shares. The maximum is 100 shares. Each participant can purchase as many shares as they wish and receive a voucher for each one.

More information can be consulted on the Caixa website.

I just made a deal with my friends. Is there any way to take precautions?

Caixa, Procon-SP and the lawyers consulted by Sheet advise against participating in informal sweepstakes. If it is impossible to resort to collective bets offered by lottery agencies, USP Law professor Roberto Augusto Pfeiffer recommends documenting the agreement with these steps:

  • Make a contract, signed by the parties
  • Record the participants, who paid and the bet number in a spreadsheet
  • Record conversations related to the agreement
  • Save screenshots of conversations by messaging app or email

To reinforce the validity of these documents, Pfeiffer suggests registering them with a notary.

I made a sweepstake and didn’t get my share. What to do?

Procon-SP recommends going to the police to register a police report for the preservation of rights.

Professor Roberto Augusto Pfeiffer indicates seeking civil justice to validate the agreement signed in carrying out the collective bet or to ask for compensation for damages, in case the participants feel deceived by the organizer of the syndicate. It is important to have proof.

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